Title
Update on State Legislative Updates regarding Land Use and Zoning
Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth
MEETING DATE: August 19, 2025
DEPARTMENT: Development Services - Planning Department
CONTACT: Hayley Angel, AICP, Planning Manager
Lucas Raley, AICP, CNU-A, CFM, Planning Director
RECOMMENDED CITY COUNCIL AND COMMISSION ACTION:
• Receive an update on State legislative changes regarding land use and zoning.
ITEM SUMMARY:
• During the 89th Legislative Session, three bills pertaining to land use and zoning were signed into law. They will have impacts on mixed-use and multifamily uses, single-family uses, and zoning protest petitions.
• Senate Bill 840 - relating to certain municipal regulation of certain mixed-use and multifamily residential development projects
o Texas Local Government Code Chapter 211 is amended and Chapter 218 is added to require certain municipalities to allow mixed-use residential and multifamily uses in a zoning classification that allows office, commercial, retail, mixed-use, or warehouse uses. It includes certain exceptions, such as properties with proximity to airports or heavy industrial uses and in zoning districts that allow heavy industrial uses.
o The newly added Chapter 218 also limits a municipality’s ability to regulate density, building height, setbacks, and parking requirements in any zoning district where the use is permitted.
o There are additional restrictions on a municipality’s authority for projects that convert existing office, retail, or warehouse buildings to mixed-use or multifamily residential uses. These include prohibiting a municipality from requiring a traffic impact analysis or requiring additional parking spaces.
• Senate Bill 15 - relating to size and density requirements for residential lots in certain municipalities
o Texas Local Government Code Chapter 211 is amended to restrict certain municipality’s authority regarding lot and development standards of certain single-family lots. On tracts of land that are unplatted, zoned for single-family residential uses, and are five acres or more, the municipality cannot require a lot size greater than 3,000 square feet, 30 feet wide, or 75 feet deep.
o On tracts described above, the law also limits a municipality’s ability to require certain development standards, such as setbacks, parking, and building height requirements. This restriction on standards only applies to lots with an area less than 4,000 square feet.
• House Bill 24 - relating to procedures for changes to a zoning regulation or district boundary
o Texas Local Government Code Chapter 211 is amended to increase the minimum threshold for a zoning protest petition for zoning requests that increase the number of dwelling units permitted on the site.
o Currently, if the surrounding property owners within 200 feet of a zoning request wish to file a formal zoning protest petition, property owners of at least 20% of the area must sign the petition to be valid. If this threshold is met or exceeded, then state law requires that three-fourths of City Council vote affirmatively to approve the zoning request.
o This bill changes the requirements for zoning cases that increase the number of dwelling units allowed on site. The threshold is increased to property owners representing 60% of the surrounding land area. If this threshold is met or exceeded, then the state law requires only a majority of City Council to vote affirmatively to approve the zoning request.
BACKGROUND INFORMATION:
• N/A