diff --git "a/dallas_codes_vol3.txt" "b/dallas_codes_vol3.txt" new file mode 100644--- /dev/null +++ "b/dallas_codes_vol3.txt" @@ -0,0 +1,68067 @@ +VOLUME III +Volume III: Contains 9/23 Supplement current through +Ordinance 32556, passed 9-20-23 +CHAPTER 51A +DALLAS DEVELOPMENT CODE: +ORDINANCE NO. 19455, AS AMENDED +ARTICLE I. +GENERAL PROVISIONS. +Sec. +51A-1.101.   Reserved. +Sec. +51A-1.102.   Applicability and purpose. +Sec. +51A-1.103.   Enforcement. +Sec. +51A-1.104.   Certificate of occupancy. +Sec. +51A-1.104.1.   Applications. +Sec. +51A-1.105.   Fees. +Sec. +51A-1.105.1.   Fee exemptions and refunds. +Sec. +51A-1.106.   Notification signs required to be obtained and posted. +Sec. +51A-1.107.   Special exceptions for the handicapped. +Sec. +51A-1.108.   Comprehensive plan. +Sec. +51A-1.109.   Apportionment of exactions. +ARTICLE II. +INTERPRETATIONS AND DEFINITIONS. +Sec. +51A-2.101.   Interpretations. +Sec. +51A-2.102.   Definitions. +ARTICLE III. +DECISIONMAKING AND ADMINISTRATIVE BODIES. +Sec. +51A-3.101.   City plan and zoning commission. +Sec. +51A-3.102.   Board of adjustment. +Sec. +51A-3.103.   Landmark commission. +Sec. +51A-3.104.   Reserved. +Sec. +51A-3.105.   Building official. +ARTICLE IV. +ZONING REGULATIONS. +Division +51A-4.100. Establishment of Zoning Districts. +Sec. +51A-4.101.   New zoning districts established. +Sec. +51A-4.102.   Reserved. +Sec. +51A-4.103.   Zoning district map. +Sec. +51A-4.104.   Zoning district boundaries. +Sec. +51A-4.105.   Interpretation of district regulations. +Secs. 51A-4.106 thru 51A-4.109.   Reserved. +Division +51A-4.110. Residential District Regulations. +Sec. +51A-4.111.   Agricultural [A(A)] District. +Sec. +51A-4.112.   Single family districts. +Sec. +51A-4.113.   Duplex [D(A)] district. +Sec. +51A-4.114.   Townhouse [TH-1(A), TH-2(A), and TH-3(A)] districts. +Sec. +51A-4.115.   Clustered housing (CH) district. +Sec. +51A-4.116.   Multifamily districts. +Sec. +51A-4.117.   Manufactured home [MH(A)] district. +Secs. 51A-4.118 thru 51A-4.119.   Reserved. +Division +51A-4.120. Nonresidential District Regulations. +Sec. +51A-4.121.   Office districts. +Sec. +51A-4.122.   Retail districts. +Sec. +51A-4.123.   Commercial service and industrial districts. +Sec. +51A-4.124.   Central area districts. +Sec. +51A-4.125.   Mixed use districts. +Sec. +51A-4.126.   Multiple commercial districts. +Sec. +51A-4.127.   Urban corridor districts. +Division +51A-4.200. Use Regulations. +Sec. +51A-4.201.   Agricultural uses. +         (1)   Animal production. +         (2)   Commercial stable. +         (3)   Crop production. +         (4)   Private stable. +Sec. +51A-4.202.   Commercial and business service uses. +         (1)   Building repair and maintenance shop. +         (2)   Bus or rail transit vehicle maintenance or storage facility. +         (3)   Catering service. +         (4)   Commercial cleaning or laundry plant. +         (5)   Custom business services. +         (6)   Custom woodworking, furniture construction, or repair. +         (7)   Electronics service center. +         (8)   Job or lithographic printing. +         (8.1)   Labor hall. +         (9)   Machine or welding shop. +         (10)   Machinery, heavy equipment, or truck sales and service. +         (11)   Medical or scientific laboratory. +         (12)   Technical school. +         (13)   Tool or equipment rental. +         (14)   Vehicle or engine repair or maintenance. +Sec. +51A-4.203.   Industrial Uses. +         (0)   Alcoholic beverage manufacturing. +         (1)   Industrial (inside). +         (1.1)   Industrial (inside) for light manufacturing. +         (2)   Industrial (outside). +         (2.1)   Medical/infectious waste incinerator. +         (3)   Metal salvage facility. +         (3.1)   Mining. +         (3.2)   Gas drilling and production. +         (3.3)   Gas pipeline compressor station. +         (4)   Municipal waste incinerator. +         (4.1)   Organic compost recycling facility. +         (5)   Outside salvage or reclamation. +         (5.1)   Pathological waste incinerator. +         (6)   Temporary concrete or asphalt batching plant. +Sec. +51A-4.204.   Institutional and community service uses. +         (1)   Adult day care facility. +         (2)   Cemetery or mausoleum. +         (3)   Child-care facility. +         (4)   Church. +         (5)   College, university, or seminary. +         (6)   Reserved. +         (7)   Community service center. +         (8)   Convalescent and nursing homes, hospice care, and related +institutions. +         (9)   Convent or monastery. +��        (10)   Reserved. +         (11)   Foster home. +         (12)   Reserved. +         (13)   Halfway house. +         (14)   Hospital. +         (15)   Reserved. +         (16)   Library, art gallery, or museum. +         (17)   Public or private school. +Sec. +51A-4.205.   Lodging uses. +         (1)   Hotel or motel. +         (1.1)   Extended stay hotel or motel. +         (2)   Lodging or boarding house. +         (2.1)   Overnight general purpose shelter. +         (3)   Reserved. +Sec. +51A-4.206.   Miscellaneous uses. +         (1)   Carnival or circus (temporary). +         (1.1)   Hazardous waste management facility. +         (1.2)   Placement of fill material. +         (2)   Temporary construction or sales office. +Sec. +51A-4.207.   Office uses. +         (1)   Alternative financial establishment. +         (2)   Financial institution without drive-in window. +         (3)   Financial institution with drive-in window. +         (4)   Medical clinic or ambulatory surgical center. +         (5)   Office. +Sec. +51A-4.208.   Recreation uses. +         (1)   Country club with private membership. +         (2)   Private recreation center, club or area. +         (3)   Public park, playground, or golf course. +Sec. +51A-4.209.   Residential uses. +         (1)   College dormitory, fraternity or sorority house. +         (2)   Duplex. +         (3)   Group residential facility. +         (3.1)   Handicapped group dwelling unit. +         (4)   Manufactured home park, manufactured home subdivision, or +campground. +         (5)   Multifamily. +         (5.1)   Residential hotel. +         (5.2)   Retirement housing. +         (6)   Single family. +Sec. +51A-4.210.   Retail and personal service uses. +         (1)   Ambulance service. +         (2)   Animal shelter or clinic. +         (3)   Auto service center. +         (4)   Alcoholic beverage establishments. +         (5)   Business school. +         (6)   Car wash. +         (7)   Commercial amusement (inside). +         (8)   Commercial amusement (outside). +         (8.1)   Commercial motor vehicle parking. +         (9)   Commercial parking lot or garage. +         (9.1)   Convenience store with drive-through. +         (10)   Drive-in theater. +         (11)   Dry cleaning or laundry store. +         (12)   Furniture store. +         (13)   General merchandise or food store 3,500 square feet or less. +         (14)   General merchandise or food store greater than 3,500 square +feet. +         (15)   Home improvement center, lumber, brick or building materials +sales yard. +         (16)   Household equipment and appliance repair. +         (16.1)   Liquefied natural gas fueling station. +         (17)   Liquor store. +         (18)   Mortuary, funeral home, or commercial wedding chapel. +         (19)   Motor vehicle fueling station. +         (20)   Nursery, garden shop, or plant sales. +         (21)   Outside sales. +         (22)   Pawn shop. +         (23)   Personal service use. +         (24)   Restaurant without drive-in or drive-through service. +         (25)   Restaurant with drive-in or drive-through service. +         (26)   Surface parking. +         (27)   Swap or buy shop. +         (28)   Taxidermist. +         (29)   Temporary retail use. +         (30)   Theater. +         (30.1)   Truck stop. +         (31)   Vehicle display, sales, and service. +Sec. +51A-4.211.   Transportation uses. +         (1)   Airport or landing field. +         (2)   Commercial bus station and terminal. +         (3)   Heliport. +         (4)   Helistop. +         (5)   Private street or alley. +         (6)   Railroad passenger station. +         (7)   Railroad yard, roundhouse, or shops. +         (8)   STOL (short takeoff or landing) port. +         (9)   Transit passenger shelter. +         (10)   Transit passenger station or transfer center. +Sec. +51A-4.212.   Utility and public service uses. +         (1)   Commercial radio or television transmitting station. +         (2)   Electrical generating plant. +         (3)   Electrical substation. +         (4)   Local utilities. +         (5)   Police or fire station. +         (6)   Post office. +         (7)   Radio, television, or microwave tower. +         (8)   Refuse transfer station. +         (9)   Sanitary landfill. +         (10)   Sewage treatment plant. +         (10.1)   Tower/antenna for cellular communication. +         (11)   Utility or government installation other than listed. +         (12)   Water treatment plant. +Sec. +51A-4.213.   Wholesale, distribution, and storage uses. +         (1)   Auto auction. +         (2)   Building mover’s temporary storage yard. +         (3)   Contractor’s maintenance yard. +         (4)   Freight terminal. +         (5)   Livestock auction pens or sheds. +         (6)   Manufactured building sales lot. +         (7)   Mini-warehouse. +         (8)   Office showroom/warehouse. +         (9)   Outside storage. +         (10)   Petroleum product storage and wholesale. +         (11)   Recycling buy-back center. +         (11.1)   Recycling collection center. +         (11.2)   Recycling drop-off container. +         (11.3)   Recycling drop-off for special occasion collection. +         (12)   Sand, gravel, or earth sales and storage. +         (13)   Trade center. +         (14)   Vehicle storage lot. +         (15)   Warehouse. +Secs. 51A-4.214 thru 51A-4.216.   Reserved. +Sec. +51A-4.217.   Accessory uses. +         (1)   Accessory community center (private). +         (1.1)   Accessory electric vehicle charging station. +         (2)   Accessory game court (private). +         (3)   Accessory helistop. +         (3.1)   Accessory medical/infectious waste incinerator. +         (4)   Accessory outside display of merchandise. +         (5)   Accessory outside sales. +         (6)   Accessory outside storage. +         (6.1)   Accessory pathological waste incinerator. +         (7)   Amateur communication tower. +         (7.1)   Day home. +         (7.2)   General waste incinerator. +         (8)   Home occupation. +         (8.1)   Live unit. +         (9)   Occasional sales (garage sales). +         (10)   Private stable. +         (11)   Swimming pool (private). +         (12)   Pedestrian skybridges. +Sec. +51A-4.218.   Limited uses. +Sec. +51A-4.219.   Specific use permit (SUP). +Sec. +51A-4.220.   Classification of new uses. +Sec. +51A-4.221.   Sexually oriented businesses. +Division +51A-4.300. Off-Street Parking and Loading Regulations. +Sec. +51A-4.301.   Off-street parking regulations. +Sec. +51A-4.302.   Parking [P(A)] district regulations. +Sec. +51A-4.303.   Off-street loading regulations. +Sec. +51A-4.304.   Off-street stacking space regulations. +Sec. +51A-4.305.   Handicapped parking regulations. +Sec. +51A-4.306.   Off-street parking in the central business district. +Sec. +51A-4.307.   Nonconformity as to parking or loading regulations. +Secs. 51A-4.308 thru 51A-4.309.   Reserved. +Division +51A-4.310. Off-Street Parking Reductions. +Sec. +51A-4.311.   Special exceptions. +Sec. +51A-4.312.   Tree preservation parking reduction. +Sec. +51A-4.313.   Administrative parking reduction. +Sec. +51A-4.314.   Reductions for providing bicycle parking. +Division +51A-4.320. Special Parking Regulations. +Sec. +51A-4.321.   Definitions. +Sec. +51A-4.322.   Purpose. +Sec. +51A-4.323.   Procedures for special parking approval. +Sec. +51A-4.324.   Review by the director. +Sec. +51A-4.325.   Decision of the director. +Sec. +51A-4.326.   Notice. +Sec. +51A-4.327.   Appeals. +Sec. +51A-4.328.   Agreement required. +Sec. +51A-4.329.   Special parking license. +Sec. +51A-4.329.1.   Offenses. +Sec. +51A-4.329.2.   Revocation of certificate of occupancy. +Division +51A-4.330. Bicycle Parking Regulations. +Sec. +51A-4.331.   Applicability. +Sec. +51A-4.332.   General provisions. +Sec. +51A-4.333.   Spaces required. +Sec. +51A-4.334.   Location and design. +Sec. +51A-4.335.   Waivers. +Division +51A-4.340. Mechanized Parking. +Sec. +51A-4.341.   Purpose. +Sec. +51A-4.342.   Definitions. +Sec. +51A-4.343.   Procedures for mechanized parking approval. +Sec. +51A-4.344.   Mechanized parking license. +Sec. +51A-4.345.   General standards. +Division +51A-4.400. Yard, Lot, and Space Regulations. +Sec. +51A-4.401.   Minimum front yard. +Sec. +51A-4.402.   Minimum side yard. +Sec. +51A-4.403.   Minimum rear yard. +Sec. +51A-4.404.   Minimum lot area for residential use. +Sec. +51A-4.405.   Minimum lot width for residential use. +Sec. +51A-4.406.   Minimum lot depth for residential use. +Sec. +51A-4.407.   Maximum lot coverage. +Sec. +51A-4.408.   Maximum building height. +Sec. +51A-4.409.   Maximum floor area ratio. +Sec. +51A-4.410.   Schedule of yard, lot, and space regulations. +Sec. +51A-4.411.   Shared access development. +Sec. +51A-4.412.   Residential proximity slope. +Division +51A-4.500. Overlay and Conservation District Regulations. +Sec. +51A-4.501.   Historic overlay district. +Sec. +51A-4.502.   Institutional overlay district. +Sec. +51A-4.503.   D and D-1 liquor control overlay districts. +Sec. +51A-4.504.   Demolition delay overlay district. +Sec. +51A-4.505.   Conservation districts. +Sec. +51A-4.506.   Modified delta overlay district. +Sec. +51A-4.507.   Neighborhood stabilization overlay. +Sec. +51A-4.508.   Turtle Creek Environmental Corridor. +Sec. +51A-4.509.   Parking management overlay district. +Sec. +51A-4.510.   Accessory dwelling unit overlay. +Sec. +51A-4.511.   Neighborhood forest overlay. +Division +51A-4.600. Regulations of Special Applicability. +Sec. +51A-4.601.   Creation of a building site. +Sec. +51A-4.602.   Fence, screening and visual obstruction regulations. +Sec. +51A-4.603.   Use of conveyance as a building. +Sec. +51A-4.604.   Restrictions on access through a lot. +Sec. +51A-4.605.   Design standards. +Division +51A-4.700. Zoning Procedures. +Sec. +51A-4.701.   Zoning amendments. +Sec. +51A-4.702.   Planned development (PD) district regulations. +Sec. +51A-4.703.   Board of adjustment hearing procedures. +Sec. +51A-4.704.   Nonconforming uses and structures. +Sec. +51A-4.705.   Annexed territory temporarily zoned. +Sec. +51A-4.706.   Reserved. +Division +51A-4.800. Development Impact Review. +Sec. +51A-4.801.   Purpose. +Sec. +51A-4.802.   Definitions. +Sec. +51A-4.803.   Site plan review. +Division +51A-4.900. Affordable Housing. +Sec. +51A-4.901.   Purpose. +Sec. +51A-4.902.   Definitions. +Sec. +51A-4.903.   Application of division. +Sec. +51A-4.904.   Special exception. +Sec. +51A-4.905.   Procedures to obtain a density bonus. +Sec. +51A-4.906.   Review by the director. +Sec. +51A-4.907.   Decision by the director. +Sec. +51A-4.908.   Affordable housing instrument required. +Sec. +51A-4.909.   Operation of affordable housing program. +Sec. +51A-4.910.   Alternative ways to satisfy SAH unit obligation. +Division +51A-4.1000. Park Land Dedication. +Sec. +51A-4.1001.   Purpose. +Sec. +51A-4.1002.   Applicability. +Sec. +51A-4.1003.   Definitions and interpretations. +Sec. +51A-4.1004.   Dedication. +Sec. +51A-4.1005.   Fee-in-lieu. +Sec. +51A-4.1006.   Park development fee. +Sec. +51A-4.1007.   Calculations, deductions, and credits. +Sec. +51A-4.1008.   Park land dedication standards. +Sec. +51A-4.1009.   Park land dedication fund. +Sec. +51A-4.1010.   Tree mitigation. +Sec. +51A-4.1011.   Appeals. +Sec. +51A-4.1012.   Review. +Division +51A-4.1100. Mixed-Income Housing. +Sec. +51A-4.1101.   Purpose. +Sec. +51A-4.1102.   Applicability. +Sec. +51A-4.1103.   Definitions and interpretations. +Sec. +51A-4.1104.   Development bonus period. +Sec. +51A-4.1105.   Procedures to obtain a development bonus. +Sec. +51A-4.1106.   Development regulations. +Sec. +51A-4.1107.   Design standards. +Sec. +51A-4.1108.   Board of adjustment variances. +ARTICLE V. +FLOODPLAIN AND ESCARPMENT ZONE REGULATIONS. +Division +51A-5.100. Floodplain Regulations. +Sec. +51A-5.101.   Definitions and interpretations applicable to the floodplain +regulations. +Sec. +51A-5.102.   Designation or removal of FP areas. +Sec. +51A-5.103.   Compliance in undesignated floodplain areas. +Sec. +51A-5.103.1.   Vegetation alteration in floodplain prohibited. +Sec. +51A-5.104.   Uses and improvements permitted. +Sec. +51A-5.105.   Filling in the floodplain. +Sec. +51A-5.106.   Setback from natural channel required. +Sec. +51A-5.107.   Trinity river corridor development certificate process. +Division +51A-5.200. Escarpment Regulations. +Sec. +51A-5.201.   Definitions. +Sec. +51A-5.202.   Development in escarpment zone prohibited. +Sec. +51A-5.203.   Permit required for development in geologically similar areas. +Sec. +51A-5.204.   Escarpment permit application and review. +Sec. +51A-5.205.   Slope stability analysis. +Sec. +51A-5.206.   Soil erosion control plan. +Sec. +51A-5.207.   Grading plan. +Sec. +51A-5.208.   Vegetation plan. +Sec. +51A-5.209.   Escarpment area review committee. +Sec. +51A-5.210.   Platting in the escarpment zone and in the geologically similar +area. +ARTICLE VI. +ENVIRONMENTAL PERFORMANCE STANDARDS. +Sec. +51A-6.101.   Definitions applicable to the environmental performance standards. +Sec. +51A-6.102.   Noise regulations. +Sec. +51A-6.103.   Toxic and noxious matter. +Sec. +51A-6.104.   Glare. +Sec. +51A-6.105.   Vibration. +Sec. +51A-6.106.   Odors, smoke, particulate matter and other air contaminants. +Sec. +51A-6.107.   Nonconformance with the environmental performance standards. +Sec. +51A-6.108.   Municipal setting designation ordinance. +ARTICLE VII. +SIGN REGULATIONS. +Division +51A-7.100. Purposes and Definitions. +Sec. +51A-7.101.   Purpose. +Sec. +51A-7.102.   Definitions. +Division +51A-7.200. Provisions For All Zoning Districts. +Sec. +51A-7.201.   Application of division. +Sec. +51A-7.202.   Imitation of traffic and emergency signs prohibited. +Sec. +51A-7.203.   Roof and right-of-way signs. +Sec. +51A-7.204.   Other codes not in conflict, applicable. +Sec. +51A-7.205.   Athletic field signs, portable signs, special purpose signs, +movement control signs, and protective signs. +Sec. +51A-7.206.   Vehicular signs. +Sec. +51A-7.207.   Government signs. +Sec. +51A-7.208.   Creation of site. +Sec. +51A-7.209.   Signs displaying noncommercial messages. +Sec. +51A-7.210.   General maintenance. +Sec. +51A-7.211.   Signs attached to structures located on buildings. +Sec. +51A-7.212.   Street construction alleviation signs. +Sec. +51A-7.213.   Detached sign unity agreements. +Sec. +51A-7.214.   City kiosks. +Sec. +51A-7.215.   Animal shelter sign. +Sec. +51A-7.216.   Digital display on certain premise signs. +Division +51A-7.300. Provisions For Business Zoning Districts. +Sec. +51A-7.301.   Application of division. +Sec. +51A-7.302.   Reserved. +Sec. +51A-7.303.   General provisions applicable to signs in business zoning +districts. +Sec. +51A-7.304.   Detached signs. +Sec. +51A-7.305.   Attached signs. +Sec. +51A-7.306.   Detached non-premise signs prohibited generally. +Sec. +51A-7.307.   Relocation of certain detached non-premise signs. +Sec. +51A-7.308.   Digital display on certain detached non-premise signs. +Division +51A-7.400. Provisions for Non-Business Zoning Districts. +Sec. +51A-7.401.   Application of division. +Sec. +51A-7.402.   General provisions applicable to signs in non-business zoning +districts. +Sec. +51A-7.403.   Detached signs. +Sec. +51A-7.404.   Attached signs. +Division +51A-7.500. Special Provision Sign Districts. +Sec. +51A-7.501.   Purpose of special provision sign districts. +Sec. +51A-7.502.   Creation of a special provision sign district. +Sec. +51A-7.502.1.   Non-premise signs in special provision sign districts. +Sec. +51A-7.503.   Modifications allowed in special provision sign districts. +Sec. +51A-7.504.   Special sign district advisory committee created. +Sec. +51A-7.505.   Permit procedures for special provision sign districts. +Sec. +51A-7.506.   Expiration of special provision sign districts. +Sec. +51A-7.507.   Temporary signs in special provision sign districts. +Division +51A-7.600. Permit Procedures. +Sec. +51A-7.601.   Administration of article by division of building inspection. +Sec. +51A-7.602.   Permits. +Sec. +51A-7.603.   Applications. +Sec. +51A-7.604.   Reserved. +Sec. +51A-7.605.   Extraordinarily significant signs. +Division +51A-7.700. Non-Conformance and Enforcement Procedures. +Sec. +51A-7.701.   Purpose of division. +Sec. +51A-7.702.   Removal and maintenance of certain non-conforming signs. +Sec. +51A-7.703.   Board of adjustment. +Sec. +51A-7.704.   Reserved. +Sec. +51A-7.705.   Determination of noncommercial and primarily political messages. +Sec. +51A-7.706.   Reserved. +Division +51A-7.800. Procedure For Changes and Amendments. +Sec. +51A-7.801.   Authority to amend; submission of proposed amendments to city plan +commission. +Sec. +51A-7.802.   Public hearings provided. +Sec. +51A-7.803.   Three-fourths vote of city council in certain cases. +Division +51A-7.900. Downtown Special Provision Sign District. +Sec. +51A-7.901.   Designation of Downtown Special Provision Sign District. +Sec. +51A-7.901.1.   Designation of subdistricts. +Sec. +51A-7.902.   Purpose. +Sec. +51A-7.903.   Definitions. +Sec. +51A-7.904.   Detached non-premise signs. +Sec. +51A-7.905.   Sign permit requirement. +Sec. +51A-7.906.   General provisions for all signs in the downtown sign district. +SPECIAL PROVISIONS FOR SIGNS WITHIN THE GENERAL CBD, MAIN STREET, CONVENTION +CENTER, +RETAIL, AND DISCOVERY SUBDISTRICTS +Sec. +51A-7.907.   General provisions. +Sec. +51A-7.908.   Videoboard sign. +Sec. +51A-7.909.   Attached non-premise district activity videoboard signs. +Sec. +51A-7.910.   Operational requirements for attached videoboard signs. +Sec. +51A-7.911.   Attached premise signs. +Sec. +51A-7.912.   Detached premise signs. +Sec. +51A-7.913.   Construction barricade signs. +Sec. +51A-7.914.   Banners on streetlight poles. +Sec. +51A-7.915.   Window art displays in vacant buildings. +Sec. +51A-7.916.   Noncommercial message nondiscrimination. +Sec. +51A-7.917.   Activity district changeable message signs. +Sec. +51A-7.918.   Kiosks. +Sec. +51A-7.919.   Movement control signs. +Sec. +51A-7.920.   District identification signs. +Sec. +51A-7.921.   Protective signs. +Sec. +51A-7.922.   Special purpose signs. +Sec. +51A-7.923.   Other temporary signs. +Secs. 51A-7.924 thru 51A-7.929.   Reserved. +Sec. +51A-7.930.   Supergraphic signs. +Sec. +51A-7.931.   Convention center complex accent lighting. +Sec. +51A-7.932.    Akard Station subdistrict. +Division +51A-7.1000. West End Historic Sign District. +Sec. +51A-7.1001.   Designation of West End Historic Sign District. +Sec. +51A-7.1002.   Purpose. +Sec. +51A-7.1003.   Definitions. +Sec. +51A-7.1004.   General requirements for all signs. +Sec. +51A-7.1005.   Attached signs. +Sec. +51A-7.1006.   Detached signs. +Sec. +51A-7.1007.   Special purpose signs. +Sec. +51A-7.1007.1.   Purse Building subdistrict. +Sec. +51A-7.1007.2.   Antioch Church subdistrict. +Sec. +51A-7.1008.   Banners on streetlight poles. +Sec. +51A-7.1009.   Window art displays in vacant buildings. +Sec. +51A-7.1010.   Sign permit requirement. +Sec. +51A-7.1011.   Nondiscrimination between noncommercial messages. +Division +51A-7.1100. Provisions For Uptown Sign District. +Sec. +51A-7.1101.   Designation of Uptown Sign District. +Sec. +51A-7.1102.   Purpose. +Sec. +51A-7.1103.   Definitions. +Sec. +51A-7.1104.   Special provisions for all signs. +Sec. +51A-7.1105.   Special provisions for attached signs. +Sec. +51A-7.1106.   Special provisions for detached signs. +Sec. +51A-7.1107.   Special provisions for non-premise detached signs in the public +right-of-way. +Sec. +51A-7.1108.   Special provisions for special purpose signs. +Sec. +51A-7.1109.   Sign permit requirement. +Division +51A-7.1200. Provisions for Arts District Sign District. +Sec. +51A-7.1201.   Designation of Arts District Sign District. +Sec. +51A-7.1202.   Purpose. +Sec. +51A-7.1203.   Definitions. +Sec. +51A-7.1204.   Arts District sign permit requirement. +Sec. +51A-7.1205.   Special provisions for all signs. +Sec. +51A-7.1205.1.   Operational requirements for signs with digital displays. +Sec. +51A-7.1206.   Public signs. +Sec. +51A-7.1207.   Attached private signs. +Sec. +51A-7.1208.   Detached private signs. +Sec. +51A-7.1209.   Building identification signs. +Sec. +51A-7.1210.   Cultural institution identification sign. +Sec. +51A-7.1211.   Canopy fascia signs. +Sec. +51A-7.1212.   Cultural institution digital signs. +Sec. +51A-7.1213.   Freestanding identification signs. +Sec. +51A-7.1214.   Construction barricade signs. +Sec. +51A-7.1214.1.   Subdistrict A. +Sec. +51A-7.1214.2.   Subdistrict B. +Sec. +51A-7.1214.3.   Subdistrict C. +Sec. +51A-7.1215.   Application of Highway Beautification Acts. +Division +51A-7.1300. Provisions for Deep Ellum/Near East Side Sign District. +Sec. +51A-7.1301.   Designation of sign district. +Sec. +51A-7.1302.   Purpose. +Sec. +51A-7.1303.   Definitions. +Sec. +51A-7.1304.   Sign permit requirements. +Sec. +51A-7.1305.   Special provisions for all signs. +Sec. +51A-7.1306.   Special provisions for attached signs. +Sec. +51A-7.1307.   Special provisions for detached signs. +Sec. +51A-7.1308.   Commercial parking lots. +Division +51A-7.1400. Jefferson Boulevard Sign District. +Sec. +51A-7.1401.   Designation of sign district. +Sec. +51A-7.1402.   Purpose. +Sec. +51A-7.1403.   Definitions. +Sec. +51A-7.1404.   Sign permit requirements. +Sec. +51A-7.1405.   General requirements for all signs. +Sec. +51A-7.1406.   Attached signs. +Sec. +51A-7.1407.   Detached signs. +Division +51A-7.1500. Provisions for Mckinney Avenue Sign District. +Sec. +51A-7.1501.   Designation of sign district. +Sec. +51A-7.1502.   Designation of subdistricts. +Sec. +51A-7.1503.   Purpose. +Sec. +51A-7.1504.   Definitions. +Sec. +51A-7.1505.   Sign permit requirements. +Sec. +51A-7.1506.   Special provisions for all signs. +Sec. +51A-7.1507.   Special provisions for attached signs. +Sec. +51A-7.1508.   Special provisions for detached signs. +Division +51A-7.1600. Farmers Market Sign District. +Sec. +51A-7.1601.   Designation of sign district. +Sec. +51A-7.1601.1.   Designation of sign subdistricts. +Sec. +51A-7.1602.   Purpose. +Sec. +51A-7.1603.   Definitions. +Sec. +51A-7.1604.   Sign permit requirements. +Sec. +51A-7.1605.   Special provisions for all signs. +Sec. +51A-7.1606.   Special provisions for attached signs. +Sec. +51A-7.1607.   Special provisions for detached signs. +Sec. +51A-7.1608.   Special provisions for the Market Center sign subdistrict. +Division +51A-7.1700. Provisions for Victory Sign District. +Sec. +51A-7.1701.   Designation of Victory Sign District. +Sec. +51A-7.1702.   Designation of subdistricts. +Sec. +51A-7.1703.   Purpose. +Sec. +51A-7.1704.   Definitions. +Sec. +51A-7.1705.   Applicability of highway beautification acts. +Sec. +51A-7.1706.   Victory District sign permit requirements. +Sec. +51A-7.1707.   Imitation of traffic and emergency signs prohibited. +Sec. +51A-7.1708.   Other codes not in conflict, applicable. +Sec. +51A-7.1709.   Creation of site. +Sec. +51A-7.1710.   Detached sign unity agreements. +Sec. +51A-7.1711.   General maintenance. +Sec. +51A-7.1712.   Government signs. +Sec. +51A-7.1713.   Signs over the public right-of-way. +Sec. +51A-7.1714.   Commercial versus noncommercial messages. +Sec. +51A-7.1715.   Premise versus non-premise advertisement. +Sec. +51A-7.1716.   Movement control signs. +Sec. +51A-7.1717.   Signs in public places. +Sec. +51A-7.1718.   Protective signs. +Sec. +51A-7.1719.   Vehicular signs. +Sec. +51A-7.1720.   Street construction alleviation signs. +Sec. +51A-7.1721.   Attached signs on machinery or equipment. +Sec. +51A-7.1722.   District identification signs. +Sec. +51A-7.1723.   Detached signs in access easements. +Sec. +51A-7.1724.   Streamers, pennants, and inflatable signs prohibited. +Sec. +51A-7.1725.   General provisions for all signs. +Sec. +51A-7.1726.   Sign regulations for Subdistrict A (the entertainment complex +subdistrict). +Sec. +51A-7.1727.   Sign regulations for Subdistrict B (retail and entertainment +subdistrict). +Sec. +51A-7.1728.   Sign regulations for Subdistrict C (expressway adjacency +subdistrict). +Sec. +51A-7.1729.   Sign regulations for Subdistrict D (office and residential +subdistrict). +Sec. +51A-7.1730.   Non-conformance and board of adjustment authority. +Sec. +51A-7.1731.   Relocation of non-premise signs prohibited. +Division +51A-7.1800. Provisions for Southside Entertainment Sign District. +Sec. +51A-7.1801.   Designation of Southside Entertainment Sign District. +Sec. +51A-7.1802.   Purpose. +Sec. +51A-7.1803.   Definitions. +Sec. +51A-7.1804.   General provisions. +Sec. +51A-7.1805.   Attached signs. +Sec. +51A-7.1806.   Event signs. +Sec. +51A-7.1807.   Window display signs. +Sec. +51A-7.1808.   Detached signs. +Sec. +51A-7.1809.   Construction barricade signs. +Sec. +51A-7.1810.   Movement control signs. +Sec. +51A-7.1811.   Protective signs. +Sec. +51A-7.1812.   Applicability of Highway Beautification Acts. +Division +51A-7.1900. Provisions for West Village Sign District. +Sec. +51A-7.1901.   Designation of West Village Sign District. +Sec. +51A-7.1902.   Designation of subdistricts. +Sec. +51A-7.1903.   Purpose. +Sec. +51A-7.1904.   Definitions. +Sec. +51A-7.1905.   General provisions for all signs. +Sec. +51A-7.1906.   Detached signs. +Sec. +51A-7.1907.   Attached signs. +Sec. +51A-7.1908.   Special provisions for special purpose signs. +Sec. +51A-7.1909.   Special provisions for facade-mounted banner signs. +Sec. +51A-7.1910.   Special provisions for kiosk signs. +Sec. +51A-7.1911.   Special provisions for newsstand signs. +Sec. +51A-7.1912.   Special provisions for signs attached to machinery or equipment. +Sec. +51A-7.1913.   Special provisions for movement control signs. +Sec. +51A-7.1914.   Special provisions for construction barricade signs. +Sec. +51A-7.1915.   Special provisions for other temporary signs. +Sec. +51A-7.1916.   Special provisions for district signs. +Sec. +51A-7.1917.   Special provisions for district identification signs. +Division +51A-7.2000. Provisions for West Commerce Street/Fort Worth Avenue Sign +District. +Sec. +51A-7.2001.   Designation of the West Commerce Street/Fort Worth Avenue Sign +District. +Sec. +51A-7.2002.   Designation of subdistricts. +Sec. +51A-7.2003.   Purpose. +Sec. +51A-7.2004.   Definitions. +Sec. +51A-7.2005.   Sign permit requirements. +Sec. +51A-7.2006.   Provisions applicable to all signs. +Sec. +51A-7.2007.   Attached signs. +Sec. +51A-7.2008.   Detached signs. +Division +51A-7.2100. Provisions for the Arts District Extension Area Sign District. +Sec. +51A-7.2101.   Designation of the Arts District Extension Area Sign District. +Sec. +51A-7.2102.   Purpose. +Sec. +51A-7.2103.   Definitions. +Sec. +51A-7.2104.   Arts District Extension Area sign permit requirement. +Sec. +51A-7.2105.   Special provisions for all signs. +Sec. +51A-7.2106.   Public signs. +Sec. +51A-7.2107.   Attached private signs. +Sec. +51A-7.2108.   Detached private signs. +Sec. +51A-7.2109.   Building identification signs. +Sec. +51A-7.2110.   One Arts Plaza Subdistrict. +Sec. +51A-7.2111.   Two Arts Plaza And Three Arts Plaza Subdistrict. +Sec. +51A-7.2112.   Dallas Black Dance Theatre Subdistrict. +Division +51A-7.2200. Parkland Hospital Sign District. +Sec. +51A-7.2201.   Designation of Parkland Hospital Sign District. +Sec. +51A-7.2202.   Designation of corridors. +Sec. +51A-7.2203.   Purpose. +Sec. +51A-7.2204.   Definitions. +Sec. +51A-7.2205.   Sign permit requirements. +Sec. +51A-7.2206.   Imitation of traffic and emergency signs prohibited. +Sec. +51A-7.2207.   Creation of site. +Sec. +51A-7.2208.   Signs over the public right-of-way. +Sec. +51A-7.2209.   General provisions for all signs. +Sec. +51A-7.2210.   Movement control signs. +Sec. +51A-7.2211.   District identification signs. +Sec. +51A-7.2212.   Banner signs. +Sec. +51A-7.2213.   Branding signs. +Sec. +51A-7.2214.   Donor recognition signs. +Sec. +51A-7.2215.   Streamers, pennants, and inflatable seasonal decorations +prohibited. +Sec. +51A-7.2216.   Attached signs. +Sec. +51A-7.2217.   Window display signs. +Sec. +51A-7.2218.   Kiosk signs. +Sec. +51A-7.2219.   Construction barricade signs. +Sec. +51A-7.2220.   Temporary signs. +Division +51A-7.2300. Southwestern Medical District Sign District. +Sec. +51A-7.2301.   Designation of Southwestern Medical Special Provision Sign +District. +Sec. +51A-7.2302.   Purpose. +Sec. +51A-7.2303.   Definitions and interpretations. +Sec. +51A-7.2304.   Southwestern Medical District identification sign permit +requirements. +Sec. +51A-7.2305.   Imitation of traffic and emergency signs prohibited. +Sec. +51A-7.2306.   Creation of site. +Sec. +51A-7.2307.   Government traffic signs. +Sec. +51A-7.2308.   Signs within and over the public right-of-way. +Sec. +51A-7.2309.   General provisions for all signs. +Sec. +51A-7.2310.   Prohibited signs. +Sec. +51A-7.2311.   Southwestern Medical District identification signs. +Sec. +51A-7.2312.   Banners. +Sec. +51A-7.2313.   Construction barricade signs. +ARTICLE VIII. +PLAT REGULATIONS. +Division +51A-8.100. Title and Purpose. +Sec. +51A-8.101.   Title. +Sec. +51A-8.102.   Policy. +Sec. +51A-8.103.   Purpose. +Sec. +51A-8.104.   Function of commission. +Sec. +51A-8.105.   Jurisdiction. +Division +51A-8.200. Definitions. +Sec. +51A-8.201.   Definitions. +Division +51A-8.300. Reserved. +Division +51A-8.400. Procedures. +Sec. +51A-8.401.   When platting is required. +Sec. +51A-8.402.   Platting of street right-of-way prohibited. +Sec. +51A-8.403.   Platting process. +Sec. +51A-8.404.   Engineering plan approval procedure. +Sec. +51A-8.405.   Apportionment of exactions and park land dedication. +Division +51A-8.500. Subdivision Layout and Design. +Sec. +51A-8.501.   Compliance with zoning. +Sec. +51A-8.502.   Designation of abandoned, franchised, or licensed property. +Sec. +51A-8.503.   Lots. +Sec. +51A-8.504.   Blocks. +Sec. +51A-8.505.   Building lines. +Sec. +51A-8.506.   Street layout. +Sec. +51A-8.507.   Alleys. +Sec. +51A-8.508.   Parks and common areas. +Sec. +51A-8.509.   Fire and police access. +Sec. +51A-8.510.   Community unit development. +Sec. +51A-8.511.   Conservation easement. +Sec. +51A-8.512.   Shared access development. +Division +51A-8.600. Infrastructure Design and Construction. +Sec. +51A-8.601.   General standards. +Sec. +51A-8.602.   Dedications. +Sec. +51A-8.603.   Construction required. +Sec. +51A-8.604.   Street engineering design and construction. +Sec. +51A-8.605.   Sanitation collection access required. +Sec. +51A-8.606.   Sidewalks. +Sec. +51A-8.607.   Median openings, extra lanes, and driveways. +Sec. +51A-8.608.   Street appurtenances. +Sec. +51A-8.609.   Railroad crossings. +Sec. +51A-8.610.   Utilities. +Sec. +51A-8.611.   Storm drainage design. +Sec. +51A-8.612.   Private development contracts. +Sec. +51A-8.613.   Covenant procedures. +Sec. +51A-8.614.   Cost sharing contract. +Sec. +51A-8.615.   Nonstandard materials. +Sec. +51A-8.616.   Reserved. +Sec. +51A-8.617.   Monumentation. +Sec. +51A-8.618.   Traffic barriers. +Sec. +51A-8.619.   Screening walls. +Sec. +51A-8.620.   Retaining walls. +Division +51A-8.700. Administration. +Sec. +51A-8.701.   Nothing deemed submitted until fees paid. +Sec. +51A-8.702.   Early release of building or foundation permit. +Sec. +51A-8.703.   Circumvention of regulations prohibited. +Sec. +51A-8.704.   Utilities. +Sec. +51A-8.705.   Taxes. +Sec. +51A-8.706.   Approvals and agreements in writing. +Sec. +51A-8.707.   Platting in the escarpment zone and in the geologically similar +area. +Sec. +51A-8.708.   Waiver by city council. +ARTICLE IX. +THOROUGHFARES. +Division +51A-9.100. Thoroughfare Plan Amendments. +Sec. +51A-9.101.   Thoroughfare plan defined. +Sec. +51A-9.102.   Thoroughfare plan amendment process. +Division +51A-9.200. Approval of Alignment of Thoroughfares. +Sec. +51A-9.201.   Procedures for establishment of thoroughfare alignment. +Sec. +51A-9.202.   Procedure for approval of state or county thoroughfare +improvements. +Division +51A-9.300. Street Naming and Name Change Process. +Sec. +51A-9.301.   Definitions. +Sec. +51A-9.302.   General provisions. +Sec. +51A-9.303.   Application. +Sec. +51A-9.304.   Standards for street names and street name changes. +Sec. +51A-9.305.   Review of application. +Sec. +51A-9.306.   Hearing before the city plan commission. +Sec. +51A-9.307.   Hearing before the city council. +Sec. +51A-9.308.   Notification of name change. +Sec. +51A-9.309.   Effective date of name change. +Division +51A-9.400. Four-Way/All-Way Stop Controls at Residential Intersections. +Sec. +51A-9.401.   Application. +Sec. +51A-9.402.   Standards of review. +Sec. +51A-9.403.   Appeals. +Division 51A-9.500. Ceremonial Street Naming. +Sec. 51A-9.501.   Purpose. +Sec. 51A-9.502.   General provisions. +Sec. 51A-9.503.   Process. +Sec. 51A-9.504.   Standards for ceremonial street naming. +Sec. 51A-9.505.   Notification of ceremonial street naming. +Sec. 51A-9.506.   Effective date of ceremonial street name and end date. +Sec. 51A-9.507.   Installation and replacement. +ARTICLE X. +LANDSCAPE AND TREE CONSERVATION REGULATIONS. +Division +51A-10.100. In General. +Sec. +51A-10.101.   Definitions. +Sec. +51A-10.102.   Purpose. +Sec. +51A-10.103.   Acceptable plant materials. +Sec. +51A-10.104.   Soil and planting area requirements. +Sec. +51A-10.105.   Measurements. +Sec. +51A-10.106.   Irrigation requirements. +Sec. +51A-10.107.   Reserved. +Sec. +51A-10.108.   General maintenance. +Sec. +51A-10.109.   Landscape and tree manual. +Sec. +51A-10.110.   Special exceptions. +Division +51A-10.120. Landscaping. +Sec. +51A-10.121.   Application of division. +Sec. +51A-10.122.   Artificial lot delineation. +Sec. +51A-10.123.   Landscape plan submission. +Sec. +51A-10.124.   Landscape plan review. +Sec. +51A-10.125.   Mandatory landscaping requirements. +Sec. +51A-10.126.   Landscape design options. +Sec. +51A-10.127.   When landscaping must be completed. +Sec. +51A-10.128.   Enforcement by building official. +Division +51A-10.130. Urban Forest Conservation. +Sec. +51A-10.131.   Application of division. +Sec. +51A-10.131.1.   Intent. +Sec. +51A-10.131.2.   Planned development districts. +Sec. +51A-10.132.   Tree removal applications. +Sec. +51A-10.133.   Historic trees. +Sec. +51A-10.133.1.   Transplanted trees. +Sec. +51A-10.134.   Replacement of removed or seriously injured trees. +Sec. +51A-10.135.   Alternative methods of compliance with tree replacement +requirements. +Sec. +51A-10.136.   Conservation and maintenance of protected trees during +construction or other disturbance. +Sec. +51A-10.137.   Violation of this division. +Sec. +51A-10.138.   Appeals. +Sec. +51A-10.139.   Fines. +Sec. +51A-10.140.   Criminal responsibility, and defenses to prosecution. +ARTICLE XI. +HISTORIC PRESERVATION TAX EXEMPTIONS AND ECONOMIC DEVELOPMENT INCENTIVES FOR +HISTORIC PROPERTIES. +Division +51A-11.100. Purpose and Definitions. +Sec. +51A-11.101.   Purpose and authority. +Sec. +51A-11.102.   Definitions. +Division +51A-11.200. Tax Exemptions for Historic Properties. +Sec. +51A-11.201.   Initial application, completion of rehabilitation, and final +application are all required for tax exemption. +Sec. +51A-11.202.   Penalties for failure to complete a project or failure to obtain +a certificate of occupancy. +Sec. +51A-11.203.   Historic property destruction or alteration. +Sec. +51A-11.204.   Tax exemptions in the urban historic districts. +Sec. +51A-11.205.   Tax exemptions in endangered and revitalizing historic districts. +Sec. +51A-11.206.   Tax exemptions in historic districts other than urban historic +districts, endangered historic districts, and revitalizing historic districts. +Sec. +51A-11.207.   Tax exemption for historic properties open to the public and +owned by non-profit organizations. +Sec. +51A-11.208.   Citywide tax exemption. +Division +51A-11.300. Other Incentives for Historic Preservation in Urban Historic +Districts. +Sec. +51A-11.301.   Historic conservation easement program. +Sec. +51A-11.302.   Transfer of development rights. +Division +51A-11.400. Sunset Provision and Coordination with Pending Tax Exemptions. +Sec. +51A-11.401.   Sunset provision. +Sec. +51A-11.402.   Coordination with pending tax exemptions. +ARTICLE XII. +GAS DRILLING AND PRODUCTION. +Division +51A-12.100. In General. +Sec. +51A-12.101.   Purpose. +Sec. +51A-12.102.   Definitions. +Sec. +51A-12.103.   Administration. +Sec. +51A-12.104.   SUP requirement and use regulations. +Division II. Gas Drilling. +Sec. +51A-12.201.   Seismic survey permit. +Sec. +51A-12.202.   Gas well permit. +Sec. +51A-12.203.   Insurance and security instruments. +Sec. +51A-12.204.   Operations. +Sec. +51A-12.205.   Abandonment and restoration. +Division III. Regulated Pipelines. +Sec. +51A-12.301.   Pipeline permit. +Sec. +51A-12.302.   Insurance. +Sec. +51A-12.303.   General provisions. +Sec. +51A-12.304.   Emergency response plan and incident reporting. +Sec. +51A-12.305.   Markers. +Sec. +51A-12.306.   One-call system. +Sec. +51A-12.307.   Pipeline information reporting requirements. +Sec. +51A-12.308.   Public education. +Sec. +51A-12.309.   Repairs and maintenance. +Sec. +51A-12.310.   No assumption of responsibility by city. +Sec. +51A-12.311.   Abandoned pipelines. +Division IV. Violations. +Sec. +51A-12.401.    Violations. +ARTICLE XIII. +FORM DISTRICTS. +ARTICLE I. +GENERAL PROVISIONS. +SEC. 51A-1.101.   RESERVED.   +(Ord. 24637) +SEC. 51A-1.102.   APPLICABILITY AND PURPOSE. +   (a)   Applicability. +      (1)   At any time prior to March 1, 1987, an applicant for a change in +zoning district classification or boundary may voluntarily elect to proceed +under either this chapter or Chapter 51. The zoning procedures in this chapter +automatically apply to any request for a change in zoning district +classification or boundary that is formally initiated on or after March 1, +1987. +      (2)   This chapter (and not Chapter 51) automatically applies to: +         (A)   all property that is annexed into the city on or after March 1, +1987; and +         (B)   all property that is rezoned on or after March 1, 1987, if the +request for the change in zoning district classification or boundary was +formally initiated on or after that date. +      (3)   The passage of an ordinance granting or amending a specific use +permit is not considered to be “rezoning” for purposes of this section. +   (b)   Purpose. +      (1)   In general. The regulations in this chapter have been established +in accordance with a comprehensive plan for the purpose of promoting the +health, safety, morals, and general welfare of the city in order to: +         (A)   lessen the congestion in the streets; +         (B)   secure safety from fire, flooding, and other dangers; +         (C)   provide adequate light and air; +         (D)   prevent the overcrowding of land; +         (E)   avoid undue concentration of population; +         (F)   facilitate the adequate provision of transportation, water, +sewage, schools, parks, and other public requirements; +         (G)   promote the character of areas of the city; +         (H)   limit the uses in areas of the city that are peculiarly suitable +for particular uses; +         (I)   conserve the value of buildings; and +         (J)   encourage the most appropriate use of land throughout the city. +      (2)   Compliance with FHAA. The city council intends that this chapter +fully comply with the Federal Fair Housing Amendments Act of 1988 (“FHAA”) and +all other applicable state and federal legislation. Residential use and +district regulations in this chapter are based on the family unit as defined in +Section +51A-2.102. It is the express intent of the city council that all families as +defined herein be treated alike without regard to the handicapped or non- +handicapped status of individual family members, and that this chapter be +construed in a manner consistent with the FHAA and all other applicable state +and federal legislation at all times. (Ord. Nos. 19455; 21044) +SEC. 51A-1.103.   ENFORCEMENT. +   (a)   Criminal prosecution. +      (1)   A person who knowingly violates any provision of this chapter is +guilty of a separate offense for each day or portion of a day during which the +violation is continued. Each offense is punishable by a fine of not more than +$2,000 nor less than $200. The minimum fine established in this paragraph shall +be doubled for the second conviction of the same offense within any 24-month +period and trebled for the third and subsequent convictions of the same offense +within any 24-month period. At no time shall the minimum fine exceed the +maximum fine established in this paragraph. +      (2)   A person is criminally responsible for a violation of this chapter +if: +         (A)   the person knowingly commits the violation or assists in the +commission of the violation; +         (B)   the person owns part or all of the property and knowingly allows +the violation to exist; +         (C)   the person is the agent of the property owner or is an +individual employed by the agent or property owner; is in control of the +property; knowingly allows the violation to exist; and fails to provide the +property owner’s name, street address, and telephone number to code enforcement +officials; or +         (D)   the person is the agent of the property owner or is an +individual employed by the agent or property owner, knowingly allows the +violation to exist, and the citation relates to the construction or development +of the property. +      (3)   A person may not use land or a structure on land located in the +city for other than those uses designated as permitted uses in accordance with +the provisions of this chapter. +      (4)   It is a defense to prosecution under this chapter that a person is +in compliance with an order of the board of adjustment that specifically +authorizes otherwise unlawful conduct. +      (5)   It is a defense to prosecution under this chapter that a use or +structure is nonconforming unless the nonconforming rights attendant to the use +or structure have been lost or terminated under Section +51A-4.704. +   (b)   Civil action. This chapter may be enforced through civil court action +as provided by state law. +   (c)   Utility disconnection. The building official may order city or private +utilities to be disconnected upon failure to comply with this chapter or the +building laws. +   (d)   Enforcement authority. This chapter may be enforced by the building +official or any other representative of the city. (Ord. Nos. 19455; 19963; +20236; 20599; 26286) +SEC. 51A-1.104.   CERTIFICATE OF OCCUPANCY. +   Except as provided in Section 306.1, “Use or Occupancy,” of Chapter 52, +“Administrative Procedures for the Construction Codes,” a person shall not use +or occupy or change the use or occupancy of a building, a portion of a +building, or land without obtaining a certificate of occupancy from the +building official in compliance with Section 306, “Certificate of Occupancy,” +of Chapter 52, “Administrative Procedures for the Construction Codes,” of the +Dallas City Code. (Ord. Nos. 19455; 21735; 22204; 24439; 26579; 29023) +SEC. 51A-1.104.1.   APPLICATIONS. +   (a)   Except conservation district applications and neighborhood +stabilization overlay applications, when submitting an application, the +applicant must submit proof, such as a tax certificate, that property taxes and +any city fees, fines, or penalties are not delinquent on the subject property. +Unless such proof is submitted, the application will be considered incomplete +and returned to the applicant. A waiver of this requirement may be granted by a +two-thirds vote of the city council if: +      (1)   a waiver will facilitate urban redevelopment, historic +conservation, or an important planning objective; +      (2)   a pending sale of the property is contingent on the zoning +application, and the applicant can supply evidence, such as a contract of sale, +that the taxes and any city fees, fines, or penalties will be paid at closing; +or +      (3)   the applicant can demonstrate financial hardship that makes payment +of taxes impossible, and approval of a waiver will improve the applicant’s +ability to pay the taxes and any city fees, fines, or penalties. +   (b)   A waiver application form may be obtained from the department. The +waiver application form and waiver application fee must be filed with the city +secretary. +   (c)   Consideration of a waiver application under this procedure is not a +consideration of the merits of the zoning application, and does not imply that +the zoning application will be approved or disapproved when considered on its +merits. (Ord. Nos. 21633; 25047; 26536; 28073) +SEC. 51A-1.105.   