STRATEGIC PRIORITY: Growing
AGENDA DATE: August 27, 2025
COUNCIL DISTRICT(S): Citywide
DEPARTMENT: Department of Planning and Development
EXECUTIVE: Robin Bentley
______________________________________________________________________
SUBJECT
Title
An ordinance amending Chapter 52, “Administrative Procedures for the Construction Codes,” of the Dallas City Code by amending Sections 302.2.1 and 306.1 (1) providing that permits and certificates of occupancy may be granted for certain multifamily uses and mixed use projects, even if not allowed by the underlying zoning, if the projects comply with Chapter 218 of the Texas Local Government Code; (2) providing a penalty not to exceed $2,000.00; (3) providing a saving clause; (4) providing a severability clause; and (5) providing an effective date - Financing - This action has no cost consideration to the City (see Fiscal Information)
Body
BACKGROUND
There are no previous code amendments. The 89th Texas Legislature met in regular session between January 15, 2025, and June 2, 2025. On January 17, 2025, S.B. 840 was filed. The Bill provides that certain structures being used primarily for an office, retail, or warehouse use may be converted to mixed-use and multifamily regardless of whether the uses are by zoning, and prohibits a city from requiring a zoning change, special exception, or variance in order to convert certain structures used primarily for an office use to be converted to mixed-use or multifamily. S.B. 840 was approved by both chambers of the Texas Legislature, was signed by Governor Greg Abbott on June 20, 2025, and takes effect on September 1, 2025. The text of the S.B. 840 is available at this link <https://capitol.texas.gov/tlodocs/89R/billtext/pdf/SB00840F.pdf>. To comply with the provision of S.B. 840, an amendment to Chapter 52 “Administrative Procedures for the Construction Codes,” of the Dallas City Code is proposed by amending Sections 302.2.1 and 306.1 to allow issuance of a building permit and certificate of occupancy for a project that complies with Chapter 218 of the Texas Local Government Code:
“302.2.1 General. The application, plans, specifications, computations, and other data filed by an applicant for a permit shall be reviewed by the building official. Such plans may be reviewed by other city departments to verify compliance with any applicable laws under their jurisdiction. The building official shall issue a permit to the applicant if the building official determines that:
1. The work described in the permit application and the plans, specifications, computations, and other data submitted are in compliance with the codes and all other applicable laws and ordinances; and
2. All fees specified in Section 303 and required by any other applicable city ordinance have been paid.
Exceptions:
1. A permit may be granted for the conversion of a structure from an office use, retail and personal service use, or warehouse use to a multifamily use or mixed use development, even if not allowed by the underlying zoning, if conversion of the structure complies with the requirements of Chapter 218 of the Texas Local Government Code.
2. A permit may be granted for a multifamily use or mixed use development, even if not allowed by the underlying zoning, if the multifamily use or mixed use development complies with the requirements of Chapter 218 of the Texas Local Government Code.”
“306.1 Use or occupancy. No structure or land shall be used or occupied, no change in the existing occupancy classification, zoning use, or the tenant or occupant of a structure or portion of a structure shall be made, and no floor area increases or decreases of any existing tenancy area of a structure shall be used or occupied, until the building official has issued a certificate of occupancy and a fee has been paid as required in Section 303 of this chapter.
Exceptions:
1. No certificate of occupancy is required for:
1.1. single family uses;
1.2. handicapped group dwelling unit uses;
1.3. duplex uses;
1.4. U occupancies accessory to single-family or duplex uses;
1.5. tenant changes to individual dwelling units in Group R, Division 2 apartment houses; and
1.6. a vendor who operates a business on private property and possesses a valid mobile food establishment permit issued under Chapter 17 of the Dallas City Code or a valid CBD concession license issued under Chapter 50 of the Dallas City Code, and
1.6.1. has the written permission of the owner of the private property on which the business is conducted; and
1.6.2. whose business operation complies with the codes, the Dallas Development Code, other city ordinances, rules, and regulations, and any county, state, or federal laws or regulations.
2. A certificate of occupancy may be granted for the conversion of a structure from an office use, retail and personal service use, or warehouse use to a multifamily use or mixed use development, even if not allowed by the underlying zoning, if conversion of the structure complies with the requirements of Chapter 218 of the Texas Local Government Code.
3. A certificate of occupancy may be granted for a multifamily use or mixed use development, even if not allowed by the underlying zoning, if the multifamily use or mixed use development complies with the requirements of Chapter 218 of the Texas Local Government Code.”
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
This item has no prior action.
FISCAL INFORMATION
This action has no cost consideration to the City; ordinance enforcement of $2,000.00 fee may generate additional revenues to the City.