NEIGHBORHOOD STABILIZATION OVERLAY

In the fall of 2005, the Dallas City Council approved a new tool to help neighborhoods address the problem of McMansions and overly-massive new construction.  I strongly supported this initiative, which gives neighborhoods a voice in their future development.

With the Neighborhood Stabilization Overlay, neighborhoods can set standards for height, front and side yard setbacks, and garage placement for new construction and remodels.  (For more involved standards, such as style of architecture and building materials, neighborhoods can consider conservation or historic districts.)

Below is a general outline of the process to create a Neighborhood Stabilization Overlay.    For further questions, you may contact the City's Development Services Department at (214) 670-4127.
 

Step Required Action Responsible Party
1. Owners of at least 10 properties within the proposed overlay boundaries form a neighborhood committee.  The neighborhood committee decides where it wants the boundaries of the district to be.  The district must include at least 50 homes, and the homes must be contiguous. The area should include complete blocks (both sides of the street) -- the overlay boundaries may not end mid-block.  The committee should try to use the "natural" boundaries of the neighborhood if possible.

(For more specifics, read the NSO enabling ordinance to understand the overlay process and requirements.  I've highlighted the most important sections of the ordinance in yellow.)

 Property owner committee
2. The neighborhood committee surveys each individual house within the proposed overlay's boundaries to calculate neighborhood-wide median measurements for front and side yard setbacks, height, and garage placement.

The committee definitely needs to understand what is currently allowed to be built in the neighborhood.  To learn what the current zoning standards are for a neighborhood and to get maps of a neighborhood, visit http://maps.dallascityhall.com. 

At this point in the process, I recommend that the neighborhood committee conduct public meetings with neighborhood residents and property owners and/or send out surveys to determine what the neighborhood wants to preserve through the overlay. 

  • Does the neighborhood want to regulate house height?  If so, what is the maximum height that will be allowed? (Note that height may only be regulated if 60% or more of the proposed overlay's property owners sign the NSO petition. (The petition process is described later.)   See the city ordinance for a full explanation of how height may be regulated.)
  • Does the neighborhood want to regulate front yard setback (how far the house sets back from the sidewalk or front property line)?  If so, what is the minimum front yard setback that will be allowed?
  • Does the neighborhood want to regulate side yard setback (how far the house sets back from the side property line)?  If so, what is the minimum side yard setback that will be allowed?
  • Does the neighborhood want to regulate where the garage sits in reference to the house, how it is accessed (front or rear), and whether it is attached or detached?  If so, what are those regulations?
  • Are the boundaries the committee has proposed acceptable?  Does the neighborhood want to include other streets or blocks, or leave out certain streets or blocks?

These meetings can be conducted during steps 3 and 4, but should be finished before step 5.  Neighborhood residents should be on the same page by this point in the process.

 Property owner committee
3. The neighborhood committee submits a petition request form to the City's Department of Development Services, signed by owners of 10 properties in the proposed area. Property owner committee
4. City staff conducts field research and confirms survey information submitted by the neighborhood committee. City staff
5. City staff creates a petition document based on the neighborhood committee's wishes, and reviews the petition with the committee. The petition includes the names and addresses of all property owners in the proposed overlay area, with a place for owners to sign and date.  Only owners may sign (no renters), and only one owner per household may sign. 

Most importantly, the petition includes specific guidelines for height, front and side yard setbacks, and garage placement.

 City staff and property owner committee
6. City staff schedules and sends out notices of a city-sponsored neighborhood meeting to explain the proposed overlay's guidelines. City staff
7. City staff conducts a neighborhood meeting to explain the petition regulations to property owners within the proposed overlay boundaries. City staff and property owner committee
8. The neighborhood committee collects signatures for the petition.

The committee must collect signatures from more than 50% of the area's property owners.  In order to regulate height, the committee must collect signatures from at least 60% of the property owners.

Note that the committee only has 3 months to collect signatures if there are 50 or fewer homes in the area; 6 months if there are 51 or more homes.

 Property owner committee
9. The neighborhood committee submits the signed petition to the City Department of Development Services.  If the neighborhood committee collects signatures of more than 50% of overlay property owners within the allotted time (3 months or 6 months, depending on the size of the area), the committee pays an NSO fee to the City to continue the overlay process. The fee is waived if the committee collects 75% or more neighborhood signatures. Property owner committee
10. Petition signatures are verified and a Plan Commission hearing is scheduled. City staff
11. City staff sends out a notice of the Plan Commission hearing and a draft ordinance to all affected property owners. City staff
12. The City Plan Commission holds a public hearing and votes on whether to approve or deny the zoning request.  Plan Commission hearings are held at Dallas City Hall on Thursdays.  The public may speak at the hearing. City Plan Commission
13. If the Plan Commission approves the NSO request, City staff will schedule a City Council hearing. City staff
14. The City Council holds a public hearing and votes on whether to approve or deny the zoning request.  City Council hearings are held at Dallas City Hall on Wednesdays.  The public may speak at the hearing. City Council
15. If the City Council approves the zoning request, the property is rezoned to a Neighborhood Stabilization Overlay district. City staff

 

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