FEES. +   (a)   Fees for zoning and SUP amendments and renewals. +      (1)   An application will not be processed until the fee has been paid. +      (2)   The applicant shall pay the filing fee to the director. The +director shall deposit fees received in the official city depository not later +than the next business day following receipt of the fees. +      (3)   With respect to an application for automatic renewal of an SUP, if +no public hearings are held in conjunction with the renewal, the city +controller shall refund the appropriate portion of the fee as specified in this +subsection. In all other respects, the refund of all or part of an application +fee is controlled by Section +51A-4.701(f). +      (4)   Fee schedule. +Type of Application Application Fee Area of Notification for Hearing +Type of Application Application Fee Area of Notification for + Hearing +Amendment to planned +development district or $2,610.00 + $1,000.00 per +institutional overlay regulation type being 500 feet +district site plan and/or amended +conditions only +All other applications +relating to planned +development districts, +including the creation of +subdistricts, or +institutional overlay +districts: +   0-5 acres $5,820.00 + $1,000.00 per 500 feet + regulation type + $5,820.00 +$250.00 per each +   over 5 acres acre over 5 and $1,000.00 500 feet + per regulation type +   Maximum fee $50,000.00 +Applications for straight +form districts, planned +form districts, and +parking management overlay +districts: +   0-1 acre $1,050.00 200 feet +over 1 acre to 5 acres $2,610.00 300 feet +   over 5 acres to 15 $5,820.00 400 feet +acres +   over 15 acres to 25 $5,820.00 + $113.00 per 400 feet +acres each acre over 15 +   over 25 acres $6,950.00 + $113.00 per 500 feet + each acre over 25 +   Maximum fee $30,000.00 +Applications for height +map overlay districts and $1,170.00 200 feet +shopfront overlay +districts +All applications relating +to neighborhood +stabilization overlay +districts and accessory +dwelling unit overlays: +   0-1 acre $500.00 200 feet +   over 1 acre to 5 acre$1,200.00 200 feet +   over 5 acres to 25 $2,400.00 200 feet +acres +   over 25 acres $2,400.00 200 feet +All applications relating +to conservation districts +   0-1 acre $500.00 200 feet +   over 1 acre to 5 acre$1,200.00 200 feet +   over 5 acres to 25 $2,400.00 200 feet +acres +   over 25 acres $2,400.00 200 feet +Application for original +SUP: +   0-1 acre $1,170.00 200 feet +   over 1 acre to 5 acre$1,170.00 300 feet +   over 5 acres to 25 $1,170.00 400 feet +acres +   over 25 acres $1,170.00 500 feet +   pedestrian skybridge $10,000.00 See 51A-4.217(b)(12) +   gas drilling and $2,000.00 1,000 feet +production +Application for SUP +amendment or renewal: +   0-1 acre $825.00* 200 feet +   over 1 acre to 5 acre$825.00* 300 feet +   over 5 acres to 25 $825.00* 400 feet +acres +   over 25 acres $825.00* 500 feet +*If an SUP is automatically renewed in accordance with the procedures outlined +in Section +51A-4.219 and no public hearings are held in conjunction with its renewal, the +applicant shall be entitled to a refund of $350.00 as of the date of the +renewal. +Straight zoning and all +other zoning applications: +   0-1 acre $1,050.00 200 feet +   over 1 acre to 5 acre$2,610.00 300 feet +over 5 acres to 15 acres $5,820.00 400 feet +   over 15 acres to 25 $9,315.00 400 feet +acres +   over 25 acres $9,315.00 + $113.00 per 500 feet + each acre over 25 +   Maximum fee $37,500.00 +  +      (5)   An applicant shall pay a fee of $400.00 for an appeal to the city +council of any decision of the city plan commission denying a zoning +application described in Paragraph (4) of this subsection. +   (b)   Fees for board of adjustment applications. +      (1)   An application will not be processed until the fee has been paid. +      (2)   The applicant shall pay the filing fee to the building official. +The building official shall deposit fees received in the official city +depository not later than the next business day following receipt of the fees. +      (3)   The city controller shall refund 75 percent of the filing fee to +the applicant if the applicant withdraws the application prior to the case +being advertised for hearing. After the case is advertised, no refund of the +filing fee may be made. +      (4)   Fee schedule. +Type of Application Application Fee +Type of Application Application Fee +Single family variance $600.00 +Single family special exception $600.00 +Multifamily or nonresidential variance $900.00 + $25 per acre +Multifamily or nonresidential special $1,200.00 + $25 per acre +exception +Landscaping or tree mitigation special $1,200.00 + $50 per acre +exception +Variance and special exception to off- $900.00 + $100 per parking space +street parking requirements variance or special exception requested +Compliance request for a nonconforming $1,000 +use +All other non-sign appeals $900.00 +Sign special exceptions $1,200.00 +All other sign appeals $900.00 +  +      (5)   The applicant shall pay a separate filing fee for each type of +variance requested. The maximum fee for all variances on one building site +heard at one public hearing is $10,000.00. +      (6)   The board may waive the filing fee if the board finds that payment +of the fee would result in substantial financial hardship to the applicant. The +applicant may either pay the fee and request reimbursement at the hearing on +the matter or request that the issue of financial hardship be placed on the +board’s miscellaneous docket for predetermination. If the issue is placed on +the miscellaneous docket, the applicant may not file the application until the +merits of the request for waiver have been determined by the board. In making +this determination, the board may require the production of financial +documents. Notwithstanding the above, the board may waive the fee for a request +to establish a compliance date under Section +51A-4.704(a)(1) only if: +         (A)   the applicant is a corporeal person for whom payment of the fee +would result in substantial financial hardship; or +         (B)   a written request for a fee waiver is signed by the owners, as +evidenced by the last approved city tax roll, of 20 percent or more of real +property within 200 feet, including streets and alleys, of the boundary of the +lot containing the nonconforming use. +   (c)   Fees for fill permits for removal of a flood plain designation. +      (1)   An application will not be processed until the fee has been paid. +      (2)   The applicant shall pay a filing fee to the director of water +utilities. The director of water utilities shall deposit fees received in the +official city depository not later than the next business day following receipt +of the fees. +      (3)   No refund of a fee may be made. +      (4)   Fee schedule. +  +Type of Application Application Fee Area of Notification for + Hearing +Fill permit for land within the +Trinity River or Elm Fork flood $8,150.00 500 feet +plains +Fill permit for land within the $1,436.00 +interior drainage areas +Fill permit in all other $8,150.00 500 feet +applications +Single family $8,150.00 500 feet +  +   (d)   Fees for extraordinarily significant sign designation. +      (1)   An application will not be processed until the fee has been paid. +      (2)   The applicant shall pay the filing fee to the director. The +director shall deposit fees received in the official city depository not later +than the next business day following receipt of the fees. +      (3)   No refund of a fee may be made. +      (4)   Fee schedule. +  +Type of Application Application Fee Area of Notification for + Hearing +Designation of an existing sign +as an extraordinarily $600.00 200 feet +significant sign +  +   (e)   Fees for creating or amending a voluntary deed restriction. +      (1)   An application will not be processed until the fee has been paid. +      (2)   The applicant shall pay the filing fee to the director. The +director shall deposit fees received in the official city depository not later +than the next business day following receipt of the fees. +      (3)   The controller shall refund 35 percent of the filing fee to the +applicant if the application is not forwarded to council after a public hearing +by the commission. +      (4)   If a deed restriction amendment is submitted as part of an +application for a change in a zoning district classification or boundary, the +fee outlined in this subsection is not required. +      (5)   Fee schedule. +  +Type of Application Application Fee +Creation of a voluntary deed restriction where the city is a $350.00 +party +Amendment to a voluntary deed restriction where the city is a $900.00 +party +  +   (f)   Fees for notification signs. +      (1)   An application will not be processed until the fee for notification +signs has been paid. +      (2)   The applicant shall pay the fee to the director. The director shall +deposit fees received in the official city depository not later than the next +business day following receipt of the fees. +      (3)   No refund of a fee may be made. +      (4)   There is no fee for a sign required under Section +51A-1.106(a)(4). The fee for all other notification signs required under +Section +51A-1.106 is $10 for each sign. +   (g)   Fees for inspection of infrastructure improvements constructed under +private development contracts. +      (1)   An inspection of infrastructure improvements constructed under a +private development contract, as required under Section +51A-8.612, will not be performed until the fee has been paid. +      (2)   The owner of the property to be platted under a private development +contract shall pay the inspection fee to the building official. The building +official shall deposit fees received in the official city depository not later +than the next business day following receipt of the fees. +      (3)   Fee schedule. +  +Type of Inspection Inspection Fee +The value of the proposed improvement $500.00 +is $25,000 or less +The value of the proposed improvement $500.00, plus $0.02 multiplied by the +is from $25,001 to $100,000 value of the improvement in excess of + $25,001 +The value of the proposed improvement $2,000.00, plus $0.01 multiplied by the +is 100,001 or more value of the improvements in excess of + $100,001 +  +   (h)   Fees for letters of zoning verification. +      (1)   A letter of zoning verification will not be processed until the fee +for the letter has been paid. +      (2)   The applicant shall pay the fee to the director. The director shall +deposit fees received in the official city depository not later than the next +business day following receipt of the fees. +      (3)   No refund of a fee may be made. +      (4)   The standard fee for a letter of zoning verification is $90 per +letter. A minimum processing time of seven days is required after payment of +the standard fee. If expedited processing is requested, a surcharge must be +paid in accordance with the following schedule: +  +Processing Time Surcharge +1 day $25.00 +2-3 days $20.00 +4-5 days $15.00 +6 days $10.00 +  +      (5)   A request for a letter of zoning verification must be made in +writing. The maximum area for which a letter of zoning verification may be +requested is one city block. If the area for which zoning verification is +requested cannot be clearly defined by lot and block number, the applicant must +furnish a plat with the request. +   (i)   Fees for development impact review. +      (1)   An application will not be processed until the fee has been paid. +      (2)   The applicant shall pay the filing fee to the building official. +The building official shall deposit fees received in the official city +depository not later than the next business day following receipt of the fees. +      (3)   No refund of a fee may be made. +      (4)   The fee for a site plan review required under Section +51A-4.803 is $50.00. +      (5)   An applicant shall pay a fee of $300.00 for an appeal to the city +plan commission of a decision of the director denying a development impact +review or residential adjacency review application, as described in this +chapter. +   (j)   Fees for thoroughfare plan amendments. +      (1)   An application will not be processed until the fee has been paid. +      (2)   The applicant shall pay the filing fee to the director of +development services. The director of development services shall deposit fees +received in the official city depository not later than the next business day +following receipt of the fees. +      (3)   No refund of a fee may be made. +      (4)   Fee schedule for thoroughfare plan amendment: +  +Length of Roadway Application Fee +0-.25 miles $5,325.00 +Longer than .25 miles $5,325.00 plus $.87 per linear foot +  +   (k)   Fees for miscellaneous items. +      (1)   An application will not be processed until the fee has been paid. +      (2)   The applicant shall pay the filing fee to the director. The +director shall deposit fees received in the official city depository not later +than the next business day following receipt of the fees. +      (3)   Fee schedule. +Type of Application Application Fee Area of Notification for Hearing +Type of Application Application Fee Area of Notification for + Hearing +Minor plan amendment $825.00 +Appeal of the decision of +the director to city plan +commission or the decision +of the city plan $300.00 +commission to the city +council for a minor plan +amendment +Detailed development plan +when submitted after +passage of an ordinance $600.00 for each submission +establishing a planned +development district +Waiver of the two year +waiting period under $300.00 +Section +51A-4.701(d)(3) +Extension of the +development schedule under $75.00 +Section +51A-4.702(g)(3) +Waiver of the requirement +of proof that taxes, fees, +fines, and penalties are $200.00 +not delinquent under +Section +51A-1.104.1 +Appeal to the city council +of a moratorium on a $300.00 +zoning or nonzoning matter +handled by the department +Request for a letter from +the department explaining +the availability of water $200.00 +services for a development +site +Request for a letter from +the department explaining +the availability of $200.00 +wastewater services for a +development site. +Request for performance of +a wastewater capacity +analysis on an existing +wastewater line to $2,500.00 +determine its capacity for +a proposed development or +land use +Appeal of an apportionment +determination to the city $600.00 +plan commission +Appeal an apportionment +determination decision of $600.00 +the city plan commission +to the city council +Appeal a decision of the +landmark $300.00 +commission on a +predesignation certificate +of appropriateness, +certificate of +appropriateness, or $300.00 +certificate for demolition +or removal to the city +plan commission regarding +a single family use or a +handicapped group dwelling +unit use +Appeal a decision of the +landmark commission on a +predesignation certificate +of appropriateness, +certificate of $700.00 +appropriateness, or +certificate for demolition +or removal to the city +plan commission regarding +any other use +Request for a sidewalk +width waiver under Section $300.00 +51A-4.124(a)(8)(C)(v) +Request for an +administrative parking $375.00 and $25 per space +reduction under Section over 10 spaces +51A-4.313 +Note: The director shall also send notification of minor plan amendments to the +city plan commission members, any known neighborhoods associations covering the +property, and persons on the early notification list at least 10 days prior to +the city plan commission meeting. +  +   (l)   Fees for a street name change and for a ceremonial street naming. +      (1)   The following fees are required for a street name change. +         (A)   A street name change fee must be paid to the director before an +application will be processed. +         (B)   A fee for new street identification signs must be paid to the +director of development services within 60 days of the approval of a street +name change by the city council. +         (C)   A fee for change of official address records must be paid to the +building official within 60 days of the approval of a street name change by the +city council. +         (D)   Fee schedule. +  +(i) Application Fee. Amount + If the street is less than one-fourth $1,500.00 + mile + If the street is less than one-half + mile but more than or equal to one- $2,100.00 + fourth mile + If the street is less than one mile + but more than or equal to one-half $2,700.00 + mile + If the street is more than or equal $2,700.00 for first mile plus $600.00 + to one mile for each additional one-fourth mile. +  +  +(ii) Street Identification Sign Fee. Amount + For each blade to be replaced $113.00 + For each mast arm to be replaced $233.00 + To be determined based upon Texas + For Texas Department of Transportati on Department of Transportati on cost + signs to be replaced calculation at the time of + installation. +  +  +(iii) Change of Official Address Fee. Amount + For each address change up to 10 $150.00 + $1,500.00 for the first ten address + For more than 10 address changes changes plus $113.00 per hour of service + required for additional address changes. +  +         (E)   No fee is required for street name change applications filed by +the governmental entities listed in Section 51A-1.105.1. +      (2)   The following fee is required for a ceremonial street naming. +         (A)   A ceremonial street naming fee must be paid to the director +before an application will be processed. +         (B)   Fee schedule. +  +Application Fee Amount +If the street is less than one-fourth $750.00 +mile +If the street is less than one-half mile +but more than or equal to one-fourth $1,050.00 +mile +If the street is less than one mile but $1,350.00 +more than or equal to one-half mile +If the street is more than or equal to $1,350.00 for first mile plus $300.00 +one mile for each additional one-fourth mile. +  +         (C)   Additional fees may be required for production and installation +of ceremonial street name toppers. +         (D)   No fee is required for a ceremonial street naming application +filed by the governmental entities listed in Section 51A-1.105.1. +   (m)   Fees for special parking and mechanized parking. +      (1)   An application will not be processed until the fee has been paid. +      (2)   The applicant shall pay the filing fee to the director. The +director shall deposit fees received in the official city depository not later +than the next business day following receipt of the fees. +      (3)   Fee schedule. +  +Type of Application Application + Fee +Application for special or mechanized parking involving 50 special or +mechanized parking spaces or fewer (including fee for special or mechanized $375.00 +parking license, if applicable) +Application for special or mechanized parking involving more than 50 special +or mechanized parking spaces – additional fee for each special or mechanized $12.50 +parking space over 50 +Application for renewal of special or mechanized parking license $375.00 +  +   (n)   Fees for platting, replatting, and other related fees. +      (1)   Terms used in this subsection are defined in Articles II and VIII +of this chapter. +      (2)   An application will not be processed until the fee has been paid. +The applicant shall pay the filing fee to the director. The director shall +deposit fees received in the official city depository not later than the next +business day following receipt of the fees. +      (3)   It might be necessary to submit a plat for review and approval more +than once. There is a separate fee for submission of a preliminary plat and +submission of a final plat (except there is no fee for a final minor plat or a +final amending plat (minor)). Fees for each revised submission are indicated in +the fee schedule below. The fee for submission of a final plat for a phase is +calculated as if the phase was a freestanding plat. The submission fee for an +amending plat (major) is calculated as for a preliminary plat. The addition of +up to 10 percent of the area of a previously submitted preliminary plat is +considered a revision; if more area than that is added, the revised plat is +considered a new preliminary plat. +      (4)   Fee schedule. +  +Type of Application Application Fee +Preliminary plat, amending plat $1,548 plus: (a) $17 per lot if no lot +(major), or final plat containing 20 exceeds 3 acres; or (b) $70 per acre if +lots or fewer any lot exceeds 3 acres +Preliminary plat, amending plat $2,193 plus: (a) $17 per lot if no lot +(major), or final plat containing more exceeds 3 acres; or (b) $70 per acre if +than 20 lots any lot exceeds 3 acres; no fee for a + final minor plat + $2,664 plus (a) $26 per lot if no lot +Minor plat submitted as a final plat exceeds 3 acres; or (b) $140 per acre + if any lot exceeds 3 acres +Amending plat (minor), vacation of $323; no fee for a final amending plat +plat, or certificate of correction (minor) +Each revised submission of a one half of the original fee schedule +preliminary plat, amending plat (major in effect at the time revision is +or minor), minor plat, or final plat submitted +that has not been recorded +Maximum charge, not including fees +charged under Subsection (6), for a +preliminary plat, amending plat (major $19,350 each type of plat +or minor), minor plat, or a final plat, +and all revised submissions +  +      (5)   The subdivision administrator may waive the fee required if it is +determined that a subsequent plat submission is necessary due to an error or +omission by the city in the review of an earlier plat submission. +      (6)   An applicant who submits engineering plans shall pay to the +director of development services: +         (A)   $1,500 for the initial submission of engineering plans; +         (B)   no fee for the applicant's submission of the first modification +of the initial submission of engineering plans if it includes only those +modifications required in response to comments and requirements made by the +department of development services after reviewing the initial submission; and +         (C)   $500 for each subsequent submission. +      (7)   The city controller shall refund 35 percent of the filing fee to +the applicant if the applicant withdraws the application prior to the case +being posted for hearing. After the case is posted, the applicant may withdraw +the plat but the city controller will not refund any part of the filing fee. If +the applicant withdraws the application in writing prior to the hearing date, +the applicant may request that the filing fee be credited to a subsequent +application for the same property if it is submitted within one year of the +withdrawal date. +   (o)   Fee for amendment to +Article VII, “Sign Regulations.” +      (1)   An application will not be processed until the fee has been paid. +      (2)   The applicant shall pay the fee to the director. The director shall +deposit fees received in the official city depository not later than the next +business day following receipt of the fees. +      (3)   No refund of a fee may be made. +      (4)   Fee schedule. +  +Type of Application Application Fee +Amendment to create a special provision sign district $5,600 +All other amendments, supplementations, or changes to $1,100 +Article VII, “Sign Regulations” +  +   (p)   Fee for amendment to the Dallas Development Code other than to +Article VII, “Sign Regulations.” +      (1)   An application will not be processed until the fee has been paid. +      (2)   The applicant shall pay the fee to the director. The director shall +deposit fees received in the official city depository not later than the next +business day following receipt of the fees. +      (3)   No refund of a fee may be made. +      (4)   The fee for an application to amend, supplement, or change the +Dallas Development Code, other than +Article VII, “Sign Regulations,” is $6,700. +   (q)   Fees for sign review in special provision sign districts. +      (1)   An application will not be processed until the fee has been paid. +      (2)   The applicant shall pay the fee to the director. The director shall +deposit fees received in the official city depository not later than the next +business day following receipt of the fees. +      (3)   No refund of a fee may be made. +      (4)   Fee schedule. +  +Type of Application Application Fee +Certificate of appropriateness for a sign +in a special provision sign district when +review by the city plan commission is $345 +required under Section +51A-7.505. +Appeal of the decision of the director to +city plan commission for a sign permit in $300 +a special provision sign district +Appeal of the decision of the city plan +commission to the city council for a sign $300 +permit in a special provision sign +district +Sign location permit under Section $5,000 +51A-7.930. +Copy change fee under Section 10 cents per square foot of effective +51A-7.930. area +  +   (r)   Fee for an escarpment permit. +      (1)   An application for an escarpment permit under Section +51A-5.204 of this chapter will not be processed until the fee has been paid. +      (2)   The applicant shall pay the fee to the director. The director shall +deposit fees received in the official city depository not later than the next +business day following receipt of the fees. +      (3)   No refund of a fee may be made. +      (4)   Fee schedule. +  +Type of Application Application Fee +Escarpment permit $1,000.00 +  +   (s)   Fee for tree removal application. +      (1)   An application for a tree removal under Section +51A-10.132 of this chapter will not be processed until the fee has been paid. +      (2)   The applicant shall pay the fee to the director. The director shall +deposit fees received in the official city depository not later than the next +business day following receipt of the fees. +      (3)   No refund of a fee may be made. +      (4)   Fee schedule. +  +Type of Application Application Fee +Tree removal application Cost of tree removal x $.0095, with a + minimum charge of $60.00 for the project +First reinspection of work not +completed, not corrected, or not $60.00 +accessible in initial inspection +Second reinspection of work not +completed, not corrected, or not $90.00 +accessible in prior inspections +Third or subsequent reinspection of +work not completed, not corrected, or $120.00 +not accessible in prior inspections +  +   (t)   Fee for municipal setting designation ordinance. +      (1)   An application will not be accepted until the initial filing fee +has been paid. An application will not be placed on a city council agenda until +the additional processing fee has been paid. +      (2)   The applicant shall pay the fees to the director. The director +shall deposit fees received in the official city depository not later than the +next business day following receipt of the fees. +      (3)   No refund of the fees may be made. +      (4)   The initial filing fee for a municipal setting designation +ordinance is $3,903. The director shall not mail notices or advertise the +public metting until the estimated cost of mailing notices and advertising the +public meeting is paid. The director shall not place a municipal setting +designation ordinance on a city council agenda until an additional processing +fee of $8,192 is paid. +      (5)   The city council may, by resolution, waive or reimburse the initial +filing fee when the city council finds that payment of the fee would result in +substantial financial hardship to the applicant. +   (u)   Fees for gas drilling and production. +      (1)   The city may use a qualified third party to conduct any inspections +required by +Article XII. The operator shall pay the city for any fees charged by third +party inspectors within 30 days of receipt of an invoice from the city. +      (2)   Any permit that lapses for nonpayment of the annual permit fee will +be reinstated upon payment of an additional fee of $50.00 for each thirty-day +period during the lapse. +      (3)   Fee schedule. +Type of Application Application Fee +Type of Application Application Fee +Seismic survey permit $150.00 + $3,000.00 for the first well on an operation site and +New gas well permit $1,000 for each additional well on that same + operation site +Amended permit $600.00 +Reworking fee $800.00 +Operator transfer $600.00 +Annual fee (per well) $1,000.00 +Regulated pipeline permit $1,500.00 +  +   (v)   Fee for the city’s review and consent to the creation of or amendment +to a municipal utility district or any other district created under Article 16, +Section 59 of the Texas Constitution. +      (1)   The fee shall be paid to the director when the application is +filed. An application will not be processed until the fee has been paid. +      (2)   The director shall deposit fees in the official city depository not +later than the next business day following receipt of the fees. +      (3)   No refund of a fee may be made. +      (4)   Fee schedule. +  +Type of Application Application + Fee +City’s review and consent to the creation of or amendment to a municipal +utility district or any other district created under Article 16, Section $3,825.00 +59 of the Texas Constitution +  +   (w)   Fees for annexation, disannexation, boundary adjustment agreement, and +waiver of extraterritorial jurisdiction applications. +      (1)   The fee shall be paid to the director when the application is +filed. An application will not be processed until the fee has been paid. +      (2)   The director shall deposit fees received in the official city +depository not later than the next business day following receipt of the fees. +      (3)   No refund of a fee may be made. +      (4)   If an annexation, disannexation, boundary adjustment agreement, or +waiver of extraterritorial jurisdiction is initiated by the city, no fee is +required. +      (5)   Fee schedule. +  +Type of Application Application Fee +All applications relating to annexation, disannexation, +boundary adjustment agreements, and waiver of extraterritorial $3,825.00 +jurisdiction +  +   (x)   Fee and permit for accessory occasional sales (garage sales). +      (1)   An application for an occasional sale permit will not be processed +until the fee has been paid. +      (2)   The applicant shall pay the fee to the director of code compliance. +The director of code compliance shall deposit fees received in the official +city depository not later than the next business day following receipt of the +fees. +      (3)   No refund of a fee may be made. +      (4)   There is no fee for the first occasional sale permit in each 12 +month period. The fee for the second occasional sale permit in a 12 month +period is $25.00. +      (5)   A person may not operate an occasional sale without a valid permit +issued by the director of code compliance. Only the owner or lessee of the +property where the occasional sale is being conducted may obtain a permit. The +applicant shall provide proof (driver’s license, utility bills, or other proof) +that the applicant is the owner or lessee of the property. +      (6)   The application for an occasional sale permit must be on a form +provided by the director and must contain the dates, location, hours of +operation of the occasional sale, and any other information that may be +reasonably required by the director of code compliance. +      (7)   The director of code compliance shall deny the application for an +occasional sale permit if the director of code compliance determines that: +         (A)   the applicant has not paid the required fee; +         (B)   the applicant made a false statement of material fact in the +application; +         (C)   the applicant has been given two or more citations for violating +the provisions of this subsection or Section +51A-4.217(b)(9) within 12 months before submitting an application; or +         (D)   the occasional sale would not meet the requirements of this +subsection or of Section +51A-4.217(b)(9). +      (8)   The applicant may appeal the denial of an application for an +occasional sale permit to the permit and license appeal board in accordance +with Section +2-96 of the Dallas City Code. +      (9)   By making an application for an occasional sale permit, accepting +the permit, and conducting the sale, the permit holder authorizes any code +enforcement officer to enter the property to determine that the occasional sale +is being conducted in compliance with this chapter. +      (10)   Permits are only valid for the dates specified on the application. +If inclement weather prevents the occasional sale, the director of code +compliance may, in his sole discretion, issue a replacement permit at no cost +to the applicant. The applicant must request the replacement permit within one +week after the date of the cancelled occasional sale. No more than one +replacement permit shall be issued per calendar year per address. +   (y)   Fees for property description review. +      (1)   An application will not be processed until the fee has been paid. +      (2)   The applicant shall pay the fee to the director. The director shall +deposit fees received in the official city depository not later than the next +business day following receipt of the fees. +      (3)   A fee is required for each review. +      (4)   No refund of a fee may be made. +      (5)   Fee schedule: +  +Type of Property Description Application Fee +Platted $12.50 +Metes and bounds less than four pages $25.00 +Metes and bounds four pages and more $50.00 +  +   (z)   Fee-in-lieu for park land dedication and park development fees. + ��    (1)   The developer shall pay the filing fee to the building official. +The building official shall deposit fees received in the official city +depository not later than the next business day following receipt of the fees. +      (2)   Fee schedule for park land dedication fee-in-lieu. +  +Type of Development Fee-in-lieu +Single family or duplex $762.00 per dwelling unit +Multifamily (one bedroom) $299.00 +Multifamily (two or more bedrooms) $600.00 +College dormitory, fraternity, or sorority house $299.00 per sleeping room +Hotel and motel $327.00 per guest room +  +      (3)   Park development fees. +  +Type of Development Park land development fee +Single family or duplex $403.00 per dwelling unit +Multifamily (one bedroom) $158.00 +Multifamily (two or more bedrooms) $317.00 +College dormitory, fraternity, or sorority house $158.00 per sleeping room +Hotel and motel $173.00 per guest room +  +   (aa)   Fees for landmark commission applications. +      (1)   An application will not be processed until the fee has been paid. +      (2)   The applicant shall pay the filing fee to the building official. +The building official shall deposit fees received in the official city +depository not later than the next business day following receipt of the fees. +      (3)   The city controller shall refund 75 percent of the filing fee to +the applicant if the applicant withdraws the application prior to the case +being advertised for hearing. After the case is advertised, no refund of the +filing fee may be made. +      (4)   Fee schedule. +  +Type of Application Application Fee +Certificate of appropriateness for new construction $500 +Certificate for demolition or removal $400 +Certificate of appropriateness/certificate of demolition or $600 +removal for unauthorized work +  +      (5)   The applicant shall pay a single filing fee for each certificate of +appropriateness or certificate for demolition or removal requested. +      (6)   The landmark commission may waive the filing fee if the landmark +commission finds that payment of the fee would result in substantial financial +hardship to the applicant. The applicant may request that the issue of +financial hardship be placed on the landmark commission's miscellaneous docket +for predetermination. If the issue is placed on the miscellaneous docket, the +applicant may not file the application until the merits of the request for +waiver have been determined by the landmark commission. In making this +determination, the landmark commission may require the production of financial +documents. +(Ord. Nos. 19455; 19557; 19832; 20037; 20073; 20093; 20132; 20612; 20920; +20926; 20927; 21431; 21553; 21751; 22004; 22026; 22206; 22392; 22738; 22920; +24051; 24542; 24843; 25047; 25048; 25384; 26001; 26161; 26529; 26530; 26536; +26730; 26920; 27069; 27430; 27495; 27587; 27695; 27697; 27893; 28021; 28073; +28096; 28272; 28424; 28553; 28803; 29128; 29228; 29024; 30215; 30808 ; 30931; +30934; 30993; 30994; 31040; 31657; 32002; 32003; 32556) +SEC. 51A-1.105.1.   FEE EXEMPTIONS AND REFUNDS. +   (a)   No fee is required for applications filed under this chapter by the +U.S. Government, the State of Texas, or the city of Dallas if the property that +is the subject of the application is devoted exclusively to governmental use. +   (b)   No fee is required for applications made to the board of adjustment +pursuant to Section +51A-1.107, requesting a special exception to a regulation in this chapter based +on a handicap. +   (c)   Whenever affordable housing units are provided as a part of a project +in accordance with Division +51A-4.900, the director shall authorize a refund of a percentage of the total +zoning and platting application fees paid for the project equal to the +percentage of standard affordable housing units provided in the project. (Ord. +Nos. 20037; 21176; 21183; 21663; 28096) +SEC. 51A-1.106.   NOTIFICATION SIGNS REQUIRED TO BE OBTAINED AND POSTED. +   (a)   In general. +      (1)   The notification signs required in this section are intended to +supplement state law and other Dallas Development Code notice requirements. +      (2)   The city plan commission, landmark commission, board of adjustment, +or city council shall determine if an applicant has complied with the +notification sign posting requirements in this section. +   (b)   Signs required to be obtained from the city. An applicant is +responsible for obtaining the required number of notification signs and posting +them on the property that is the subject of the application. Notification signs +must be obtained from the director or the building official. An application +will not be processed until the fee for the signs has been paid. For purposes +of this section, an applicant is one who makes a request: +      (1)   for a change in a zoning classification or boundary; +      (2)   to the board of adjustment; +      (3)   for a certificate of appropriateness for a sign that is to be +located in a special provision sign district and is either a detached sign or +an attached sign that has more than 100 square feet of effective area; or +      (4)   to the landmark commission for a certificate for demolition or +removal. +   (c)   Number of signs required. A minimum of one notification sign is +required for every 500 feet or less of street frontage, with one additional +notification sign required for each additional 500 feet or less of street +frontage. For tracts without street frontage, a minimum of one notification +sign is required for every five acres or less, with one additional notification +sign required for each additional five acres or less. A maximum of five +notification signs are required. +   (d)   Posting of signs. +      (1)   Except as provided in Subsection +51A-1.106(e), the applicant shall post the required number of notification +signs on the property within 14 days after an application is filed. +      (2)   The signs must remain posted until a final decision is made on the +application. +      (3)   For tracts with street frontage, signs must be evenly spaced over +the length of every street frontage, posted at a prominent location adjacent to +a public street, and be easily visible from the street. For tracts without +street frontage, signs must be evenly posted in prominent locations most +visible to the public. +      (4)   An applicant has complied with the required posting of notification +signs if any lost, stolen, or vandalized notification signs are timely +replaced, and the applicant has made good faith efforts to keep the +notification signs posted in accordance with this section. +   (e)   Failure to comply. +      (1)   If the city plan commission, landmark commission, or board of +adjustment determines that the applicant has failed to comply with the +provisions of this section, it shall take no action on the application other +than to postpone the public hearing for at least four weeks or deny the +applicant’s request, with or without prejudice. +      (2)   If the hearing is postponed, the required notification signs must +be posted within 24 hours after the case is postponed and comply with all other +requirements of this section. +   (f)   Illegal removal of signs. +      (1)   A person commits an offense if he intentionally or knowingly +removes a notification sign that has been posted pursuant to this section. +      (2)   It is a defense to prosecution under this subsection that the sign +was no longer required to be posted pursuant to this section at the time of its +removal. +   (g)   Posting of signs by the director. +      (1)   When the city council or city plan commission authorizes a hearing +on a change in zoning district classification or boundary pursuant to Paragraph +51A-4.701(a)(1), the city council, city plan commission, or landmark commission +authorizes a public hearing to establish or amend a historic overlay district +pursuant to Paragraph +51A-4.501(c)(2), the board of adjustment authorizes a hearing pursuant to +Paragraph +51A-4.703(a)(1), or the city council or an applicant requests that the board of +adjustment consider establishing a compliance date for a nonconforming use +pursuant to Subparagraph +51A-4.704(a)(1), the director shall post the required number of notification +signs on the subject property at least 30 days before the first public hearing +unless the body authorizing a hearing approves a shorter time period for +posting the required notification signs at the time of authorization. +      (2)   If the property owner denies permission for the post of the signs, +the signs may be posted on the nearest public right-of-way. +      (3)   Illegal removal of a notification sign that has been posted +pursuant to this subsection does not require postponement or denial under +Subsection +51A-1.106(e). (Ord. Nos. 19455; 19872; 19963; 20599; 20926; 20949; 21044; +22389; 24542; 26287; 26577; 27184; 29626) +SEC. 51A-1.107.   SPECIAL EXCEPTIONS FOR THE HANDICAPPED. +   (a)   Purpose. It is the express intent of the city council to comply with +the Federal Fair Housing Amendments Act of 1988, and to ensure that all +handicapped persons have equal opportunity to use and enjoy a dwelling. This +section allows a person to seek relief from the enforcement of any regulation +contained in this chapter that would result in illegal discrimination against +the handicapped. +   (b)   General provisions. +      (1)   The board of adjustment shall grant a special exception to any +regulation in this chapter if, after a public hearing, the board finds that the +exception is necessary to afford a handicapped person equal opportunity to use +and enjoy a dwelling. The term “handicapped person” means a person with a +“handicap,” as that term is defined in the Federal Fair Housing Amendments Act +of 1988, as amended. +      (2)   The board may impose reasonable conditions upon the granting of +this special exception consistent with the purpose stated in this section. +      (3)   This section does not authorize the board to grant a change in the +use of a building or structure. (Ord. 21183) +SEC. 51A-1.108.   COMPREHENSIVE PLAN. +   (a)   Adoption. The comprehensive plan was adopted following review by the +department and the city plan commission, and following a hearing at which the +public was given the opportunity to give testimony and present written +evidence. +   (b)   Purpose. The purpose of this comprehensive plan is to promote sound +development of the city and promote the public health, safety, and welfare. The +comprehensive plan is a plan for the long-range development of the city. The +comprehensive plan sets forth policies to govern the future physical +development of the city. The comprehensive plan shall serve as a guide to all +future city council action concerning land use and development regulations, +urban conservation and rehabilitation programs, and expenditures for capital +improvements. +   (c)   Components. The comprehensive plan is composed of the following +components: +      (1)   Vision component. This component expresses the ideas, ideals, and +goals residents have for the future of the city, and includes a vision +illustration showing possible general locations of building blocks or +development patterns. +      (2)   Policy plan. This plan provides the overall policy framework to +guide decisions over time toward achieving the vision. +      (3)   Implementation plan. This plan provides timelines for accomplishing +goals outlined in the vision statement and policy plan. Goals are divided into +the implementation plan, which are long-term projects, and action plans, which +are short-term projects. +      (4)   Monitoring program. This program gives the city and citizens a +framework for tracking progress toward implementation of the vision. +      (5)   Other plans. All other area plans and programmatic plans, as +existing, amended, or created in the future, are incorporated into the +comprehensive plan. +   (d)   Amendment. +      (1)   The vision, policy plan, area plans, and programmatic plans may be +amended if authorized by city council and by following the procedure for city +council authorized amendments as set out in Section +51A-4.701, “Zoning Amendments,” of +Article IV, “Zoning Regulations,” of the Dallas Development Code, as amended. +      (2)   The implementation plan and monitoring program may be amended by +ordinance of the city council. +   (e)   Relation to zoning. The relationship between the comprehensive plan +and development regulations is that the comprehensive plan serves merely as a +guide for rezoning requests rather than as a mandatory restriction on the +city’s authority to regulate land use. The comprehensive plan shall not +constitute zoning regulations or establish zoning district boundaries. The +comprehensive plan does not limit the ability of the city to prepare other +plans, policies, or strategies as required. (Ord. Nos. 26371; 28073) +SEC. 51A-1.109.   APPORTIONMENT OF EXACTIONS. +   (a)   Exactions must be related and proportionate. +      (1)   No exactions may be imposed unless the exactions are: +         (A)   related to the needs created by the property development +project; and +         (B)   roughly proportionate to the impact of the property development +project. +      (2)   No precise mathematical calculation is required, but the city must +make an individualized determination that the required exaction is related both +in nature and extent to the impact of the property development. +   (b)   Request for apportionment determination. Except as provided in this +section, a request for an apportionment determination will not be processed +until the developer submits an application on a form provided by the director +including a complete developer report. +   (c)   Developer report. The developer shall submit a report prepared by a +professional engineer licensed to practice in Texas to the director containing +an analysis of existing municipal infrastructure, including streets capacity +and condition, alleys, street lighting, street signals, water service, +wastewater service, fire hydrants, storm water drainage system, solid waste +collection, and sanitary sewer; an analysis of the need for municipal +infrastructure additions or improvements; and any other information related to +the property development project that the director deems necessary. +   (d)   Waiver. The director may waive the developer report if: +      (1)   The developer will bear the total cost of the exactions, such as +infrastructure improvement necessitated solely by, and internal to, the +property development project. +      (2)   The developer has volunteered to pay a greater proportion of the +costs of the exactions. +      (3)   The director determines that the developer report is unnecessary. +   (e)   Apportionment determination. +      (1)   Within 15 days after submission of the developer report, the +director shall notify the developer that the report is complete or notify the +developer in writing of any deficiencies in the report and of any additional +documentation required. +      (2)   A professional engineer licensed to practice in Texas and retained +by the city shall evaluate the complete developer report and make the +apportionment determination. +      (3)   The apportionment determination is a determination of the +proportion of exactions to be borne by the developer. For example, if the total +cost of the municipal infrastructure additions or improve ments is $10,000, and +the need for the municipal infrastructure additions or improvements is related +to the needs created by the property development project, and the property +development project accounts for 80 percent of the impact on the municipal +infrastructure additions or improvements, then the developer's portion is 80 +percent of the cost of the municipal infrastructure additions or improvements, +or $8,000. +      (4)   The director shall notify the developer of the apportionment +determination within 30 days after deeming the application and developer report +complete, prior to approval of any related zoning district classification or +boundary change, prior to final release of any related plat, or prior to +execution of any related private development contract, whichever is earliest. +      (5)   Cost sharing of municipal infrastructure additions or improvements +between the developer and the city shall be documented in a cost sharing +contract pursuant to Section +51A-8.614. +   (f)   Appeal. +      (1)   No waiver. A developer shall not be required to waive the right of +appeal as a condition for approval of a development project. +      (2)   City plan commission. A developer may appeal the director's +apportionment determination to the city plan commission by filing written +notice with the director within 30 days after the date of the determination. If +an appeal is filed, the city plan commission shall hear the appeal within 60 +days after the date of its filing. The director shall forward to the city plan +commission the complete record of the matter being appealed, including the +developer report, if any, and the apportionment determination. The city plan +commission shall hold a public hearing where the developer and director may +present evidence and testimony under procedures adopted by the city plan +commission. The developer shall have the burden of proof at the public hearing. +The city plan commission shall have the same authority as the director and may +affirm, in whole or in part, modify the apportionment determination, or remand +the apportionment determination back to the director for further consideration. +In reviewing the apportionment determination, the city plan commission shall +use the standard in Subsection (a). The city plan commission shall make its +determination within 30 days after the hearing. +      (3)   City council. A developer may appeal the city plan commission's +decision to the city council by filing a written notice with the director +within 30 days after the date of the city plan commission's decision. If an +appeal is filed, the city council shall hear the appeal within 60 days after +the date of its filing. The director shall forward to the city council the +complete record of the matter being appealed, including the developer report, +if any, the apportionment determination, and the record of the city plan +commission hearing. City council shall hold a public hearing where the +developer and the director may present evidence and testimony under procedures +adopted by city council. The developer shall have the burden of proof at the +public hearing. The city council shall have the same authority as the director +and may affirm, in whole or in part, modify the apportionment determination, or +remand the apportionment determination back to the director for further +consideration. In reviewing the apportionment determination, the city council +shall use the standard in Subsection (a). The city council shall make its +determination within 30 days after the hearing. +      (4)   County or district court. A developer may appeal the city council's +decision to a county or district court of the county where the development +project is located within 30 days after the date of the city council's final +determination. The sole issue on appeal is whether the city council erred in +its review of the city plan commission determination. (Ord. Nos. 26530; 31358) +ARTICLE II. +INTERPRETATIONS AND DEFINITIONS. +SEC. 51A-2.101.   INTERPRETATIONS. +Unless the context clearly indicates otherwise, the following rules apply in +interpreting this chapter: +   (1)   Words used in the present tense include the future tense. +   (2)   Words in the singular include the plural, and words in the plural +include the singular. +   (3)   The word “building” includes the word “structure”, and the word +“structure” includes the word “building.” +   (4)   The word “lot” includes the words “building site,” “site,” “plot” or +“tract.” +   (5)   The word “shall” is mandatory and not discretionary. +   (6)   If there is a conflict: +      (A)   the text of this chapter controls over the charts or any other +graphic display in this chapter; +      (B)   the use regulations (Division +51A-4.200) control over the district regulations (Division +51A-4.100, et seq.) in this chapter; and +      (C)   the text, charts, or other graphic display in +Article XIII control over the text, charts, or other graphic display in other +articles of this chapter. (Ord. Nos. 19455; 27495) +SEC. 51A-2.102.   