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Bills to Override City Control of Occupancy, Land Use Set for March 27 Hearing

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Legislation that would allow a property owner to restart using a property that is a nonconforming land use, and a bill that mostly eliminates city authority to control occupancy of residential properties are set for a hearing Thursday morning, March 27.

The House Land and Resource Management Committee will consider legislation Thursday, March 27, that would allow land uses that do not conform to a city’s zoning requirements or the neighborhood to be restarted up to five years after the use becomes nonconforming.

House Bill (HB) 2149 by Rep. Carl Tepper (R-District 84) requires a formal agreement with a property or business owner to stop a nonconforming use. This will require compensation. For Irving, the city does not intend to pursue the payout or amortization of currently operating nonconforming uses.

Specific items of concern are with the legislation:

This bill allows a property owner who stops the nonconforming use of or changes a use to a legal use of a property to begin the nonconforming use within five years. For instance, auto repair business could restart in the Heritage District, where the city has worked to convert away from auto uses.
This bill allows businesses to continue to invest in a nonconforming structure/use by expanding a building or constructing a new building if an existing one is damaged. Usually a nonconforming use cannot be improved because it doesn’t conform to the underlying zoning. Allowing this investment severely limits the likelihood the owner will cease the use.

HB 2797 by Rep. Cody Vasut (R-District 25) also will be heard Thursday. The legislation restricts circumstances in which a local government can limit the number of occupants in a dwelling unit, regardless of the reason.

Its companion, Senate Bill (SB) 1567 by Sen. Paul Bettencourt (R-District 7) has already passed out.