§ 35-398.03 — Small Lot Single-Family Development

Sec. 35-398.03. - Small Lot Single-Family Development.

(a) Definitions. For purposes of this section, "small lot" means a residential lot that is four thousand (4,000) square feet or less. (b) Applicability. (1) To qualify for development under this section, a property: (a) Will be platted for small lots as defined in this section and located in an area zoned for single-family homes; (b) Must be five (5) acres in size or more; and (c) Must not have a recorded plat. (2) This section does not affect any requirements related to: (a) The use and occupancy of residential units leased for a term of less than thirty (30) days; (b) Flooding, sewer facilities, or well water located on an individual residential lot and serving only that lot; (c) Setbacks related to environmental features, erosion, or waterways, to the extent authorized by federal or other state law; (d) Ordinances, rules or other measures related to aquifer recharge zones or the protection of an aquifer; or (e) Restrictions that are applicable to all similarly situated lots or subdivisions, including requiring all subdivisions or all small lots to fully mitigate stormwater runoff. (3) The owner may be required to: (a) Share a driveway with another lot; (b) Pay permitting fees equivalent to the permitting fees charged for the development of a lot the use of which is restricted to a single family residence; and (c) Pay impact fees, to the extent authorized by Chapter 395 of the Local Government Code. (c) Development Standards. (1) If the conditions in subsection (b) are met, and subject to any applicable restrictions in subsections (b) and (d), a development under this section is not required to have platted residential lots: (A) larger than three thousand (3,000) square feet in area; (B) wider than 30 feet; (C) deeper than seventy-five (75) feet; or, if regulating the density of dwelling units in a residential development, a ratio of dwelling units per acre that prevents a single family home from being built on a residential lot that is at least three thousand (3,000) square feet. (2) If the conditions in subsection (b) are met, and subject to any applicable restrictions in subsections (b) and (d), a small lot under this section is not required to: (A) provide a setback greater than a: (i) Fifteen (15) foot front setback; (ii) Ten (10) foot rear setback; or (iii) Five (5) foot side setbacks. (B) Provide more than one (1) parking space per unit; (C) Provide more than thirty (30) percent open space or permeable surface; (D) Contain less than three (3) full stories not exceeding ten (10) feet in height, measured from the interior floor to ceiling; (E) Be limited by a maximum building bulk; (F) Adhere to any wall articulation requirement; or (G) Comply with any zoning restriction that imposes restrictions inconsistent with this subsection, including any such restriction as applied by a zoning overlay district; (H) Provide covered parking; (I) Provide off-site parking. (d) Land that meets any of the criteria below are not eligible for small lot development under this section: (1) Within three thousand (3,000) feet of an airport or military base; or (2) Within fifteen thousand (15,000) of the boundary of a military base (including Lackland Air Force Base or Randolph Air Force Base) if the area is designated by a municipality or joint airport zoning board, as applicable, as a military airport overlay zone with a clear zone and accident potential zone designation, as described by the military base's air installation compatible use zone report.

(Ord. No. 2025-09-04-0580, § 2, 9-4-25)