DEFINITIONS. +   In this chapter, unless the context requires otherwise: +   (1)   “A” DISTRICT means the agricultural district established under Chapter +51. +   (2)   “A(A)” DISTRICT means the agricultural district established under this +chapter. +   (2.1)   ACCESSORY STRUCTURE means a structure located on the same lot as the +main building that is subordinate in floor area, location, and purpose to the +main building and used for a permitted accessory use. +   (3)   ACCESSORY USES means those uses defined in Section +51A-4.217. +   (4)   AGRICULTURAL DISTRICT means the A(A) district established under this +chapter. +   (5)   AGRICULTURAL USES means those uses defined in Section +51A-4.201. +   (6)   AIRPORT HAZARD means any structure, tree, sign, vehicle or use of land +which obstructs the airspace required for the flight of aircraft in landing or +taking off at an airport, or is otherwise hazardous to the landing or taking +off of aircraft. +   (7)   ALLEY means a right-of-way which provides secondary access to adjacent +property. +   (7.1)   ARTERIAL means a street designated as either a principal or minor +arterial in the city’s thoroughfare plan. +   (8)   BASEMENT means any level of a building where more than one half of the +vertical distance between floor and ceiling is below grade. +   (8.1)   BATHROOM means a room used for personal hygiene and containing a +shower or bathtub, a toilet, and a sink. +   (9)   BEDROOM means any room or area in a dwelling unit designed for +sleeping. Kitchens, dining rooms, living rooms, bathrooms, closets, game rooms, +sunrooms, and other similar rooms are not considered bedrooms. +   (9.1)   BICYCLE PARKING means Class I bicycle parking and Class II bicycle +parking. +   (10)    BLOCK means an area bounded by streets on all sides. +   (10.1)   BLOCKFACE means: +      (A)   the distance along one side of a street between the two nearest +intersecting streets; +      (B)   where a street deadends, the distance along one side of a street +between the nearest intersecting street and the end of the deadend street; or +       (C)   where a street centerline contains a change of direction 90 +degrees or more, the distance along one side of a street between either the +nearest intersecting street or the deadend and the point determining the angle +of the change of direction. +   (11)   BOARD means the board of adjustment. +   (11.1)   BREEZEWAY means an unenclosed passage connecting two buildings or +portions of a building. +   (12)   BUILDING means a structure for the support or shelter of any use or +occupancy. +   (13)   BUILDING LINE means a line marking the minimum distance a building +may be erected from a street, alley, or lot line. (Also called the “setback +line.”) +   (14)   BUILDING OFFICIAL means the person designated by the city manager as +the building official of the city, or the building official’s authorized +representative. +   (15)   BUILDING SITE means property that meets the requirements of Section +51A-4.601. +   (16)   “CA-1” DISTRICT means the CA-1 district established under Chapter 51. +   (17)   “CA-1(A)” DISTRICT means the CA-1(A) district established under this +chapter. +   (18)   “CA-2” DISTRICT means the CA-2 district established under Chapter 51. +   (19)   “CA-2(A)” DISTRICT means the CA-2(A) district established under this +chapter. +   (20)   CENTER LINE means a line running midway between the bounding right- +of-way lines of a street or alley. Where the bounding right-of-way lines are +irregular, the center line shall be determined by the director of public works. +   (21)   CENTRAL AREA DISTRICTS means the CA-1(A) and CA-2(A) districts +established under this chapter. +   (22)   CENTRAL BUSINESS DISTRICT means the area of the city within Woodall +Rodgers Freeway, Central Expressway (elevated bypass), R. L. Thornton Freeway, +and Stemmons Freeway. +   (23)   CITY COUNCIL means the governing body of the city. +   (23.1)   CLASS I BICYCLE PARKING means unenclosed parking spaces intended +for bicycles where one or both wheels and the frame of a bicycle can be secured +to a rack with a user-supplied lock. +   (23.2)   CLASS II BICYCLE PARKING means enclosed parking spaces intended for +bicycles within a building or structure designed for increased security from +theft and vandalism, such as locked bicycle storage rooms, bicycle check-in +systems, and bicycle lockers. +   (23.3)   COLLECTOR means a street designated as either a community or +residential collector in the city’s thoroughfare plan. +   (24)   COMMERCIAL AND BUSINESS SERVICE USES means those uses defined in +Section +51A-4.202. +   (25)   COMMISSION or CITY PLAN COMMISSION means the city plan and zoning +commission. +   (26)   COVERAGE means the percentage of lot area covered by a roof, floor, +or other structure, except that roof eaves up to 24 inches and other ordinary +building projections up to 12 inches are excluded. +   (27)   DENSITY means the ratio of dwelling units to lot area. +   (28)   DEPARTMENT means the department of development services. The +department of development services was formerly named the department of +sustainable development and construction, the department of planning and +development, the department of urban design, and the city plan department. Any +reference to these departments is a reference to the department of development +services. +   (29)   “D” DISTRICT means the duplex district established under Chapter 51. +   (30)   “D(A)” DISTRICT means the duplex district established under this +chapter. +   (31)   DIR means “development impact review” (See Division +51A-4.800). +   (32)   DIRECTOR means the director of the department of sustainable +development and construction or the director's representative. +   (33)   DUPLEX DISTRICT means the D(A) district established under this +chapter. +   (34)   DWELLING UNIT means one or more rooms designed to be a single +housekeeping unit to accommodate one family and containing one or more +kitchens, one or more bathrooms, and one or more bedrooms. +   (35)   EAVES means the lowest border of a roof, including any overhang. +   (35.1)   EXACTION means, for purposes of Section +51A-1.109 and Texas Local Government Code Section 212.904, dedications, fees, +or construction costs for municipal infrastructure additions or improvements +that the city requires a developer to bear a portion of as a condition for +approval of a property development project. +   (36)   FAMILY means individuals living together as a single housekeeping +unit in which not more than four individuals are unrelated to the head of the +household by blood, marriage, or adoption. +   (37)   FENCE means a structure that provides a physical barrier. +   (38)   FLOOR AREA means the total square feet of floor space in a building +measured to the outside faces of exterior walls or to the omitted wall lines, +whichever produces the larger area, excluding the following: +      (A)   Area used solely for off-street parking. +      (B)   Area between an omitted wall line and the structural wall when the +area is used solely for foot or vehicular traffic or landscaping. +      (C)   Area of a private balcony that is not accessible to the public and +does not provide a means of ingress or egress. +      (D)   Area of a breezeway or an unenclosed stairway located within the +first three stories, excluding any basement, of a residential use. +   (39)   FLOOR AREA RATIO means the ratio of floor area to lot area. (Note: A +1:1 FAR is stated as “1.0,” 2:1 is stated as “2.0,” 2.5:1 is stated as “2.5,” +etc.) +   (39.1)   FORM DISTRICTS means the RTN, WMU- 3, WMU-5, WMU-8, WMU-12, WMU-20, +WMU-40, WR-3, WR-5, WR-8, WR-12, WR-20, and WR-40 districts and the planned +form districts established under +Article XIII of this chapter. +   (40)   FRONTAGE means the length of property along one side of a street +between property or lease boundary lines. +   (41)   FRONT YARD means that portion of a lot which abuts a street and +extends across the width of the lot between the street and the setback line. +   (41.1)   GARBAGE means solid waste consisting of putrescible animal and +vegetable waste materials resulting from the handling, preparation, cooking, +and consumption of food. This includes such waste materials from markets and +storage facilities where handling or sale of produce and other food products is +conducted. +   (42)   “GO” DISTRICTS means the general office matrix districts established +under Chapter 51. +   (43)   “GO(A)” DISTRICT means the general office district established under +this chapter. +   (44)   “GR” DISTRICT means the general retail district established under +Chapter 51. +   (45)   GRADE means the average of the finished ground surface elevations +measured at the highest and lowest exterior corners of a structure. For +purposes of this definition, FINISHED GROUND SURFACE ELEVATION means the ground +surface elevation of the building site before any construction or the ground +surface elevation as altered in accordance with grading plans approved by the +building official. Finished ground surface elevation does not include: +      (A)   fill material not necessary to make the site developable; +      (B)   berms; or +      (C)   landscape features. +   (45.1)   HAZARDOUS WASTE means solid waste identified or listed as hazardous +waste by the administrator of the United States Environmental Protection Agency +under the Federal Solid Waste Disposal Act, as amended by the Resource +Conservation and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et +seq.). +   (46)   “HC” DISTRICT means the heavy commercial district established under +Chapter 51. +   (47)   HEIGHT means the vertical distance measured from grade to: +      (A)   for a structure with a gable, hip, or gambrel roof, the midpoint of +the vertical dimension between the lowest eaves and the highest ridge of the +structure; +      (B)   for a structure with a dome roof, the midpoint of the vertical +dimension of the dome; and +      (C)   for any other structure, the highest point of the structure. +   (47.1)   Reserved. +   (Repealed by Ord. 20478). +   (48)   Reserved. +   (Repealed by Ord. 24163). +   (48.1)   HUD-CODE MANUFACTURED HOME means a structure, constructed on or +after June 15, 1976, according to the rules of the United States Department of +Housing and Urban Development, transportable in one or more sections, which, in +the traveling mode, is eight body feet or more in width or 40 body feet or more +in length, or, when erected on site, is 320 or more square feet, and which is +built on a permanent chassis and designed to be used as a dwelling with or +without a permanent foundation when connected to the required utilities, and +includes the plumbing, heating, air-conditioning, and electrical systems. +   (49)   “I-1” DISTRICT means the I-1 district established under Chapter 51. +   (50)   “I-2” DISTRICT means the I-2 district established under Chapter 51. +   (51)   “I-3” DISTRICT means the I-3 district established under Chapter 51. +   (52)   INDUSTRIAL DISTRICTS means LI, IR, and IM districts. +   (52.1)   INDUSTRIAL SOLID WASTE means solid waste generated by manufacturing +or industrial processes, excluding mining or oil and gas, that is not hazardous +waste regulated under Subtitle C of the Resource Conservation and Recovery Act +of 1976. Such waste may include, but is not limited to, waste resulting from: +      (A)   Electric power generation. +      (B)   Foundries or the manufacturing of nonferrous metals. +      (C)   Water treatment. +      (D)   The manufacturing of textiles; transportation equipment; plastics; +resins; rubber; miscellaneous plastic products; concrete products; iron; steel; +clay; glass; stone; organic chemicals; inorganic chemicals; leather; leather +products; fertilizers and agricultural chemicals; pulp and paper; food; and +food-related products and by-products. +   (53)   INDUSTRIAL USES means those uses defined in Section +51A-4.203. +   (54)   INNER COURT means an open space bounded on all sides by the walls of +a building. +   (55)   INSTITUTIONAL USES means the post office; community service center; +foster home; child-care facility; halfway house; church; convent or monastery; +cemetery or mausoleum; overnight general purpose shelter; public or private +school; business school; technical school; college, university, or seminary; +college dormitory, fraternity, or sorority house; library, art gallery, or +museum; hospital; and convalescent and nursing homes, hospice care, and related +institutions uses. +   (56)   INSTITUTIONAL AND COMMUNITY SERVICE USES means those uses defined in +Section +51A-4.204. +   (57)   INTERIOR LOT LINE means a lot line not adjacent to a street or alley. +   (57.1)   KITCHEN means any room or area used for cooking or preparing food +and containing one or more ovens, stoves, or cooktops; one or more +refrigerators; and one or more sinks. This definition does not include outdoor +cooking facilities. +   (57.2)   KNOWINGLY means a person acts knowingly, or with knowledge, with +respect to the nature of their conduct or to circumstances surrounding their +conduct when the person is aware of the nature of the conduct or that the +circumstances exist. A person acts knowingly, or with knowledge, with respect +to a result of their conduct when the person is aware that the conduct is +reasonably certain to cause the result. +   (58)   LANDING AREA means the area of an airport used for the landing, take +off or taxiing of aircraft. +   (59)   LANDSCAPE AUTHORITY means: +      (A)   a landscape architect licensed or registered by the state; or +      (B)   a professional horticulturist or nurseryman. +   (60)   “LC” DISTRICT means the light commercial district established under +Chapter 51. +   (61)   LEGAL HEIGHT means the maximum building height allowed under Federal +Aviation Administration regulations or any other ordinance or regulation in +effect, whichever is most restrictive. +   (61.1)   “LI” DISTRICT means the light industrial district established under +this chapter. +   (61.2)   LIGHT SOURCE means a flame or a bulb, mantle, or other device that +produces light. The term “light source” does not include a device or fixture +that serves to cover, direct or control the distribution of light. +   (61.3)   LIMITED ACCESSORY USE means an accessory use that is subject to the +restrictions in Section +51A-4.218 governing limited uses. +   (62)   LIMITED USE means a use restricted under Section +51A-4.218. +   (63)   “LO” DISTRICTS means the limited office matrix districts established +under Chapter 51. +   (64)   “LO-1” DISTRICT means the LO-1 district established under this +chapter. +   (65)   “LO-2” DISTRICT means the LO-2 district established under this +chapter. +   (65.1)   “LO-3” DISTRICT means the LO-3 district established under this +chapter. +   (65.2)   LO(A) DISTRICTS means the LO-1, LO-2, and LO-3 districts +established under this chapter. +   (66)   LODGING USES means those uses defined in Section +51A-4.205. +   (67)   LOT means a building site that fronts on a public or private street, +except that in the case of a planned development district, the building site +may front on an access easement, and in the case of a shared access +development, the building site may front on a shared access area. +   (68)   LOT AREA means the total square feet contained within lot lines. +   (69)   LOT DEPTH means the average distance between the front and rear lot +lines. +   (70)   LOT LINE means a property line bounding a lot, excluding any street +or alley dedicated in fee simple. +   (71)   LOT WIDTH means the distance between side lot lines measured along +the front setback line. +   (72)   MAIN BUILDING means a building on a lot intended for occupancy by the +main use. +   (73)   MAIN USE means those uses defined in Sections +51A-4.201 through 51A-4.216. +   (73.1)   MANUFACTURED HOME means a structure transportable in one or more +sections, which is built on a permanent chassis and which is designed for use +with or without a permanent foundation when connected to the required +utilities. In this chapter, the term “manufactured home” includes, but is not +limited to, HUD-code manufactured homes and mobile homes. +   (73.2)   MANUFACTURED HOME DISTRICT means the MH(A) district established +under this chapter. +   (73.3)   “MC” DISTRICTS means the MC-1, MC-2, MC-3, and MC-4 districts +established under this chapter (also called “multiple commercial districts”). +   (74)   “MF” DISTRICTS means the MF-1, MF-2, MF-3, and MF-4 districts +established under Chapter 51. +   (75)   “MF(A)” DISTRICTS means the MF-1(A), MF-1(SAH), MF-2(A), MF-2(SAH), +MF-3(A), and MF-4(A) districts established under this chapter (also called +“multifamily districts”). +   (76)   “MH” DISTRICT means the manufactured home district established under +Chapter 51. +   (77)   “MH(A)” DISTRICT means the manufactured home district established +under this chapter. +   (77.1)   MINOR ARTERIAL means a street designated as a minor arterial in the +city’s thoroughfare plan. +   (77.2)   MINOR STREET means a street not designated in the city’s +thoroughfare plan. +   (78)   MISCELLANEOUS USES means those uses defined in Section +51A-4.206. +   (79)   MIXED USE DISTRICTS means the MU-1, MU-1(SAH), MU-2, MU-2(SAH), MU-3, +and MU-3(SAH) districts established under this chapter (also called “MU” +districts). +   (80)   “MO” DISTRICTS means the mid-range office matrix districts +established under Chapter 51. +   (81)   “MO-1” DISTRICT means the MO-1 district established under this +chapter. +   (82)   “MO-2” DISTRICT means the MO-2 district established under this +chapter. +   (82.1)   MO(A) DISTRICTS means the MO-1 and MO-2 districts established under +this chapter. +   (83)   MOBILE HOME means a structure that was constructed before June 15, +1976, transportable in one or more sections, which, in the traveling mode, is +eight body feet or more in width or 40 body feet or more in length, or, when +erected on site, is 320 or more square feet, and which is built on a permanent +chassis and designed to be used as a dwelling with or without a permanent +foundation when connected to the required utilities, and includes the plumbing, +heating, air-conditioning, and electrical systems. +   (83.1)   MOBILITY AND STREET SERVICES means public works or transportation. +Any reference to mobility and street services is a reference to public works or +transportation. +   (84)   “MU” DISTRICTS means the MU-1, MU-1(SAH), MU-2, MU-2(SAH), MU-3, and +MU-3(SAH) districts established under this chapter (also called “mixed use +districts”). +   (85)   MULTIFAMILY DISTRICTS means the MF-1(A), MF-1(SAH), MF-2(A), MF-2 +(SAH), MF-3(A), and MF-4(A) districts established under this chapter [also +called “MF(A)” districts]. +   (85.1)   MULTIPLE COMMERCIAL DISTRICTS means the MC-1, MC-2, MC-3, and MC- +4 districts established under this chapter (also called “MC” districts). +   (86)   NET ACRE means an acre of land that does not include public rights- +of-way. +   (87)   “NO” DISTRICTS means the neighborhood office matrix districts +established under Chapter 51. +   (88)   “NO(A)” DISTRICT mean the neighborhood office district established +under this chapter. +   (89)   NONCONFORMING STRUCTURE means a structure which does not conform to +the regulations (other than the use regulations) of this chapter, but which was +lawfully constructed under the regulations in force at the time of +construction. +   (90)   NONCONFORMING USE means a use that does not conform to the use +regulations of this chapter, but was lawfully established under the regulations +in force at the beginning of operation and has been in regular use since that +time. +   (91)   NONRESIDENTIAL DISTRICTS means the office, retail, CS, industrial, +central area, mixed use, multiple commercial, P(A), urban corridor, walkable +urban mixed use, and walkable urban residential districts. +   (92)   NONRESIDENTIAL USE means any main use that is not listed in Section +51A-4.209. +   (93)   “NS” DISTRICT means the neighborhood service district established +under Chapter 51. +   (94)   “NS(A)” DISTRICT means the neighborhood service district established +under this chapter. +   (95)   “O-1” DISTRICT means the O-1 district established under Chapter 51. +   (96)   “O-2” DISTRICT means the O-2 district established under Chapter 51. +   (97)   OCCUPANCY means the purpose for which a building or land is used. +   (98)   OFFICE DISTRICTS means the NO(A), LO-1, LO-2, LO-3, MO-1, MO-2, and +GO(A) districts established under this chapter. +   (99)   OFFICE USES means those uses defined in Section +51A-4.207. +   (99.1)   OFF-STREET PARKING means parking spaces provided for a motor +vehicle that are not located on a public right-of-way or private street. +Off-street parking does not include bicycle parking spaces. +   (100)   OMITTED WALL LINE means a line on the ground determined by a +vertical plane from: +      (A)   the overhang or outermost projection of a structure; or +      (B)   the outer edge of the roof of a structure without walls; or +      (C)   two feet inside the eave line of a structure with roof eaves. +   (101)   OPEN SPACE means an area that is unobstructed to the sky and +contains no structures except for ordinary projections of cornices and eaves. +   (102)   OPENINGS FOR LIGHT OR AIR means any windows, window walls, or glass +panels in an exterior wall of a building, excluding doors used for access. +   (103)   OUTER COURT means an open space bounded on all sides except one by +the walls of a building, and opening upon a street, alley or a permanent open +space. +   (104)   OUTSIDE DISPLAY means the placement of a commodity outside for a +period of time less than 24 hours. +   (105)   “P” DISTRICT means the parking district established under Chapter +51. +   (106)   “P(A)” DISTRICT means the parking district established under this +chapter. +   (107)   PARKING means the standing of a vehicle, whether occupied or not. +Parking does not include the temporary standing of a vehicle when commodities +or passengers are being loaded or unloaded. +   (108)   PARKING DISTRICT means the “P(A)” district established under this +chapter. +   (109)   PARKING BAY WIDTH means the width of one or two rows of parking +stalls and the access aisle between them. +   (110)   PARTY WALL means a wall built on an interior lot line used as a +common support for buildings on both lots. +   (111)   PERSON means any individual, firm, partnership, corporation, +association, or political subdivision. +   (111.1)   PRINCIPAL ARTERIAL means a street designated as a principal +arterial in the city’s thoroughfare plan. +   (112)   PRIVATE STREET means a street or an alley built to the same +specifications as a street or alley dedicated to the public use, whose +ownership has been retained privately. +   (113)  ��QUASI-PUBLIC AGENCY means an institution obtaining more than 51 +percent of its funds from tax revenue. +   (114)   RAR means “residential adjacency review” (See Division +51A-4.800). +   (115)   “R” DISTRICTS means the R-1ac, R-1/2ac, R-16, R-13, R-10, R-7.5, and +R-5 districts established under Chapter 51. +   (116)   “R(A)” DISTRICTS means the R-1ac(A), R-1/2ac(A), R-16(A), R-13(A), +R-10(A), R-7.5(A), and R-5(A) districts established under this chapter (also +called “single family districts”). +   (117)   REAR YARD means that portion of a lot between two side lot lines +that does not abut a street and that extends across the width of the lot +between the rear setback line and the rear lot line. +   (118)   RECREATION USES means those uses defined in Section +51A-4.208. +   (118.1)   REFUSE means waste principally composed of trash and rubbish and +containing no more than 50 percent by weight garbage or 50 percent by weight +moisture, and no more than seven percent by weight noncombustible solids. +   (119)   RESIDENTIAL DISTRICTS means the A(A), R-1ac(A), R-1/2ac(A), R-16(A), +R-13(A), R-10(A), R-7.5(A), R-5(A), D(A), TH-1(A), TH-2(A), TH-3(A), CH, MF-1 +(A), MF-1(SAH), MF-2(A), MF-2(SAH), MF- 3(A), MF-4(A), MH(A), and RTN districts +established under this chapter. +   (120)   RESIDENTIAL PROXIMITY SLOPE means “residential proximity slope” as +defined in Section +51A-4.412. +   (121)   RESIDENTIAL USES means those uses defined in Section +51A-4.209. +   (121.1)   RESIDENTIAL TRANSITION DISTRICT means the RTN district established +under +Article XIII of this chapter. +   (122)   RETAIL AND PERSONAL SERVICE USES means those uses defined in Section +51A-4.210. +   (122.1)   RETAIL DISTRICTS means the NS(A), CR, and RR districts established +under this chapter. +   (123)   RIDGE means the line of intersection at the top between the opposite +slopes or sides of a roof. +   (124)   RIGHT-OF-WAY means an area dedicated to public use for pedestrian +and vehicular movement. +   (125)   RIGHT-OF-WAY LINE means the dividing line between a right-of-way and +an adjacent lot. +   (125.1)   RTN DISTRICT means the residential transition district established +under +Article XIII of this chapter. +   (125.2)   RUBBISH means nonputrescible solid waste, excluding ashes, +consisting of both combustible and noncombustible materials. Combustible +rubbish includes, but is not limited to, paper, rags, cartons, wood, excelsior, +rubber, plastics, non-metal furniture, leaves, and yard trimmings. +Noncombustible rubbish includes glass, crockery, tin cans, aluminum cans, metal +furniture, and similar items or materials which will not burn at ordinary +incinerator temperatures. For purposes of this paragraph, temperatures from +1600 to 1800 degrees Fahrenheit are considered ordinary incinerator +temperatures. +   (126)   “SC” DISTRICT means the shopping center district established under +Chapter 51. +   (127)   SCREENING means a structure that provides a visual barrier. +   (128)   SETBACK LINE means a line marking the minimum distance a building +may be erected from a street, alley, or lot line (also called the “building +line”). +   (128.1)   SHARED ACCESS DEVELOPMENT means a development that meets all of +the requirements of Section +51A-4.411. +   (129)   SIDE YARD means: +      (A)   that portion of a lot extending from the front setback line to the +rear setback line between the side setback line and the side lot line; or +      (B)   that portion of a lot which is between a lot line and a setback +line but is not a front or rear yard. +   (130)   SINGLE FAMILY DISTRICTS means the R-1ac(A), R-1/2ac(A), R-16(A), R- +13(A), R-10(A), R-7.5(A), and R-5(A) districts established under this chapter +(also called “R(A)” districts). +   (131)   SITE AREA means that portion of a building site occupied by a use +and not covered by a building or structure. For purposes of determining +required off-street parking, site area does not include that area occupied by +off-street parking, landscaped areas, and open space not used for storage or +sales. +   (131.1)   SOLID WASTE means garbage; refuse; sludge from waste treatment +plants, water supply treatment plants, and air pollution control facilities; +and other discarded material, including solid, liquid, semisolid, or contained +gaseous material, resulting from industrial, municipal, commercial, mining, and +agricultural operations, and from community and institutional activities. Solid +waste does not include: +      (i)   Solid or dissolved material in domestic sewage, solid or dissolved +material in irrigation return flows, or industrial discharges subject to +regulation by permit issued pursuant to +Chapter 26, Water Code. +      (ii)   Soil, dirt, rock, sand, and other natural or manmade inert solid +materials used to fill land to make it suitable for the construction of surface +improvements. +      (iii)   Waste materials resulting from activities associated with the +exploration, development, or production of oil or gas which are subject to +control by the Texas Railroad Commission. +   (131.2)   SPECIAL WASTE means solid waste from health-care-related +activities which if improperly treated or handled may serve to transmit +infectious disease, and which is comprised of the following: animal waste, bulk +blood and blood products, microbiological waste, pathological waste, and +sharps. +   (132)   STACKING SPACE means a space for one motor vehicle to line up in +while waiting to enter or use a parking lot, garage, drive-in, or drive-through +facility. +   (133)   STORY means that portion of a building between any two successive +floors or between the top floor and the ceiling above it. +   (133.1)   STREET LEVEL means, in a multi-level building, the level having +the floor closest in elevation to the adjacent street; if the floors of two +levels are equally close in elevation to the adjacent street, the level with +the higher elevation is the street level. +   (134)   STREET means a right-of-way which provides primary access to +adjacent property. +   (134.1)   STREET SERVICES means public works. Any reference to street +services is a reference to public works. +   (135)   STRUCTURE means that which is built or constructed, an edifice or +building of any kind, or any piece of work artificially built up or composed of +parts joined together in some definite manner. +   (136)   SUP means “specific use permit” (See Section +51A-4.219). +   (137)   “TH” DISTRICTS means the TH-1, TH-2, TH-3, and TH-4 districts +established under Chapter 51. +   (138)   “TH(A)” DISTRICTS means the TH-1(A), TH-2(A), and TH-3(A) districts +established under this chapter (also called townhouse districts). +   (138.1)   THOROUGHFARE means a street designated in the city’s thoroughfare +plan. +   (139)   TOWNHOUSE DISTRICTS means the TH-1(A), TH-2(A), and TH-3(A) +districts established under this chapter [also called “TH(A)” districts]. +   (139.1)   TRAFFIC ENGINEER means the person designated by the city manager +as the traffic engineer of the city, or the traffic engineer’s authorized +representative. +   (140)   TRANSIENT STAND means a site for the placing and use of a +manufactured home, recreational vehicle, or tent. +   (140.1)   TRANSPARENCY means the total area of window opening, door opening, +or other opening, expressed as a percentage of the total facade area by story. +   (141)   TRANSPORTATION USES means those uses defined in Section +51A-4.211. +   (141.1)   “UC” DISTRICTS means the UC-1, UC-2, and UC-3 districts +established under this chapter (also called “urban corridor districts”). +   (141.2)   URBAN CORRIDOR DISTRICTS means the UC-1, UC-2, and UC-3 districts +established under this chapter (also called “UC” districts). [Note: Section 1 +of Ordinance No. 24718 adds 51A–2.102 (141.2), providing a definition for the +term “street level.” Section 4 of Ordinance No. 24718 adds 51A–2.102(141.2), +providing a definition for the term “urban corridor districts.”] +   (142)   UTILITY AND PUBLIC SERVICE USES means those uses defined in Section +51A-4.212. +   (142.1)   WALKABLE URBAN MIXED USE DISTRICTS means the WMU-3, WMU-5, WMU-8, +WMU-12, WMU-20, and WMU-40 districts established under +Article XIII of this chapter. +   (142.2)   WALKABLE URBAN RESIDENTIAL DISTRICTS means the WR-3, WR-5, WR-8, +WR-12, WR-20, and WR-40 districts established under +Article XIII of this chapter. +   (143)   WHOLESALE, DISTRIBUTION, AND STORAGE USES means those uses defined +in Section +51A-4.213. +   (143.1)   WMU DISTRICTS means the WMU-3, WMU-5, WMU-8, WMU-12, WMU-20, and +WMU-40 districts established under +Article XIII of this chapter (also called “walkable urban mixed use +districts”). +   (143.2)   WR DISTRICTS means the WR-3, WR-5, WR-8, WR-12, WR-20, and WR-40 +districts established under +Article XIII of this chapter (also called “walkable urban residential +districts”). +   (144)   ZONING DISTRICT means a classification assigned to a particular area +of the city within which zoning regulations are uniform. +   (145)   ZONING DISTRICT MAP means the official map upon which the zoning +districts of the city are delineated. (Ord. Nos. 19455; 19786; 19806; 20272; +20360; 20361; 20383; 20411; 20478; 20673; 20902; 20920; 21002; 21186; 21663; +22018; 24163; 24718; 24731; 24843; 25047; 25977; 26286; 26530; 27334; 27495; +27572; 28072; 28073; 28424; 29128; 30239; 30654; 30932; 31607; 32002; 32264) +ARTICLE III. +DECISIONMAKING AND ADMINISTRATIVE BODIES. +SEC. 51A-3.101.   CITY PLAN AND ZONING COMMISSION. +   (a)   Creation; membership; appointment. There is hereby created the city +plan and zoning commission which consists of 15 members. Each city council +member shall appoint one member to the board. The chair shall be appointed by +the mayor and the vice-chair shall be appointed by the city council. Members +serve for two-year terms beginning on October 1 of odd-numbered years and serve +until their successors are appointed and qualified. Members must possess the +same qualifications and are subject to the same disqualifications as members of +the city council. A vacancy occurring during the unexpired term of a member +will be filled in the same manner as the original appointment was made. +   (b)   Quorum and voting. All cases heard by the commission must be heard by +a minimum number equal to a quorum of the membership. A simple majority of the +membership of the commission, less any unfilled vacancies, constitutes a +quorum. Except as otherwise required by state law, the number of votes +necessary to decide a matter is a simple majority of the members present. +   (c)   Powers and duties. The commission has the following powers and duties: +      (1)   To serve as an advisory body to the city council concerning +amendments to the zoning ordinance and the granting or denial of specific use +permits. +      (2)   To administer the provisions of state law, regarding the platting +and recording of subdivisions and additions, and to require the owners and +developers of land who desire to plat or replat land for urban development to: +         (A)   dedicate streets, alleys, parks, easements or other public +places of adequate dimensions; +         (B)   coordinate street layouts and street planning with the city and +with the county, state and federally designated highways; and +         (C)   provide for building setback lines. +      (3)   To consider the character of development or land use contemplated +by proposed platting and zoning of property, and to require off-street parking +and streets and alleys of adequate dimensions. +      (4)   To advise and make recommendations on the comprehensive plan and +its implementation as may be requested by the city council or city manager. +      (5)   To advertise and hold public hearings on zoning or changes in +zoning. +      (6)   To exercise all other responsibilities as may be provided by +applicable law. +   (d)   Meetings, records and rules. +      (1)   All meetings and hearings of the commission must be open to the +public in accordance with the Texas Open Meetings Act, Texas Government Code +Chapter 551. +      (2)   All records of the commission are public records open to inspection +at reasonable times and upon reasonable notice in accordance with the Texas +Public Information Act, Texas Government Code Section 552. +      (3)   The commission shall adopt, subject to approval of city council, +rules, not inconsistent with state law or city ordinances, governing its +proceedings. +   (e)   Effect of decisions. Actions taken or recommendations made by the +commission are not binding upon the city council and the city council may +decide a matter contrary to the recommendations or actions of the commission. +(Ord. Nos. 19455; 21153; 24843; 27892) +SEC. 51A-3.102.   BOARD OF ADJUSTMENT. +   (a)   Creation; membership; appointment. There is hereby created the board +of adjustment which shall consist of 15 members who are residents of the city. +Each city council member shall appoint one member to the board. The chair and +two vice-chairs shall be appointed by the mayor from among the board members. +The city secretary shall divide the board into panels of five members each. A +board member may serve only on the panel to which he or she is assigned. To the +greatest extent practicable, the panels must reflect the geographic and ethnic +diversity of the city. The chair and vice-chairs shall act as presiding +officers of the panels. Members serve for two-year terms beginning on October 1 +of odd-numbered years and shall serve until their successors are appointed and +qualified. A vacancy for the unexpired term of any member will be filled in the +same manner as the original appointment was made. The city council may appoint +six alternate members to the board who serve in the absence of one or more +regular members when requested to do so by the board chair, the presiding +officer of a board panel, or by the city manager. The alternate members serve +for the same period and are subject to removal the same as regular members. The +city council shall fill vacancies occurring in the alternate membership the +same as in the regular membership. +   (b)   Case assignments. The board shall adopt rules for the assignment of +cases to a panel. Only one panel may hear, handle, or render a decision in a +particular case. If a case is dismissed or withdrawn and subsequently refiled +within five years of the date the original case was dismissed or withdrawn, it +must be returned to the panel to which it was originally assigned. +   (c)   Quorum and voting. Cases must be heard by a minimum of 75 percent of +the members of a board panel. The concurring vote of 75 percent of the members +of a panel is necessary to: +      (1)   reverse an order, requirement, decision, or determination of an +administrative official involving the interpretation or enforcement of the +zoning ordinance; +      (2)   decide in favor of an applicant on a matter on which the board is +required to pass under state law, the city charter, or city ordinances; or +      (3)   grant a variance. +   (d)   Powers and duties. The board has the following powers and duties, +which must be exercised in accordance with this chapter: +      (1)   To hear and decide appeals from decisions of administrative +officials made in the enforcement of the zoning ordinance of the city. For +purposes of this section, "administrative official" means that person within a +city department having the final decision-making authority within the +department relative to the zoning enforcement issue. +      (2)   To interpret the intent of the zoning district map when uncertainty +exists because the actual physical features differ from those indicated on the +zoning district map and when the rules set forth in the zoning district +boundary regulations do not apply. +      (3)   To hear and decide special exceptions that are expressly provided +for in this chapter. +      (4)   To bring about the discontinuance of a nonconforming use under a +plan whereby the owner's actual investment in the structure(s) prior to the +time that the use became nonconforming can be amortized within a definite time +period. +      (5)   To hear and decide requests for change of occupancy of a +nonconforming use to another nonconforming use. +      (6)   To hear and decide requests for the enlargement of a nonconforming +use. +      (7)   To hear and decide requests for reconstruction of a nonconforming +structure on the land occupied by the structure when the reconstruction will +not permanently prevent the return of the property to a conforming use and will +not increase the nonconformity. +      (8)   To require the vacation and demolition of a nonconforming structure +that is determined to be obsolete, dangerous, dilapidated, or substandard. +      (9)   To consider on its own motion or upon the request of interested +property owners, the operation or alteration of any use which is a +nonconforming use because of its noncompliance with the environmental +performance standards set forth in this chapter, and to specify the conditions +and standards which must be complied with for continuance of the nonconforming +use. +      (10)   To grant variances from the front yard, side yard, rear yard, lot +width, lot depth, lot coverage, floor area for structures accessory to single +family uses, height, minimum sidewalks, off-street parking or off-street +loading, or landscape regulations provided that: +         (A)   In general. +            (i)   the variance is not contrary to the public interest when, +owing to special conditions, a literal enforcement of this chapter would result +in unnecessary hardship, and so that the spirit of the ordinance will be +observed and substantial justice done; +            (ii)   the variance is necessary to permit development of a +specific parcel of land that differs from other parcels of land by being of +such a restrictive area, shape, or slope that it cannot be developed in a +manner commensurate with the development upon other parcels of land with the +same zoning; and +            (iii)   the variance is not granted to relieve a self-created or +personal hardship, nor for financial reasons only, except as provided in +Subparagraph (B)(i), nor to permit any person a privilege in developing a +parcel of land not permitted by this chapter to other parcels of land with the +same zoning. +         (B)   Structures. In exercising its authority under Subsection (A) +(ii), the board may consider the following as grounds to determine whether +compliance with the ordinance as applied to a structure that is the subject of +the appeal would result in unnecessary hardship: +            (i)   the financial cost of compliance is greater than 50 percent +of the appraised value of the structure as shown on the most recent appraisal +roll certified to the assessor for the municipality under Section 26.01 of the +Texas Tax Code; +            (ii)    compliance would result in a loss to the lot on which the +structure is located of at least 25 percent of the area on which development is +authorized to physically occur; +            (iii)   compliance would result in the structure not being in +compliance with a requirement of a municipal ordinance, building code, or other +requirement; +            (iv)   compliance would result in the unreasonable encroachment on +an adjacent property or easement; or +            (v)   the municipality considers the structure to be a +nonconforming structure. +   (e)   Meetings, records and rules. +      (1)   All meetings and hearings of the board must be open to the public +in accordance with the Texas Open Meetings Act, Chapter 551 of the Texas +Government Code. +      (2)   All records of the board are public records open to inspection at +reasonable times and upon reasonable notice in accordance with the Texas Public +Information Act, Chapter 552 of the Texas Government Code. +      (3)   The board shall adopt, subject to approval of city council, rules, +not inconsistent with state law or city ordinances, governing its proceedings. +   (f)   Effect of decisions. The board’s decision is final unless appealed to +the district court within 10 days in accordance with Chapter 211 of the Texas +Local Government Code. (Ord. Nos. 19455; 20926; 22259; 22605; 24068; 26596; +27335; 27892; 30891; 32170) +SEC. 51A-3.103.   LANDMARK COMMISSION. +   (a)   Creation; membership; appointment. +      (1)   There is hereby created a landmark commission to be composed of 15 +members. Each city council member shall appoint one member to the landmark +commission. The city council may appoint three alternate members to the +landmark commission who serve in the absence of one or more regular members +when requested to do so by the chair or by the city manager. The membership +(including alternate members) must include at least: one real estate developer +with experience in redevelopment of commercial historic properties, one +architect, one historian, one urban planner, one landscape architect, and one +real estate appraiser. All members must have demonstrated experience in +historic preservation and outstanding interest in the historic traditions of +the city and have knowledge and demonstrated experience in the fields of +history, art, architecture, architectural history, urban history, city +planning, urban design, historic real estate development, or historic +preservation. +      (2)   The city council shall solicit for consideration nominees for +appointment to the landmark commission from, but not limited to: the Dallas +County Historical Commission; the Dallas County Heritage Society; the Dallas +chapter of the American Institute of Architects; the Dallas Historical Society; +the Dallas chapter of the American Planning Association; the Dallas chapter of +the American Society of Landscape Architects; the Dallas Bar Association; the +North Texas Chapter of the Appraisal Institute; the city plan commission; +Preservation Dallas; Black Dallas Remembered; the African-American Museum; ACAL +de Mexico; the Dallas Black Chamber of Commerce; the Dallas Hispanic Chamber of +Commerce; the Greater Dallas Asian American Chamber of Commerce; the local +Urban Land Institute Section; the Dallas Real Estate Council; the CCIM +Commercial Real Estate Network; the Board of Realtors; and such other +individuals and organizations experienced in historic preservation. The +membership of the landmark commission must, as nearly as may be practicable, +reflect the racial and ethnic makeup of the city’s population. +      (3)   Each member of the landmark commission shall be appointed for a +two-year term beginning on October 1 of each odd-numbered year. All members +shall serve until their successors are appointed and qualified. A vacancy for +the unexpired term of any member shall be filled in the same manner as the +original appointment was made. Alternate members serve for the same period and +are subject to removal the same as regular members. The city council shall fill +vacancies occurring in the alternate membership in the same manner as full city +council appointments to other boards. The members shall serve without +compensation. The mayor shall appoint the chair and the full council shall +appoint the vice-chair. +      (4)   In addition to the 15 regular members, representatives from the +city plan commission, department of development services, the building +inspection division of the department development services, code compliance +department, the department of planning and urban design, and the park and +recreation department shall sit on the landmark commission as ex officio +members. The ex officio members are not entitled to vote but assist the +landmark commission in various functions. The office of management services +shall provide adequate staff support to the landmark commission and shall +assign a member of the staff to act as the historic preservation officer. +   (b)   Quorum and voting. A quorum exists when there are physically present a +simple majority of the number of members officially appointed to the landmark +commission, regardless of the total number of members actually provided for the +landmark commission, except that a quorum may not be fewer than six members. +Issues are decided by a simple majority of the members present. Each member who +is present and entitled to vote must vote in accordance with +Chapter 8 of the Dallas City Code. +   (c)   Powers and duties. The landmark commission has the following powers +and duties: +      (1)   To thoroughly familiarize itself with the structures, land, areas, +and districts within the city that may be eligible for designation as historic +overlay districts. +      (2)   To create, examine and update the historic preservation plan and +present any modifications to the city plan commission for inclusion in the +comprehensive plan of the city. The historic preservation plan must: +         (A)   identify and catalog places and areas of historical, cultural, +architectural, or archeological value along with factual verification of their +importance and significance; +         (B)   identify criteria to be used in establishment of historic +overlay districts; +         (C)   identify guidelines and review procedures to be used in +determining whether to grant or deny predesignation certificates of +appropriateness, certificates of appropriateness, or certificates for +demolition or removal; +         (D)   formulate a program for private and public action to promote the +preservation of historic structures and districts; +         (E)   suggest sources of funds, including federal, state, municipal, +private, and foundation sources, for preservation and restoration activities +and for acquisitions; and +         (F)   recommend incentives for preservation. +      (3)   To recommend to the city plan commission that certain places and +areas be designated as historic overlay districts. +      (4)   To recommend to the city council that certain places and areas +which cannot be preserved without acquisition, be acquired in fee simple or in +some lesser degree by gift or purchase. +      (5)   To recommend changes in use where conditions exist under which the +required preservation of a property subject to the predesignation moratorium or +a historic structure would cause undue hardship to the owner of the property. +      (6)   To review the application for a building permit for proposed work +and design on a property subject to the predesignation moratorium or a historic +structure and determine whether a predesignation certificate of appropriateness +or a certificate of appropriateness should be issued. +      (7)   To recommend, when appropriate, the amendment to or removal of a +historic overlay district. +      (8)   To review applications for the demolition or removal of a structure +on a property subject to the predesignation moratorium and structures in +historic overlay districts and make recommendations, when appropriate, +concerning the applications to the city council. +      (9)   To annually review the status of properties subject to the +predesignation moratorium, and historic overlay districts and include a report +of the review in the landmark commission minutes. +      (10)   To initiate, when appropriate, the procedure for adopting an +ordinance to establish or amend a historic overlay district. +      (11)   To establish taskforces as needed to make recommendations to the +landmark commission on applications for predesignation certificates of +appropriateness, certificates of appropriateness, and other issues. +      (12)   To identify cases of demolition by neglect and initiate remedial +actions. +      (13)   To establish guidelines for selection of projects for the historic +preservation fund. +   (d)   Meetings, records and rules. +      (1)   The landmark commission shall meet at least once each month, with +additional meetings upon the call of the chair or upon petition of a simple +majority of the landmark commission members. +      (2)   All meetings and hearings of the landmark commission must be open +to the public in accordance with the Texas Open Meetings Act, Texas Government +Code Chapter 551. +      (3)   All records of the landmark commission are public records open to +inspection at reasonable times and upon reasonable notice in accordance with +the Texas Open Records Act, Texas Government Code Chapter 552. +      (4)   The landmark commission shall adopt, subject to approval of city +council, rules, not inconsistent with state law or city ordinances, governing +its proceedings. +   (e)   Effect of decisions. Unless appealed, the determinations of the +landmark commission on predesignation certificates of appropriateness, +certificates of appropriateness, and certificates for demolition or removal are +final. Actions taken or recommendations made by the landmark commission that +are subject to review by the city plan commission or the city council are not +binding on those bodies, and the reviewing body may decide a matter contrary to +recommendations or actions of the landmark commission. (Ord. Nos. 19455; 19499; +20487; 20585; 21153; 21512; 23694; 24163; 25047; 26596; 27892; 28073; 29478; +29645; 29882; 32002) +SEC. 51A-3.104.   RESERVED. +(Ord. 25047) +SEC. 51A-3.105.   BUILDING OFFICIAL. +   (a)   Powers and duties. +      (1)   The building official shall issue permits in accordance with this +chapter. +      (2)   The building official shall issue certificates of occupancy in +accordance with this chapter. +      (3)   The building official has the authority to enforce the provisions +of this chapter. (Ord. 19455) +ARTICLE IV. +ZONING REGULATIONS. +Division 51A-4.100. Establishment of Zoning Districts. +SEC. 51A-4.101.   NEW ZONING DISTRICTS ESTABLISHED. +   (1)   Residential districts. +      (A)   A(A)   Agricultural district. +      (B)   R-1ac(A)   Single family district 1 acre. +      (C)   R-1/2ac(A)   Single family district 1/2 acre. +      (D)   R-16(A)   Single family district 16,000 square feet. +      (E)   R-13(A)   Single family district 13,000 square feet. +      (F)   R-10(A)   Single family district 10,000 square feet. +      (G)   R-7.5(A)   Single family district 7,500 square feet. +      (H)   R-5(A)   Single family district 5,000 square feet. +      (I)   D(A)   Duplex district. +      (J)   TH-1(A)   Townhouse district 1. +      (K)   TH-2(A)   Townhouse district 2. +      (L)   TH-3(A)   Townhouse district 3. +      (M)   CH      Clustered housing district. +      (N)   MF-1(A)   Multifamily district 1. +      (O)   MF-1(SAH)   Multifamily district 1 affordable. +      (P)   MF-2(A)   Multifamily district 2. +      (Q)   MF-2(SAH)   Multifamily district 2 affordable. +      (R)   MF-3(A)   Multifamily district 3. +      (S)   MF-4(A)   Multifamily district 4. +      (T)   MH(A)   Manufactured home district. +   (2)   Office districts. +      (A)   NO(A)   Neighborhood office district. +      (B)   LO-1   Limited office district 1. +      (C)   LO-2   Limited office district 2. +      (D)   LO-3   Limited office district 3. +      (E)   MO-1      Mid-range office district 1. +      (F)   MO-2   Mid-range office district 2. +      (G)   GO(A)   General office district. +   (3)   Retail districts. +      (A)   NS(A)   Neighborhood service district. +      (B)   CR   Community retail district. +      (C)   RR   Regional retail district. +   (4)   Commercial service and industrial districts. +      (A)   CS   Commercial service district. +      (B)   LI   Light industrial district. +      (C)   IR   Industrial / research district. +      (D)   IM   Industrial/ manufacturing district. +   (5)   Central area districts. +      (A)   CA-1(A)   Central area district 1. +      (B)   CA-2(A)   Central area district 2. +   (6)   Mixed use districts. +      (A)   MU-1   Mixed use district 1. +      (B)   MU-1(SAH)   Mixed use district 1 affordable. +      (C)   MU-2   Mixed use district 2. +      (D)   MU-2(SAH)   Mixed use district 2 affordable. +      (E)   MU-3   Mixed use district 3. +      (F)   MU-3(SAH)   Mixed use district 3 affordable. +   (7)   Multiple commercial districts. +      (A)   MC-1   Multiple commercial district 1. +      (B)   MC-2   Multiple commercial district 2. +      (C)   MC-3   Multiple commercial district 3. +      (D)   MC-4   Multiple commercial district 4. +   (8)   Special purpose districts. +      (A)   C   Conservation district. +      (B)   PD   Planned development district. +      (C)   P(A)   Parking district. +   (9)   Overlay districts. +      (A)   AF suffix   Airport flight path overlay district. +      (B)   CP suffix   Core pedestrian precinct overlay district. +      (C)   H suffix   Historic overlay district. +      (D)   ID suffix   Institutional overlay district. +      (E)   D suffix   D liquor control overlay district. +      (F)   D-1 suffix   D-1 liquor control overlay district. +      (G)   SP suffix   Secondary pedestrian precinct overlay district. +      (H)   MD suffix   Modified delta overlay district. +      (I)   NSO suffix   Neighborhood stabilization overlay district. +      (J)   TC suffix   Turtle Creek environmental corridor overlay district. +      (K)   SH suffix   Shopfront overlay. [See +Article XIII.] +      (L)   HM suffix   Height map overlay. [See +Article XIII.] +      (M)   PM suffix   Parking management overlay. +   (10)   Urban corridor districts. +      (A)   UC-1   Urban corridor district 1. +      (B)   UC-2   Urban corridor district 2. +      (C)   UC-3   Urban corridor district 3. +   (11)   Form districts. +      (A)   WMU   Walkable urban mixed use. [See +Article XIII.] +      (B)   WR   Walkable urban residential. [See +Article XIII.] +      (C)   RTN   Residential transition. [See +Article XIII.] +(Ord. Nos. 19455; 19786; 20360; 21663; 24718; 27404; 27495) +SEC. 51A-4.102.   RESERVED. (Ord. 19455) +SEC. 51A-4.103.   ZONING DISTRICT MAP. +   (a)   The boundaries of zoning districts are recorded on the Geographic +Information System (GIS) maintained by the department which is the official +zoning district map of the city. The official zoning district map is made a +part of and incorporated into this chapter. +   (b)   The director shall maintain the zoning district map in the department. +The director shall revise the map to reflect any subsequent zoning district +amendment. +   (c)   In case of any question involving a district designation within the +city, the updated copy of the official zoning district map on file in the +office of the director is presumed correct, and the person challenging the +accuracy of that copy has the burden of presenting the official zoning map, +together with the ordinances amending the map, to prove the inaccuracy of the +updated copy. (Ord. 19455; 20729; 28072) +SEC. 51A-4.104.   