How New Land Use Laws from the 89th Legislature Affect Fort Worth

SB 1883 & SB 840  — Transportation Impact Fees 

SB 1883 adds a financial audit before impact fee increases, adds 120 days to the overall public comment period, and makes the following changes to the Capital Improvements Advisory Committee (CIAC):

• City Plan Commission can no longer serve as the advisory committee

• 50% of the members must represent the real estate, development, or building industries

• August 2025 ordinance updates establish the criteria for the new CIAC whose members will be nominated at large and appointed by Council. The CIAC will be made up of 7 members plus 2 alternates

SB 840 explains that a city cannot apply an impact fee on land where a building has been converted to mixed-use or multifamily residential (change of use) unless the land was already assessed an impact fee

• This aligns with the administration of the City's existing program

• August 2025 ordinance updates clarify that this is the case

SB 840 & 2477  — Mixed-Use Residential and Multifamily Development

Multifamily means the use or development of a site for three or more dwelling units within one or more buildings. The term includes the use or development of a residential condominium. 

Mixed-use residential means the use or development of a site consisting of residential and nonresidential uses in which the residential uses are at least 65 percent of the total square footage of the development. The term includes the use or development of a condominium.

Multifamily & Mixed-Use Residential - NEW CONSTRUCTION

• For new construction, city can continue to regulate:
  •  Façade design, fenestration, building entries
  • Open space and urban forestry
  • Other items related to pedestrian-oriented urban form: sidewalks, lighting, street trees, benches, and bicycle parking
  • Signage

SB 15 —Small Lots

Every zoning district that allows single-family can have a lot size as small as 3,000 square feet (equivalent to R1) on an unplatted parcel that is at least 5 acres. 

• Exemptions 
  • 3,000 feet of an airport
  • 15,000 feet of a clear zone and accident potential zone
  • Development agreement

Bill requires the City to allow the following on lots that are less than 4,000 square feet:

• Parking - no covered parking; 1 space per unit, where City typically requires 2-4 spaces
• Design Standards – no regulation on bulk and wall articulation
• Lot Coverage – limited to requiring no more than 30% lot coverage

*City can continue to regulate these standards for lots greater than 4,000 square feet.*

HB 24 —Zoning Notice and Protests

Bill change requirements for zoning notice and protests:

• Defines “Comprehensive Zoning Changes” as changes that:

  • will have the effect of allowing more residential and apply uniformly to each parcel in one or more zoning district
  • adopt a new zoning code or zoning map that applies to entire City
  • adopt a zoning overlay district that allows more residential development and includes an area along major roadway, highway, or transit corridor.

• Changes protest requirements from 20% to 60% within 200 feet if the proposed change would allow more residential uses

• Requires proposed zoning changes to be published in newspaper and on the City’s website.

• A zoning change that allows more residential development is presumed valid if no action to invalidate within 60 days of the effective date

• For Comprehensive Zoning Changes, only newspaper notice and mailed notice to nonconforming owners is required

• For proposed zoning change not applying to entire City, the Zoning Commission must post a sign:
  • On the property (or right-of-way if multiple properties)
  • 10th day before zoning Commission until final Council determination
  • 24 inches long by 48 inches 

HB 2464 —Home-Based Business

Home-Based Business (HBB) is defined as a business that is operated from:

• residential property
• by owner or tenant of the property
• for the purpose of: manufacturing, providing or selling a lawful good, or providing a lawful service

*City can require: HBB to meet certain federal, state, and local regulations related to health and sanitation, fire code and building code, solid or hazardous waste, pollution, and noise; HBB to be compatible with the surrounding residential use; and secondary use to the primary use as a residential dwelling*

*City allows the city to prohibit HBBs from certain uses, like selling alcohol or illegal drugs, or an SOB*

No-impact home-based business (NIHBB) is defined as a HBB that:

• Has, at any time on the property where the business is operated, a total number of employees and clients or patrons of the business that does not exceed the city’s occupancy limit for the property (currently 5)
• Does not generate on-street parking or a substantial increase in traffic through the area
• Operates in a manner in which none of its activities are visible from a street

*City cannot: prohibit NIHBB, require a permit to operate, require rezoning to non-residential, require sprinklers if single-family detached or 2-unit multifamily*

HB 3866—Outdoor Storage Containers

Allows outdoor storage containers at commercial facilities

• Defines an intermediate bulk container recycling facility
•  Allows cities to adopt an ordinance regulating where intermediate bulk container recycling facilities (within 2,000 feet of a residence)
•  Allows TCEQ to adopt regulations