Brownsville | Townhomes and Multifamily

Brownsville Townhomes, Triplexes and Apartments: R-3, Cottage Courts and SB 840

Three or more homes on one Brownsville site take one of three forms in the Unified Development Code (UDC): a row of townhouses, each on its own lot; a multifamily building, which the June 2026 definition calls "A building or group of buildings on a lot containing three or more dwelling units"; or one of the small building types written for the older neighborhoods around downtown, such as a cottage court. This page covers each form, the districts that allow it, and how the City's commercial districts line up with SB 840. The Brownsville overview has the short version.

Housing Types by District

Source: Brownsville UDC Section 4.4.3 and Section 4.3.3 (Supplement 26), with the building types, R-3 table and definitions from Ordinance No. 2026-235.127.

Townhouses

A townhouse is a home joined to its neighbor by a shared wall, with each home on its own piece of land. Ordinance No. 2026-235.127 defines it as "A series of two or more attached single-family dwelling units, each located on its own individually platted lot, with shared common walls between units extending from foundation to roof and no dwelling placed above or below another." Use standard 2 in Section 4.4.4 agrees: "Townhouse dwellings shall be constructed on individual lots that are platted in accordance with Article 3."

Two older texts still on municode say something else. The Permitted Use Chart defines a townhouse as "A group of three (3) or more attached single-family units" and adds that "The units may be located on one (1) lot or on individually platted lots." And Section 4.2.11.A.3, which the June 2026 ordinance restated, still has a rule for "Townhomes on a Single Lot." The June 2026 definition and use standard 2 both require a lot for each unit, so plan for a plat, and ask the Planning Department to confirm in writing before you design a row on one lot.

The townhouse building type in Section 4.5.4.F sets the shape of each unit: a maximum width of 30 feet, a maximum depth of 50 feet, a rear yard of at least 5 feet under the June 2026 text (15 feet before), and height "per zoning district." "The minimum number of joined townhouses is two (equivalent to side by side duplex), the maximum is six," and "End units shall meet the side yard setbacks established by zone." Outside walls are "Brick, stucco, smooth stone." The same text still says rooftop decks "are permitted above the two story limit," although the height row now points to the district; in R-2 the district allows 35 feet and 3 stories.

The district tables set the townhouse lot: 25 feet wide in R-2 and R-3, and 16 feet in the traditional and downtown districts where the building type is allowed. In R-2 and R-3 the side setback is "0' (Fire separation standards apply)," and Section 4.2.11.A.3.c says the interior side setback rules "do not apply to the interior sides of townhomes on separate lots." The Vasquez Ranch Road project shows the planned development route: Ordinance No. 235-2026-012-PD rezoned 3.205 acres from R-1 to R-2 with a planned development district for townhomes on an interior access easement.

Multifamily in R-3

R-3, Residential Transition, is the residential district for "small-scale multifamily uses as a transition between suburban and urban environments." Under the June 2026 table a multifamily lot needs "100 feet for all multi-family residential" of width and 2,000 square feet of area, buildings may cover 70 percent of the lot, and the main building may be 45 feet tall. Setbacks are 10 feet at the front, 0 feet at the sides where fire separation rules are met, and 5 feet at the rear. R-3 parking may sit in the front setback on an arterial or collector street, but only as "one parking aisle with two head-in rows."

Two reviews add work for a building of more than three homes. Section 4.2.4.C requires Site Plan approval for "one (1) or more residential buildings consisting of more than three (3) units per building." Section 4.6.1.C applies design rules to "multi-family residential, mixed-use, and nonresidential buildings in the R-3, CC, RC, LI, and HI districts," starting with "All buildings shall be finished on all four sides with the same materials, detailing, and features." A triplex on a platted lot stays under the three-unit line and needs only a plot plan.

The City has used R-3 for small apartment projects in 2026. Ordinance No. 235-2026-902 rezoned a 7.5-acre tract on Laredo Road from R-1 to R-3 "TO ALLOW A MULTIFAMILY DEVELOPMENT," and No. 235-2026-901 moved lots in the Rio Grande Estates Subdivision from R-2 to R-3 for the same purpose. In January 2026, No. 235-2025-026 rezoned 2.82 acres from R-1 to R-3 for a townhome development.

