The Dallas City Plan Commission is considering a change that could take away residents’ power to fight businesses harming their community.
Commission to Vote on Amending City Code
The Commission meets on Thursday to vote on an amendment aligning the city’s code with a recent state law (SB 929). This law changed how Texas cities handle closing non-conforming businesses, those operating legally but out of compliance with current zoning.
Past Use of Amortization
Previously, amortization (a legal closure process) has been used to shut down businesses like a crime-ridden car wash and a long-standing auto repair shop forced to close due to rezoning.
What is a Non-Conforming Business?
These businesses can harm residents through pollution, crime, or other issues.
Residents Upset About Proposed Change
Dallas activists and residents argue the proposed amendment by the city attorney’s office goes too far in limiting their ability to request hearings.
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Concerns About Lack of Resident Input
Jim Schermbeck, of Downwinders At Risk, a clean-air advocacy group, says the amendment eliminates opportunities for residents to raise concerns about health problems caused by non-conforming businesses.
City Attorney Proposes “Non-Conforming Fund”
The amendment suggests creating a fund to pay businesses to close, as mandated by SB 929. The city’s general budget could fund it, but no specific allocation amount is proposed.
Concerns About Funding Linking Hearings
The amendment ties a resident’s ability to request a hearing to the availability of funds in this new fund. Residents argue this unfairly restricts their right to challenge harmful businesses.
Alternative Proposal by Residents
Residents propose the city create an inventory of potentially harmful businesses, rank them by impact, and determine closure costs to establish a tax for funding closures.
Resident Lawsuit Against City
Janie Cisneros of Singleton United/Unidos, a West Dallas neighborhood group, has been trying to initiate closure of a local shingle company (GAF) since October 2023. The city hasn’t accepted her petition due to a lack of relevant laws. Cisneros sued the city and the Board of Adjustment in December 2023.
Next Steps
The Zoning Ordinance Advisory Committee recommended the amendment in October 2023. The City Plan Commission will vote on Thursday, and if passed, it goes to the City Council for a final decision.
