City planning staff briefed the Dallas City Council on Jan. 15 on how Texas Senate Bill 929 changes municipal procedures for "legal nonconforming" land uses and the draft amendments staff will bring to the Dallas Development Code.

The briefing, from Emily Liu, director of planning and development, and Andrea Woudreaux, deputy director for zoning, explained that SB 929 removes a second Board of Adjustment hearing in some cases, gives owners the option to accept a city payment to cease operations, and imposes a specific, conspicuous notice requirement for rezoning cases that could create nonconforming uses.

Why it matters: under the proposed approach, if the Board of Adjustment finds a nonconforming use has an adverse effect, the owner may choose either to keep operating until the owner recovers a calculated compensation or to accept a city payment that covers costs "directly attributable to ceasing the operation," including demolition, relocation and "loss in the market value of the property." Staff warned that the payout amounts could be significant and would obligate the city to pay where owners elect that option.

Andrea Woudreaux described the bill's change to the compliance hearing process: "SB 929 is silent as who may initiate a request to establish a compliance date. . . . If [the Board of Adjustment] determines [an adverse effect], there is no second hearing. And then the owner or the lessee of the nonconforming use has an option to either receive a payment from the city or continue to operate the nonconforming use until the owner receives the payment amount calculated." She told council that the owner "may appeal the amount calculated above to the board."

Staff outlined the practical steps they propose: amending Chapters 51A and 51 of the Dallas Code to reflect SB 929's hearing and notice requirements and adding the bill's prescribed language to mailed and posted rezoning notices. The presentation packet and an underlined draft amendment were circulated to council before the briefing.

Staff cautioned that SB 929 "significantly limited the municipality's authority to terminate nonconforming uses" but also reiterated that other municipal code enforcement powers remain in force. Emily Liu said staff intends to place the proposed code amendments on a future city council agenda, with a likely target date of Feb. 12 for the ordinance introduction and formal consideration.

Council recessed to executive session for legal advice after the briefing and returned without taking an immediate vote on the draft code changes.

The council heard the briefing as an informational legal and planning matter; no ordinance was adopted at the meeting.