Sec. 218.102. REGULATION OF MIXED-USE RESIDENTIAL AND MULTIFAMILY RESIDENTIAL USE OR DEVELOPMENT. (a) Notwithstanding any other law, a municipality may not adopt or enforce an ordinance, zoning restriction, or other regulation that: (1) imposes on a mixed-use residential or multifamily residential development: (A) a limit on density that is more restrictive than the greater of: (i) the highest residential density allowed in the municipality; or (ii) 36 units per acre; (B) a limit on building height that is more restrictive than the greater of: (i) the highest height that would apply to an office, commercial, retail, or warehouse development constructed on the site; or (ii) 45 feet; or (C) a setback or buffer requirement that is more restrictive than the lesser of: (i) a setback or buffer requirement that would apply to an office, commercial, retail, or warehouse development constructed on the site; or (ii) 25 feet; (2) requires a mixed-use residential or multifamily residential development to provide: (A) more than one parking space per dwelling unit; or (B) a multilevel parking structure; (3) restricts the ratio of the total building floor area of a mixed-use residential or multifamily residential development in relation to the lot area of the development; or (4) requires a multifamily residential development not located in an area zoned for mixed-use residential use to contain nonresidential uses. (b) Notwithstanding any other law, if a municipal authority responsible for approving a building permit or other authorization required for the construction of a mixed-use residential or multifamily residential development determines that a proposed development meets municipal land development regulations in accordance with this subchapter, the municipal authority: (1) shall administratively approve the permit or other authorization; and (2) may not require further action by the governing body of the municipality for the approval to take effect.
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