ZONING DISTRICT BOUNDARIES. +   (a)   When uncertainty exists as to the boundaries of districts as shown on +the official zoning map, the following rules apply: +      (1)   Boundaries indicated as approximately following the center lines of +streets, highways, or alleys are construed to follow those center lines. +      (2)   Boundaries indicated as approximately following platted lot lines +are construed as following those lot lines. +      (3)   Boundaries indicated as approximately following city limits are +construed as following city limits. +      (4)   Boundaries indicated as following railroad lines are construed as +following the established center line of a railroad right-of-way. If no center +line is established, the boundary is midway between the railroad right-of-way +lines. +      (5)   Boundaries indicated as following shore lines are construed to +follow shore lines. If the shore line changes, the boundaries are construed as +moving with the actual shore line. +      (6)   Boundaries indicated as approximately following the center lines of +streams, rivers, canals, lakes, or other bodies of water are construed to +follow those center lines. The center line is interpreted as being midway +between the shore lines of the body of water. If the center line changes, the +boundaries are construed as moving with the center line. +      (7)   Boundaries indicated as parallel to or extensions of the features +described in Subsections (a)(1) through (a)(6) are construed as being parallel +to or extensions of the features. +      (8)   Boundaries indicated as dividing a lot or tract are construed to be +located as shown on the zoning district map. +   (b)   Distances not specifically indicated on a zoning district map are +determined by the scale of the map. +   (c)   Whenever a street, alley, or other public way is vacated by official +action of the city council, the zoning district line adjoining each side of the +street, alley, or other public way automatically extends to the center line of +the vacated street, alley, or public way. +   (d)   When there is a question as to the boundary of a tract and that +question cannot be resolved by the application of Subsections (a) through (c), +the board of adjustment shall determine the boundary by interpreting the +official zoning district map and ordinances amending the map. +   (e)   When there is a question as to whether or how a tract is zoned and +that question cannot be resolved by the application of this section, the tract +is temporarily classified as an agricultural district, and the tract is subject +to the same regulations as provided for annexed territory temporarily zoned. +(Ord. 19455) +SEC. 51A-4.105.   INTERPRETATION OF DISTRICT REGULATIONS. +   (a)   The following rules apply in interpreting the district regulations: +      (1)   The symbol [L] appearing after a listed use means that the use is +permitted by right as a limited use only. +      (2)   The symbol [SUP] appearing after a listed use means that the use is +permitted by specific use permit only. +      (3)   The symbols [L] and [SUP] appearing together after a listed use +mean that the use is permitted by right as a limited use; otherwise it is +permitted by specific use permit only. +      (4)   The symbol [DIR] appearing after a listed use means that a site +plan must be submitted and approved in accordance with the requirements of +Section +51A-4.803. (“DIR” means “development impact review.” For more information +regarding development impact review generally, see Division +51A-4.800.) +      (5)   The symbol [RAR] appearing after a listed use means that, if the +use has a residential adjacency as defined in Section +51A-4.803, a site plan must be submitted and approved in accordance with the +requirements of that section. (RAR means residential adjacency review. For more +information regarding residential adjacency review generally, see Division +51A-4.800.) +   (b)   If there is a conflict between the text of the district regulations +and the charts or any other graphic display in this chapter, the text of the +district regulations controls. +   (c)   If there is a conflict between the text of the district regulations +and the text of the use regulations (Division +51A-4.100, et seq.), the text of the use regulations controls. (Ord. Nos. +19455; 19786) +SECS. 51A-4.106 THRU 51A-4.109.   RESERVED. +   (Ord. 19455) +Division 51A-4.110. Residential District Regulations. +SEC. 51A-4.111.   AGRICULTURAL [A(A)] DISTRICT. +      (1)   Purpose. There exists in certain fringe areas of the city, land +which is presently used for agricultural purposes and to which urban services +are not yet available. These lands should appropriately continue to be used for +agricultural purposes until needed for urban purposes in conformity with the +orderly growth of the city. The uses permitted in the A(A) district are +intended to accommodate normal farming, ranching, and gardening activities. It +is anticipated that all of the A(A) district area will be changed to other +urban zoning categories as the area within the corporate limits of Dallas +becomes fully developed. Newly annexed territory will be temporarily zoned as +an A(A) district until permanent zoning is established. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Animal production. +            --   Commercial stable. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Mining. [SUP] +            --   Organic compost recycling facility. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP] +         (D)   Institutional and community service uses. +            --   Adult day care facility. [SUP] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [SUP] +            --   Church. +            --   College, university or seminary. +            --   Community service center. [SUP] +            --   Convalescent and nursing homes, hospice care, and related +institutions. [SUP] +            --   Convent or monastery. +            --   Foster home. [SUP] +            --   Hospital. [SUP] +            --   Library, art gallery, or museum. [SUP] +            --   Open-enrollmentcharter school or private school. [SUP] +            --   Public school other than an open-enrollmentcharter school. +[RAR] +         (E)   Lodging uses. +            None permitted. +         (F)   Miscellaneous uses. +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            None permitted. +         (H)   Recreation uses. +            --   Country club with private membership. [SUP] +            --   Private recreation center, club or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity, or sorority house. +            --   Handicapped group dwelling unit. [See  Section +51A-4.209(3.1).] +            --   Single family. +         (J)   Retail and personal service uses. +            --   Animal shelter or clinic without outside run. +            --   Animal shelter or clinic with outside run. [SUP] +            --   Commercial amusement (outside). [SUP] +            --   Drive-in theater. [SUP] +            --   Nursery, garden shop, or plant sales. +         (K)   Transportation uses. +            --   Helistop. [SUP] +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [SUP] +         (L)   Utility and public service uses. +            --   Commercial radio or television transmitting station. [SUP] +            --   Electrical substation. [SUP] +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Refuse transfer station. [SUP] +            --   Sanitary landfill. [SUP] +            --   Sewage treatment plant. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212 (10.1).] +            --   Utility or government installation other than listed. [SUP] +            --   Water treatment plant. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Livestock auction pens or sheds. [SUP] +            --   Recycling drop-off container. [See Section +51A-4.213(11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213(11.3).] +            --   Sand, gravel, or earth sales and storage. [SUP] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory community center (private). +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +         (B)   In this district, the following accessory use is permitted by +SUP only: +            --   Accessory helistop. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217(3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. Minimum front yard is 50 feet. +         (B)   Side and rear yard. +            (i)   Minimum side yard is 20 feet. +            (ii)   Minimum rear yard is: +               (aa)   50 feet for single family structures; and +               (bb)   10 feet for other permitted structures. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. No maximum floor area ratio. +         (E)   Height. Maximum structure height is 24 feet. +         (F)   Lot coverage. +            (i)   Maximum lot coverage is: +               (aa)   10 percent for residential structures; and +               (bb)   25 percent for nonresidential structures. +            (ii)   Aboveground parking structures are included in lot coverage +calculations; surface parking lots and underground parking structures are not. +         (G)   Lot size. +            (i)   Minimum lot area for residential use is three acres. +            (ii)   Repealed by Ord. 20441. +         (H)   Stories. No maximum number of stories. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. None. (Ord. Nos. 19455; 19786; 20384; 20441; +20625; 20950; 21002; 21314; 22255; 24271; 24543; 26920; 32209) +SEC. 51A-4.112.   SINGLE FAMILY DISTRICTS. +   (a)   R-1ac(A) district. +      (1)   Purpose. There exists in certain parts of the city large areas of +single family residential development on estate type lots of one acre or more +in area. This development has been supplied with utilities and other public +services based upon an estate type density. To conserve the character and value +of buildings and building sites existing in these areas and to provide for the +gradual expansion of this residential development in accordance with the need +and a comprehensive plan for various types of residential districts, the R-1ac +(A) district is provided. This district is intended to be composed of single +family dwellings together with public and private schools, churches, and public +park areas to serve the area. The sections designated in the R-1ac(A) districts +are limited in area and are not intended to be subject to major alteration by +future amendment except at the fringe of the districts where minor adjustments +may become appropriate to permit the reasonable development of vacant tracts or +gradual transition from other districts. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]   +         (D)   Institutional and community service uses. +            --   Adult day care facility. [SUP] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [SUP] +            --   Church. +            --   College, university or seminary. [SUP] +            --   Community service center. [SUP] +            --   Convent or monastery. [SUP] +            --   Foster home. [SUP] +            --   Library, art gallery, or museum. [SUP] +            --   Public or private school. [SUP] +         (E)   Lodging uses. +            None permitted. +         (F)   Miscellaneous uses. +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            None permitted. +         (H)   Recreation uses. +            --   Country club with private membership. [SUP] +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   Handicapped group dwelling unit [See Section +51A-4.209(3.1).] +            --   Single family. +         (J)   Retail and personal service uses. +            None permitted. +         (K)   Transportation uses. +            --   Private street or alley. [SUP] +            --   Transit passenger shelter. [See Section +51A-4.211.] +            --   Transit passenger station or transfer center. [SUP] +         (L)   Utility and public service uses. +            --   Electrical substation. [SUP] +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory helistop. +            --   Accessory medical/infectious waste incinerator. +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +         (B)   In this district, the following accessory uses are permitted by +SUP only: +            --   Accessory community center (private). +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. Minimum front yard is 40 feet. +         (B)   Side and rear yard. Minimum side and rear yard is: +            (i)   10 feet for single family structures; and +            (ii)   20 feet for other permitted structures. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. No maximum floor area ratio. +         (E)   Height. Maximum structure height is 36 feet. +         (F)   Lot coverage. +            (i)   Maximum lot coverage is: +               (aa)   40 percent for residential structures; and +               (bb)   25 percent for nonresidential structures. +            (ii)   Surface parking lots and underground parking structures are +not included in lot coverage calculations. +         (G)   Lot size. +            (i)   Minimum lot area for residential use is one acre. +            (ii)   Repealed by Ord. 20441. +            (iii)   Repealed by Ord. 20441. +         (H)   Stories. No maximum number of stories. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. In this district, off-street parking must be provided at or below +ground level. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Electrical service for single family uses. In this district, a +lot for a single family use may be supplied by not more than one electrical +utility service, and metered by not more than one electrical meter. The board +of adjustment may grant a special exception to authorize more than one +electrical utility service and more than one electrical meter on a lot in this +district when, in the opinion of the board, the special exception will: +            (1)   not be contrary to the public interest; +            (2)   not adversely affect neighboring properties; and +            (3)   not be used to conduct a use not permitted in this district. +   (b)   R-1/2ac(A) district. +      (1)   Purpose. There exists in certain parts of the city large areas of +single family residential development on estate type lots of one-half acre or +more in area. This development has been supplied with utilities and other +public services based upon an estate type density. To conserve the character +and value of buildings and building sites existing in these areas and to +provide for the gradual expansion of this residential development in accordance +with the need and a comprehensive plan for various types of residential +districts, the R-1/2ac(A) district is provided. This district is intended to be +composed of single family dwellings together with public and private schools, +churches, and public park areas to serve the area. The sections designated in +the R-1/2ac(A) districts are limited in area and are not intended to be subject +to major alteration by future amendment except at the fringe of the districts +where minor adjustments may become appropriate to permit the reasonable +development of vacant tracts or gradual transition from other districts. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]   +         (D)   Institutional and community service uses. +            --   Adult day care facility. [SUP] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [SUP] +            --   Church. +            --   College, university or seminary. [SUP] +            --   Community service center. [SUP] +            --   Convent or monastery. [SUP] +            --   Foster home. [SUP] +            --   Library, art gallery, or museum. [SUP] +            --   Public or private school. [SUP] +         (E)   Lodging uses. +            None permitted. +         (F)   Miscellaneous uses. +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            None permitted. +         (H)   Recreation uses. +            --   Country club with private membership. [SUP] +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   Handicapped group dwelling unit. [See Section +51A-4.209(3.1).] +            --   Single family. +         (J)   Retail and personal service uses. +            None permitted. +         (K)   Transportation uses. +            --   Private street or alley. [SUP] +            --   Transit passenger shelter. [See Section +51A-4.211.] +            --   Transit passenger station or transfer center. [SUP] +         (L)   Utility and public service uses. +            --   Electrical substation. [SUP] +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212 (10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory helistop. +            --   Accessory medical/infectious waste incinerator. +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +         (B)   In this district, the following accessory uses are permitted by +SUP only: +            --   Accessory community center (private). +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. Minimum front yard is 40 feet. +         (B)   Side and rear yard. Minimum side and rear yard is: +            (i)   10 feet for single family structures; and +            (ii)   20 feet for other permitted structures. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. No maximum floor area ratio. +         (E)   Height. Maximum structure height is 36 feet. +         (F)   Lot coverage. +            (i)   Maximum lot coverage is: +               (aa)   40 percent for residential structures; and +               (bb)   25 percent for nonresidential structures. +            (ii)   Surface parking lots and underground parking structures are +not included in lot coverage calculations. +         (G)   Lot size. +            (i)   Minimum lot area for residential use is one-half acre. +            (ii)   Repealed by Ord. 20441. +            (iii)   Repealed by Ord. 20441. +         (H)   Stories. No maximum number of stories. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. In this district, off-street parking must be provided at or below +ground level. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Electrical service for single family uses. In this district, a +lot for a single family use may be supplied by not more than one electrical +utility service, and metered by not more than one electrical meter. The board +of adjustment may grant a special exception to authorize more than one +electrical utility service and more than one electrical meter on a lot in this +district when, in the opinion of the board, the special exception will: +            (i)   not be contrary to the public interest; +            (ii)   not adversely affect neighboring properties; and +            (iii)   not be used to conduct a use not permitted in this +district. +   (c)   R-16(A) district. +      (1)   Purpose. Single family residential development has taken place on +intermediate sized lots in portions of the city in recent years. In order to +protect and encourage the continued development of intermediate density with +single family residences in appropriate areas of the city, the R-16(A) district +is provided. In addition to single family residences, it is intended that +churches, public and private schools, and public parks necessary to serve and +complement the intermediate density development be permitted. The areas placed +in the R-16(A) district are generally limited in area and are not intended to +be subject to major alteration by future amendment except where changed +conditions might justify the action or where minor adjustments in the boundary +of a district may be appropriate to secure a reasonable development of the +land. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]   +         (D)   Institutional and community service uses. +            --   Adult day care facility. [SUP] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [SUP] +            --   Church. +            --   College, university or seminary. [SUP] +            --   Community service center. [SUP] +            --   Convent or monastery. [SUP] +            --   Foster home. [SUP] +            --   Library, art gallery, or museum. [SUP] +            --   Public or private school. [SUP] +         (E)   Lodging uses. +            None permitted. +         (F)   Miscellaneous uses. +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            None permitted. +         (H)   Recreation uses. +            --   Country club with private membership. [SUP] +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   Handicapped group dwelling unit. [See Section +51A-4.209(3.1).] +            --   Single family. +         (J)   Retail and personal service uses. +            None permitted. +         (K)   Transportation uses. +            --   Private street or alley. [SUP] +            --   Transit passenger shelter. [See Section +51A-4.211.] +            --   Transit passenger station or transfer center. [SUP] +         (L)   Utility and public service uses. +            --   Electrical substation. [SUP] +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212 (10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory helistop. +            --   Accessory medical/infectious waste incinerator. +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +         (B)   In this district, the following accessory uses are permitted by +SUP only: +            --   Accessory community center (private). +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. Minimum front yard is 35 feet. +         (B)   Side and rear yard. +            (i)   Minimum side and rear yard for single family structures is 10 +feet. +            (ii)   Minimum side yard for other permitted structures is 15 feet. +            (iii)   Minimum rear yard for other permitted structures is 20 +feet. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. No maximum floor area ratio. +         (E)   Height. Maximum structure height is 30 feet. +         (F)   Lot coverage. +            (i)   Maximum lot coverage is: +               (aa)   40 percent for residential structures; and +               (bb)   25 percent for nonresidential structures. +            (ii)   Surface parking lots and underground parking structures are +not included in lot coverage calculations. +         (G)   Lot size. +            (i)   Minimum lot area for residential use is 16,000 square feet. +            (ii)   Repealed by Ord. 20441. +            (iii)   Repealed by Ord. 20441. +         (H)   Stories. No maximum number of stories. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. In this district, off-street parking must be provided at or below +ground level. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Electrical service for single family uses. In this district, a +lot for a single family use may be supplied by not more than one electrical +utility service, and metered by not more than one electrical meter. The board +of adjustment may grant a special exception to authorize more than one +electrical utility service and more than one electrical meter on a lot in this +district when, in the opinion of the board, the special exception will: +            (i)   not be contrary to the public interest; +            (ii)   not adversely affect neighboring properties; and +            (iii)   not be used to conduct a use not permitted in this +district. +   (d)   R-13(A) district. +      (1)   Purpose. Single family residential development has taken place on +intermediate sized lots in portions of the city in recent years. In order to +protect and encourage the continued development of intermediate density with +single family residences in appropriate areas of the city, the R-13(A) district +is provided. In addition to single family residences, it is intended that +churches, public and private schools, and public parks necessary to serve and +complement the intermediate density development be permitted. The areas placed +in the R-13(A) district are generally limited in area and are not intended to +be subject to major alteration by future amendment except where changed +conditions might justify the action or where minor adjustments in the boundary +of a district may be appropriate to secure a reasonable development of the +land. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]   +         (D)   Institutional and community service uses. +      ��     --   Adult day care facility. [SUP] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [SUP] +            --   Church. +            --   College, university or seminary. [SUP] +            --   Community service center. [SUP] +            --   Convent or monastery. [SUP] +            --   Foster home. [SUP] +            --   Library, art gallery, or museum. [SUP] +            --   Public or private school. [SUP] +         (E)   Lodging uses. +            None permitted. +         (F)   Miscellaneous uses. +      --   Carnival or circus (temporary). [By special authorization of the +building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            None permitted. +         (H)   Recreation uses. +            --   Country club with private membership. [SUP] +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   Handicapped group dwelling unit. [See Section +51A-4.209(3.1).] +            --   Single family. +         (J)   Retail and personal service uses. +            None permitted. +         (K)   Transportation uses. +            --   Private street or alley. [SUP] +            --   Transit passenger shelter. [See Section +51A-4.211.] +            --   Transit passenger station or transfer center. [SUP] +         (L)   Utility and public service uses. +            --   Electrical substation. [SUP] +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212 (10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory helistop. +            --   Accessory medical/infectious waste incinerator. +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +         (B)   In this district, the following accessory uses are permitted by +SUP only: +            --   Accessory community center (private). +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. Minimum front yard is 30 feet. +         (B)   Side and rear yard. Minimum side and rear yard is: +            (i)   8 feet for single family structures; and +            (ii)   15 feet for other permitted structures. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. No maximum floor area ratio. +         (E)   Height. Maximum structure height is 30 feet. +         (F)   Lot coverage. +            (i)   Maximum lot coverage is: +               (aa)   45 percent for residential structures; and +               (bb)   25 percent for nonresidential structures. +            (ii)   Surface parking lots and underground parking structures are +not included in lot coverage calculations. +         (G)   Lot size. +            (i)   Minimum lot area for residential use is 13,000 square feet. +         (H)   Stories. No maximum number of stories. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. In this district, off-street parking must be provided at or below +ground level. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Electrical service for single family uses. In this district, a +lot for a single family use may be supplied by not more than one electrical +utility service, and metered by not more than one electrical meter. The board +of adjustment may grant a special exception to authorize more than one +electrical utility service and more than one electrical meter on a lot in this +district when, in the opinion of the board, the special exception will: +            (i)   not be contrary to the public interest; +            (ii)   not adversely affect neighboring properties; and +            (iii)   not be used to conduct a use not permitted in this +district. +   (e)   R-10(A) district. +      (1)   Purpose. Single family residential development has taken place on +intermediate sized lots in portions of the city in recent years. In order to +protect and encourage the continued development of intermediate density with +single family residences in appropriate areas of the city, the R-10(A) district +is provided. In addition to single family residences, it is intended that +churches, public and private schools, and public parks necessary to serve and +complement the intermediate density development be permitted. The areas placed +in the R-10(A) district are generally limited in area and are not intended to +be subject to major alteration by future amendment except where changed +conditions might justify the action or where minor adjustments in the boundary +of a district may be appropriate to secure a reasonable development of the +land. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]   +         (D)   Institutional and community service uses. +            --   Adult day care facility. [SUP] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [SUP] +            --   Church. +            --   College, university or seminary. [SUP] +            --   Community service center. [SUP] +            --   Convent or monastery. [SUP] +            --   Foster home. [SUP] +            --   Library, art gallery, or museum. [SUP] +            --   Public or private school. [SUP] +         (E)   Lodging uses. +            None permitted. +         (F)   Miscellaneous uses. +      --   Carnival or circus (temporary). [By special authorization of the +building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            None permitted. +         (H)   Recreation uses. +            --   Country club with private membership. [SUP] +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   Handicapped group dwelling unit. [See Section +51A-4.209(3.1).] +            --   Single family. +         (J)   Retail and personal service uses. +            None permitted. +         (K)   Transportation uses. +            --   Private street or alley. [SUP] +            --   Transit passenger shelter. [See Section +51A-4.211.] +            --   Transit passenger station or transfer center. [SUP] +         (L)   Utility and public service uses. +            --   Electrical substation. [SUP] +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212 (10.1).] +     ��      --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory helistop. +            --   Accessory medical/infectious waste incinerator. +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +         (B)   In this district, the following accessory uses are permitted by +SUP only: +            --   Accessory community center (private). +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. Minimum front yard is 30 feet. +         (B)   Side and rear yard. +            (i)   Minimum side and rear yard for single family structures is +six feet. +            (ii)   Minimum side yard for other permitted structures is 10 feet. +            (iii)   Minimum rear yard for other permitted structures is 15 +feet. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. No maximum floor area ratio. +         (E)   Height. Maximum structure height is 30 feet. +         (F)   Lot coverage. +            (i)   Maximum lot coverage is: +               (aa)   45 percent for residential structures; and +               (bb)   25 percent for nonresidential structures. +            (ii)   Surface parking lots and underground parking structures are +not included in lot coverage calculations. +         (G)   Lot size. +            (i)   Minimum lot area for residential use is 10,000 square feet. +            (ii)   Repealed by Ord. 20441. +            (iii)   Repealed by Ord. 20441. +         (H)   Stories. No maximum number of stories. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. In this district, off-street parking must be provided at or below +ground level. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Electrical service for single family uses. In this district, a +lot for a single family use may be supplied by not more than one electrical +utility service, and metered by not more than one electrical meter. The board +of adjustment may grant a special exception to authorize more than one +electrical utility service and more than one electrical meter on a lot in this +district when, in the opinion of the board, the special exception will: +            (i)   not be contrary to the public interest; +            (ii)   not adversely affect neighboring properties; and +            (iii)   not be used to conduct a use not permitted in this +district. +   (f)   R-7.5(A) district. +      (1)   Purpose. This district comprises a major portion of the existing +single family dwelling development of the city and is considered to be the +proper zoning classification for large areas of the undeveloped land remaining +in the city appropriate for single family dwelling use. This district is +intended to be composed of single family dwellings together with public and +private schools, churches, and public parks essential to create basic +neighborhood units. Limited portions of these neighborhood units may consist of +denser residential zoning classifications which are shown on the zoning +district map or which later may be created by amendments to the map. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]   +         (D)   Institutional and community service uses. +            --   Adult day care facility. [SUP] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [SUP] +            --   Church. +            --   College, university or seminary. [SUP] +            --   Community service center. [SUP] +            --   Convent or monastery. [SUP] +            --   Foster home. [SUP] +            --   Library, art gallery, or museum. [SUP] +            --   Public or private school. [SUP] +         (E)   Lodging uses. +            None permitted. +         (F)   Miscellaneous uses. +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            None permitted. +         (H)   Recreation uses. +            --   Country club with private membership. [SUP] +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   Handicapped group dwelling unit. [See Section +51A-4.209(3.1).] +            --   Single family. +         (J)   Retail and personal service uses. +            None permitted. +         (K)   Transportation uses. +            --   Private street or alley. [SUP] +            --   Transit passenger shelter. [See Section +51A-4.211.] +            --   Transit passenger station or transfer center. [SUP] +         (L)   Utility and public service uses. +            --   Electrical substation. [SUP] +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212 (10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory helistop. +            --   Accessory medical/infectious waste incinerator. +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +         (B)   In this district, the following accessory uses are permitted by +SUP only: +            --   Accessory community center (private). +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. Minimum front yard is 25 feet. +         (B)   Side and rear yard. +            (i)   Minimum side and rear yard for single family structures is +five feet. +            (ii)   Minimum side yard for other permitted structures is 10 feet. +            (iii)   Minimum rear yard for other permitted structures is 15 +feet. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. No maximum floor area ratio. +         (E)   Height. Maximum structure height is 30 feet. +         (F)   Lot coverage. +            (i)   Maximum lot coverage is: +               (aa)   45 percent for residential structures; and +               (bb)   25 percent for nonresidential structures. +            (ii)   Surface parking lots and underground parking structures are +not included in lot coverage calculations. +         (G)   Lot size. +            (i)   Minimum lot area for residential use is 7,500 square feet. +            (ii)   Repealed by Ord. 20441. +            (iii)   Repealed by Ord. 20441. +         (H)   Stories. No maximum number of stories. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. In this district, off-street parking must be provided at or below +ground level. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Electrical service for single family uses. In this district, a +lot for a single family use may be supplied by not more than one electrical +utility service, and metered by not more than one electrical meter. The board +of adjustment may grant a special exception to authorize more than one +electrical utility service and more than one electrical meter on a lot in this +district when, in the opinion of the board, the special exception will: +            (i)   not be contrary to the public interest; +            (ii)   not adversely affect neighboring properties; and +            (iii)   not be used to conduct a use not permitted in this +district. +   (g)   R-5(A) district. +      (1)   Purpose. This classification creates a single family dwelling +district which is appropriate in area requirements for moderate value single +family housing development and which, at the same time, provides a reasonable +standard of light, air, and similar living amenities. It is intended that the +R-5(A) classification be added by amendment in specific areas where higher +density single family residence development is shown to be appropriate because +of existing development and the adequacy of utilities and where redevelopment +of substandard areas at increased single family density is appropriate. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]   +         (D)   Institutional and community service uses. +            --   Adult day care facility. [SUP] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [SUP] +            --   Church. +            --   College, university or seminary. [SUP] +            --   Community service center. [SUP] +            --   Convent or monastery. [SUP] +            --   Foster home. [SUP] +            --   Library, art gallery, or museum. [SUP] +            --   Public or private school. [SUP] +         (E)   Lodging uses. +            None permitted. +         (F)   Miscellaneous uses. +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            None permitted. +         (H)   Recreation uses. +            --   Country club with private membership. [SUP] +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   Handicapped group dwelling unit. [See Section +51A-4.209(3.1).] +            --   Single family. +         (J)   Retail and personal service uses. +            None permitted. +         (K)   Transportation uses. +            --   Private street or alley. [SUP] +            --   Transit passenger shelter. [See Section +51A-4.211.] +            --   Transit passenger station or transfer center. [SUP] +         (L)   Utility and public service uses. +            --   Electrical substation. [SUP] +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory helistop. +            --   Accessory medical/infectious waste incinerator. +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +         (B)   In this district, the following accessory uses are permitted by +SUP only: +            --   Accessory community center (private). +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. Minimum front yard is 20 feet. +         (B)   Side and rear yard. Minimum side and rear yard is: +            (i)   five feet for single family structures; and +            (ii)   10 feet for other permitted structures. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. No maximum floor area ratio. +         (E)   Height. Maximum structure height is 30 feet. +         (F)   Lot coverage. +            (i)   Maximum lot coverage is: +               (aa)   45 percent for residential structures; and +               (bb)   25 percent for nonresidential structures. +            (ii)   Surface parking lots and underground parking structures are +not included in lot coverage calculations. +         (G)   Lot size. +            (i)   Minimum lot area for residential use is 5,000 square feet. +            (ii)   Repealed by Ord. 20441. +            (iii)   Repealed by Ord. 20441. +         (H)   Stories. No maximum number of stories. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. In this district, off-street parking must be provided at or below +ground level. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Electrical service for single family uses. In this district, a +lot for a single family use may be supplied by not more than one electrical +utility service, and metered by not more than one electrical meter. The board +of adjustment may grant a special exception to authorize more than one +electrical utility service and more than one electrical meter on a lot in this +district when, in the opinion of the board, the special exception will: +            (1)   not be contrary to the public interest; +            (2)   not adversely affect neighboring properties; and +            (3)   not be used to conduct a use not permitted in this district. +(Ord. Nos. 19455; 19786; 19808; 20122; 20384; 20441; 20625; 20950; 21002; +21044; 21314; 24543; 26920; 32209) +SEC. 51A-4.113.   DUPLEX [D(A)] DISTRICT. +      (1)   Purpose. Duplex dwellings have long been a recognized form of +housing in the city. In order to provide standards which will protect and +encourage the various types of duplex dwellings existing in the city, a duplex +dwelling district with minimum area requirements is provided. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]   +         (D)   Institutional and community service uses. +            --   Adult day care facility. [SUP] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [SUP] +            --   Church. +            --   College, university or seminary. [SUP] +            --   Community service center [SUP] +            --   Convent or monastery. [SUP] +            --   Foster home. [SUP] +            --   Library, art gallery, or museum. [SUP] +            --   Public or private school. [SUP] +         (E)   Lodging uses. +            None permitted. +         (F)   Miscellaneous uses. +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            None permitted. +         (H)   Recreation uses. +            --   Country club with private membership. [SUP] +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   Duplex. +            --   Handicapped group dwelling unit. [See Section +51A-4.209(3.1).] +            --   Single family. +         (J)   Retail and personal service uses. +            None permitted. +         (K)   Transportation uses. +            --   Private street or alley. [SUP] +            --   Transit passenger shelter. [See Section +51A-4.211.] +            --   Transit passenger station or transfer center. [SUP] +         (L)   Utility and public service uses. +            --   Electrical substation. [SUP] +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory helistop. +            --   Accessory medical/ infectious waste incinerator. +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +         (B)   In this district, the following accessory uses are permitted by +SUP only: +            --   Accessory community center (private). +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. Minimum front yard is 25 feet. +         (B)   Side and rear yard. +            (i)   Minimum side and rear yard for single family structures is +five feet. +            (ii)   Minimum side yard for duplex structures is five feet. +            (iii)   Minimum rear yard for duplex structures is 10 feet. +            (iv)   Minimum side and rear yard for other permitted structures is +10 feet. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. No maximum floor area ratio. +         (E)   Height. Maximum structure height is 36 feet. +         (F)   Lot coverage. +            (i)   Maximum lot coverage is: +               (aa)   60 percent for residential structures; and +               (bb)   25 percent for nonresidential structures. +            (ii)   Surface parking lots and underground parking structures are +not included in lot coverage calculations. +         (G)   Lot size. +            (i)   Minimum lot area for residential use is 6,000 square feet. +            (ii)   Repealed by Ord. 20441. +            (iii)   Repealed by Ord. 20441. +         (H)   Stories. No maximum number of stories. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. In this district, off-street parking must be provided at or below +ground level. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Electrical service for duplex uses. In this district, a lot for +a duplex use may be supplied by not more than one electrical utility service +and metered by not more than two electrical meters. The board of adjustment may +grant a special exception to authorize more than one electrical utility service +and more than two electrical meters on a lot for a duplex use in this district +when, in the opinion of the board, the special exception will: +            (i)   not be contrary to the public interest; +            (ii)   not adversely affect neighboring properties; and +            (iii)   not be used to conduct a use not permitted in this +district. +         (B)   Electrical service for single family uses. In this district, a +lot for a single family use may be supplied by not more than one electrical +utility service, and metered by not more than one electrical meter. The board +of adjustment may grant a special exception to authorize more than one +electrical utility service and more than one electrical meter on a lot in this +district when, in the opinion of the board, the special exception will: +            (i)   not be contrary to the public interest; +            (ii)   not adversely affect neighboring properties; and +            (iii)   not be used to conduct a use not permitted in this +district. (Ord. Nos. 19455; 19786; 19808; 20122; 20384; 20441; 20625; 20950; +21002; 21044; 21314; 24543; 26920; 32209) +SEC. 51A-4.114.   TOWNHOUSE [TH-1(A), TH-2(A), and TH-3(A)] DISTRICTS. +      (1)   Purpose. These classifications create districts that are being +recognized as a form of housing in the city, and provide standards which will +protect and encourage various types of single family dwellings in the city. The +townhouse districts are also established in an effort to provide a more dense +single family residential character by providing minimum standards for lot +area, yards, lot coverage, and lot frontage. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]   +         (D)   Institutional and community service uses. +            --   Adult day care facility. [SUP] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [SUP] +            --   Church. +            --   College, university or seminary. [SUP] +            --   Community service center. [SUP] +            --   Convalescent and nursing homes, hospice care, and related +institutions. [SUP] +            --   Convent or monastery. [SUP] +            --   Foster home. [SUP] +            --   Library, art gallery, or museum. [SUP] +            --   Public or private school. [SUP] +         (E)   Lodging uses. +            None permitted. +         (F)   Miscellaneous uses. +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            None permitted. +         (H)   Recreation uses. +            --   Country club with private membership. [SUP] +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   Duplex. +            --   Retirement housing. [SUP] +            --   Handicapped group dwelling unit. [See Section +51A-4.209(3.1).] +            --   Single family. +         (J)   Retail and personal service uses. +            None permitted. +         (K)   Transportation uses. +            --   Private street or alley. [SUP] +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [SUP] +         (L)   Utility and public service uses. +            --   Electrical substation. [SUP] +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in these +districts: +            --   Accessory helistop. +            --   Accessory medical/ infectious waste incinerator. +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +         (B)   In these districts, the following accessory uses are permitted +by SUP only: +            --   Accessory community center (private). +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. No minimum front yard. +         (B)   Side and rear yard. +            (i)   No minimum side and rear yard for single family structures. +            (ii)   Minimum side yard for duplex structures is five feet. +            (iii)   Minimum rear yard for duplex structures is 10 feet. +            (iv)   Minimum side and rear yard for other permitted structures is +10 feet. +            (v)   If a townhouse district abuts a district that requires a +greater side yard, the side yard requirements of the more restrictive district +apply to the abutting side yard in the townhouse district. +         (C)   Dwelling unit density. +            (i)   In a TH-1(A) district, no more than six dwelling units for +each acre are allowed. +            (ii)   In a TH-2(A) district, no more than nine dwelling units for +each acre are allowed. +            (iii)   In a TH-3(A) district, no more than 12 dwelling units for +each acre are allowed. +         (D)   Floor area ratio. No maximum floor area ratio. +         (E)   Height. Maximum structure height is 36 feet. +         (F)   Lot coverage. +            (i)   Maximum lot coverage is: +               (aa)   60 percent for residential structures; and +               (bb)   25 percent for nonresidential structures. +            (ii)   Surface parking lots and underground parking structures are +not included in lot coverage calculations. +            (iii)   In these districts, 80 percent of an individual lot may be +covered by structures if the coverage for the total project does not exceed 60 +percent and at least 40 percent is reserved for open space. +         (G)   Lot size. +            (i)   Minimum lot area for residential use is: +               (aa)   2,000 square feet for single family structures; and +               (bb)   6,000 square feet for duplex structures. +            (ii)   Repealed by Ord. 20441. +            (iii)   Repealed by Ord. 20441. +         (H)   Stories. No maximum number of stories. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. In this district, off-street parking must be provided at or below +ground level. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Single family structure spacing. In this district, a minimum of +15 feet between each group of eight single family structures must be provided +by plat. +         (B)   Electrical service for single family uses. In this district, a +lot for a single family use may be supplied by not more than one electrical +utility service, and metered by not more than one electrical meter. The board +of adjustment may grant a special exception to authorize more than one +electrical utility service and more than one electrical meter on a lot in this +district when, in the opinion of the board, the special exception will: +            (i)   not be contrary to the public interest; +            (ii)   not adversely affect neighboring properties; and +            (iii)   not be used to conduct a use not permitted in this +district. +         (C)   Electrical service for duplex uses. In this district, a lot for +a duplex use may be supplied by not more than one electrical utility service +and metered by not more than two electrical meters. The board of adjustment may +grant a special exception to authorize more than one electrical utility service +and more than two electrical meters on a lot for a duplex use in this district +when, in the opinion of the board, the special exception will: +            (i)   not be contrary to the public interest; +            (ii)   not adversely affect neighboring properties; and +            (iii)   not be used to conduct a use not permitted in this +district. (Ord. Nos. 19455; 19786; 19808; 19912; 19913; 20384; 20441; 20625; +20950; 21002; 21044; 21314; 24543; 26920; 32209) +SEC. 51A-4.115.   CLUSTERED HOUSING (CH) DISTRICT. +      (1)   Purpose. To provide for the development and protection of areas of +moderate density housing with flexibility to allow for common open space. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]   +         (D)   Institutional and community service uses. +            --   Adult day care facility. [SUP] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [SUP] +            --   Church. +            --   College, university or seminary. [SUP] +            --   Community service center. [SUP] +            --   Convalescent and nursing homes, hospice care, and related +institutions. [SUP] +            --   Convent or monastery. [SUP] +            --   Foster home. +            --   Library, art gallery, or museum. [SUP] +            --   Public or private school. [SUP] +         (E)   Lodging uses. +            None permitted. +         (F)   Miscellaneous uses. +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            None permitted. +         (H)   Recreation uses. +            --   Country club with private membership. [RAR] +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   Duplex. +            --   Group residential facility. [See Section +51A-4.209(3).] +            --   Handicapped group dwelling unit. [See Section +51A-4.209(3.1).] +            --   Multifamily. +            --   Retirement housing. +            --   Single family. +         (J)   Retail and personal service uses. +            None permitted. +         (K)   Transportation uses. +            --   Private street or alley. [SUP] +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [SUP] +         (L)   Utility and public service uses. +            --   Electrical substation. [SUP] +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory helistop. +            --   Accessory medical/infectious waste incinerator. +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +         (B)   In this district, the following accessory uses are permitted by +SUP only: +            --   Accessory community center (private). +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. Minimum front yard is: +            (i)   15 feet where adjacent to an expressway or a thoroughfare; +and +            (ii)   no minimum in all other cases. +         (B)   Side and rear yard. Minimum side and rear yard is: +            (i)   10 feet where adjacent to or directly across an alley from a +zoning district other than a TH or TH(A) district; and +            (ii)   no minimum in all other cases. +         (C)   Dwelling unit density. Maximum dwelling unit density is 18 +dwelling units per net acre. +         (D)   Floor area ratio. No maximum floor area ratio. +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope originating in an R, R(A), D, D(A), TH, or TH(A) district. (See +Section +51A-4.412.) Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is 36 feet. +         (F)   Lot coverage. Maximum lot coverage is 60 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. Minimum lot size is 2,000 square feet for each +dwelling unit. +         (H)   Stories. No maximum number of stories. