Building set backs and lot sizes are often defining features of a neighborhood, giving blocks a certain look and feel. Neighborhoods inside the 610 Loop that want to preserve this aspect of their character may want to explore using the Minimum Lot Size or Minimum Building Line application. In order to qualify, your neighborhood must not have deed restrictions that address lot size or building lines for all properties within the subdivision.
What is a Minimum Lot Size (MLS)?
Related Development Regulations Links (Each section has additional links)
A special minimum lot size is the minimum lot size standard currently met by at least 70% of the application area. Applications from City designated Historic Districts use the slightly lower threshold of 60%. By establishing this standard, lots cannot be subdivided below the “special minimum” lot size in the designated area. For instance, if 5,000 square feet was established as the special minimum lot size, a lot could not be divided into lots smaller than that size.
If your lot is already smaller than the special minimum lot size, you will not be penalized. Existing structures may remain and can be replaced at any time without special permission. New structures that conform to the platting and building codes may be constructed without special permission.
What is a minimum building line?
Similar to the lot size, a minimum building line, or setback, is the minimum building line currently met by at least 70% of the structures in the application area. Applications from City designated Historic Districts use the slightly lower threshold of 60%. Once established, structures must be constructed behind the minimum building line.
If the home on your lot is closer than the minimum building line, you will not be penalized. The existing structure may remain in place; however, any new structure on the lot must conform to the established minimum building line.
How long does this designation last?
20 years from the date City Council adopts an ordinance establishing a minimum lot size or building line.
How do you apply?
Applications must be filed with the Planning and Development Department and must include:
The proposed boundaries
Map or sketch showing the address and land use for all lots
Data for each property that shows the property size for lot size applications or the distances from the property line to residence for building line applications.
A petition signed by at least one property owner
Evidence of support of other property owners
Affidavit describing the status of deed restrictions in the area
One survey per block face (for Minimum Building Line applications ONLY)
What criteria must the neighborhood meet to qualify for this application?
At least 60% of the application area is single family. Single family is defined as, “developed with, or restricted to, not more than two single-family units per property”.
The proposed area includes all properties within one blockface, or a maximum of two opposing blockfaces.
The petition demonstrates sufficient evidence of support from property owners in the proposed area.
The establishment of a special minimum lot size and/or building line will further the goal of preserving the character of the area.
The finding that the area has a minimum lot size and/or building line character.
Note: To determine the lot size/building line for each lot in your proposed area, go to www.hcad.org and research each property address.
Follow the instructions to view the map page which will provide measurements of lots. For building lines, property surveys are typically used.
If you need assistance with identifying your area’s lot size/building line, please contact us at (713) 837-7880.
What happens after the application is submitted?
All new development proposals submitted after the Minimum lot size or building line application must comply with the proposed Minimum lot size and/or building line throughout the review and approval period.
The Department provides written notice to all property owners in the proposed area within ten (10) days and signs are posted in two locations on the blockface(s) to be designated.
Any property owner in the proposed area may file a written protest within 30 days of the notice of the letter. If the application meets all the rules and there is no written protest or the supporting petition is signed by owners of 51% or more of the property in the application area, the Planning Department director shall approve administratively and forward to City Council for final approval.
The Planning director must refer the application to the Planning Commission for consideration if the application fails to meet criteria, owners of less than 51% of the property in the application area signed the petition or a timely protest was filed.
Planning Commission holds a public hearing with written notice on applications sent to them for consideration.
If Planning Commission approves the application, it is then forwarded to City Council for final action. If Planning Commission disapproves the application, it is denied.
Once City Council approves the lot size or building line application, it is recorded and in effect for twenty years.
Please note: As soon as a complete application is received that does have a Minimum lot size or building line, the application is deemed to be in effect and any subdivision plats must conform to the proposed lot size/building line. If the lot size/building line petition is denied, subdivision plats shall not be subject to the lot size/building line proposal.