Cottage Rows, Cottage Courts and Small Apartments

The traditional neighborhood and form districts (TN, TN-MU, TN-C and DE) and the downtown districts (DG and DC) list "permissible building types," shapes a building must take, under Section 4.3.3. Section 4.5.3 says each lot gets one building type, plus one accessory building, unless the permit includes a plan to subdivide. The types that hold several homes are these:

• Cottage row: "A series (at least 3 and no more than 6) small, detached structures located on one lot or divided into individual lots," each up to 35 feet wide and 25 feet deep, at least 5 feet apart.
• Cottage court: small detached buildings "arranged to define a shared court that is typically perpendicular to the street," each up to 35 feet wide and 25 feet deep.
• Small apartment building: up to 90 feet wide, reaching back to the rear alley setback.
• Courtyard building: homes or shops around "a central courtyard open to the facing street," up to 40 feet wide.

Each needs a lot at least 100 feet wide. DE, TN-C and TN-MU allow all four. TN, the district for the older neighborhoods around downtown, allows a house, a cottage court, an accessory building and a corner commercial building; so in TN a building of several homes takes the cottage court form, although the use chart lists multifamily as permitted there. Ordinance No. 2026-235.127 raised the height in DE, TN-C, TN-MU and TN to 45 feet, from 35 feet in Supplement 26, and changed most building type heights to "per zoning district."

Apartments on Commercial Land and SB 840

Local Government Code chapter 218, added by SB 840 in 2025, applies to a city of more than 150,000 people that is wholly or partly in a county of more than 300,000. Section 218.101(a) says such a city "shall allow mixed-use residential use and development or multifamily residential use and development in a zoning classification that allows office, commercial, retail, warehouse, or mixed-use use or development." The preamble of Ordinance No. 2026-235.127 names "Senate Bill 840," and the same ordinance added Section 3.4.7.G.4: "The City Engineer shall not request a traffic impact analysis when the project Is limited to the conversion of existing nonresidential buildings to multifamily or mixed-use."

Source: Local Government Code 218.101, 218.102 and 218.203; Brownsville UDC Section 4.3.2 as restated by Ordinance No. 2026-235.127.

Corridor Commercial and Regional Center already permit both multifamily rows by right and allow 45 feet. They set no density cap: Supplement 26 printed "NET RESIDENTIAL DENSITY (MAX.) | None," and the June 2026 tables print no density row. Three points need a check:

• The transition rule. CC and RC say "Residential density shall not exceed 25% of the density permitted in the adjoining residential district for at least ½ a block adjoining the residential zoning district." Section 218.102 bars a density limit below the greater of the highest density allowed in the city or 36 per acre. The June 2026 residential tables also print no density, so the 25 percent rule has nothing to apply to. Where the rule and the statute differ, the statute controls.
• Light Industrial. The use chart permits "Distribution Center Or Warehouse" in LI and leaves every home type blank. Chapter 218 reaches a classification that allows warehouse use unless it "allows heavy industrial use." Ask the City how it reads LI.
• Exclusions. Section 218.101(c) leaves out land within 1,000 feet of a heavy industrial use, within 3,000 feet of an airport or military base, or in a clear zone or accident potential zone.

Parking, Parks and Landlord Costs

Every home type in the multifamily and townhouse rows needs one parking space per home after June 2026. Section 4.6.2 halves the chart rate in the TN districts and sets no minimum in the downtown districts. A building of four or more homes adds bicycle parking at "1 per 10 vehicular spaces (without garage or equivalent)."

Parkland applies on larger sites. Section 5.2 exempts "Property less than two (2) net acres." Above that, multifamily or mixed-use development dedicates "one (1) acre of parkland per one hundred (100) dwelling units," counted at final plat in CC and RC, or pays "five hundred dollars ($500) per dwelling unit." By VanPlex arithmetic, a 40-unit building would owe $20,000 in lieu of land. The FY 2027 schedule lists a "Multifamily Housing Inspection Program" registration with an "Annual registration fee $50.00 plus $12.00 per additional unit (3 units or more)," a $250 technology fee on a multifamily permit, and a certificate of occupancy fee of $50 per unit.

Where to Go Next

Related on VanPlex: the Brownsville overview, SB 840 and apartments on commercial land and building codes from duplex to fourplex.

Frequently Asked Questions

Official sources (checked October 2026)