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. In this district, off-street parking must be provided at or below +ground level. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Minimum district size. A minimum of one-half acre is required +for the establishment of this district unless the city council determines that +a smaller district is justified in a transitional circumstance separating a +residential district from a higher density district. +         (B)   Limit on attached units. No group of attached dwelling units may +exceed eight in number. (Ord. Nos. 19455; 19786; 19808; 19912; 20384; 20625; +20950; 21002; 21044; 21186; 21314; 22139; 22782; 24543; 26920; 32209) +SEC. 51A-4.116.   MULTIFAMILY DISTRICTS. +   (a)   MF-1(A) and MF-1(SAH) districts. +      (1)   Purpose. The MF-1(A) and MF-1(SAH) districts are composed mainly of +areas containing mixtures of single family, duplex, and multifamily dwellings +and certain uniformly developed multifamily dwelling sections. These districts +are medium density districts and are located in certain areas close into the +center of the city and at various outlying locations. The area regulations are +designed to protect the residential character and to prevent the overcrowding +of the land by providing minimum standards for building spacing, yards, off- +street parking, and coverage. All commercial and office uses are prohibited. It +is anticipated that additional areas may be designated in the MF-1(A) or MF-1 +(SAH) district from time to time in the future where the change is appropriate +and access and utility services can reasonably accommodate these medium density +dwellings. Additionally, the MF-1(SAH) district is created to encourage the +provision of affordable housing. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]   +         (D)   Institutional and community service uses. +            --   Adult day care facility. [SUP] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [SUP] +            --   Church. +            --   College, university or seminary. [SUP] +            --   Community service center. [SUP] +            --   Convalescent and nursing homes, hospice care, and related +institutions. [RAR] +            --   Convent or monastery. +            --   Foster home. +            --   Hospital. [SUP] +            --   Library, art gallery, or museum. [SUP] +            --   Public or private school. [SUP] +         (E)   Lodging uses. +            --Short-term rental lodging. +         (F)   Miscellaneous uses. +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            None permitted. +         (H)   Recreation uses. +            --   Country club with private membership. [RAR] +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity, or sorority house. +            --   Duplex. +            --   Group residential facility. [See Section +51A-4.209(3).] +            --   Handicapped group dwelling unit. [See Section +51A-4.209(3.1).] +            --   Multifamily. +            --   Retirement housing. +            --   Single family. +         (J)   Retail and personal service uses. +            None permitted. +         (K)   Transportation uses. +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [SUP] +         (L)   Utility and public service uses. +            --   Electrical substation. [SUP] +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +         (B)   In this district, the following accessory uses are permitted by +SUP only: +            --   Accessory helistop. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/ infectious waste incinerator. [See Section +51A-4.217(3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +   Except as provided in this paragraph, the following yard, lot, and space +regulations apply: +         (A)   Front yard. Minimum front yard is 15 feet. +         (B)   Side and rear yard. +            (i)   No minimum side and rear yard for single family structures. +            (ii)   Minimum side yard for duplex structures is five feet. +            (iii)   Minimum side yard for other permitted structures is 10 +feet. +            (iv)   Minimum rear yard for duplex structures is 10 feet. +            (v)   Minimum rear yard for other permitted structures is 15 feet. +A minimum rear yard of 10 feet may be provided when a building site backs upon +an MF, MF(A), O-1, O-2, NO, NO(A), LO, LO(A), MO, MO(A), GO, GO(A), NS, NS(A), +SC, CR, RR, GR, LC, HC, CS, CA-1, CA-1(A), CA-2, CA-2(A), I-1, I-2, I-3, LI, +IR, IM, mixed use, or multiple commercial district. +         (C)   Dwelling unit density. +            (i)   MF-1(A) district. No maximum dwelling unit density. +            (ii)    MF-1(SAH) district. Maximum dwelling unit density varies +depending on whether a density bonus is obtained in accordance with Division +51A-4.900 as follows: +  +MAXIMUM DWELLING UNIT DENSITY +(dwelling units per net acre) +Percentage of SAH Units Provided Dwelling Units Permitted +0% 15 +5% 16 +10% 17 +15% 20 +20% 30 +  +         (D)   Floor area ratio. No maximum floor area ratio. +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope originating in an R, R(A), D, D(A), TH, or TH(A) district. (See +Section +51A-4.412.) Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is 36 feet. +         (F)   Lot coverage. +            (i)   Maximum lot coverage is: +               (aa)   60 percent for residential structures; and +               (bb)   25 percent for nonresidential structures. +            (ii)    Aboveground parking structures are included in lot coverage +calculations; surface parking lots and underground parking structures are not. +         (G)   Lot size. Minimum lot area per dwelling unit is as follows: +TYPE OF STRUCTURE MINIMUM LOT AREA PER DWELLING UNIT + MINIMUM LOT +TYPE OF STRUCTURE AREA PER + DWELLING + UNIT +Single family 3,000 sq. + ft. +Duplex 3,000 sq. + ft. +Multifamily: +   No separate bedroom 1,000 sq. + ft. +   One bedroom     1,400 sq. + ft. +   Two bedrooms 1,800 sq. + ft. +   More than two bedrooms (Add this amount for each bedroom over 200 sq. ft. +two) +  +         (H)   Stories. No maximum number of stories. +         (I)   Development bonuses for mixed-income housing. In an MF-1(A) +district, lot coverage, lot size, and height may vary depending on whether a +development bonus is obtained in accordance with Division +51A-4.1100 as follows: +            (i)   Height and lot coverage. Except as provided in this +paragraph, the following increased height and lot coverage requirements apply: + Set aside minimums (% of total + residential units reserved in Maximum Height Maximum Lot coverage + each income band, adjusted (residential) + annually) + Set aside minimums (% + of total residential Maximum Lot coverage + units reserved in Maximum Height (residential) + each income band, + adjusted annually) +MVA Categories A, B, 5% at Income band 3; 51 ft. 80% +C + 5% at Income band 3; + and 66 ft. 80% + 5% at Income band 2 + 5% at Income band 3; + 5% at Income band 2; 85 ft. 85% + and + 5% at Income band 1 +MVA Categories D, E, 5% at Income band 2; 51 ft. 80% +F + 10% at Income band 2 66 ft. 80% + 10% at Income band 2; + and 85 ft. 85% + 5% at Income band 1 +MVA Categories G, H, 5% at Income band 1 85 ft. 85% +I +  +            (ii)    Residential proximity slope. In addition to the items +listed in Section +51A-4.408 (a)(2)(A), the following additional items may project through the +residential proximity slope to a height not to exceed the maximum structure +height, or four feet above the slope, whichever is less: +               (aa)    railings; +               (bb)    parapet walls; +               (cc)    trellises; and +               (dd)    structures such as wind barriers, wing walls, and patio +dividing walls. +            (iii)   No minimum lot area per dwelling unit. No minimum lot area +per dwelling unit is required for qualifying developments. +            (iv)    Developments with transit proximity. For a development with +transit proximity as defined in Section +51A-4.1102, maximum lot coverage is 85 percent. +            (v)   Urban form setback. An additional 10-foot front yard setback +is required for that portion of a structure above 45 feet in height. +            (vi)    Retirement housing. The density limits in Section +51A-4.209(b)(5.2)(E)(ii) do not apply. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Single family structure spacing. In this district, a minimum of +15 feet between each group of eight single family structures must be provided +by plat. +   (b)   MF-2(A) and MF-2(SAH) districts. +      (1)   Purpose. The MF-2(A) and MF-2(SAH) districts are composed mainly of +areas containing mixtures of single family, duplex, and multifamily dwellings +and certain uniformly developed multifamily dwelling sections. These districts +are medium density districts and are located in certain areas close into the +center of the city and at various outlying locations. The area regulations are +designed to protect the residential character and to prevent the overcrowding +of the land by providing minimum standards for building spacing, yards, off- +street parking, and coverage. All commercial and office uses are prohibited. It +is anticipated that additional areas may be designated in the MF-2(A) or MF-2 +(SAH) district from time to time in the future where the change is appropriate +and access and utility services can reasonably accommodate these medium density +dwellings. Additionally, the MF-2(SAH) district is created to encourage the +provision of affordable housing. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]   +         (D)   Institutional and community service uses. +            --   Adult day care facility. [SUP] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [SUP] +            --   Church. +            --   College, university or seminary. [SUP] +            --   Community service center. [SUP] +            --   Convalescent and nursing homes, hospice care, and related +institutions. [RAR] +            --   Convent or monastery. +            --   Foster home. +            --   Hospital. [SUP] +            --   Library, art gallery, or museum. [SUP] +            --   Public or private school. [SUP] +         (E)   Lodging uses. +            --   Short-term rental lodging. +            --   Lodging or boarding house. +         (F)   Miscellaneous uses. +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            None permitted. +         (H)   Recreation uses. +            --   Country club with private membership. [RAR] +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity, or sorority house. +            --   Duplex. +            --   Group residential facility. [See Section +51A-4.209(3).] +            --   Handicapped group dwelling unit. [See Section +51A-4.209(3.1).] +            --   Multifamily. +            --   Residential hotel. +            --   Retirement housing. +            --   Single family. +         (J)   Retail and personal service uses. +            None permitted. +         (K)   Transportation uses. +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [SUP] +         (L)   Utility and public service uses. +            --   Electrical substation. [SUP] +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +         (B)   In this district, the following accessory uses are permitted by +SUP only: +            --   Accessory helistop. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217(3.1).]  +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +   Except as provided in this paragraph, the following yard, lot, and space +regulations apply: +         (A)   Front yard. Minimum front yard is 15 feet. +         (B)   Side and rear yard. +            (i)   No minimum side and rear yard for single family structures. +            (ii)   Minimum side yard for duplex structures is five feet. +            (iii)   Minimum side yard for other permitted structures is 10 +feet. +            (iv)   Minimum rear yard for duplex structures is 10 feet. +            (v)   Minimum rear yard for other permitted structures is 15 feet. +A minimum rear yard of 10 feet may be provided when a building site backs upon +an MF, MF(A), O-1, O-2, NO, NO(A), LO, LO(A), MO, MO(A), GO, GO(A), NS, NS(A), +SC, CR, RR, GR, LC, HC, CS, CA-1, CA-1(A), CA-2, CA-2(A), I-1, I-2, I-3, LI, +IR, IM, mixed use, or multiple commercial district. +         (C)   Dwelling unit density. +            (i)   MF-2(A) district. No maximum dwelling unit density. +            (ii)    MF-2(SAH) district. Maximum dwelling unit density varies +depending on whether a density bonus is obtained in accordance with Division +51A-4.900 as follows: +  +MAXIMUM DWELLING UNIT DENSITY +(dwelling units per net acre) +Percentage of SAH Dwelling Units +Units Provided Permitted +0% 20 +5% 22 +10% 24 +15% 30 +20% 40 +  +         (D)   Floor area ratio. No maximum floor area ratio. +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope originating in an R, R(A), D, D(A), TH, or TH(A) district. (See +Section +51A-4.412.) Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is 36 feet. +         (F)   Lot coverage. +            (i)   Maximum lot coverage is: +               (aa)   60 percent for residential structures; and +               (bb)   50 percent for nonresidential structures. +            (ii)    Aboveground parking structures are included in lot coverage +calculations; surface parking lots and underground parking structures are not. +         (G)   Lot size. Minimum lot area per dwelling unit is as follows: +TYPE OF STRUCTURE MINIMUM LOT AREA PER DWELLING UNIT + MINIMUM + LOT AREA +TYPE OF STRUCTURE PER + DWELLING + UNIT +Single family    1,000 + sq. ft. +Duplex 3,000 + sq. ft. +Multifamily: +   No separate bedroom 800 sq. + ft. +   One bedroom     1,000 + sq. ft. +   Two bedrooms 1,200 + sq. ft. +   More than two bedrooms (Add this amount for     each bedroom over150 sq. + ft. +  +         (H)   Stories. No maximum number of stories. +         (I)   Development bonuses for mixed-income housing. In an MF-2(A) +district, lot coverage, lot size per bedroom, and height may vary depending on +whether a development bonus is obtained in accordance with Division +51A-4.1100 as follows: +            (i)   Height and lot coverage. Except as provided in this +paragraph, the following increased height and lot coverage requirements apply: + Set aside minimums (% of total + residential units reserved in Maximum Height Maximum Lot coverage + each income band, adjusted (residential) + annually) + Set aside minimums (% + of total residential Maximum Lot coverage + units reserved in Maximum Height (residential) + each income band, + adjusted annually) +MVA Categories A, B, 5% at Income band 3 51 ft. 80% +C + 5% at Income band 3; + and 66 ft. 80% + 5% at Income band 2 + 5% at Income band 3; + 5% at Income band 2; 85 ft. 85% + and + 5% at Income band 1 +MVA Categories D, E, 5% at Income band 2 51 ft. 80% +F + 10% at Income band 2 66 ft. 80% + 10% at Income band 2; + and 85 ft. 85% + 5% at Income band 1 +MVA Categories G, H, 5% at Income band 1 85 ft. 85% +I +  +            (ii)    Residential proximity slope. In addition to the items +listed in Section +51A-4.408 (a)(2)(A), the following additional items may project through the +residential proximity slope to a height not to exceed the maximum structure +height, or four feet above the slope, whichever is less: +               (aa)    railings; +               (bb)    parapet walls; +               (cc)    trellises; and +               (dd)    structures such as wind barriers, wing walls, and patio +dividing walls. +            (iii)   No minimum lot area per dwelling unit. No minimum lot area +per dwelling unit is required for qualifying developments, +            (iv)    Developments with transit proximity. For a development with +transit proximity as defined in Section +51A-4.1102, maximum lot coverage is 85 percent. +            (v)   Urban form setback. An additional 10-foot front yard setback +is required for that portion of a structure above 45 feet in height. +            (vi)    Retirement housing. The density limits in Section +51A-4.209(b)(5.2)(E)(ii) do not apply. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Single family structure spacing. In this district, a minimum of +15 feet between each group of eight single family structures must be provided +by plat. +   (c)   MF-3(A) district. +      (1)   Purpose. To provide for the development and protection of midrise, +medium density multifamily residential dwellings built on one lot. This +district is not intended to be located in areas of low density residential +development. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]   +         (D)   Institutional and community service uses. +            --   Adult day care facility. [L] [SUP] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [L] [SUP] +            --   Church. +            --   College, university or seminary. [SUP] +            --   Community service center. [SUP] +            --   Convalescent and nursing homes, hospice care, and related +institutions. [RAR] +            --   Convent or monastery. +            --   Foster home. +            --   Hospital. [SUP] +            --   Library, art gallery, or museum. [SUP] +            --   Public or private school. [SUP] +         (E)   Lodging uses. +            --   Short-term rental lodging. +            --   Lodging or boarding house. +         (F)   Miscellaneous uses. +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            None permitted. +         (H)   Recreation uses. +            --   Country club with private membership. [RAR] +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity, or sorority house. +            --   Group residential facility. [See Section +51A-4.209(3).] +            --   Multifamily. +            --   Residential hotel. +            --   Retirement housing. +         (J)   Retail and personal service uses. +            --   Dry cleaning or laundry store. [L] +            --   General merchandise or food store 3,500 square feet or less. +[L] +            --   Motor vehicle fueling station. [SUP] +            --   Personal service uses. [L] +         (K)   Transportation uses. +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [SUP] +         (L)   Utility and public service uses. +            --   Electrical substation. [SUP] +            --Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Post office. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +         (B)   In this district, the following accessory uses are permitted by +SUP only: +            --   Accessory helistop. +            --   Amateur communication tower. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217(3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +   Except as provided in this paragraph, the following yard, lot, and space +regulations apply: +         (A)   Front yard. +            (i)   In general. Minimum front yard is 15 feet. +            (ii)   Urban form setback. An additional 20-foot front yard setback +is required for that portion of a structure over 45 feet in height. +         (B)   Side and rear yard. +            (i)   In general. Minimum side and rear yard is: +               (aa)   20 feet where adjacent to or directly across an alley +from an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF-2 +(A), or MF-2(SAH) district; and +               (bb)   10 feet in all other cases. +            (ii)   Tower spacing. An additional side and rear yard setback of +one foot for each two feet in height above 45 feet is required for that portion +of a structure over 45 feet in height, up to a total setback of 30 feet. This +subparagraph does not require a total side or rear yard setback greater than 30 +feet. +         (C)   Dwelling unit density. Maximum dwelling unit density is 90 +dwelling units per net acre. +         (D)   Floor area ratio. Maximum floor area ratio is 2.0. +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope originating in an R, R(A), D, D(A), TH, or TH(A) district. (See +Section +51A-4.412.) Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is 90 feet. +         (F)   Lot coverage. Maximum lot coverage is 60 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. +            (i)   Minimum lot size for residential use is 6,000 square feet. +            (ii)   Minimum lot area per dwelling unit is as follows: +  + MINIMUM LOT +TYPE OF STRUCTURE AREA PER + DWELLING + UNIT +Multifamily: +   No separate bedroom 450 sq. ft. +   One bedroom 500 sq. ft. +   Two bedrooms 550 sq. ft. +   More than two bedrooms (Add this amount for each bedroom over 50 sq. ft. +two) +  +         (H)   Stories. No maximum number of stories. +         (I)   Development bonuses for mixed-income housing. In an MF-3(A) +district, lot coverage, lot size per bedroom, and height may vary depending on +whether a development bonus is obtained in accordance with Division +51A-4.1100 as follows: +            (i)   Height and lot coverage. Except as provided in this +paragraph, the following increased height and lot coverage requirements apply: + Set aside minimums + (% of total + residential units Maximum Unit Density Maximum Height Maximum Lot coverage + reserved in each per Acre (residential) + income band, + adjusted annually) + Set aside + minimums (% of + total residential Maximum Unit Maximum Lot + units reserved in Density per Acre Maximum Height coverage + each income band, (residential) + adjusted + annually) +MVA Categories 5% at Income band 100 90 ft. 80% +A, B, C 3 + 5% at Income band + 3 and 120 105 ft. 80% + 5% at Income band + 2 + 5% at Income band + 3 and + 5% at Income band 150 120 ft. 85% + 2 and + 5% at Income band + 1 +MVA Categories 5% at Income band 100 90 ft. 80% +D, E, F 2 + 10% at Income 120 105 ft. 80% + band 2 + 10% at Income + band 2 and 150 120 ft. 85% + 5% at Income band + 1 +MVA Categories 5% at Income band 150 120 ft. 85% +G, H, I 1 +  +            (ii)    Residential proximity slope. In addition to the items +listed in Section +51A-4.408 (a)(2)(A), the following additional items may project through the +residential proximity slope to a height not to exceed the maximum structure +height, or four feet above the slope, whichever is less: +               (aa)    railings; +               (bb)    parapet walls; +               (cc)    trellises; and +               (dd)    structures such as wind barriers, wing walls, and patio +dividing walls. +            (iii)   No minimum lot area per dwelling unit. No minimum lot area +per dwelling unit is required for qualifying developments. +            (iv)   Floor area ratio. Maximum floor area ratio includes non- +residential uses only. +            (v)    Developments with transit proximity. For developments with +transit proximity as defined in Section +51A-4.1102, maximum lot coverage is 85 percent. +            (vi)    Retirement housing. The density limits in Section +51A-4.209(b)(5.2)(E)(ii) do not apply. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. None. +   (d)   MF-4(A) district. +      (1)   Purpose. To provide for the development and protection of highrise, +high density multifamily residential dwellings built on one lot. This district +is not intended to be located in areas of low and medium density residential +development. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]   +         (D)   Institutional and community service uses. +            --   Adult day care facility. [L] [SUP] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [L] [SUP] +            --   Church. +            --   College, university or seminary. [SUP] +            --   Community service center. [SUP] +            --   Convalescent and nursing homes, hospice care, and related +institutions. [RAR] +            --   Convent or monastery. +            --   Foster home. +            --   Hospital. [SUP] +            --   Library, art gallery, or museum. [SUP] +            --   Public or private school. [SUP] +         (E)   Lodging uses. +            --   Short-term rental lodging. +            --   Lodging or boarding house. +         (F)   Miscellaneous uses. +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            None permitted. +         (H)   Recreation uses. +            --   Country club with private membership. [RAR] +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity, or sorority house. +            --   Group residential facility. [See Section +51A-4.209(3).] +            --   Multifamily. +            --   Residential hotel. +            --   Retirement housing. +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210 (b)(4).] +            --   Dry cleaning or laundry store. [L] +            --   General merchandise or food store 3,500 square feet or less. +[L] +            --   Motor vehicle fueling station. [SUP] +            --   Personal service uses. [L] +            --   Restaurant without drive-in or drive-through service. [L] +[RAR] +            --   Theater. [SUP] +         (K)   Transportation uses. +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [SUP] +         (L)   Utility and public service uses. +            --   Electrical substation. [SUP] +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Post office. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +         (B)   In this district, the following accessory uses are permitted by +SUP only: +            --   Accessory helistop. +            --   Amateur communication tower. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217(3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. +            (i)   Minimum front yard is 15 feet. +            (ii)   Urban form setback. An additional 20-foot front yard setback +is required for that portion of a structure over 45 feet in height. +         (B)   Side and rear yard. +            (i)   Minimum side and rear yard is: +               (aa)   20 feet where adjacent to or directly across an alley +from an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2 +(A), or MF-2(SAH) district; and +               (bb) 10 feet in all other cases. +            (ii)   Tower spacing. An additional side and rear yard setback of +one foot for each two feet in height above 45 feet is required for that portion +of a structure over 45 feet in height, up to a total setback of 30 feet. This +subparagraph does not require a total side or rear yard setback greater than 30 +feet. +         (C)   Dwelling unit density. Maximum dwelling unit density is 160 +dwelling units per net acre. +         (D)   Floor area ratio. Maximum floor area ratio is 4.0. +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope originating in an R, R(A), D, D(A), TH, or TH(A) district. (See +Section +51A-4.412.) Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is 240 feet. +         (F)   Lot coverage. Maximum lot coverage is 80 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. +            (i)   Minimum lot size is 6,000 square feet. +            (ii)   Minimum lot area per dwelling unit is as follows: +  + MINIMUM LOT +TYPE OF STRUCTURE AREA PER + DWELLING + UNIT +Multifamily: +   No separate bedroom 225 sq. ft. +   One bedroom 275 sq. ft. +   Two bedrooms 325 sq. ft. +   More than two bedrooms (Add this amount for each bedroom over 50 sq. ft. +two) +  +         (H)   Stories. No maximum number of stories. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. None. (Ord. Nos. 19455; 19786; 19808; 19912; +19913; 20384; 20441; 20625; 20920; 20950; 21002; 21044; 31314; 21663; 21735; +22139; 22531; 22782; 24543; 26920; 31152; 32209; 32482) +SEC. 51A-4.117.   MANUFACTURED HOME [MH(A)] DISTRICT. +      (1)   Purpose. The manufactured home is recognized as a specific form of +housing for which accommodations should be provided. To provide appropriate +standards for density, spacing, and use, a separate district is created and +designated for the specific purpose of providing at appropriate locations, area +for the development of manufactured home parks, courts, or subdivisions. In +certain commercial and industrial districts, a manufactured home development +may be provided for by amending the zoning district map where these projects +are appropriate by approval of a specific use permit. The standards for +commercial manufactured home development for transient occupancy differ from +those of a manufactured home subdivision where more or less permanent occupancy +is anticipated. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]   +         (D)   Institutional and community service uses. +            --   Adult day care facility. [SUP] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [SUP] +            --   Church. +            --   Community service center. [SUP] +            --   Foster home. [SUP] +            --   Library, art gallery, or museum. [SUP] +            --   Public or private school. [SUP] +         (E)   Lodging uses. +            None permitted. +         (F)   Miscellaneous uses. +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            None permitted. +         (H)   Recreation uses. +            --   Country club with private membership. [RAR] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity, or sorority house. +            --   Handicapped group dwelling unit. [See Section +51A-4.209(3.1).] +            --   Manufactured home park or subdivision. +            --   Single family. +         (J)   Retail and personal service uses. +            None permitted. +         (K)   Transportation uses. +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [SUP] +         (L)   Utility and public service uses. +            --   Electrical substation. [SUP] +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. The following accessory uses are not permitted in this district: +            --   Accessory helistop. +            --   Accessory medical/infectious waste incinerator. +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. +            (i)   Minimum front yard is 20 feet. +            (ii)   In this district, a manufactured home may not be located +closer than 20 feet to a public street right-of-way or a private drive used for +access, circulation, or service to a lot or stand where a manufactured home is +located. +         (B)   Side and rear yard. Minimum side and rear yard is ten feet. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. No maximum floor area ratio. +         (E)   Height. Maximum structure height is 24 feet. +         (F)   Lot coverage. +            (i)   Maximum lot coverage is: +               (aa)   20 percent for residential structures; and +               (bb)   25 percent for nonresidential structures. +            (ii)   Aboveground parking structures are included in lot coverage +calculations; surface parking lots and underground parking structures are not. +         (G)   Lot size. +            (i)   In this district, a manufactured home must have the following +minimum lot area: +               (aa)   1,500 square feet for a manufactured home on a transient +stand; or +               (bb)   4,000 square feet for a manufactured home on a subdivided +lot. +            (ii)   Repealed by Ord. 20441. +            (iii)   Repealed by Ord. 20441. +         (H)   Stories. No maximum number of stories. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   In this district, no person may locate a manufactured home +nearer than 10 feet to the side line of any lot or stand, and the minimum space +between adjacent manufactured homes must be 20 feet. (Ord. Nos. 19455; 19786; +20360; 20441; 20625; 20950; 21002; 21044; 21314; 21442; 22392; 24543; 26920; +32209) +SECS. 51A-4.118 THRU 51A-4.119.   RESERVED.  +(Ord. Nos. 19455; 19786) +Division 51A-4.120. Nonresidential District Regulations. +SEC. 51A-4.121.   OFFICE DISTRICTS. +   (a)   Neighborhood office [NO(A)] district. +      (1)   Purpose. This district represents a group of uses that is +restricted to office uses which predominantly serve neighborhood or community +needs. They are, therefore, compatible with and are intended for location +adjacent to single family, duplex, and townhouse neighborhoods. This district +is designed to preserve the environmental quality of neighborhood areas. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. [L] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [L] +            --   Church. +            --   Community service center. [SUP] +            --   Library, art gallery, or museum. +            --   Open-enrollment charter school or private school. [SUP] +            --Public school other than an open-enrollment charter school. [RAR] +         (E)   Lodging uses. +            None permitted. +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Financial institution without drive-in window. +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity or sorority house. [SUP] +         (J)   Retail and personal service uses. +            --   Business school. [SUP] +            --   Personal service use up to 1,000 square feet in floor area. +[L] +            --   Restaurant without drive-in or drive-thru service. [SUP] +         (K)   Transportation uses. +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [ By SUP or city +council resolution. See Section +51A-4.211.] +         (L)   Utility and public service uses. +            --   Electrical substation. [SUP] +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. The following accessory uses are not permitted in this district: +            --   Accessory community center (private). +            --   Accessory helistop. +            --   Accessory medical/infectious waste incinerator. +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +            --   Amateur communication tower. +            --   Home occupation. +            --   Private stable. +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. Minimum front yard is 15 feet. +         (B)   Side and rear yard. Minimum side and rear yard is: +            (i)   20 feet where adjacent to or directly across an alley from an +R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and +            (ii)   no minimum in all other cases. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. Maximum floor area ratio is 0.5. +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is: +               (aa)   35 feet for a structure with a gable, hip, or gambrel +roof; and +               (bb) 30 feet for any other structure. +         (F)   Lot coverage. Maximum lot coverage is 50 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. No minimum lot size. +         (H)   Stories. Maximum number of stories above grade is two. Parking +garages are exempt from this requirement, but must comply with the height +regulations of Subparagraph (E). +      (5)   Off-street parking and loading. +         (A)   In general. Consult the use regulations (Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +         (B)   Special off-street loading provisions. +            (i)   In this district, off-street loading spaces may not be +located in the required front yard. +            (ii)   In this district, off-street loading spaces may be located +in the front yard behind the setback line if they are screened from the street. +Screening must be at least six feet in height measured from the horizontal +plane passing through the nearest point of the off-street loading space and may +be provided by using any of the methods described in Section +51A-4.602(b)(3). +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Development impact review. A site plan must be submitted and +approved in accordance with the requirements of Section +51A-4.803 before an application is made for a permit for work in this district +if the estimated trip generation for all uses on the lot collectively is equal +to or greater than 6,000 trips per day and 500 trips per acre per day. See +Table 1 in Section +51A-4.803 to calculate estimated trip generation. +         (B)   Visual intrusion. No portion of any balcony or opening that +faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2 +(A), or MF-2(SAH) district may penetrate or be located above a residential +proximity slope originating in that district. (See Section +51A-4.412.) For purposes of this paragraph, the term “opening” means an open +and unobstructed space or a transparent panel in an exterior wall or door from +which there can be visual surveillance into the yard of a residential use. +         (C)   Garbage collection and mechanical equipment areas. Garbage +collection and mechanical equipment areas may not be located closer than 20 +feet to the nearest building site in an R, R(A), D, D(A), TH, TH(A), or CH +district, or that portion of a planned development district restricted to +single family and/or duplex uses. +         (D)   Screening surface parking lots from street. In this district, +all off-street surface parking lots, excluding driveways used for ingress or +egress, must be screened from the street. For more information regarding this +requirement, see Section +51A-4.301. +         (E)   Screening side and rear yards from residential districts. In +this district, if a building or parking structure is erected on a building site +and a portion of the side or rear yard abuts or is across an adjoining alley +from an A, A(A), R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) +district, any portion of the building site directly across from that district +must be screened from that district. +   (b)   LO(A) districts (LO-1, LO-2, and LO-3). +      (1)   Purpose. These districts represent a group of uses that is +restricted to office uses which predominantly serve neighborhood or community +needs. In addition, certain limited service uses are allowed where they are +contained primarily within the building and primarily serve the occupants of +the building and not the general public. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            --   Catering service. [L] +            --   Medical or scientific laboratory. [SUP] +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. [L] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [L] +            --   Church. +            --   College, university, or seminary. +            --   Community service center. [SUP] +            --   Convent or monastery. +            --   Library, art gallery, or museum. +            --   Open-enrollment charter school or private school. [SUP] +            --   Public school other than an open-enrollment charter school. +[RAR] +         (E)   Lodging uses. +            --   Overnight general purpose shelter. [See Section +51A-4.205 (2.1)] +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Alternative financial establishment. [SUP] +            --   Financial institution without drive-in window. +            --   Financial institution with drive-in window. [SUP] +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity or sorority house. +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210 (b)(4).] +            --   Business school. +            --   Dry cleaning or laundry store. [L] +            --   General merchandise or food store 3,500 square feet or less. +[L] +            --   Personal service uses. [L] +            --   Restaurant without drive-in or drive-through service. [L] +[RAR] +         (K)   Transportation uses. +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [By SUP or city +council resolution. See Section +51A-4.211.] +         (L)   Utility and public service uses. +            --   Commercial radio or television transmitting station. [SUP] +            --   Electrical substation. +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Post office. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. The following accessory uses are not permitted in this district: +            --   Accessory community center (private). +            --   Accessory helistop. +            --   Accessory medical/infectious waste incinerator. +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +            --   Home occupation. +            --   Private stable. +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. +            (i)   Minimum front yard is 15 feet. +            (ii)   Urban form setback. An additional 20-foot front yard setback +is required for that portion of a structure over 45 feet in height. +         (B)   Side and rear yard. +            (i)   Minimum side and rear yard is: +               (aa)   20 feet where adjacent to or directly across an alley +from an R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and +               (bb)   no minimum in all other cases. +            (ii)   Tower spacing. An additional side and rear yard setback of +one foot for each two feet in height above 45 feet is required for that portion +of a structure over 45 feet in height, up to a total setback of 30 feet. This +subparagraph does not require a total side or rear yard setback greater than 30 +feet. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. Maximum floor area ratio is: +            (i)   1.0 in the LO-1 district; +            (ii)   1.5 in the LO-2 district; and +            (iii)   1.75 in the LO-3 district. +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is: +               (aa)   70 feet in the LO-1 district; +               (bb)   95 feet in the LO-2 district; and +               (cc)   115 feet in the LO-3 district. +         (F)   Lot coverage: Maximum lot coverage is 80 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. No minimum lot size. +         (H)   Stories. +            (i)   Maximum number of stories above grade is: +               (aa)   five in the LO-1 district; +               (bb)   seven in the LO-2 district; and +               (cc)   nine in the LO-3 district. +            (ii)   Parking garages are exempt from this requirement, but must +comply with the height regulations of Subparagraph (E). +      (5)   Off-street parking and loading. +         (A)   In general. Consult the use regulations (Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +         (B)   Special off-street loading provisions. +            (i)   In these districts, off-street loading spaces may not be +located in the required front yard. +            (ii)   In these districts, off-street loading spaces may be located +in the front yard behind the setback line if they are screened from the street. +Screening must be at least six feet in height measured from the horizontal +plane passing through the nearest point of the off-street loading space and may +be provided by using any of the methods described in Section +51A-4.602(b)(3). +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Development impact review. A site plan must be submitted and +approved in accordance with the requirements of Section +51A-4.803 before an application is made for a permit for work in these +districts if the estimated trip generation for all uses on the lot collectively +is equal to or greater than 6,000 trips per day and 500 trips per acre per day. +See Table 1 in Section +51A-4.803 to calculate estimated trip generation. +         (B)   Visual intrusion. No portion of any balcony or opening that +faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2 +(A), or MF-2(SAH) district may penetrate or be located above a residential +proximity slope originating in that district. (See Section +51A-4.412.) For purposes of this paragraph, the term “opening” means an open +and unobstructed space or a transparent panel in an exterior wall or door from +which there can be visual surveillance into the yard of a residential use. +         (C)   Garbage collection and mechanical equipment areas. Garbage +collection and mechanical equipment areas may not be located closer than 20 +feet to the nearest building site in an R, R(A), D, D(A), TH, TH(A), or CH +district, or that portion of a planned development district restricted to +single family and/or duplex uses. +         (D)   Screening surface parking lots from street. In these districts, +all off-street surface parking lots, excluding driveways used for ingress or +egress, must be screened from the street. For more information regarding this +requirement, see Section +51A-4.301. +         (E)   Screening side and rear yards from residential districts. In +these districts, if a building or parking structure is erected on a building +site and a portion of the side or rear yard abuts or is across an adjoining +alley from an A, A(A), R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) +district, any portion of the building site directly across from that district +must be screened from that district. +   (c)   MO(A) districts (MO-1 and MO-2). +      (1)   Purpose. These districts represent a group of uses that is +restricted to office and limited service uses, which serve the building +occupants. These districts are intended to serve both community and city-wide +needs, and should be located adjacent to higher density residential, and low +and medium density office, retail, commercial, and light industrial districts. +In addition to office uses, certain complementary retail uses are permitted in +these districts in order to meet the day-to-day retail needs of area residents +and office patrons. + ��    (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            --   Catering service. [L] +            --   Electronics service center. [L] +            --   Medical or scientific laboratory. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. [L] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [L] +            --   Church. +            --   College, university, or seminary. +            --   Community service center. [SUP] +            --   Convent or monastery. +            --   Hospital. [SUP] +            --   Library, art gallery, or museum. +            --   Open-enrollment charter school or private school. [SUP] +            --   Public school other than an open-enrollment charter school. +[RAR] +         (E)   Lodging uses. +            --   Extended stay hotel or motel. [SUP] +            --   Hotel or motel. [RAR] or [SUP] [See Section +51A-4.205(1).] +            --   Overnight general purpose shelter. [See Section +51A-4.205(2.1).] +            --   Short-term rental lodging. +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Alternative financial establishment. [SUP] +            --   Financial institution without drive-in window. +            --   Financial institution with drive-in window. [DIR] +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity or sorority house. +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210 (b)(4).] +            --   Business school. +            --   Dry cleaning or laundry store. [L] +            --   General merchandise or food store 3,500 square feet or less. +[L] +            --   Motor vehicle fueling station. [L] +            --   Personal service uses. [L] +            --Restaurant without drive-in or drive-through service. [L] [RAR] +            --   Theater. [SUP] +         (K)   Transportation uses. +            --   Helistop. [SUP] +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [By SUP or city +council resolution. See Section +51A-4.211.] +         (L)   Utility and public service uses. +            --   Commercial radio or television transmitting station. [SUP] +            --   Electrical substation. +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Post office. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory community center (private). +            --   Accessory outside display of merchandise. +            --   Accessory outside sales. +            --   Accessory pathological waste incinerator. +            --   Home occupation. +            --   Private stable. +         (B)   In these districts, the following accessory use is permitted by +SUP only: +            --   Accessory helistop. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217 (3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. +            (i)   Minimum front yard is 15 feet. +            (ii)   Urban form setback. An additional 20-foot front yard setback +is required for that portion of a structure over 45 feet in height. +         (B)   Side and rear yard. +            (i)   Minimum side and rear yard is: +               (aa)   20 feet where adjacent to or directly across an alley +from an R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and +               (bb)   no minimum in all other cases. +            (ii)   Tower spacing. An additional side and rear yard setback of +one foot for each two feet in height above 45 feet is required for that portion +of a structure over 45 feet in height, up to a total setback of 30 feet. This +subparagraph does not require a total side or rear yard setback greater than 30 +feet. +         (C)   Dwelling unit density. Not applicable. +         (D)   Floor area ratio. Maximum floor area ratio is: +            (i)   2.0 in the MO-1 district; and +            (ii)   3.0 in the MO-2 district. +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is: +               (aa)   135 feet in the MO-1 district; and +               (bb)   160 feet in the MO-2 district. +         (F)   Lot coverage. Maximum lot coverage is 80 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. No minimum lot size. +         (H)   Stories. +            (i)   Maximum number of stories above grade is: +               (aa)   10 stories in the MO-1 district; and +               (bb)   12 stories in the MO-2 district. +            (ii)   Parking garages are exempt from this requirement, but must +comply with the height regulations of Subparagraph (E). +      (5)   Off-street parking and loading. +         (A)   In general. Consult the use regulations (Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +         (B)   Special off-street loading provisions. +            (i)   In these districts, off-street loading spaces may not be +located in the required front yard. +            (ii)   In these districts, off-street loading spaces may be located +in the front yard behind the setback line if they are screened from the street. +Screening must be at least six feet in height measured from the horizontal +plane passing through the nearest point of the off-street loading space and may +be provided by using any of the methods described in Section +51A-4.602(b)(3). +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Development impact review. A site plan must be submitted and +approved in accordance with the requirements of Section +51A-4.803 before an application is made for a permit for work in these +districts if the estimated trip generation for all uses on the lot collectively +is equal to or greater than 6,000 trips per day and 500 trips per acre per day. +See Table 1 in Section +51A-4.803 to calculate estimated trip generation. +         (B)   Visual intrusion. No portion of any balcony or opening that +faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2 +(A), or MF-2(SAH) district may penetrate or be located above a residential +proximity slope originating in that district. (See Section +51A-4.412.) For purposes of this paragraph, the term “opening” means an open +and unobstructed space or a transparent panel in an exterior wall or door from +which there can be visual surveillance into the yard of a residential use. +         (C)   Garbage collection and mechanical equipment areas. Garbage +collection and mechanical equipment areas may not be located closer than 20 +feet to the nearest building site in an R, R(A), D, D(A), TH, TH(A), or CH +district, or that portion of a planned development district restricted to +single family and/or duplex uses. +         (D)   Screening surface parking lots from street. In these districts, +all off-street surface parking lots, excluding driveways used for ingress or +egress, must be screened from the street. For more information regarding this +requirement, see Section +51A-4.301. +         (E)   Screening side and rear yards from residential districts. In +these districts, if a building or parking structure is erected on a building +site and a portion of the side or rear yard abuts or is across an adjoining +alley from an A, A(A), R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) +district, any portion of the building site directly across from that district +must be screened from that district. +   (d)   General office [GO(A)] district. +      (1)   Purpose. This district represents a group of uses which would +accommodate sophisticated office developments and may include certain +complementary retail and residential uses as a minor component of such +developments. This district is intended to serve city-wide needs and should be +located near higher density zoning districts, especially where the potential +trip generation allowed by this group will have a minimal effect on low density +communities. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            --   Catering service. [L] +            --   Electronics service center. [L] +            --   Medical or scientific laboratory. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. [L] +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. [L] +            --   Church. +            --   College, university, or seminary. +            --   Community service center. [SUP] +            --   Convent or monastery. +            --   Hospital. [RAR] +            --   Library, art gallery, or museum. +            --   Open-enrollment charter school or private school. [SUP] +            --   Public school other than an open-enrollment charter school. +[RAR] +         (E)   Lodging uses. +            --   Extended stay hotel or motel. [SUP] +            --   Hotel or motel. [RAR] +            --   Overnight general purpose shelter. [See Section +51A-4.205(2.1).] +            --   Short-term rental lodging. +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Alternative financial establishment. [SUP] +            --   Financial institution without drive-in window. +            --   Financial institution with drive-in window. [DIR] +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity or sorority house. +            --   Handicapped group dwelling unit. [See Section +51A-4.209(3.1).] +            --   Single family, duplex, and multifamily uses may occupy up to +five percent of the total floor area of any building. See the “additional +provisions” [Paragraph (8)] in this subsection. +         (J)   Retail and personal service uses.* +            --   Alcoholic beverage establishments. [See Section +51A-4.210 (b)(4).] +            --   Business school. +            --   Dry cleaning or laundry store. +            --   General merchandise or food store 3,500 square feet or less. +            --   Motor vehicle fueling station. [L] +            --   Nursery, garden shop, or plant sales. +            --   Personal service uses. +            --   Restaurant without drive-in or drive-through service. [RAR] +            --   Theater. [SUP] +*In this district, a retail and personal service use: (1) must be contained +entirely within a building; and (2) may not have a floor area that, in +combination with the floor areas of other retail and personal service uses in +the building, exceeds 10 percent of the total floor area of the building. +         (K)   Transportation uses. +            --   Helistop. [SUP] +            --   Railroad passenger station. [SUP] +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [By SUP or city +council resolution. See Section +51A-4.211.] +         (L)   Utility and public service uses. +            --   Commercial radio or television transmitting station. +            --   Electrical substation. +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. +            --   Post office. +            --   Radio, television, or microwave tower. [RAR] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. The following accessory uses are not permitted in these districts: +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory community center (private). +            --   Accessory pathological waste incinerator. +            --   Home occupation. +            --   Private stable. +         (B)   Reserved. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217 (3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. +            (i)   Minimum front yard is 15 feet. +            (ii)   Urban form setback. An additional 20-foot front yard setback +is required for that portion of a structure over 45 feet in height. +         (B)   Side and rear yard. +            (i)   Minimum side and rear yard is: +               (aa)   20 feet where adjacent to or directly across an alley +from an R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and +               (bb)   no minimum in all other cases. +            (ii)   Tower spacing. An additional side and rear yard setback of +one foot for each two feet in height above 45 feet is required for that portion +of a structure over 45 feet in height, up to a total setback of 30 feet. This +subparagraph does not require a total side or rear yard setback greater than 30 +feet. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. Maximum floor area ratio is 4.0. +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is 270 feet. +         (F)   Lot coverage. Maximum lot coverage is 80 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. No minimum lot size. +         (H)   Stories. Maximum number of stories above grade is 20. Parking +garages are exempt from this requirement, but must comply with the height +regulations of Subparagraph (E). +      (5)   Off-street parking and loading. +         (A)   In general. Consult the use regulations (Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +         (B)   Special off-street loading provisions. +            (i)   In this district, off-street loading spaces may not be +located in the required front yard. +            (ii)   In this district, off-street loading spaces may be located +in the front yard behind the setback line if they are screened from the street. +Screening must be at least six feet in height measured from the horizontal +plane passing through the nearest point of the off-street loading space and may +be provided by using any of the methods described in Section +51A-4.602(b)(3). +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Development impact review. A site plan must be submitted and +approved in accordance with the requirements of Section +51A-4.803 before an application is made for a permit for work in this district +if the estimated trip generation for all uses on the lot collectively is equal +to or greater than 6,000 trips per day and 500 trips per acre per day. See +Table 1 in Section +51A-4.803 to calculate estimated trip generation. +         (B)   Visual intrusion. No portion of any balcony or opening that +faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2 +(A), or MF-2(SAH) district may penetrate or be located above a residential +proximity slope originating in that district. (See Section +51A-4.412.) For purposes of this paragraph, the term “opening” means an open +and unobstructed space or a transparent panel in an exterior wall or door from +which there can be visual surveillance into the yard of a residential use. +         (C)   Garbage collection and mechanical equipment areas. Garbage +collection and mechanical equipment areas may not be located closer than 20 +feet to the nearest building site in an R, R(A), D, D(A), TH, TH(A), or CH +district, or that portion of a planned development district restricted to +single family and/or duplex uses. +         (D)   Screening surface parking lots from street. In this district, +all off-street surface parking lots, excluding driveways used for ingress or +egress, must be screened from the street. For more information regarding this +requirement, see Section +51A-4.301. +         (E)   Screening side and rear yards from residential districts. In +this district, if a building or parking structure is erected on a building site +and a portion of the side or rear yard abuts or is across an adjoining alley +from an A, A(A), R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) +district, any portion of the building site directly across from that district +must be screened from that district. +         (F)   Residential use restrictions. In this district, single family, +duplex, and multifamily uses are permitted as a component of a building if they +collectively comprise no more than five percent of the total floor area of the +building. +         (G)   Retail and personal service use restrictions. In this district, +a retail and personal service use: +            (i)   must be contained entirely within a building; and +            (ii)   may not have a floor area that, in combination with the +floor areas of other retail and personal service uses in the building, exceeds +10 percent of the total area of the building. (Ord. Nos. 19455; 19786; 19806; +19808; 19873; 19928; 20382; 20625; 20920; 20950; 21002; 21044; 21314; 21399; +21442; 21663; 21735; 22392; 22531; 22782; 24232; 24271; 24543; 24857; 25815; +26920; 28214; 32209); 32482) +SEC. 51A-4.122.   RETAIL DISTRICTS. +   (a)   Neighborhood service [NS(A)] district. +      (1)   Purpose. To accommodate convenience retail shopping, services, and +professional offices principally servicing and compatible in scale and +intensity of use with adjacent residential uses. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            None permitted. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. +            --   Church. +            --   College, university, or seminary. [SUP] +            --   Community service center. [SUP] +            --   Convent or monastery. +            --   Library, art gallery, or museum. +            --   Open-enrollment charter school or private school. [SUP] +            --   Public school other than an open-enrollment charter school. +[RAR] +         (E)   Lodging uses. +            None permitted. +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Financial institution without drive-in window. +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. [SUP] +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity, or sorority house. [SUP] +         (J)   Retail and personal service uses. +            --   Dry cleaning or laundry store. +            --   General merchandise or food store 3,500 square feet or less. +            --   Motor vehicle fueling station. [SUP] +            --   Personal service uses. +            --   Restaurant without drive-in or drive-through service. [RAR] +         (K)   Transportation uses. +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [By SUP or city +council resolution. See Section +51A-4.211.] +         (L)   Utility and public service uses. +            --   Electrical substation. [SUP] +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. [SUP] +            --   Post office. [SUP] +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. The following accessory uses are not permitted in this district: +            --   Accessory community center (private). +            --   Accessory helistop. +            --   Accessory medical/infectious waste incinerator. +            --   Accessory pathological waste incinerator. +            --   Amateur communication tower. +            --   Home occupation. +            --   Private stable. +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. Minimum front yard is 15 feet. +         (B)   Side and rear yard. Minimum side and rear yard is: +            (i)   20 feet where adjacent to or directly across an alley from an +R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and +            (ii)   no minimum in all other cases. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. Maximum floor area ratio is 0.5. +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is: +               (aa)   35 feet for a structure with a gable, hip, or gambrel +roof; and +               (bb)   30 feet for any other structure. +         (F)   Lot coverage. Maximum lot coverage is 40 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. No minimum lot size. +         (H)   Stories. Maximum number of stories above grade is two. Parking +garages are exempt from this requirement, but must comply with the height +regulations of Subparagraph (E). +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Development impact review. A site plan must be submitted and +approved in accordance with the requirements of Section +51A-4.803 before an application is made for a permit for work in this district +if the estimated trip generation for all uses on the lot collectively is equal +to or greater than 6,000 trips per day and 500 trips per acre per day. See +Table 1 in Section +51A-4.803 to calculate estimated trip generation. +         (B)   Visual intrusion. No portion of any balcony or opening that +faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2 +(A), or MF-2(SAH) district may penetrate or be located above a residential +proximity slope originating in that district. (See Section +51A-4.412.) For purposes of this paragraph, the term “opening” means an open +and unobstructed space or a transparent panel in an exterior wall or door from +which there can be visual surveillance into the yard of a residential use. +   (b)   Community retail (CR) district. +      (1)   Purpose. To provide for the development of community-serving +retail, personal service, and office uses at a scale and intensity compatible +with residential communities. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            --   Building repair and maintenance shop. [RAR] +            --   Catering service. +            --   Custom business services. +            --   Electronics service center. +            --   Medical or scientific laboratory. [SUP] +            --   Tool or equipment rental. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +��        (D)   Institutional and community service uses. +            --   Adult day care facility. +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. +            --   Church. +            --   College, university, or seminary. +            --   Community service center. [SUP] +            --   Convent or monastery. +            --   Hospital. [SUP] +            --   Library, art gallery, or museum. +            --   Open-enrollment charter school or private school. [SUP] +            --   Public school other than an open-enrollment charter school. +[RAR] +         (E)   Lodging uses. +            --   Hotel and motel. [SUP] +            --   Lodging or boarding house. [SUP] +            --   Overnight general purpose shelter. [See Section +51A-4.205 (2.1)] +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Alternative financial establishment. [SUP] +            --   Financial institution without drive-in window. +            --   Financial institution with drive-in window. [DIR] +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity, or sorority house. +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210 (b)(4).] +            --   Ambulance service. [RAR]  +            --   Animal shelter or clinic without outside runs. [RAR] +            --   Auto service center. [RAR] +            --   Business school. +            --   Car wash. [DIR] +            --   Commercial amusement (inside). [SUP may be required. See +Section +51A-4.210(b)(7)(B).] +            --   Commercial amusement (outside). [SUP] +            --   Commercial parking lot or garage. [RAR] +            --   Convenience store with drive-through. [SUP] +            --   Dry cleaning or laundry store. +            --   Furniture store. +            --   General merchandise or food store 3,500 square feet or less. +            --   General merchandise or food store greater than 3,500 square +feet. +            --   General merchandise or food store 100,000 square feet or more. +[SUP] +            --   Home improvement center, lumber, brick or building materials +sales yard. [DIR] +            --   Household equipment and appliance repair. +            --   Liquor store. +            --   Mortuary, funeral home, or commercial wedding chapel. +            --   Motor vehicle fueling station. +            --   Nursery, garden shop, or plant sales. +            --   Paraphernalia shop. [SUP] +            --   Pawn shop. +            --   Personal service uses. +            --   Restaurant without drive-in or drive-through service. [RAR] +            --   Restaurant with drive-in or drive-through service. [DIR] +            --   Swap or buy shop. [SUP] +            --   Temporary retail use. +            --   Theater. +         (K)   Transportation uses. +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [By SUP or city +council resolution. See Section +51A-4.211.] +         (L)   Utility and public service uses. +            --   Commercial radio and television transmitting station. +            --   Electrical substation. +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. +            --   Post office. +            --   Radio, television or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Mini-warehouse. [SUP] +            --   Recycling buy-back center. [See Section +51A-4.213 (11).] +            --   Recycling collection center. [See Section +51A-4.213 (11.1).] +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory community center (private). +            --   Home occupation. +            --   Private stable. +         (B)   In this district, the following accessory use is permitted by +SUP only: +            --   Accessory helistop. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217 (3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. Minimum front yard is 15 feet. +         (B)   Side and rear yard. Minimum side and rear yard is: +            (i)   20 feet where adjacent to or directly across an alley from an +R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and +            (ii)   no minimum in all other cases. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. Maximum floor area ratio is: +            (i)   0.5 for office uses; and +            (ii)   0.75 for all uses combined. +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is 54 feet. +         (F)   Lot coverage. Maximum lot coverage is 60 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. No minimum lot size. +         (H)   Stories. Maximum number of stories above grade is four. Parking +garages are exempt from this requirement, but must comply with the height +regulations of Subparagraph (E). +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Development impact review. A site plan must be submitted and +approved in accordance with the requirements of Section +51A-4.803 before an application is made for a permit for work in this district +if the estimated trip generation for all uses on the lot collectively is equal +to or greater than 6,000 trips per day and 500 trips per acre per day. See +Table 1 in Section +51A-4.803 to calculate estimated trip generation. +         (B)   Visual intrusion. No portion of any balcony or opening that +faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2 +(A), or MF-2(SAH) district may penetrate or be located above a residential +proximity slope originating in that district. (See Section +51A-4.412.) For purposes of this paragraph, the term “opening” means an open +and unobstructed space or a transparent panel in an exterior wall or door from +which there can be visual surveillance into the yard of a residential use. +   (c)   Regional retail (RR) district. +      (1)   Purpose. To provide for the development of regional-serving retail, +personal service, and office uses. This district is not intended to be located +in areas of low density residential development. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            --   Building repair and maintenance shop. [RAR] +            --   Catering service. +            --   Custom business services. +            --   Electronics service center. +            --   Labor hall. [SUP] +            --   Machinery, heavy equipment, or truck sales and services. [RAR] +            --   Medical or scientific laboratory. [SUP] +            --   Tool or equipment rental. +            --   Vehicle or engine repair or maintenance. [RAR] +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. +            --   Church. +            --   College, university, or seminary. +            --   Community service center. +            --   Convent or monastery. +            --   Halfway house. [SUP] +            --   Hospital. [RAR] +            --   Library, art gallery, or museum. +            --   Open-enrollment charter school or private school. [SUP] +            --Public school other than an open-enrollment charter school. [RAR] +         (E)   Lodging uses. +            --   Extended stay hotel or motel. [SUP] +            --   Hotel or motel. [RAR] or [SUP] [See Section +51A-4.205(1).] +            --   Lodging or boarding house. +            --   Overnight general purpose shelter. [See Section +51A-4.205(2.1).] +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Alternative financial establishment. [SUP] +            --   Financial institution without drive-in window. +            --   Financial institution with drive-in window. [DIR] +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity, or sorority house. +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210(b)(4).] +            --   Ambulance service. [RAR] +            --   Animal shelter or clinic without outside runs. [RAR] +            --   Animal shelter or clinic with outside runs. [SUP] +            --   Auto service center. [RAR] +            --   Business school. +            --   Car wash. [RAR] +            --   Commercial amusement (inside). [SUP may be required. See +Section +51A-4.210(b)(7)(B).] +            --   Commercial amusement (outside). [SUP] +            --   Commercial parking lot or garage. [RAR] +            --   Convenience store with drive-through. [SUP] +            --   Dry cleaning or laundry store. +            --   Furniture store. +            --   General merchandise or food store 3,500 square feet or less. +            --   General merchandise or food store greater than 3,500 square +feet. +            --   General merchandise or food store 100,000 square feet or more. +            --   Home improvement center, lumber, brick or building materials +sales yard. [RAR] +            --   Household equipment and appliance repair. +            --   Liquor store. +            --   Mortuary, funeral home, or commercial wedding chapel. +            --   Motor vehicle fueling station. +            --   Nursery, garden shop, or plant sales. +            --   Outside sales. [SUP] +            --   Paraphernalia shop. [SUP] +            --   Pawn shop. +            --   Personal service uses. +            --   Restaurant without drive-in or drive-through service. [RAR] +            --   Restaurant with drive-in or drive-through service. [DIR] +            --   Swap or buy shop. [SUP] +            --   Temporary retail use. +            --   Theater. +            --   Vehicle display, sales, and service. [RAR] +         (K)   Transportation uses. +            --   Commercial bus station and terminal. [DIR] +            --   Heliport. [SUP] +            --   Helistop. [SUP] +            --   Railroad passenger station. [SUP] +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [By SUP or city +council resolution. See Section +51A-4.211.] +         (L)   Utility and public service uses. +            --   Commercial radio or television transmitting station. +            --   Electrical substation. +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. +            --   Post office. +            --   Radio, television or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Mini-warehouse. [SUP] +            --   Recycling buy-back center. [See Section +51A-4.213 (11).] +            --   Recycling collection center. [See Section +51A-4.213 (11.1).] +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory community center (private). +            --   Home occupation. +            --   Private stable. +         (B)   In this district, the following accessory use is permitted by +SUP only: +            --   Accessory helistop. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217 (3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. +            (i)   Minimum front yard is 15 feet. +            (ii)   Urban form setback. An additional 20-foot front yard setback +is required for that portion of a structure over 45 feet in height. +         (B)   Side and rear yard. Minimum side and rear yard is: +            (i)   20 feet where adjacent to or directly across an alley from an +R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and +            (ii)   no minimum in all other cases. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. Maximum floor area ratio is: +            (i)   0.5 for office uses; and +            (ii)   1.5 for all uses combined. +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is 70 feet. +         (F)   Lot coverage. Maximum lot coverage is 80 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. No minimum lot size. +         (H)   Stories. Maximum number of stories above grade is five. Parking +garages are exempt from this requirement, but must comply with the height +regulations of Subparagraph (E). +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Development impact review. A site plan must be submitted and +approved in accordance with the requirements of Section +51A-4.803 before an application is made for a permit for work in this district +if the estimated trip generation for all uses on the lot collectively is equal +to or greater than 6,000 trips per day and 500 trips per acre per day. See +Table 1 in Section +51A-4.803 to calculate estimated trip generation. +         (B)   Visual intrusion. No portion of any balcony or opening that +faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2 +(A), or MF-2(SAH) district may penetrate or be located above a residential +proximity slope originating in that district. (See Section +51A-4.412 .) For purposes of this paragraph, the term “opening” means an open +and unobstructed space or a transparent panel in an exterior wall or door from +which there can be visual surveillance into the yard of a residential use. +(Ord. Nos. 19455; 19786; 19806; 19808; 19873; 19931; 20242; 20273; 20382; +20494; 20625; 20895; 20902; 20920; 20950; 21002; 21044; 21259; 21314; 21399; +21442; 21663; 21735; 22204; 22531; 22782; 24232; 24271; 24543; 24857; 25785; +26920; 27572; 28079; 28214; 30477; 32209) +SEC. 51A-4.123.   COMMERCIAL SERVICE AND INDUSTRIAL DISTRICTS. +   (a)   Commercial service (CS) district. +      (1)   Purpose. To provide for the development of commercial and business +serving uses that may involve outside storage, service, or display. This +district is not intended to be located in areas of low and medium density +residential development. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            --   Building repair and maintenance shop. [RAR] +            --   Bus or rail transit vehicle maintenance or storage facility. +[RAR] +            --   Catering service. +            --   Commercial bus station and terminal. [DIR] [By right or SUP. +See Section +51A-4.211(2).] +            --   Commercial cleaning or laundry plant. [RAR] +            --   Custom business services. +            --   Custom woodworking, furniture construction, or repair. +            --   Electronics service center. +            --   Job or lithographic printing. [RAR] +            --   Labor hall. [SUP] +            --   Machine or welding shop. [RAR] +            --   Machinery, heavy equipment, or truck sales and services. [RAR] +            --   Medical or scientific laboratory. +            --   Technical school. +            --   Tool or equipment rental. +            --   Vehicle or engine repair or maintenance. [RAR] +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Industrial (inside) for light manufacturing. +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. +            --   Church. +            --   College, university, or seminary. +            --   Community service center. [SUP] +            --   Convent or monastery. +            --   Halfway house. [SUP] +            --   Hospital. [RAR] +            --   Open-enrollment charter school or private school. [SUP] +            --   Public school other than an open-enrollment charter school. +[RAR] +         (E)   Lodging uses. +            --   Extended stay hotel or motel. [SUP] +            --   Hotel or motel. [RAR] or [SUP] [See Section +51A-4.205(1).] +            --   Lodging or boarding house. +            --   Overnight general purpose shelter. [See Section +51A-4.205(2.1).] +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Alternative financial establishment. [SUP] +            --   Financial institution without drive-in window. +            --   Financial institution with drive-in window. [RAR] +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club or area. +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity, or sorority house. +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210(b)(4).] +            --   Ambulance service. [RAR] +            --   Animal shelter or clinic without outside runs. [RAR] +            --   Animal shelter or clinic with outside runs. [SUP may be +required. See Section +51A-4.210(b)(2).] +            --   Auto service center. [RAR] +            --   Business school. +            --   Car wash. [RAR] +            --   Commercial amusement (inside). [SUP may be required. See +Section +51A-4.210(b)(7)(B).] +            --   Commercial amusement (outside). [DIR] +            --   Commercial motor vehicle parking. [By SUP only if within 500 +feet of a residential district.] +            --   Commercial parking lot or garage. [RAR] +            --   Convenience store with drive-through. [SUP] +            --   Drive-in theater. [SUP] +            --   Dry cleaning or laundry store. +            --   Furniture store. +            --   General merchandise or food store 3,500 square feet or less. +            --   General merchandise or food store greater than 3,500 square +feet. +            --   General merchandise or food store 100,000 square feet or more. +[SUP] +            --   Home improvement center, lumber, brick or building +               materials sales yard. [RAR] +            --   Household equipment and appliance repair. +            --   Liquefied natural gas fueling station. [SUP] +            --   Liquor store. +            --   Mortuary, funeral home, or commercial wedding chapel. +            --   Motor vehicle fueling station. +            --   Nursery, garden shop, or plant sales. +            --   Paraphernalia shop. [SUP] +            --   Outside sales. [SUP] +            --   Pawn shop. +            --   Personal service uses. +            --   Restaurant without drive-in or drive-through service. +               [RAR] +            --   Restaurant with drive-in or drive-through service. [DIR] +            --   Swap or buy shop. [SUP] +            --   Taxidermist. +            --   Temporary retail use. +            --   Theater. +            --   Truck stop. [SUP] +            --   Vehicle display, sales, and service. [RAR] +         (K)   Transportation uses. +            --   Commercial bus station and terminal. [DIR] +            --   Heliport. [SUP] +            --   Helistop. [SUP] +            --   Railroad passenger station. [SUP] +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [By SUP or city +council resolution. See Section +51A-4.211.] +         (L)   Utility and public service uses. +            --   Commercial radio or television transmitting station. +            --   Electrical substation. +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. +            --   Post office. +            --   Radio, television, or microwave tower. [RAR] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Auto auction. [SUP] +            --   Building mover's temporary storage yard. [SUP] +            --   Contractor's maintenance yard. [RAR] +            --   Freight terminal. [RAR] +            --   Manufactured building sales lot. [RAR] +            --   Mini-warehouse. +            --   Office showroom/warehouse. +            --   Outside storage. [RAR] +            --   Petroleum product storage and wholesale. [SUP] +            --   Recycling buy-back center. [See Section +51A-4.213(11).] +            --   Recycling collection center. [See Section +51A-4.213(11.1).] +            --   Recycling drop-off container. [See Section +51A-4.213(11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213(11.3).] +            --   Sand, gravel, or earth sales and storage. [SUP] +            --   Trade center. +            --   Vehicle storage lot. [SUP] +            --   Warehouse. [RAR] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory community center (private). +            --   Home occupation. +            --   Private stable. +         (B)   In this district, the following accessory use is permitted by +SUP only: +            --   Accessory helistop. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/ infectious waste incinerator. [See Section +51A-4.217 (3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. Minimum front yard is: +            (i)   15 feet where adjacent to an expressway or a thoroughfare; +and +            (ii)   no minimum in all other cases. +         (B)   Side and rear yard. Minimum side and rear yard is: +            (i)   20 feet where adjacent to or directly across an alley from an +R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and +            (ii)   no minimum in all other cases. +         (C)   Dwelling unit density. Not applicable. +         (D)   Floor area ratio. Maximum floor area ratio is: +            (i)   0.5 for any combination of lodging, office, and retail and +personal service uses; and +            (ii)   0.75 for all uses combined. +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is 45 feet. +         (F)   Lot coverage. Maximum lot coverage is 80 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. No minimum lot size. +         (H)   Stories. Maximum number of stories above grade is three. Parking +garages are exempt from this requirement, but must comply with the height +regulations of Subparagraph (E). +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Development impact review. A site plan must be submitted and +approved in accordance with the requirements of Section +51A-4.803 before an application is made for a permit for work in this district +if the estimated trip generation for all uses on the lot collectively is equal +to or greater than 6,000 trips per day and 500 trips per acre per day. See +Table 1 in Section +51A-4.803 to calculate estimated trip generation. +         (B)   Visual intrusion. No portion of any balcony or opening that +faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2 +(A), or MF-2(SAH) district may penetrate or be located above a residential +proximity slope originating in that district. (See Section +51A-4.412.) For purposes of this paragraph, the term “opening” means an open +and unobstructed space or a transparent panel in an exterior wall or door from +which there can be visual surveillance into the yard of a residential use. +   (b)   Light industrial (LI) district. +      (1)   Purpose. To provide for light industrial office, research and +development, and commercial uses in an industrial park setting. This district +is designed to be located in areas appropriate for industrial development which +may be adjacent to residential communities. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            --   Building repair and maintenance shop. [RAR] +            --   Bus or rail transit vehicle maintenance or storage facility. +[RAR] +            --   Catering service. +            --   Commercial bus station and terminal. +            --   Commercial cleaning or laundry plant. [RAR] +            --   Custom business services. +            --   Custom woodworking, furniture construction, or repair. +            --   Electronics service center. +            --   Job or lithographic printing. [RAR] +            --   Labor hall. [SUP] +            --   Machine or welding shop. [RAR] +            --   Machinery, heavy equipment, or truck sales and services. [RAR] +            --   Medical or scientific laboratory. +            --   Technical school. +            --   Tool or equipment rental. +            --   Vehicle or engine repair or maintenance. +         (C)   Industrial uses. +            --   Alcoholic beverage manufacturing. [RAR] +            --   Gas drilling and production. [SUP] +            --   Industrial (inside) for light manufacturing. +            --   Inside industrial. [RAR] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. +            --   Church. +            --   College, university, or seminary. +            --   Community service center. [SUP] +            --   Halfway house. [SUP] +            --   Hospital. [SUP] +            --   Open-enrollment charter school or private school. [SUP] +            --   Public school other than an open-enrollment charter school. +[RAR] +         (E)   Lodging uses. +            --   Extended stay hotel or motel. [SUP] +            --   Hotel or motel. [RAR] or [SUP] [See Section +51A-4.205(1).] +            --   Lodging or boarding house. +            --   Overnight general purpose shelter. [See Section +51A-4.205(2.1).] +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Alternative financial establishment. [SUP] +            --   Financial institution without drive-in window. +            --   Financial institution with drive-in window. [RAR] +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   None permitted. +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210(b)(4).] +            --   Animal shelter or clinic without outside runs. +            --   Animal shelter or clinic with outside runs. [SUP may be +required. See Section +51A-4.210(b)(2).] +            --   Auto service center. [RAR] +            --   Business school. +            --   Car wash. [RAR] +            --   Commercial amusement (inside). [SUP may be required. See +Section +51A-4.210(b)(7)(B).] +            --   Commercial motor vehicle parking. [By SUP only if within 500 +feet of a residential district.] +            --   Commercial parking lot or garage. [RAR] +            --   Dry cleaning or laundry store. +            --   Furniture store. +            --   General merchandise or food store 3,500 square feet or less. +            --   General merchandise or food store 100,000 square feet or more. +[SUP] +            --   Home improvement center, lumber, brick or building materials +sales yard. [RAR] +            --   Household equipment and appliance repair. +            --   Liquefied natural gas fueling station. [By SUP only if the use +has more than four fuel pumps or is within 1,000 feet of a residential zoning +district or a planned development district that allows residential uses.] +            --   Motor vehicle fueling station. +            --   Paraphernalia shop. [SUP] +            --   Personal service uses. +            --   Restaurant without drive-in or drive-through service. [RAR] +            --   Restaurant with drive-in or drive-through service. [DIR] +            --   Taxidermist. +            --   Temporary retail use. +            --   Theater. +            --   Truck stop. [SUP] +            --   Vehicle display, sales, and service. [RAR] +         (K)   Transportation uses. +            --   Commercial bus station and terminal. [RAR] +            --   Heliport. [SUP] +            --   Helistop. [SUP] +            --   Railroad passenger station. [SUP] +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [By SUP or city +council resolution. See Section +51A-4.211.] +         (L)   Utility and public service uses. +            --   Commercial radio or television transmitting station. [SUP] +            --   Electrical substation. +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. +            --   Post office. +            --   Radio, television or microwave tower. [RAR] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Freight terminal. [RAR] +            --   Manufactured building sales lot. [RAR] +            --   Mini-warehouse. +            --   Office showroom/warehouse. +            --   Outside storage. [RAR] +            --   Recycling buy-back center. [See Section +51A-4.213(11).] +            --   Recycling collection center. [See Section +51A-4.213(11.1).] +            --   Recycling drop-off container. [See Section +51A-4.213(11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213(11.3).] +            --   Trade center. +            --   Warehouse. [RAR] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory community center (private). +            --   Accessory pathological waste incinerator. +            --   Home occupation. +            --   Private stable. +         (B)   In this district, the following accessory uses are permitted by +SUP only: +            --   Accessory helistop. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/ infectious waste incinerator. [See Section +51A-4.217 (3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. Minimum front yard is 15 feet. +         (B)   Side and rear yard. Minimum side and rear yard is: +            (i)   30 feet where adjacent to or directly across an alley from an +R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and +            (ii)   no minimum in all other cases. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. Maximum floor area ratio is: +            (i)   0.5 for retail and personal service uses; +            (ii)   0.75 for any combination of lodging, office, and retail and +personal service uses; and +            (iii)   1.0 for all uses combined. +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is 70 feet. +         (F)   Lot coverage. Maximum lot coverage is 80 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. No minimum lot size. +         (H)   Stories. Maximum number of stories above grade is five. Parking +garages are exempt from this requirement, but must comply with the height +regulations of Subparagraph (E). +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Development impact review. A site plan must be submitted and +approved in accordance with the requirements of Section +51A-4.803 before an application is made for a permit for work in this district +if the estimated trip generation for all uses on the lot collectively is equal +to or greater than 6,000 trips per day and 500 trips per acre per day. See +Table 1 in Section +51A-4.803 to calculate estimated trip generation. +         (B)   Visual intrusion. No portion of any balcony or opening that +faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2 +(A), or MF-2(SAH) district may penetrate or be located above a residential +proximity slope originating in that district. (See Section +51A-4.412.) For purposes of this paragraph, the term “opening” means an open +and unobstructed space or a transparent panel in an exterior wall or door from +which there can be visual surveillance into the yard of a residential use. +   (c)   Industrial/research (IR) district. +      (1)   Purpose. To provide for research and development, light industrial, +office, and supporting commercial uses in an industrial research park setting. +This district is not intended to be located in areas of low and medium density +residential development. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            --   Building repair and maintenance shop. [RAR] +            --   Bus or rail transit vehicle maintenance or storage facility. +[RAR] +            --   Catering service. +            --   Commercial cleaning or laundry plant. [RAR] +            --   Custom business services. +            --   Custom woodworking, furniture construction, or repair. +            --   Electronics service center. +            --   Job or lithographic printing. [RAR] +            --   Labor hall. [SUP may be required. See Section +51A-4.202 (8.1).] +            --   Machine or welding shop. [RAR] +            --   Machinery, heavy equipment, or truck sales and services. [RAR] +            --   Medical or scientific laboratory. +            --   Technical school. +            --   Tool or equipment rental. +            --   Vehicle or engine repair or maintenance. +         (C)   Industrial uses. +            --   Alcoholic beverage manufacturing. [RAR] +            --   Gas drilling and production. [SUP] +            --   Industrial (inside). [See Section +51A-4.203(b)(1).] +            --   Industrial (inside) for light manufacturing. +            --   Industrial (outside). [See Section +51A-4.203(b)(2).] +            --   Medical/infectious waste incinerator. [SUP] +            --   Municipal waste incinerator. [SUP] +            --   Organic compost recycling facility. [SUP] +            --   Pathological waste incinerator. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. +            --   Church. +            --   College, university, or seminary. +            --   Community service center. +            --   Hospital. [RAR] +            --   Public or private school. [SUP] +         (E)   Lodging uses. +            --   Extended stay hotel or motel. [SUP] +            --   Hotel or motel. [RAR] +            --   Lodging or boarding house. +            --   Overnight general purpose shelter. [See Section +51A-4.205(2.1).] +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Hazardous waste management facility. [Except when operated as +a hazardous waste incinerator.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Alternative financial establishment. [SUP] +            --   Financial institution without drive-in window. +            --   Financial institution with drive-in window. [RAR] +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   None permitted. +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210(b)(4).] +            --   Animal shelter or clinic without outside runs. +            --   Animal shelter or clinic with outside runs. [SUP may be +required. See Section +51A-4.210(b)(2).] +            --   Auto service center. [RAR] +            --   Business school. +            --   Car wash. [RAR] +            --   Commercial amusement (inside). [SUP may be required. See +Section +51A-4.210(b)(7)(B).] +            --   Commercial motor vehicle parking. [By SUP only if within 500 +feet of a residential district.] +          �� --   Commercial parking lot or garage. [RAR] +            --   Convenience store with drive-through. [SUP] +            --   Dry cleaning or laundry store. +            --   Furniture store. +            --   General merchandise or food store 3,500 square feet or less. +            --   Home improvement center, lumber, brick or building materials +sales yard. [RAR] +            --   Household equipment and appliance repair. +            --   Liquefied natural gas fueling station. [By SUP only if the use +has more than four fuel pumps or is within 1,000 feet of a residential zoning +district or a planned development district that allows residential uses.] +            --   Motor vehicle fueling station. +            --   Paraphernalia shop. [SUP] +            --   Pawn shop. +            --   Personal service uses. +            --   Restaurant without drive-in or drive-through service. [RAR] +            --   Restaurant with drive-in or drive-through service. [DIR] +            --   Taxidermist. +            --   Temporary retail use. +            --   Theater. +            --   Truck stop. [SUP] +            --   Vehicle display, sales, and service. [RAR] +         (K)   Transportation uses. +            --   Airport or landing field. [SUP]. +            --   Commercial bus station and terminal. [RAR]. +            --   Heliport. [RAR] +            --   Helistop. [RAR] +            --   Railroad passenger station. [SUP] +            --   STOL (short take off or landing) port. [SUP] +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [By SUP or city +council resolution. See Section +51A-4.211.] +         (L)   Utility and public service uses. +            --   Commercial radio or television transmitting station. +            --   Electrical substation. +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. +            --   Post office. +            --   Radio, television, or microwave tower. [RAR] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +            --   Water treatment plant. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Freight terminal. [RAR] +            --   Manufactured building sales lot. [RAR] +            --   Mini-warehouse. +            --   Office showroom/warehouse. +            --   Outside storage. [RAR] +            --   Recycling buy-back center. [See Section +51A-4.213(11).] +            --   Recycling collection center. [See Section +51A-4.213(11.1).] +            --   Recycling drop-off container. [See Section +51A-4.213(11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213(11.3).] +            --   Trade center. +            --   Warehouse. [RAR] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. The following accessory uses are not permitted in this district: +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory community center (private). +            --   Accessory pathological waste incinerator. +            --   Home occupation. +            --   Private stable. +         (B)   Reserved. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217 (3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. Minimum front yard is 15 feet. +         (B)   Side and rear yard. Minimum side and rear yard is: +            (i)   30 feet where adjacent to or directly across an alley from an +R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and +            (ii)   no minimum in all other cases. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. Maximum floor area ratio is: +            (i)   0.5 for retail and personal service uses; +            (ii)   0.75 for any combination of lodging, office, and retail and +personal service uses; and +            (iii)   2.0 for all uses combined. +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is 200 feet. +         (F)   Lot coverage. Maximum lot coverage is 80 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. No minimum lot size. +         (H)   Stories. Maximum number of stories above grade is 15. Parking +garages are exempt from this requirement, but must comply with the height +regulations of Subparagraph (E). +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Development impact review. A site plan must be submitted and +approved in accordance with the requirements of Section +51A-4.803 before an application is made for a permit for work in this district +if the estimated trip generation for all uses on the lot collectively is equal +to or greater than 6,000 trips per day and 500 trips per acre per day. See +Table 1 in Section +51A-4.803 to calculate estimated trip generation. +         (B)   Visual intrusion. No portion of any balcony or opening that +faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2 +(A), or MF-2(SAH) district may penetrate or be located above a residential +proximity slope originating in that district. (See Section +51A-4.412.) For purposes of this paragraph, the term “opening” means an open +and unobstructed space or a transparent panel in an exterior wall or door from +which there can be visual surveillance into the yard of a residential use. +   (d)   Industrial manufacturing (IM) district. +      (1)   Purpose. To provide for heavy industrial manufacturing uses with +accompanying open storage and supporting commercial uses. This district is not +intended to be located in or near areas of residential development. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            --   Building repair and maintenance shop. [RAR] +            --   Bus or rail transit vehicle maintenance or storage facility. +[RAR] +            --   Catering service. +            --   Commercial cleaning or laundry plant. [RAR] +            --   Custom business services. +            --   Custom woodworking, furniture construction, or repair. +            --   Electronics service center. +            --   Job or lithographic printing. [RAR] +            --   Labor hall. [SUP may be required. See Section +51A-4.202 (8.1).] +            --   Machine or welding shop. [RAR] +            --   Machinery, heavy equipment, or truck sales and services. [RAR] +            --   Medical or scientific laboratory. +            --   Technical school. +            --   Tool or equipment rental. +            --   Vehicle or engine repair or maintenance. [RAR] +         (C)   Industrial uses. +            --   Alcoholic beverage manufacturing. [RAR] +��           --   Gas drilling and production. [SUP] +            --   Gas pipeline compressor station. [SUP] +            --   Industrial (inside). [SUP may be required. See Section +51A-4.203(a); otherwise RAR.] +            --   Industrial (inside) for light manufacturing. +            --   Industrial (outside). [SUP may be required. See Section +51A-4.203(a); otherwise RAR.] +            --   Medical/infectious waste incinerator. [SUP] +            --   Metal salvage facility. [SUP] +            --   Mining. [SUP] +            --   Municipal waste incinerator. [SUP] +            --   Organic compost recycling facility. [RAR] +            --   Outside salvage or reclamation. [SUP] +            --   Pathological waste incinerator. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. +            --   Church. +            --   College, university, or seminary. +            --   Hospital. [SUP] +            --   Public or private school. [SUP] +         (E)   Lodging uses. +            --   Extended stay hotel or motel. [SUP] +            --   Hotel or motel. [RAR] +            --   Lodging or boarding house. [SUP] +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Hazardous waste management facility. +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Alternative financial establishment. [SUP] +            --   Financial institution without drive-in window. +            --   Financial institution with drive-in window. [RAR] +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            None permitted. +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210(b)(4).] +            --   Animal shelter or clinic without outside runs. +            --   Animal shelter or clinic with outside runs. [SUP may be +required. See Section +51A-4.210(b)(2).] +            --   Auto service center. [RAR] +            --   Business school. +            --   Car wash. [RAR] +            --   Commercial amusement (inside). [SUP may be required. See +Section +51A-4.210(b)(7)(B).] +            --   Commercial motor vehicle parking. [By SUP only if within 500 +feet of a residential district.] +            --   Commercial parking lot or garage. [RAR] +            --   Convenience store with drive-through. [SUP] +            --   Drive-in theater. [SUP] +            --   Dry cleaning or laundry store. +            --   Furniture store. +            --   General merchandise or food store 3,500 square feet or less. +            --   Home improvement center, lumber, brick or building materials +sales yard. [RAR] +            --   Household equipment and appliance repair. +            --   Liquefied natural gas fueling station. [By SUP only if the use +has more than four fuel pumps or is within 1,000 feet of a residential zoning +district or a planned development district that allows residential uses.] +            --   Motor vehicle fueling station. +            --   Paraphernalia shop. [SUP] +            --   Pawn shop. +            --   Personal service uses. +            --   Restaurant without drive-in or drive-through service. [RAR] +            --   Restaurant with drive-in or drive-through service. [DIR] +            --   Taxidermist. +            --   Temporary retail use. +            --   Theater. +            --   Truck stop. [SUP] +            --   Vehicle display, sales, and service. [RAR] +         (K)   Transportation uses. +            --   Airport or landing field. [SUP] +            --   Commercial bus station and terminal. [RAR] +            --   Heliport. [RAR] +            --   Helistop. [RAR] +            --   Railroad passenger station. [SUP] +            --   Railroad yard, roundhouse, or shops. [RAR] +            --   STOL (short take off or landing) port. [SUP] +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [By SUP or city +council resolution. See Section +51A-4.211.] +         (L)   Utility and public service uses. +            --   Commercial radio or television transmitting station. +            --   Electrical generating plant. [SUP] +            --   Electrical substation. +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. +            --   Post office. +            --   Radio, television, or microwave tower. [RAR] +            --   Refuse transfer station. [SUP] +            --   Sanitary landfill. [SUP] +            --   Sewage treatment plant. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +            --   Water treatment plant. [RAR] +         (M)   Wholesale, distribution, and storage uses. +            --   Auto auction. [SUP] +            --   Building mover's temporary storage yard. [SUP] +            --   Contractor's maintenance yard. [RAR] +            --   Freight terminal. [RAR] +            --   Livestock auction pens or sheds. [SUP] +            --   Manufactured building sales lot. [RAR] +            --   Mini-warehouse. +            --   Office showroom/warehouse. +            --   Outside storage. [RAR] +            --   Petroleum product storage and wholesale. [RAR] +            --   Recycling buy-back center. [See Section +51A-4.213(11).] +            --   Recycling collection center. [See Section +51A-4.213(11.1).] +            --   Recycling drop-off container. [See Section +51A-4.213(11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213(11.3).] +            --   Sand, gravel, or earth sales and storage. [RAR] +            --   Trade center. +            --   Vehicle storage lot. +            --   Warehouse. [RAR] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. The following accessory uses are not permitted in this district: +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory community center (private). +            --   Accessory pathological waste incinerator. +            --   Home occupation. +            --   Private stable. +         (B)   Reserved. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217 (3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. Minimum front yard is: +            (i)   15 feet where adjacent to an expressway or a thoroughfare; +and +            (ii)   no minimum in all other cases. +         (B)   Side and rear yard. Minimum side and rear yard is: +            (i)   30 feet where adjacent to or directly across an alley from an +R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and +            (ii)   no minimum in all other cases. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. Maximum floor area ratio is: +            (i)   0.5 for retail and personal service uses; +            (ii)   0.75 for any combination of lodging, office, and retail and +personal service uses; and +            (iii)   2.0 for all uses combined. +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is 110 feet. +         (F)   Lot coverage. Maximum lot coverage is 80 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. No minimum lot size. +         (H)   Stories. Maximum number of stories above grade is eight. Parking +garages are exempt from this requirement, but must comply with the height +regulations of Subparagraph (E). +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Development impact review. A site plan must be submitted and +approved in accordance with the requirements of Section +51A-4.803 before an application is made for a permit for work in this district +if the estimated trip generation for all uses on the lot collectively is equal +to or greater than 6,000 trips per day and 500 trips per acre per day. See +Table 1 in Section +51A-4.803 to calculate estimated trip generation. +         (B)   Visual intrusion. No portion of any balcony or opening that +faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2 +(A), or MF-2(SAH) district may penetrate or be located above a residential +proximity slope originating in that district. (See Section +51A-4.412 .) For purposes of this paragraph, the term “opening” means an open +and unobstructed space or a transparent panel in an exterior wall or door from +which there can be visual surveillance into the yard of a residential use. +(Ord. Nos. 19455; 19786; 19806; 19873; 19931; 20242; 20273; 20363; 20382; +20425; 20478; 20625; 20806; 20895; 20902; 20920; 20950; 21002; 21044; 21186; +21259; 21314; 21399; 21442; 21456; 21663; 21735; 22204; 22255; 22392; 22531; +22782; 23735; 24232; 24271; 24543; 24759; 24857; 25056; 25785; 25815; 26269; +26920; 27563; 28079; 28214; 28700; 28737; 28803; 29228; 29917; 30477; 32209) +SEC. 51A-4.124.   CENTRAL AREA DISTRICTS. +   (a)   CA-1(A) district. +      (1)   Purpose. This district is provided to accommodate existing +development in the central area of the city, to encourage the most appropriate +future use of land, and to prevent the increase of street congestion. This +district is hereby designated as an area of historical, cultural, and +architectural importance and significance. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business services uses. +            --   Building repair and maintenance shop. +            --   Bus or rail transit vehicle maintenance or storage facility. +            --   Catering service. +            --   Commercial cleaning or laundry plant +            --   Custom business services. +            --   Custom woodworking, furniture construction, or repair. +            --   Electronics service center. +            --   Job or lithographic printing. +            --   Labor hall. [SUP] +            --   Medical or scientific laboratory. +            --   Technical school. +            --   Tool or equipment rental. +            --   Vehicle or engine repair or maintenance. [DIR] +         (C)   Industrial uses. +            --   Alcoholic beverage manufacturing. [SUP] +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. +            --   Church. +            --   College, university, or seminary. +            --   Community service center. [SUP] +            --   Convalescent and nursing homes, hospice care, and related +institutions. +            --   Convent or monastery. +            --   Foster home. [SUP] +            --   Halfway house. [SUP] +            --   Hospital. +            --   Library, art gallery, or museum. +            --   Open-enrollment charter school or private school. [SUP] +            --   Public school other than an open-enrollment charter school. +         (E)   Lodging uses. +            --   Extended stay hotel or motel. [SUP] +            --   Hotel or motel. +            --   Lodging or boarding house. +            --   Overnight general purpose shelter. [See Section +51A-4.205(2.1).] +            --   Short-term rental lodging. +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Alternative financial establishment. [SUP] +            --   Financial institution without drive-in window. +            --   Financial institution with drive-in window. [DIR] +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity, or sorority house. +            --   Duplex. +            --   Group residential facility. [See Section +51A-4.209(3).] +            --   Handicapped group dwelling unit. [See Section +51A-4.209 (3.1).] +            --   Multifamily. +            --   Residential hotel. +            --   Retirement housing. +            --   Single family. +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210(b)(4).] +            --   Ambulance service. +            --   Auto service center. +            --   Business school. +            --   Commercial amusement (inside). [SUP may be required. See +Section +51A-4.210(b)(7)(B).] +            --   Commercial amusement (outside). +            --   Commercial parking lot or garage. +            --   Dry cleaning or laundry store. +            --   Furniture store. +            --   General merchandise or food store 3,500 square feet or less. +            --   General merchandise or food store greater than 3,500 square +feet. +            --   General merchandise or food store 100,000 square feet or more. +            --   Household equipment and appliance repair. +            --   Liquor store. +            --   Mortuary, funeral home, or commercial wedding chapel. +            --   Motor vehicle fueling station. +            --   Nursery, garden shop, or plant sales. +            --   Outside sales. +            --   Personal service uses. +            --   Restaurant without drive-in or drive-through service. +            --   Restaurant with drive-in or drive-through service. [SUP] +            --   Swap or buy shop. [SUP] +            --   Taxidermist. +            --   Temporary retail use. +            --   Theater. +            --   Vehicle display, sales, and service. [SUP] +         (K)   Transportation uses. +            --   Commercial bus station and terminal. [DIR] +            --   Heliport. [SUP] +            --   Helistop. [SUP] +            --   Private street or alley. [SUP] +            --   Railroad passenger station. +            --   Railroad yard, roundhouse, or shops. +            --   STOL (short takeoff or landing) port. [SUP] +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. +         (L)   Utility and public service uses. +            --   Commercial radio or television transmitting station. +            --   Electrical substation. +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. +            --   Post office. +            --   Radio, television, or microwave tower. +            --   Sewage treatment plant. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [See +Section +51A-4.212 (11)] +            --   Water treatment plant. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Freight terminal. [DIR] +            --   Mini-warehouse. +            --   Office showroom/warehouse. +            --   Outside storage. [SUP] +            --   Recycling buy-back center. [See Section +51A-4.213(11).] +            --   Recycling collection center. [See Section +51A-4.213(11.1).] +            --   Recycling drop-off container. [See Section +51A-4.213(11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213(11.3).] +            --   Trade center. +            --   Warehouse. +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. In this district, the following accessory use is permitted by SUP +only: +         (A)   Reserved. +         (B)   In this district, the following accessory use is permitted by +SUP only: +            --   Accessory helistop. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217 (3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. No minimum front yard. +         (B)   Side and rear yard. +            (i)   Minimum side yard is: +               (aa)   five feet for duplex structures; +               (bb) 10 feet for multifamily structures 36 feet or less in +height; and +               (cc)   no minimum in all other cases. +            (ii)   Minimum rear yard is: +               (aa)   10 feet for duplex structures; +               (bb) 15 feet for multifamily structures 36 feet or less in +height; and +               (cc)   no minimum in all other cases. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. +            (i)   Maximum floor area ratio is 20.0. +            (ii)   Reserved. (Repealed by Ord. 20361) +            (iii)   The maximum floor area ratio in the CA-1(A)-CP and CA-1(A)- +SP districts may be increased to 24 to 1 by the use of the building setback +bonus provisions in the “additional provisions” [Paragraph (8)] in this +subsection. +         (E)   Height. Maximum structure height is any legal height. +         (F)   Lot coverage. Maximum lot coverage is 100 percent. +         (G)   Lot size. No minimum lot size. +         (H)   Stories. No maximum number of stories. +      (5)   Off-street parking and loading. +         (A)   In general. Consult the off-street parking and loading +regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +         (B)   Special off-street parking provisions. +            (i)   Except as provided in this section, for all uses except +single-family and duplex, off-street parking is only required for a building +built after June 26, 1967, or an addition to an existing building, at a ratio +of one parking space for each 2,000 square feet of floor area. +            (ii)   Except as provided in this section, no parking is required +for ground-floor retail and personal service uses except for the following: +               (aa)   Alcoholic beverage establishment operating as a bar, +lounge, or tavern. +               (bb)   Commercial amusement (inside). +            (iii)   No parking is required for the first 5,000 square feet of +ground-floor floor area for a restaurant without drive-in or drive-through +service. +            (iv)   If there is a conflict, this paragraph controls over other +off-street parking regulations in this chapter. +         (C)   Special off-street loading provisions. +            (i)   In this district, off-street loading spaces must be provided +in accordance with Section +51A-4.303(a) for only new structures or additions to an existing structure. +            (ii)   In this district, once the required off-street loading has +been established for a structure, no additional off-street loading is required +if the use of the structure changes. +            (iii)   In this district, once an off-street loading space has been +provided, the off-street loading space may not be reduced, eliminated, or made +unusable in any manner during the life of the structure. +            (iv)   In this district, on-street loading spaces may satisfy the +off-street loading space requirement subject to the following standards: +               (aa)   Any on-street loading spaces must be approved by the +traffic engineer. +               (bb)   Required off-street loading spaces furnished on-street +must be provided at curbside contiguous to the building site. +               (cc) If no adjacent curb space is available due to traffic or +transit needs, indented curb space may be provided if the required sidewalk +width is maintained. +               (dd)   All required medium and large loading spaces must be +provided off-street. +               (ee)   Structures meeting Subparagraphs (aa) through (dd) above +and requiring seven or more off-street loading spaces may satisfy the off- +street loading requirement as follows: +  +REQUIRED SPACES MINIMUM OFF-STREET NUMBER ON STREET +7 6 1 +8 6 2 +9 6 3 +10 or more 60% 40% +  +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Single family structure spacing. In this district, a minimum of +15 feet between each group of eight single family structures must be provided +by plat. +         (B)   Minimum 10-foot setback in CA- 1(A)-CP and CA-1(A)-SP districts. +In the CA-1(A)-CP and CA-1(A)-SP districts, a 10 foot setback is required that +is measured from the street curb as established by the Dallas Central Business +District Streets and Vehicular Circulation Plan, Ordinance No. 13262, as +amended. When an owner establishes a setback on his property greater than the +10 foot requirement, a floor area bonus of six times the additional setback +area is allowed. The maximum permitted floor area ratio with a bonus is 24 to +one. +         (C)   Sidewalk regulations. In this district, a sidewalk must be +provided between the back of the street curb and the face of a building at +grade in accordance with this subsection. The face of a building is behind the +columns for a building with exterior columns. +            (i)   Average sidewalk width equals the total sidewalk surface area +divided by the lineal feet of frontage. +               (aa)   Each frontage on each blockface must contain the required +average sidewalk width. +               (bb)   The computation of average sidewalk width excludes the +area occupied by structural walls or columns. +               (cc)   In computing average sidewalk width, the surface area at +a corner is counted only once. +            (ii)   In a CA-1(A)-CP district, sidewalks must be constructed and +maintained in accordance with the following regulations: +               (aa)   An average sidewalk width of 18 feet is required. +               (bb)   A minimum sidewalk width of 12 feet that is unobstructed +by any structure or planting is required. The 12 foot minimum sidewalk width +may be divided into seven and five foot minimum segments. +            (iii)   In the CA-1(A)-SP district, sidewalks must be constructed +and maintained in accordance with the following regulations: +               (aa)   A building with a floor area ratio of more than 15 to one +is subject to the requirements of the CA-1(A)-CP district in Subparagraph (ii). +               (bb)   A building with a floor area ratio of 15 to one or less +must have an average sidewalk width of 15 feet and a minimum sidewalk width of +nine feet that is unobstructed by any structure or planting. +            (iv)   In a CA-1(A) district without a CP or SP overlay district +designation, sidewalks must be constructed and maintained in accordance with +the following regulations: +               (aa)   A building with a floor area ratio of more than 15 to one +is subject to the requirements of the CA-1(A)-CP district in Subparagraph (ii). +               (bb)   A building with a floor area ratio of 10 to one through +15 to one must have an average sidewalk width of 15 feet and a minimum sidewalk +width of nine feet that is unobstructed by any structure. +               (cc)   All other buildings must provide a minimum sidewalk width +of 10 feet with seven feet unobstructed by any structure or planting. +            (v)   Waiver of sidewalk width requirements. An applicant for a +sidewalk width waiver shall submit an application to the director on a form +approved by the director and signed by all owners of property abutting the +sidewalk. The director shall take into account the needs of pedestrians and the +proximity of the sidewalk to intersections and crosswalks, transit stops, parks +and playgrounds, and other pedestrian-intensive areas when considering the +application. The director may grant a sidewalk waiver if the director finds: +               (aa)   the potential pedestrian traffic in the area does not +warrant the width of the sidewalk required; +               (bb)   the waiver will facilitate an amenity that promotes +pedestrian activity such as sidewalk seating areas, enhanced landscaping, or +retail kiosks; or +               (cc)   there are sufficient alternative pedestrian passageways +to accommodate pedestrian traffic in the area. +The granting of a waiver does not preclude the city from requiring compliance +with all sidewalk standards at some later time and assessing the abutting +owners for the cost of the installation or replacement. +      (9)   Commercial parking garages and surface parking lots. +         (A)   Intent. The intent of this paragraph is to create a distinct +boundary between public space and private parking facilities, raise the +aesthetic standards for parking facilities, and improve the quality of right- +of-ways. +         (B)   Definitions. In this paragraph: +            (i)   COMMERCIAL PARKING GARAGE means a multistory vehicle parking +facility that is operated as a business enterprise by charging a fee for +parking. +            (ii)   CORNER LANDSCAPING AREA means an area of any shape abutting +the intersection of two right-of-ways equal to the area on a surface parking +lot covered by a triangle formed by connecting together the point of +intersection of adjacent right-of-way lines and points on each of the right-of- +way lines 12.5 percent of the length of the surface parking lot’s right-of-way +frontage from the intersection, but in no case to exceed 225 square feet. +            (iii)   PARKWAY means the portion of a right-of-way located between +the street curb and the property line of an adjoining commercial parking garage +or surface parking lot. +            (iv)   RIGHT-OF-WAY means an area dedicated to public use for +pedestrian and vehicular movement, but does not include alleys. +            (v)   SELF-PARK SPACE means a parking space where a customer parks +his vehicle and it remains there until a customer drives it away. It does not +include a space where an attendant parks a customer vehicle. +            (vi)   STRIP LANDSCAPING AREA means an area 1.5 feet in width +abutting the parkway (or right-of-way if there is no parkway) and extending the +length of the street frontage of a surface parking lot, excluding the corner +landscaping area and openings for pedestrian and vehicular access. +            (vii)   SURFACE PARKING LOT means an at-grade parking lot that is +operated as a business enterprise by charging a fee for parking. +            (viii)   WROUGHT IRON includes metal that resembles wrought iron in +appearance. +         (C)   Site plan. +            (i)   When required. A site plan must be submitted to and approved +by the building official in accordance with this subparagraph before a building +permit or certificate of occupancy may be issued. +            (ii)   Requisites. The site plan must include the following +information: +               (aa)   The number of existing and proposed parking spaces on the +property. +               (bb)   The location and dimensions of the property. +               (cc)   The location and dimensions of all existing and proposed +off-street parking and loading areas, parking bays, aisles, driveways, +pedestrian access openings, and attendant booths. +               (dd)   The location and type of all existing and proposed +landscaping, fencing, trash receptacles, lighting, and signs. +               (ee)   Any other reasonable and pertinent information that the +building official determines to be necessary for site plan review. +            (iii)   Development. If a site plan is approved by the building +official, development of the property must be in accordance with the site plan. +         (D)   Construction. +            (i)   Slope. The entire surface of a surface parking lot may not +deviate more than seven degrees from the horizontal plane. No portion of the +surface may deviate more than 12 degrees from the horizontal plane. +            (ii)   Driveways. No more than one two-way driveway or two one-way +driveways may be maintained for each 300 feet, or fraction thereof, of frontage +of a surface parking lot. This provision does not require the closure or +relocation of driveways existing as of January 28, 2004. +            (iii)   Pervious surface. The use of pervious surfacing materials +for surface parking lots is encouraged. +         (E)   Striping. All self-park spaces must be clearly and permanently +identified by stripes. All self-park spaces for compact cars must be at least +7.5- foot wide stalls and must be clearly and permanently marked “compact car +only.” All other self-park spaces must be at least 8-foot wide stalls. Except +as specified in this provision, these spaces must be provided and striped in +accordance with Section +51A-4.301(d)(1). +         (F)   Lighting. +            (i)   Requirement. The following must be lighted between one-half +hour after sunset and 2:30 a.m. and between 6:00 a.m. and one-half hour before +sunrise: +               (aa)   A surface parking lot. +               (bb)   The first story of an above-grade commercial parking +garage. +               (cc)   All other portions of a commercial parking garage that +are accessible to pedestrians or vehicles during the time between one-half hour +after sunset and one-half hour before sunrise. +            (ii)   Intensity. The intensity of required lighting on the surface +where vehicles are parked must be: +               (aa)   an average of at least two footcandles, initial +measurement, and at least one footcandle on a maintained basis; and +               (bb)   a minimum at any point of at least 0.6 footcandle +initial, and at least 0.3 footcandle maintained or one-third of the average +footcandle measurement for the lighted area, whichever is greater. +            (iii)   Type of fixtures. Light sources must be indirect, diffused, +or shielded-type fixtures, installed to reduce glare and the consequent +interference with boundary streets. Bare bulbs or strings of lamps are +prohibited. +            (iv)   Location of fixtures for surface parking lots. Fixtures must +be attached to buildings or mounted on permanent poles. Fixtures may be located +on adjoining property. This requirement does not apply to commercial parking +garages. +            (v)   Height of fixtures for surface parking lots. Fixtures on +surface parking lots must be at least 20 feet above the lot surface. This +requirement does not apply to commercial parking garages. +            (vi)   Reconciliation. This subparagraph controls over Section +51A-4.301(e). +         (G)   Trash receptacles. At least one trash receptacle must be +provided for each commercial parking garage or surface parking lot. Trash +receptacles must not have a fluorescent color. +         (H)   Attendant booths. An attendant booth may not be constructed of +flammable materials or have a fluorescent color. +         (I)   Access openings. +            (i)   Access openings for surface parking lots may not exceed: +               (aa)   30 feet in width for a two-way drive. +               (bb)   20 feet in width for a one-way drive. +               (cc)   10 feet in width for pedestrian access openings. +            (ii)   At least one pedestrian access opening must be provided for +each commercial parking garage and surface parking lot. The spacing between +pedestrian access openings must be from 30 feet to 150 feet. +            (iii)   This subparagraph does not require the closure or +relocation of access openings existing as of January 28, 2004. +         (J)   Fencing. +            (i)   Fencing must be provided: +               (aa)   For surface parking lots, along an abutting right-of-way, +excluding openings for pedestrian and vehicular access. Fencing may be located +behind a corner landscaping area. +               (bb)   For commercial parking garages, to eliminate openings not +intended for pedestrian and vehicular access in the first story above grade +where the garage abuts the right-of-way. +               (cc)   Fencing is not required along a DART right-of-way if DART +has provided fencing along the right-of-way. +            (ii)   Surface parking lots in the middle of a blockface with +buildings on both adjoining lots and less than 100 feet of frontage and all +commercial parking garages must have wrought iron fencing. +            (iii)   All other surface parking lots must have: +               (aa)   a wrought iron fencing; +               (bb)   bollards; +               (cc)   post-and-cable fencing; or +               (dd)   other fencing that is in keeping with the intent of this +paragraph, as determined by the director. +            (iv)   If a wrought iron fence is provided: +               (aa)   it must be at least 36 inches in height; +               (bb)   its bars must be spaced no more than eight inches apart; +and +               (cc)   it may have a foundation that does not exceed twelve +inches in height. +            (v)   If bollards are provided, each bollard must be: +               (aa)   constructed of concrete, brick or stone; +               (bb)   at least eight inches in width or diameter; +               (cc)   at least 30 inches in height; +               (dd)   no more than seven feet from another bollard, unless +connected by a metal chain, in which case they may be no more than nine feet +from another bollard. +            (vi)   If post-and-cable fencing is provided, the posts must: +               (aa)   be finished metal with caps; +               (bb)   have a minimum diameter of two and one-half inches; +               (cc)   be spaced no more than 18 feet apart; and +               (dd)   be connected with stainless steel tension cable. +         (K)   Landscaping. +            (i)   Parkway landscaping requirement for commercial parking +garages and surface parking lots. Unless a parkway landscape permit is denied +or revoked, one tree or shrub must be provided in the adjoining parkway for +each 30 feet along the frontage abutting the right-of-way. This provision does +not apply to commercial parking garages or surface parking lots existing as of +January 28, 2004. +            (ii)   Perimeter landscaping requirement for surface parking lots. +The corner landscaping area must be planted with a combination of ground cover, +shrubs, and trees, or used for kiosks with decorative paving. As used in this +subparagraph, ”kiosk” means a multi-sided structure for the display of premise +and non-premise signs. The strip landscaping area must be planted with a +combination of ground cover, shrubs, and trees. Car bumpers may overhang the +strip landscaping area. +            (iii)   Exemption along certain DART right-of-ways. Landscaping is +not required along a DART right-of-way if DART has provided landscaping along +the right-of-way. +            (iv)   Exemption for certain small surface parking lots. +Landscaping is not required for surface parking lots with a total area of +10,000 square feet or less, unless two or more contiguous lots have an +aggregate area of 10,000 square feet or more. +            (v)   Alternative landscape plan. The director may approve an +alternative landscape plan only if compliance with this paragraph is not +possible, the inability to comply is not self-created, and the alternative +landscape plan is in keeping with the intent of this paragraph. An alternative +landscape plan may include placement of landscaping in alternative locations. +An alternative landscape plan may reduce the square footage of landscape area +if additional trees or shrubs are provided. +            (vi)   Trees. All trees provided must be recommended for local area +use by the director. Each tree planted must have a caliper of at least two and +one-half inches. +            (vii)   Shrubs. All shrubs provided must be recommended for local +area use by the director. Each shrub provided must be at least 30 inches in +height. +            (viii)   Minimum tree clearance. All portions of a tree above +street pavement must be at least thirteen and one-half feet in height. +            (ix)   Tree grates. Tree grates conforming to state and federal +standards and specifications adopted to eliminate, insofar as possible, +architectural barriers encountered by aged, handicapped, or disabled persons, +and of a size adequate to permit healthy tree growth must be provided for all +trees planted within a public sidewalk. +            (x)   Private license granted. The city council hereby grants a +private license to the owners of all commercial parking garages and surface +parking lots in this district for the exclusive purpose of authorizing +compliance with the parkway landscaping requirements. A property owner is not +required to pay an initial or annual fee for this license. This private license +shall not terminate at the end of any specific time period, however, the city +council retains the right to terminate this license whenever in its judgment +the purpose or use of this license is inconsistent with the public use of the +right-of-way or whenever the purpose or use of this license is likely to become +a nuisance. A property owner is not required to comply with any landscaping +requirement of this subparagraph if compliance is made impossible due to the +termination of this license. This provision controls over +Article VI, “License for Use of Public Right-of-Way,” of +Chapter 43, “Streets and Sidewalks,” of this code. Note: This private license +does not eliminate the need for a parkway landscape permit or commercial +general liability insurance. +            (xi)   Parkway landscape permit. A parkway landscape permit must be +obtained from the director for all landscaping in the parkway. +               (aa)   An application for a parkway landscape permit must be in +writing on a form approved by the director and accompanied by plans or drawings +showing the area of the parkway affected and the planting proposed. +               (bb)   Upon receipt of the application, the director shall +circulate it to all affected city departments, utilities, and other franchise +holders for review and comment. If, after receiving those comments, the +director determines that the construction and planting proposed will not be +inconsistent with and will not unreasonably impair the public use of the right- +of-way, he shall issue a parkway landscape permit to the property owner; +otherwise, he shall deny the permit. +               (cc)   A parkway landscape permit issued by the director is +subject to immediate revocation upon written notice if at any time he +determines that the use of the parkway authorized by the permit is inconsistent +with or unreasonably impairs the public use of the right-of-way. +               (dd)   The issuance of a parkway landscape permit under this +subparagraph does not excuse the property owner, his agents, or employees from +liability in the installation or maintenance of trees or shrubs in the right- +of-way. +            (xii)   Xeriscape. The use of xeriscape is encouraged. +         (L)   Additional regulations. All commercial parking garages and +surface parking lots must comply with Subsection (e), “Wheel Guards and +Barriers,” Subsection (f), “Passenger Unloading Zone Required in Certain +Cases,” and Subsection (g), “Stacking Space Required in Certain Cases,” of +Section +51A-4.306, “Off-Street Parking in the Central Business District.” Consult +Section +51A-4.306, “Off-Street Parking in the Central Business District,” for +regulations concerning off-street parking in the Central Business District. +         (M)   Compliance. +            (i)   All commercial parking garages and surface parking lots in +the Central Subdistrict must comply with this paragraph before January 28, +2007. Fencing within the Central Subdistrict is required only when the City +Center Tax Increment Financing District finances its installation. As used in +this subparagraph, “Central Subdistrict” means the area bounded by Ross Avenue, +Pearl Street, Bryan Street, Central Expressway, Live Oak Street, Olive Street, +Harwood Street, Young Street, Akard Street, Wood Street, and Griffin Street. +            (ii)   All commercial parking garages and surface parking lots in +the Secondary Subdistrict must comply with this paragraph before January 28, +2009. As used in this subparagraph, “Secondary Subdistrict” means the area with +CA-1(A) zoning inside the Central Business District (including property under +the freeways), but excluding the Central Subdistrict. +         (N)   Maintenance. +            (i)   Any improvements required by this paragraph must be properly +maintained in a state of good repair and neat appearance at all times. +            (ii)   Plant materials required by this paragraph must be +maintained in a healthy, growing condition at all times. +         (O)   Special exception. +            (i)   In general. The board of adjustment may grant a special +exception to any requirement of this paragraph if the board finds, after a +public hearing, the special exception will not adversely affect the other +properties within the subdistrict and strict compliance with the requirement +would result in unnecessary hardship. If the board grants a special exception, +it must specify the length of time the special exception is effective. +            (ii)   Lighting. The board shall not grant a special exception to a +lighting requirement unless the board also finds, after a public hearing, that +the special exception will not compromise the safety of persons using the +parking. In determining whether to grant this special exception, the board +shall consider: +               (aa)   the extent to which the parking will be used after dark; +               (bb)   the crime statistics for the area; +               (cc)   the extent to which adequate lighting may be provided by +light sources located on adjacent property; and +               (dd)   the extent to which the commercial parking garage or +surface parking lot will be secured by fences, gates, and chains. +   (b)   CA-2(A) district. +      (1)   Purpose. This district is provided to accommodate existing +development in the central area of the city, to encourage the most appropriate +future use of land, and to prevent the increase of street congestion. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business services uses. +            --   Building repair and maintenance shop. +            --   Bus or rail transit vehicle maintenance or storage facility. +            --   Catering service. +            --   Commercial cleaning or laundry plant. +            --   Custom business services. +            --   Custom woodworking, furniture construction, or repair. +            --   Electronics service center. +            --   Job or lithographic printing. +            --   Labor hall. [SUP] +            --   Medical or scientific laboratory. +            --   Technical school. +            --   Tool or equipment rental. +            --   Vehicle or engine repair or maintenance. [DIR] +         (C)   Industrial uses. +            --   Alcoholic beverage manufacturing. [SUP] +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. +            --   Church. +            --   College, university, or seminary. +            --   Community service center. +            --   Convalescent and nursing homes, hospice care, and related +institutions. +            --   Convent or monastery. +            --   Foster home. +            --   Halfway house. [SUP] +            --   Hospital. +            --   Library, art gallery, or museum. +            --   Open-enrollment charter school or private school. [SUP] +            --   Public school other than an open-enrollment charter school. +         (E)   Lodging uses. +            --   Extended stay hotel or motel. [SUP] +            --   Hotel or motel. +            --   Lodging or boarding house. +            --   Overnight general purpose shelter. [See Section +51A-4.205(2.1).] +            --   Short-term rental lodging. +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Alternative financial establishment. [SUP] +            --   Financial institution without drive-in window. +            --   Financial institution with drive-in window. [DIR] +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity or sorority house. +            --   Duplex. +            --   Group residential facility. [See Section +51A-4.209(3).] +            --   Handicapped group dwelling unit. [See Section +51A-4.209 (3.1).] +            --   Multifamily. +            --   Residential hotel. +            --   Retirement housing. +            --   Single family. +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210(b)(4).] +            --   Ambulance service. +            --   Auto service center. +            --   Business school. +            --   Commercial amusement (inside). [SUP may be required. See +Section +51A-4.210(b)(7)(B).] +            --   Commercial amusement (outside). +            --   Commercial parking lot or garage. +            --   Dry cleaning or laundry store. +            --   Furniture store. +            --   General merchandise or food store 3,500 square feet or less. +            --   General merchandise or food store greater than 3,500 square +feet. +            --   General merchandise or food store 100,000 square feet or more. +            --   Household equipment and appliance repair. +            --   Liquor store. +            --   Mortuary, funeral home, or commercial wedding chapel. +            --   Motor vehicle fueling station. +            --   Nursery, garden shop, or plant sales. +            --   Outside sales. +            --   Personal service uses. +            --   Restaurant without drive-in or drive-through service. +            --   Restaurant with drive-in or drive-through service. [SUP] +            --   Swap or buy shop. [SUP] +            --   Taxidermist. +            --   Temporary retail use. +            --   Theater. +            --   Vehicle display, sales, and service. [SUP] +         (K)   Transportation uses. +            --   Commercial bus station and terminal. [DIR] +            --   Heliport. [SUP] +            --   Helistop. [SUP] +            --   Private street or alley. [SUP] +            --   Railroad passenger station. +            --   Railroad yard, roundhouse, or shops. +            --   STOL (short takeoff or landing) port. [SUP] +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. +         (L)   Utility and public service uses. +            --   Commercial radio or television transmitting station. +            --   Electrical substation. +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. +            --   Post office. +            --   Radio, television, or microwave tower. +            --   Sewage treatment plant. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. +            --   Water treatment plant. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Freight terminal. [DIR] +            --   Mini-warehouse. +            --   Office showroom/warehouse. +            --   Outside storage. [SUP] +            --   Recycling buy-back center. [See Section +51A-4.213(11).] +            --   Recycling collection center. [See Section +51A-4.213(11.1).] +            --   Recycling drop-off container. [See Section +51A-4.213(11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213(11.3).] +            --   Trade center. +            --   Warehouse. +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. In this district, the following accessory use is permitted by SUP +only: +         (A)   Reserved. +         (B)   In this district, the following accessory use is permitted by +SUP only: +            --   Accessory helistop. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217 (3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. There is no minimum front yard. +         (B)   Side and rear yard. +            (i)   Minimum side yard is: +               (aa)   five feet for duplex structures; +               (bb)   10 feet for multifamily structures 36 feet or less in +height; and +               (cc)   no minimum in all other cases. +            (ii)   Minimum rear yard is: +               (aa)   10 feet for duplex structures; +               (bb)   15 feet for multifamily structures 36 feet or less in +height; and +               (cc)   no minimum in all other cases. +         (C)   Dwelling unit density. No maximum dwelling unit density. +         (D)   Floor area ratio. Maximum floor area ratio is 20.0. +         (E)   Height. Maximum structure height is any legal height. +         (F)   Lot coverage. Maximum lot coverage is 100 percent. +         (G)   Lot size. Minimum lot area per dwelling unit is as follows: +TYPE OF STRUCTURE  MINIMUM LOT AREA + PER DWELLING UNIT +TYPE OF STRUCTURE    MINIMUM LOT AREA + PER DWELLING UNIT +Single family 1000 sq. ft. +Duplex 2500 sq. ft. +Multifamily: +   No separate bedroom 50 sq. ft. +   One bedroom 65 sq. ft. +   Two bedrooms 75 sq. ft. +   More than two bedrooms 10 sq. ft. +(Add this amount for each bedroom over two) +  +         (H)   Stories. No maximum number of stories. +      (5)   Off-street parking and loading. In this district, for all uses +except single family and duplex, off-street parking is only required for a +building built after June 1, 1981, or an addition to an existing building, at a +ratio of one parking space for each 2,000 square feet of floor area which +exceeds 5,000 square feet. No off-street parking is required for a building +with 5,000 square feet or less of floor area. If there is a conflict, this +paragraph controls over other off-street parking regulations in this chapter. +Consult the off-street parking and loading regulations (Division +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Single family structure spacing. In this district, a minimum of +15 feet between each group of eight single family structures must be provided +by plat. (Ord. Nos. 19455; 19786; 19806; 19912; 20242; 20273; 20361; 20625; +20731; 20752; 20895; 20902; 20920; 20950; 21001; 21002; 21044; 21259; 21314; +21735; 21960; 22097; 22139; 22204; 22531; 22799; 24232; 24271; 24543; 24857; +25047; 25133; 25487; 25785; 26920; 28073; 28125; 28214; 28272; 28700; 29128; +29917; 30932; 32209; 32482) +SEC. 51A-4.125.   MIXED USE DISTRICTS. +   (a)   In general. Single or multiple uses may be developed on one site in a +mixed use district as in any other district; however, in order to encourage a +mixture of uses and promote innovative and energy conscious design, efficient +circulation systems, the conservation of land, and the minimization of +vehicular travel, density bonuses are awarded to developments that qualify as +“mixed use projects” as defined in Subsection (b). If a development does not +qualify as an MUP, it is limited to a “base” dwelling unit density and floor +area ratio. When a development qualifies as an MUP, it earns a higher maximum +dwelling unit density and floor area ratio and, in some instances, a greater +maximum structure height. Additional FAR bonuses are incrementally awarded to +encourage the inclusion of “residential” as part of an MUP. The exact +increments of increase vary depending on the actual use categories mixed and +the district that the MUP is in. For more information regarding the exact +increments of increase, consult the yard, lot, and space regulations in this +section governing the particular district of interest. +   (b)   Qualifying as a mixed use project. To qualify as a MIXED USE PROJECT +(MUP) for purposes of this section, a development must contain uses in two or +more of the following categories, and the combined floor areas of the uses in +each category must equal or exceed the following percentages of the total floor +area of the project: +  +MU-1 AND MU-1(SAH) DISTRICTS +Use Category % of Total Floor Area +Lodging 15% +Office 15% +Residential 15% +Retail and personal service 10% +  +  +MU-2 AND MU-2(SAH) DISTRICTS +Use Category % of Total Floor Area +Lodging 10% +Office 15% +Residential 10% +Retail and personal service 5% +  +  +MU-3 AND MU-3(SAH) DISTRICTS +Use Category % of Total Floor Area +Lodging 10% +Office 15% +Residential 10% +Retail and personal service 5% +Wholesale, distribution, and storage 15% +  +   (c)   Mixed use project (MUP) regulations. +      (1)   If an MUP is proposed, a project plan must be submitted to and +approved by the building official. +      (2)   If an MUP is constructed in phases: +         (A)   the first phase must independently qualify as an MUP under +Subsection (b); and +         (B)   each subsequent phase combined with all previous phases already +completed or under construction must also qualify as an MUP under Subsection +(b). +      (3)   An MUP may consist of two or more building sites if they are +developed under a unified development plan. The plan must be: +         (A)   signed by or on behalf of all of the owners of the property +involved; +         (B)   approved by the building official; and +         (C)   filed in the deed records of the county where the property is +located. +      (4)   When an MUP consists of multiple building sites, its development +standards and off-street parking and loading requirements are calculated by +combining the sites and treating them as a single building site. +   (d)   MU-1 and MU-1(SAH) districts. +      (1)   Purpose. To provide for the development of moderate density retail, +office, and/or multifamily residential uses in combination on single or +contiguous building sites; to encourage innovative and energy conscious design, +efficient circulation systems, the conservation of land, and the minimization +of vehicular travel. Additionally, the MU-1(SAH) district is created to +encourage the provision of affordable housing. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            --   Catering service. +            --   Custom business services. +            --   Electronics service center. +            --   Labor hall. [SUP] +            --   Medical or scientific laboratory. [SUP] +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. +            --   Church. +            --   College, university or seminary. +            --   Community service center. [SUP] +            --   Convalescent and nursing homes, hospice care, and related +institutions. [RAR] +            --   Convent or monastery. +            --   Foster home. +            --   Hospital. [SUP] +            --   Library, art gallery, or museum. +            --   Open-enrollment charter school or private school. [SUP] +            --   Public school other than an open-enrollment charter school. +[RAR] +         (E)   Lodging uses. +            --   Extended stay hotel or motel. [SUP] +            --   Hotel or motel. [RAR] or [SUP] [See Section +51A-4.205(1).] +            --   Short-term rental lodging. +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Financial institution without drive-in window. +  ��         --   Financial institution with drive-in window. [DIR] +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity, or sorority house. +            --   Duplex. +            --   Group residential facility. [See Section +51A-4.209(3).] +            --   Handicapped group dwelling unit. [See Section +51A-4.209 (3.1).] +            --   Multifamily. +            --   Residential hotel. +            --   Retirement housing. +            --   Single family. +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210(b)(4).] +            --   Animal shelter or clinic without outside runs. [RAR] +            --   Auto service center. [RAR] +            --   Business school. +            --   Car wash. [RAR] +            --   Commercial amusement (inside). [SUP may be required. See +Section +51A-4.210(b)(7)(B).] +            --   Commercial amusement (outside). [SUP] +            --   Commercial parking lot or garage. [RAR] +            --   Dry cleaning or laundry store. +            --   Furniture store. +            --   General merchandise or food store 3,500 square feet or less. +            --   General merchandise or food store greater than 3,500 square +feet. +            --   General merchandise or food store 100,000 square feet or more. +[SUP] +            --   Mortuary, funeral home, or commercial wedding chapel. +            --   Motor vehicle fueling station. +            --   Nursery, garden shop, or plant sales. +            --   Paraphernalia shop. [SUP] +            --   Personal service uses. +            --   Restaurant without drive-in or drive-through service. [RAR] +            --   Restaurant with drive-in or drive-through service. [DIR] +            --   Swap or buy shop. [SUP] +            --   Temporary retail use. +            --   Theater. +         (K)   Transportation uses. +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [By SUP or city +council resolution. See Section +51A-4.211.] +         (L)   Utility and public service uses. +            --   Commercial radio or television transmitting station. +            --   Electrical substation. +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. +            --   Post office. +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Mini-warehouse. [SUP] +            --   Recycling buy-back center [See Section +51A-4.213 (11).] +            --   Recycling collection center. [See Section +51A-4.213 (11.1).] +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Private stable. +         (B)   In this district, the following accessory use is permitted by +SUP only: +            --   Accessory helistop. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217 (3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +   Except as provided in this paragraph, the following yard, lot, and space +regulations apply: +         (A)   Front yard. +            (i)   In general. Minimum front yard is 15 feet. +            (ii)   Urban form setback. An additional 20-foot front yard setback +is required for that portion of a structure above 45 feet in height. +         (B)   Side and rear yard. +            (i)   In general. Minimum side and rear yard is: +               (aa)   20 feet where adjacent to or directly across an alley +from an R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and +               (bb)   no minimum in all other cases. +            (ii)   Tower spacing. An additional side and rear yard setback of +one foot for each two feet in height above 45 feet is required for that portion +of a structure above 45 feet in height, up to a total setback of 30 feet. This +subparagraph does not require a total side or rear yard setback greater than 30 +feet. +         (C)   Dwelling unit density. +            (i)   MU-1 district. Maximum dwelling unit density varies depending +on whether the development is a "mixed use project" as follows: +  +MAXIMUM DWELLING UNIT DENSITY +(dwelling units per net acre) +Base (No MUP) MUP with Mix of 2 Categories MUP with Mix of 3 or More Categories +15 20 25 +  +            (ii)    MU-1(SAH) district. Maximum dwelling unit density varies +depending on whether a density bonus is obtained in accordance with Division +51A-4.900 and the development is a "mixed use project" as follows: +  +MAXIMUM DWELLING UNIT DENSITY +(dwelling units per net acre) +Percentage of SAH Units Base (No MUP) MUP with Mix of 2 MUP with Mix of 3 or +Provided Categories More Categories +0% 10 15 20 +20% 15 20 25 +  +         (D)   Floor area ratio. Maximum floor area ratio (FAR) varies +depending on whether the development is a "mixed use project" as follows: +[Note: The first column is the base FAR, which applies when there is no MUP. +The second column (MUP=2/no Res) is the FAR for an MUP with a mix of two use +categories when neither category is "residential." The third column (MUP=2/with +Res) is the FAR for an MUP with a mix of "residential" plus one other use +category. The fourth column (MUP=3/no Res) is the FAR for an MUP with a mix of +three or more use categories, none of which is "residential." The fifth column +(MUP=3/with Res) is the FAR for an MUP with a mix of "residential" plus two or +more other use categories.] +  +MAXIMUM FLOOR AREA RATIO +Use Categories Base MUP=2 MUP=2 MUP=3 MUP=3 + (no MUP) (no Res) (with Res) (no Res) (with Res) +Lodging 0.8 0.85 0.9 0.85 0.95 +Office 0.8 0.85 0.9 0.85 0.95 +Residential 0.8 --- 0.95 --- 0.95 +Retail and personal service 0.4 0.5 0.5 0.6 0.6 +TOTAL DEVELOPMENT 0.8 0.9 1.0 1.0 1.1 +  +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height varies depending on whether the development is a +"mixed use project" as follows: +[Note: The first column is the base height, which applies when there is no MUP. +The second column (MUP/No Retail) is the height for an MUP with a mix of two +use categories when neither category is "retail and personal service." The +third column (MUP/with Retail) is the height for an MUP with a mix of "retail +and personal service" plus one or more other use categories.] +  +MAXIMUM STRUCTURE HEIGHT +(in feet) +Base MUP with Mix MUP +(No MUP) (No Retail) (with Retail) +80 90 120 +  +         (F)   Lot coverage. Maximum lot coverage is 80 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. No minimum lot size. +         (H)   Stories. +            (i)   Maximum number of stories above grade is: +               (aa)    seven when the maximum structure height is 90 feet; and +               (bb)   nine when the maximum structure height is 120 feet. +            (ii)   Parking garages are exempt from this requirement, but must +comply with the height regulations of Subparagraph (E). +         (I)   Development bonuses for mixed-income housing. In an MU- +1 district, certain regulations vary depending on whether a development bonus +is obtained in accordance with Division +51A-4.1100 as follows: +            (i)   Maximum dwelling unit density. Except as provided in this +paragraph, the following density bonuses apply: + Set aside minimums (% of total Additional Maximum Unit Density: 51A- + residential units reserved in each 4.125(d)(4)(C), plus: + income band, adjusted annually) + Set aside minimums (% of Additional Maximum Unit + total residential units Density: 51A-4.125(d)(4)(C), + reserved in each income plus: + band, adjusted annually) +MVA Category A, B, C 5% at Income band 3 65 per acre + 5% at Income band 3; and 80 per acre + 5% at Income band 2 + 5% at Income band 3; + 5% at Income band 2; and 105 per acre + 5% at Income band 1 +MVA Category D, E, F 5% at Income band 2 65 per acre + 10% at Income band 2; 80 per acre + 10% at Income band 2; and 105 per acre + 5% at Income band 1 +MVA Categories G, H, I 5% at Income band 1 105 per acre +  +            (ii)    Residential proximity slope. In addition to the items +listed in Section +51A-4.408(a)(2)(A), the following additional items may project through the +residential proximity slope to a height not to exceed the maximum structure +height, or four feet above the slope, whichever is less: +               (aa)    railings; +               (bb)    parapet walls; +               (cc)    trellises; and +               (dd)    structures such as wind barriers, wing walls, and patio +dividing walls. +            (iii)   Floor area ratio. In calculating the maximum floor area +ratios in Subparagraph (D), residential uses are not included. +            (iv)    Developments with transit proximity. For developments with +transit proximity as defined in Section +51A-4.1102, an additional bonus of 15 dwelling units is allowed and the maximum +lot coverage is 85 percent. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Development impact review. A site plan must be submitted and +approved in accordance with the requirements of Section +51A-4.803 before an application is made for a permit for work in this district +if the estimated trip generation for all uses on the lot collectively is equal +to or greater than 6,000 trips per day and 500 trips per acre per day. See +Table 1 in Section +51A-4.803 to calculate estimated trip generation. +         (B)   Visual intrusion. No portion of any balcony or opening that +faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(SAH), MF-1(A), MF-2, MF- 2 +(A), or MF-2(SAH) district may penetrate or be located above a residential +proximity slope which originates in that district. (See Section 1A-4.412.) For +purposes of this paragraph, the term “opening” means an open and unobstructed +space or a transparent panel in an exterior wall or door from which there can +be visual surveillance into the yard of a residential use. +   (e)   MU-2 and MU-2(SAH) districts. +      (1)   Purpose. To provide for the development of medium density retail, +office, hotel, and/or multifamily residential uses in combination on single or +contiguous building sites; to encourage innovative and energy conscious design, +efficient circulation systems, the conservation of land, and the minimization +of vehicular travel. Additionally, the MU-2(SAH) district is created to +encourage the provision of affordable housing. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +          �� --   Crop production. +         (B)   Commercial and business service uses. +            --   Catering service. +            --   Custom business services. +            --   Electronics service center. +            --   Labor hall. [SUP] +            --   Medical or scientific laboratory. +            --   Tool or equipment rental. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. +            --   Church. +            --   College, university or seminary. +            --   Community service center. [SUP] +            --   Convalescent and nursing homes, hospice care, and related +institutions. [RAR] +            --   Convent or monastery. +            --   Foster home. +            --   Halfway house. [SUP] +            --   Hospital. [SUP] +            --   Library, art gallery, or museum. +            --   Open-enrollment charter school or private school. [SUP] +            --   Public school other than an open-enrollment charter school. +[RAR] +         (E)   Lodging uses. +            --   Extended stay hotel or motel. [SUP] +            --   Hotel or motel. [RAR] +            --   Overnight general purpose shelter. [See Section +51A-4.205(2.1).] +            --   Short-term rental lodging. +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Alternative financial establishment. [SUP] +            --   Financial institution without drive-in window. +            --   Financial institution with drive-in window. [DIR] +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity, or sorority house. +            --   Duplex. +            --   Group residential facility. [See Section +51A-4.209(3).] +            --   Multifamily. +            --   Residential hotel. +            --   Retirement housing. +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210(b)(4).] +            --   Animal shelter or clinic without outside runs. [RAR] +            --   Auto service center. [RAR] +            --   Business school. +            --   Car wash. [RAR] +            --   Commercial amusement (inside). [SUP may be required. See +Section +51A-4.210(b)(7)(B).] +            --   Commercial amusement (outside). [SUP] +            --   Commercial parking lot or garage. [RAR] +            --   Convenience store with drive-through. [SUP] +            --   Dry cleaning or laundry store. +            --   Furniture store. +            --   General merchandise or food store 3,500 square feet or less. +            --   General merchandise or food store greater than 3,500 square +feet. +            --   General merchandise or food store 100,000 square feet or more. +[SUP] +            --   Household equipment and appliance repair. +            --   Liquor store. +            --   Mortuary, funeral home, or commercial wedding chapel. +            --   Motor vehicle fueling station. +            --   Nursery, garden shop, or plant sales. +            --   Paraphernalia shop. [SUP] +            --   Personal service uses. +            --   Restaurant without drive-in or drive-through service. [RAR] +            --   Restaurant with drive-in or drive-through service. [DIR] +            --   Swap or buy shop. [SUP] +            --   Temporary retail use. +            --   Theater. +         (K)   Transportation uses. +            --   Helistop. [SUP] +            --   Railroad passenger station. [SUP] +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [By SUP or city +council resolution. See Section +51A-4.211.] +         (L)   Utility and public service uses. +            --   Commercial radio or television transmitting station. +            --   Electrical substation. +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. +            --   Post office. +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Mini-warehouse. [SUP] +            --   Recycling buy-back center [See Section +51A-4.213 (11).] +            --   Recycling collection center. [See Section +51A-4.213 (11.1).] +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Private stable. +         (B)   In this district, the following accessory use is permitted by +SUP only: +            --   Accessory helistop. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217 (3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +   Except as provided in this paragraph, the following yard, lot, and space +regulations apply. +         (A)   Front yard. +            (i)   In general. Minimum front yard is 15 feet. +            (ii)   Urban form setback. An additional 20-foot front yard setback +is required for that portion of a structure above 45 feet in height. +         (B)   Side and rear yard. +            (i)   In general. Minimum side and rear yard is: +               (aa)   20 feet where adjacent to or directly across an alley +from an R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and +               (bb)   no minimum in all other cases. +            (ii)   Tower spacing. An additional side and rear yard setback of +one foot for each two feet in height above 45 feet is required for that portion +of a structure above 45 feet in height up to a total setback of 30 feet. This +subparagraph does not require a total side or rear yard setback greater than 30 +feet. +         (C)   Dwelling unit density. +            (i)   MU-2 district. Maximum dwelling unit density varies depending +on whether the development is a "mixed use project" as follows: +  +MAXIMUM DWELLING UNIT DENSITY +(dwelling units per net acre) +Base MUP with Mix of 2 Categories MUP with Mix of 3 or More Categories +(No MUP) +50 75 100 +  +            (ii)    MU-2(SAH) district. Maximum dwelling unit density varies +depending on whether a density bonus is obtained in accordance with Division +51A-4.900 and whether the development is a "mixed use project" as follows: +  +MAXIMUM DWELLING UNIT DENSITY +(dwelling units per net acre) +Percentage of SAH Units Base (No MUP) MUP with Mix of 2 MUP with Mix of 3 or +Provided Categories More Categories +0% 30 45 60 +5% 33 50 65 +10% 37 55 70 +15% 42 60 75 +20% 50 75 100 +  +         (D)   Floor area ratio. Maximum floor area ratio (FAR) varies +depending on whether the development is a "mixed use project" as follows: +[Note: The first column is the base FAR, which applies when there is no MUP. +The second column (MUP=2/no Res) is the FAR for an MUP with a mix of two use +categories when neither category is "residential." The third column (MUP=2/with +Res) is the FAR for an MUP with a mix of "residential" plus one other use +category. The fourth column (MUP=3/no Res) is the FAR for an MUP with a mix of +three or more use categories, none of which is "residential." The fifth column +(MUP=3/with Res) is the FAR for an MUP with a mix of "residential" plus two or +more other use categories.] +  +MAXIMUM FLOOR AREA RATIO +Use Categories Base MUP=2 MUP=2 MUP=3 MUP=3 + (no MUP) (no Res) (with Res) (no Res) (with Res) +Lodging 1.6 1.7 1.8 1.8 1.9 +Office 1.6 1.7 1.8 1.8 1.9 +Residential 1.6 -- 1.8 -- 1.9 +Retail and personal service 0.6 0.7 0.7 0.8 0.8 +TOTAL DEVELOPMENT 1.6 1.8 2.0 2.0 2.25 +  +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height varies depending on whether the development is a +"mixed use project" as follows: +[Note: The first column is the base height, which applies when there is no MUP. +The second column (MUP/no Retail) is the height for an MUP with a mix of two +use categories when neither category is "retail and personal service." The +third column (MUP/with Retail) is the height for an MUP with a mix of "retail +and personal service" plus one or more other use categories.] +  +MAXIMUM STRUCTURE HEIGHT +(in feet) +Base (No MUP) MUP (No Retail) MUP with Retail +135 135 180 +  +         (F)   Lot coverage. Maximum lot coverage is 80 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. No minimum lot size. +         (H)   Stories. +            (i)   Maximum number of stories above grade is: +               (aa)   10 when the maximum structure height is 135 feet; and +               (bb)   14 when the maximum structure height is 180 feet. +            (ii)   Parking garages are exempt from this requirement, but must +comply with the height regulations of Subparagraph (E). +         (I)   Development bonuses for mixed-income housing. In an MU- +2 district, certain regulations vary depending on whether a development bonus +is obtained in accordance with Division +51A-4.1100 as follows: +            (i)   Maximum dwelling unit density. Except as provided in this +paragraph, the following density bonuses apply: + Set aside minimums (% of total Additional Maximum Unit Density: 51A- + residential units reserved in each 4.125(e)(4)(C), plus: + income band, adjusted annually) + Set aside minimums (% of Additional Maximum Unit + total residential units Density: 51A-4.125(e)(4)(C), + reserved in each income plus: + band, adjusted annually) +MVA Categories A, B, C 5% at Income band 3 40 per acre + 5% at Income band 3; and 60 per acre + 5% at Income band 2 + 5% at Income band 3; + 5% at Income band 2; and 80 per acre + 5% at Income band 1 +MVA Categories D, E, F 5% at Income band 2 35 per acre + 10% at Income band 2; 55 per acre + 10% at Income band 2; and 75 per acre + 5% at Income band 1 +MVA Categories G, H, I 5% at Income band 1 75 per acre +  +            (ii)    Residential proximity slope. In addition to the items +listed in Section +51A-4.408 (a)(2)(A), the following additional items may project through the +residential proximity slope to a height not to exceed the maximum structure +height, or four feet above the slope, whichever is less: +               (aa)    railings; +               (bb)    parapet walls; +               (cc)    trellises; and +               (dd)    structures such as wind barriers, wing walls, and patio +dividing walls. +            (iii)   Floor area ratio. In calculating the maximum floor area +ratios in Subparagraph (D), residential uses are not included. +            (iv)    Developments with transit proximity. For developments with +transit proximity as defined in Section +51A-4.1102, an additional bonus of 15 dwelling units is allowed and the maximum +lot coverage is 85 percent. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Development impact review. A site plan must be submitted and +approved in accordance with the requirements of Section +51A-4.803 before an application is made for a permit for work in this district +if the estimated trip generation for all uses on the lot collectively is equal +to or greater than 6,000 trips per day and 500 trips per acre per day. See +Table 1 in Section +51A-4.803 to calculate estimated trip generation. +         (B)   Visual intrusion. No portion of any balcony or opening that +faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2 +(A), or MF-2(SAH) district may penetrate or be located above a residential +proximity slope which originates in that district. (See Section +51A-4.412.) For purposes of this paragraph, the term “opening” means an open +and unobstructed space or a transparent panel in an exterior wall or door from +which there can be visual surveillance into the yard of a residential use. +   (f)   MU-3 and MU-3(SAH) districts. +      (1)   Purpose. To provide for the development of high density retail, +office, hotel, and/or multifamily residential uses in combination on single or +contiguous building sites; to encourage innovative and energy conscious design, +efficient circulation systems, the conservation of land, and the minimization +of vehicular travel. Additionally, the MU-3(SAH) district is created to +encourage the provision of affordable housing. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            --   Catering service. +            --   Custom business services. +            --   Electronics service center. +            --   Labor hall. [SUP] +            --   Medical or scientific laboratory. +            --   Tool or equipment rental. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. +            --   Church. +            --   College, university or seminary. +            --   Community service center. [SUP] +            --   Convalescent and nursing homes, hospice care, and related +institutions. [RAR] +            --   Convent or monastery. +            --   Foster home. +            --   Halfway house. [SUP] +            --   Hospital. [RAR] +            --   Library, art gallery, or museum. +            --   Open-enrollment charter school or private school. [SUP] +            --   Public school other than an open-enrollment charter school. +[RAR] +         (E)   Lodging uses. +            --   Extended stay hotel or motel. [SUP] +            --   Hotel or motel. [RAR] +            --   Overnight general purpose shelter. [See Section +51A-4.205(2.1).] +            --   Short-term rental lodging. +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +         ��  --   Alternative financial establishment. [SUP] +            --   Financial institution without drive-in window. +            --   Financial institution with drive-in window. [DIR] +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory, fraternity or sorority house. +            --   Duplex. +            --   Group residential facility. [See Section +51A-4.209(3).] +            --   Multifamily. +            --   Residential hotel. +            --   Retirement housing. +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210(b)(4).] +            --   Animal shelter or clinic without outside runs. [RAR] +            --   Auto service center. [RAR] +            --   Business school. +            --   Car wash. [RAR] +            --   Commercial amusement (inside). [SUP may be required. See +Section +51A-4.210(b)(7)(B).] +            --   Commercial amusement (outside). [SUP] +            --   Commercial parking lot or garage. [RAR] +            --   Convenience store with drive-through. [SUP] +            --   Dry cleaning or laundry store. +            --   Furniture store. +            --   General merchandise or food store 3,500 square feet or less. +            --   General merchandise or food store greater than 3,500 square +feet. +            --   General merchandise or food store 100,000 square feet or more. +[SUP] +            --   Household equipment and appliance repair. +            --   Liquor store. +            --   Mortuary, funeral home, or commercial wedding chapel. +            --   Motor vehicle fueling station. +            --   Nursery, garden shop, or plant sales. +            --   Paraphernalia shop. [SUP] +            --   Personal service uses. +            --   Restaurant without drive-in or drive-through service. [RAR] +            --   Restaurant with drive-in or drive-through service. [DIR] +            --   Swap or buy shop. [SUP] +            --   Temporary retail use. +            --   Theater. +         (K)   Transportation uses. +            --   Heliport. [SUP] +            --   Helistop. [SUP] +            --   Railroad passenger station. [SUP] +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [By SUP or city +council resolution. See Section +51A-4.211.] +         (L)   Utility and public service uses. +            --   Commercial radio or television transmitting station. +            --   Electrical substation. +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. +            --   Post office. +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Mini-warehouse. [SUP] +            --   Office showroom/warehouse. +            --   Recycling buy-back center [See Section +51A-4.213 (11).] +            --   Recycling collection center. [See Section +51A-4.213 (11.1).] +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +            --   Trade center. +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory use is not permitted in this district: +            --   Private stable. +         (B)   Reserved. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217 (3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +   Except as provided in this paragraph, the following yard, lot, and space +regulations apply: +         (A)   Front yard. +            (i)   In general. Minimum front yard is 15 feet. +            (ii)   Urban form setback. An additional 20-foot front yard setback +is required for that portion of a structure above 45 feet in height. +         (B)   Side and rear yard. +            (i)   In general. Minimum side and rear yard is: +               (aa)   20 feet where adjacent to or directly across an alley +from an R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and +               (bb)   no minimum in all other cases. +            (ii)   Tower spacing. An additional side and rear yard setback of +one foot for each two feet in height above 45 feet is required for that portion +of a structure above 45 feet in height up to a total setback of 30 feet. This +subparagraph does not require a total side or rear yard setback greater than 30 +feet. +         (C)   Dwelling unit density. +            (i)   MU-3 district. No maximum dwelling unit density. +            (ii)    MU-3(SAH) district. Maximum dwelling unit density varies +depending on whether a density bonus is obtained in accordance with Division +51A-4.900 and whether the development is a "mixed use project" as follows: +  +MAXIMUM DWELLING UNIT DENSITY +(dwelling units per net acre) +Percentage of SAH Units Base (No MUP) MUP with Mix of 2 MUP with Mix of 3 +Provided Categories Categories +0% 50 50 50 +5% 53 55 55 +10% 57 60 60 +15% 62 65 65 +20%    NO MAXIMUM +  +         (D)   Floor area ratio. Maximum floor area ratio (FAR) varies +depending on whether the development is a "mixed use project" as follows: +[Note: The first column is the base FAR, which applies when there is no MUP. +The second column (MUP=2/no Res) is the FAR for an MUP with a mix of two use +categories when neither category is "residential." The third column (MUP=2/with +Res) is the FAR for an MUP with a mix of "residential" plus one other use +category. The fourth column (MUP=3/no Res) is the FAR for an MUP with a mix of +three or more use categories, none of which is "residential." The fifth column +(MUP=3/with Res) is the FAR for an MUP with a mix of "residential" plus two or +more other use categories.] +  +MAXIMUM FLOOR AREA RATIO +Use Categories Base MUP=2 MUP=2 (with Res) MUP=3 MUP=3 (with Res) + (no MUP) (no Res) (no Res) +Lodging 3.2 3.4 3.6 3.6 3.8 +Office 3.2 3.4 3.6 3.6 3.8 +Residential 3.2 -- 3.8 -- 3.8 +Retail and 2.0 2.6 3.0 3.2 3.75 +personal service +TOTAL DEVELOPMENT 3.2 3.6 4.0 4.0 4.5 +  +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is 270 feet. +         (F)   Lot coverage. Maximum lot coverage is 80 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. No minimum lot size. +         (H)   Stories. Maximum number of stories above grade is 20. Parking +garages are exempt from this requirement, but must comply with the height +regulations of Subparagraph (E). +         (I)   Development bonuses for mixed-income housing. In an MU- +3 district, certain regulations vary depending on whether a development bonus +is obtained in accordance with Division +51A-4.1100 as follows: +            (i)   Maximum floor area bonuses and lot coverage. Except as +provided in this paragraph, the following floor area bonuses and lot coverage +requirements apply: + Set aside minimums (% of + total residential units Floor Area Ratio: 51A-4.125 Maximum Lot coverage + reserved in each income (f)(4)(D ), plus: (residential) + band, adjusted annually) + Set aside minimums + (% of total Floor Area Ratio: + residential units 51A-4.125(f)(4)(D ), Maximum Lot coverage + reserved in each plus: (residential) + income band, + adjusted annually) +MVA Categories A, 5% at Income band 1.0 80% +B, C 3; + 5% at Income band + 3; and 2.0 85% + 5% at Income band 2 + 5% at Income band + 3; + 5% at Income band 3.0 85% + 2; and + 5% at Income band 1 +MVA Categories D, 5% at Income band 1.0 80% +E, F 2; + 10% at Income band 2.0 85% + 2 + 10% at Income band + 2; and 3.0 85% + 5% at Income band 1 +MVA Categories G, 5% at Income band 1 3.0 85% +H, I +  +            (ii)    Residential proximity slope. In addition to the items +listed in Section +51A-4.408 (a)(2)(A), the following additional items may project through the +residential proximity slope to a height not to exceed the maximum structure +height, or four feet above the slope, whichever is less: +                +               (aa)    railings; +               (bb)    parapet walls; +               (cc)    trellises; and +               (dd)    structures such as wind barriers, wing walls, and patio +dividing walls. +            (iii)   Floor area ratio. The floor area ratio bonuses in this +paragraph are limited to residential uses only. +            (iv)    Developments with transit proximity. For developments with +transit proximity as defined in Section +51A-4.1102, the maximum floor area ratio is increased by 1.0 above the FAR +allowed in this section (for example: if the allowed FAR for a mixed use +project is 4.0 and a development bonus of 1.5 is utilized, this transit +proximity bonus allows an FAR of 6.5) and the maximum lot coverage is 90 +percent. +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Development impact review. A site plan must be submitted and +approved in accordance with the requirements of Section +51A-4.803 before an application is made for a permit for work in this district +if the estimated trip generation for all uses on the lot collectively is equal +to or greater than 6,000 trips per day and 500 trips per acre per day. See +Table 1 in Section +51A-4.803 to calculate estimated trip generation. +         (B)   Visual intrusion. No portion of any balcony or opening that +faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2 +(A), or MF-2(SAH) district may penetrate or be located above a residential +proximity slope which originates in that district. (See Section +51A-4.412 .) For purposes of this paragraph, the term “opening” means an open +and unobstructed space or a transparent panel in an exterior wall or door from +which there can be visual surveillance into the yard of a residential use. +(Ord. Nos. 19455; 19786; 19806; 19808; 19912; 19931; 20237; 20242; 20273; +20380; 20382; 20625; 20895; 20902; 20920; 20928; 20950; 21002; 21044; 21259; +21314; 21399; 21400; 21442; 21663; 21735; 21796; 22139; 22204; 22531; 22782; +24232; 24271; 24543; 24857; 25785; 25815; 26920; 27572; 28079; 28214; 30477; +31152; 32209; 32482) +SEC. 51A-4.126.   MULTIPLE COMMERCIAL DISTRICTS. +   (a)   In general. Single or multiple uses may be developed on one site in a +multiple commercial district as in any other district; however, in order to +encourage a mixture of uses, density bonuses are awarded to developments that +qualify as “multiple commercial projects” as defined in Subsection (b). If a +development does not qualify as an MCP, it is limited to a “base” floor area +ratio. When a development qualifies as an MCP, it earns a higher maximum floor +area ratio. For more information regarding the exact increments of increase, +consult the yard, lot, and space regulations in this section governing the +particular district of interest. +   (b)   Qualifying as a multiple commercial project. To qualify as a MULTIPLE +COMMERCIAL PROJECT (MCP) for purposes of this section, a development must +contain uses in two or more of the following categories, and the combined floor +areas of the uses in each category must equal or exceed the following +percentages of the total floor area of the project: +  +MC-1 AND MC-2 DISTRICTS +Use Category    % of Total Floor Area +Lodging 15% +Office 15% +Retail and personal service 10% +  +  +MC-3 AND MC-4 DISTRICTS +Use Category    % of Total Floor Area +Lodging 10% +Office 15% +Retail and personal service 5% +  +   (c)   Multiple commercial project (MCP) regulations. +      (1)   If an MCP is proposed, a project plan must be submitted to and +approved by the building official. +      (2)   If an MCP is constructed in phases: +         (A)   the first phase must independently qualify as an MCP under +Subsection (b); and +         (B)   each subsequent phase combined with all previous phases already +completed or under construction must also qualify as an MCP under Subsection +(b). +      (3)   An MCP may consist of two or more building sites if they are +developed under a unified development plan. The plan must be: +         (A)   signed by or on behalf of all of the owners of the property +involved; +         (B)   approved by the building official; and +         (C)   filed in the deed records of the county where the property is +located. +      (4)   When an MCP consists of multiple building sites, its development +standards and off-street parking regulations are calculated by combining the +sites and treating them as a single building site. +   (d)   MC-1 district. +      (1)   Purpose. To provide for the development of moderate density +lodging, office, and retail uses in or adjacent to a residential community +where development options need to remain flexible, and where a moderate density +mixed use development having a residential component could adversely impact the +community. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            --   Catering service. +            --   Custom business services. +            --   Electronics service center. +            --   Labor hall. [SUP] +            --   Medical or scientific laboratory. [SUP] +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. +            --   Church. +            --   College, university, or seminary. +            --   Community service center. [SUP] +            --   Convent or monastery. +            --   Hospital. [SUP] +            --   Library, art gallery, or museum. +            --   Open-enrollment charter school or private school. [SUP] +            --   Public school other than an open-enrollment charter school. +[RAR] +         (E)   Lodging uses. +            --   Extended stay hotel or motel. [SUP] +            --   Hotel or motel. [RAR] or [SUP] [See Section +51A-4.205(1).] +            --   Overnight general purpose shelter. [See Section +51A-4.205(2.1).] +            --   Short-term rental lodging. +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Alternative financial establishment. [SUP] +            --   Financial institution without drive-in window. +            --   Financial institution with drive-in window. [DIR] +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory or fraternity or sorority house. +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210(b)(4).] +            --   Animal shelter or clinic without outside runs. [RAR] +            --   Auto service center. [RAR] +            --   Business school. +            --   Commercial amusement (inside). [SUP may be required. See +Section +51A-4.210(b)(7)(B).] +            --   Commercial amusement (outside). [SUP] +            --   Commercial parking lot or garage. [RAR] +            --   Convenience store with drive-through. [SUP] +            --   Dry cleaning or laundry store. +            --   Furniture store. +            --   General merchandise or food store 3,500 square feet or less. +            --   General merchandise or food store greater than 3,500 square +feet. +            --   General merchandise or food store 100,000 square feet or more. +[SUP] +            --   Mortuary, funeral home, or commercial wedding chapel. +            --   Motor vehicle fueling station. +            --   Nursery, garden shop, or plant sales. +            --   Personal service use. +            --   Restaurant without drive-in or drive-through service. [RAR] +            --   Restaurant with drive-in or drive-through service. [DIR] +            --   Swap or buy shop. [SUP] +            --   Temporary retail use. +            --   Theater. +         (K)   Transportation uses. +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [By SUP or city +council resolution. See Section +51A-4.211.] +         (L)   Utility and public service uses. +            --   Commercial radio or television transmitting station. +            --   Electrical substation. +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. +            --   Post office. +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Mini-warehouse. [SUP] +            --   Recycling buy-back center. [See Section +51A-4.213 (11).] +            --   Recycling collection center. [See Section +51A-4.213 (11.1).] +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. Generally speaking, an accessory use is permitted +in any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory community center (private). +            --   Home occupation. +            --   Private stable. +         (B)   The following accessory use is permitted by SUP only: +            --   Accessory helistop. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217 (3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. +            (i)   Minimum front yard is 15 feet. +            (ii)   Urban form setback. An additional 20-foot front yard setback +is required for that portion of a structure above 45 feet in height. +         (B)   Side and rear yard. +            (i)   Minimum side and rear yard is: +               (aa)   20 feet where adjacent to or directly across an alley +from an R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and +               (bb)   no minimum in all other cases. +            (ii)   Tower spacing. An additional side and rear yard setback of +one foot for each two feet in height above 45 feet is required for that portion +of a structure above 45 feet in height, up to a total setback of 30 feet. This +subparagraph does not require a total side or rear yard setback greater than 30 +feet. +         (C)   Dwelling unit density. Not applicable. +         (D)   Floor area ratio. Maximum floor area ratio (FAR) varies +depending on whether the development is a “multiple commercial project” as +follows: +[Note: The first column is the base FAR, which applies when there is no MCP. +The second column is the FAR for an MCP with a mix of two use categories. The +third column is the FAR for an MCP with a mix of three or more use categories.] +  +MAXIMUM FLOOR AREA RATIO +Use Categories Base (No MCP) MCP with Mix of 2 MCP with Mix of 3 + Categories Categories +Lodging 0.8 0.85 0.85 +Office 0.8 0.85 0.85 +Retail and personal service 0.3 0.4 0.5 +TOTAL DEVELOPMENT 0.8 0.9 1.0 +  +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is 70 feet. +         (F)   Lot coverage. Maximum lot coverage is 80 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. No minimum lot size. +         (H)   Stories. Maximum number of stories above grade is five. Parking +garages are exempt from this requirement, but must comply with the height +regulations of Subparagraph (E). +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Development impact review. A site plan must be submitted and +approved in accordance with the requirements of Section +51A-4.803 before an application is made for a permit for work in this district +if the estimated trip generation for all uses on the lot collectively is equal +to or greater than 6,000 trips per day and 500 trips per acre per day. See +Table 1 in Section +51A-4.803 to calculate estimated trip generation. +         (B)   Visual intrusion. No portion of any balcony or opening that +faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2 +(A), or MF-2(SAH) district may penetrate or be located above a residential +proximity slope which originates in that district. (See Section +51A-4.412.) For purposes of this paragraph, the term “opening” means an open +and unobstructed space or a transparent panel in an exterior wall or door from +which there can be visual surveillance into the yard of a residential use. +   (e)   MC-2 district. +      (1)   Purpose. To provide for the development of moderate density +lodging, office, and retail uses adjacent to a residential community where +development options need to remain flexible, and where a moderate density mixed +use development having a residential component could adversely impact the +community. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            --   Catering service. +            --   Custom business services. +            --   Electronics service center. +            --   Labor hall. [SUP] +            --   Medical or scientific laboratory. [SUP] +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. +            --   Church. +            --   College, university, or seminary. +            --   Community service center. [SUP] +            --   Convent or monastery. +            --   Hospital. [SUP] +            --   Library, art gallery, or museum. +            --   Open-enrollment charter school or private school. [SUP] +            --   Public school other than an open-enrollment charter school. +[RAR] +         (E)   Lodging uses. +            --   Extended stay hotel or motel. [SUP] +            --   Hotel or motel. [RAR] or [SUP] [See Section +51A-4.205(1).] +            --   Overnight general purpose shelter. [See Section +51A-4.205(2.1).] +            --   Short-term rental lodging. +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Alternative financial establishment. [SUP] +            --   Financial institution without drive-in window. +            --   Financial institution with drive-in window. [DIR] +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory or fraternity or sorority house. +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210(b)(4).] +            --   Animal shelter or clinic without outside runs. [RAR] +            --   Auto service center. [RAR] +            --   Business school. +            --   Car wash. [RAR] +            --   Commercial amusement (inside). [SUP may be required. See +Section +51A-4.210(b)(7)(B).] +            --   Commercial amusement (outside). [SUP] +            --   Commercial parking lot or garage. [RAR] +            --   Convenience store with drive-through. [SUP] +            --   Dry cleaning or laundry store. +            --   Furniture store. +            --   General merchandise or food store 3,500 square feet or less. +            --   General merchandise or food store greater than 3,500 square +feet. +            --   General merchandise or food store 100,000 square feet or more. +[SUP] +            --   Household equipment and appliance repair. +            --   Liquor store. +            --   Mortuary, funeral home, or commercial wedding chapel. +            --   Motor vehicle fueling station. +            --   Nursery, garden shop, or plant sales. +            --   Personal service use. +            --   Restaurant without drive-in or drive-through service. [RAR] +            --   Restaurant with drive-in or drive-through service. [DIR] +            --   Swap or buy shop. [SUP] +            --   Temporary retail use. +            --   Theater. +         (K)   Transportation uses. +            --   Helistop. [SUP] +            --   Railroad passenger station. [SUP] +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [By SUP or city +council resolution. See Section +51A-4.211.] +         (L)   Utility and public service uses. +            --   Commercial radio or television transmitting station. +            --   Electrical substation. +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. +            --   Post office. +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Mini-warehouse. [SUP] +            --   Recycling buy-back center [See Section +51A-4.213 (11).] +            --   Recycling collection center. [See Section +51A-4.213 (11.1).] +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +      (3)   Accessory uses. Generally speaking, an accessory use is permitted +in any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in this district: +            --   Accessory community center (private). +            --   Home occupation. +            --   Private stable. +         (B)   The following accessory use is permitted by SUP only: +            --   Accessory helistop. +         (C)   In this district, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217 (3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. +            (i)   Minimum front yard is 15 feet. +            (ii)   Urban form setback. An additional 20-foot front yard setback +is required for that portion of a structure above 45 feet in height. +         (B)   Side and rear yard. +            (i)   Minimum side and rear yard is: +               (aa)   20 feet where adjacent to or directly across an alley +from an R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and +               (bb)   no minimum in all other cases. +            (ii)   Tower spacing. An additional side and rear yard setback of +one foot for each two feet in height above 45 feet is required for that portion +of a structure above 45 feet in height up to a total setback of 30 feet. This +subparagraph does not require a total side or rear yard setback greater than 30 +feet. +         (C)   Dwelling unit density. Not applicable. +         (D)   Floor area ratio. Maximum floor area ratio (FAR) varies +depending on whether the development is a “multiple commercial project” as +follows: +[Note: The first column is the base FAR, which applies when there is no MCP. +The second column is the FAR for an MCP with a mix of two use categories. The +third column is the FAR for an MCP with a mix of three or more use categories.] +  +MAXIMUM FLOOR AREA RATIO +Use Categories Base (No MCP) MCP with Mix of 2 MCP with Mix of 3 + Categories Categories +Lodging 0.8 0.85 0.85 +Office 0.8 0.85 0.85 +Retail and personal service 0.5 0.5 0.5 +TOTAL DEVELOPMENT 0.8 0.9 1.0 +  +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is 90 feet. +         (F)   Lot coverage. Maximum lot coverage is 80 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. No minimum lot size. +    ��    (H)   Stories. Maximum number of stories above grade is seven. Parking +garages are exempt from this requirement, but must comply with the height +regulations of Subparagraph (E). +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Development impact review. A site plan must be submitted and +approved in accordance with the requirements of Section +51A-4.803 before an application is made for a permit for work in this district +if the estimated trip generation for all uses on the lot collectively is equal +to or greater than 6,000 trips per day and 500 trips per acre per day. See +Table 1 in Section +51A-4.803 to calculate estimated trip generation. +         (B)   Visual intrusion. No portion of any balcony or opening that +faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2 +(A), or MF-2(SAH) district may penetrate or be located above a residential +proximity slope which originates in that district. (See Section +51A-4.412.) For purposes of this paragraph, the term “opening” means an open +and unobstructed space or a transparent panel in an exterior wall or door from +which there can be visual surveillance into the yard of a residential use. +   (f)   MC-3 and MC-4 districts. +      (1)   Purpose. To provide for the development of medium density lodging, +office, and retail uses in areas where a medium density mixed use development +having a residential component could adversely impact a residential community. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            --   Catering service. +            --   Custom business services. +            --   Electronics service center. +            --   Labor hall. [SUP] +            --   Medical or scientific laboratory. +            --   Tool or equipment rental. +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. +            --   Cemetery or mausoleum. [SUP] +            --   Child-care facility. +            --   Church. +            --   College, university, or seminary. +            --   Community service center. [SUP] +            --   Convent or monastery. +            --   Hospital. [SUP] +            --   Library, art gallery, or museum. +            --   Open-enrollment charter school or private school. [SUP] +            --   Public school other than an open-enrollment charter school. +[RAR] +         (E)   Lodging uses. +            --   Extended stay hotel or motel. [SUP] +            --   Hotel or motel. [RAR] or [SUP] [See Section +51A-4.205(1).] +            --   Overnight general purpose shelter. [See Section +51A-4.205(2.1).] +            --   Short-term rental lodging. +         (F)   Miscellaneous uses. +            --   Attached non-premise sign. [SUP] +            --   Carnival or circus (temporary). [By special authorization of +the building official.] +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Alternative financial establishment. [SUP] +            --   Financial institution without drive-in window. +            --   Financial institution with drive-in window. [DIR] +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Country club with private membership. +            --   Private recreation center, club, or area. +            --   Public park, playground, or golf course. +         (I)   Residential uses. +            --   College dormitory or fraternity or sorority house. +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210(b)(4).] +            --   Ambulance service. [RAR] +            --   Animal shelter or clinic without outside runs. [RAR] +            --   Auto service center. [RAR] +            --   Business school. +            --   Car wash. [RAR] +            --   Commercial amusement (inside). [SUP may be required. See +Section +51A-4.210(b)(7)(B).] +            --   Commercial amusement (outside). [SUP] +            --   Commercial parking lot or garage. [RAR] +            --   Convenience store with drive-through. [SUP] +            --   Dry cleaning or laundry store. +            --   Furniture store. +            --   General merchandise or food store 3,500 square feet or less. +            --   General merchandise or food store greater than 3,500 square +feet. +            --   General merchandise or food store 100,000 square feet or more. +[SUP] +            --   Household equipment and appliance repair. +            --   Liquor store. +            --   Mortuary, funeral home, or commercial wedding chapel. +            --   Motor vehicle fueling station. +            --   Nursery, garden shop, or plant sales. +            --   Personal service use. +            --   Restaurant without drive-in or drive-through service. [RAR] +            --   Restaurant with drive-in or drive-through service. [DIR] +            --   Swap or buy shop. [SUP] +            --   Temporary retail use. +            --   Theater. +         (K)   Transportation uses. +            --   Heliport. [SUP] +            --   Helistop. [SUP] +            --   Railroad passenger station. [SUP] +            --   Transit passenger shelter. +            --   Transit passenger station or transfer center. [By SUP or city +council resolution. See Section +51A-4.211.] +         (L)   Utility and public service uses. +            --   Commercial radio or television transmitting station. +            --   Electrical substation. +            --   Local utilities. [SUP or RAR may be required. See Section +51A-4.212(4).] +            --   Police or fire station. +            --   Post office. +            --   Radio, television, or microwave tower. [SUP] +            --   Tower/antenna for cellular communication. [See Section +51A-4.212(10.1).] +            --   Utility or government installation other than listed. [SUP] +         (M)   Wholesale, distribution, and storage uses. +            --   Mini-warehouse. [SUP] +            --   Recycling buy-back center [See Section +51A-4.213 (11).] +            --   Recycling collection center. [See Section +51A-4.213 (11.1).] +            --   Recycling drop-off container. [See Section +51A-4.213 (11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213 (11.3).] +            --   In MC-4 only: Trade center. +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in these +districts: +            --   Accessory community center (private). +            --   Home Occupation. +            --   Private stable. +         (B)   The following accessory use is permitted by SUP only: +            --   Accessory helistop. +         (C)   In these districts, an SUP may be required for the following +accessory uses: +            --   Accessory medical/infectious waste incinerator. [See Section +51A-4.217 (3.1).] +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, Division +51A-4.400 controls.) +         (A)   Front yard. +            (i)   Minimum front yard is 15 feet. +            (ii)   Urban form setback. An additional 20-foot front yard setback +is required for that portion of a structure above 45 feet in height. +         (B)   Side and rear yard. +            (i)   Minimum side and rear yard is: +               (aa)   20 feet where adjacent to or directly across an alley +from an R, R(A), D, D(A), TH, TH(A), CH, MF, or MF(A) district; and +               (bb)   no minimum in all other cases. +            (ii)   Tower spacing. An additional side and rear yard setback of +one foot for each two feet in height above 45 feet is required for that portion +of a structure above 45 feet in height up to a total setback of 30 feet. This +subparagraph does not require a total side or rear yard setback greater than 30 +feet. +         (C)   Dwelling unit density. Not applicable. +         (D)   Floor area ratio. Maximum floor area ratio (FAR) varies +depending on whether the development is a “multiple commercial project” as +follows: +[Note: The first column is the base FAR, which applies when there is no MCP. +The second column is the FAR for an MCP with a mix of two use categories. The +third column is the FAR for an MCP with a mix of three or more use categories.] +  +MAXIMUM FLOOR AREA RATIO IN THE MC-3 DISTRICT +Use Categories Base (No MCP) MCP with Mix of 2 MCP with Mix of 3 + Categories Categories +Lodging 1.2 1.3 1.3 +Office 1.2 1.3 1.3 +Retail and personal service 0.6 0.6 0.6 +TOTAL DEVELOPMENT 1.2 1.35 1.5 +  +  +MAXIMUM FLOOR AREA RATIO IN THE MC-4 DISTRICT +Use Categories Base (No MCP) MCP with Mix of 2 MCP with Mix of 3 + Categories Categories +Lodging 1.6 1.7 1.7 +Office 1.6 1.7 1.7 +Retail and personal service 0.75 0.75 0.75 +TOTAL DEVELOPMENT 1.6 1.8 2.0 +  +         (E)   Height. +            (i)   Residential proximity slope. If any portion of a structure is +over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +            (ii)   Maximum height. Unless further restricted under Subparagraph +(i), maximum structure height is: +               (aa)   115 feet in the MC-3 district; and +               (bb)   135 feet in the MC-4 district. +         (F)   Lot coverage. Maximum lot coverage is 80 percent. Aboveground +parking structures are included in lot coverage calculations; surface parking +lots and underground parking structures are not. +         (G)   Lot size. No minimum lot size. +         (H)   Stories. +            (i)   Maximum number of stories above grade is: +               (aa)   9 in the MC-3 district; and +               (bb)   10 in the MC-4 district. +            (ii)   Parking garages are exempt from this requirement, but must +comply with the height regulations of Subparagraph (E). +      (5)   Off-street parking and loading. Consult the use regulations +(Division +51A-4.200) for the specific off-street parking requirements for each use. +Consult the off-street parking and loading regulations (Divisions +51A-4.300 et seq.) for information regarding off-street parking and loading +generally. +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape regulations. See +Article X. +      (8)   Additional provisions. +         (A)   Development impact review. A site plan must be submitted and +approved in accordance with the requirements of Section +51A-4.803 before an application is made for a permit for work in this district +if the estimated trip generation for all uses on the lot collectively is equal +to or greater than 6,000 trips per day and 500 trips per acre per day. See +Table 1 in Section +51A-4.803 to calculate estimated trip generation. +         (B)   Visual intrusion. No portion of any balcony or opening that +faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF- 2 +(A), or MF-2(SAH) district may penetrate or be located above a residential +proximity slope which originates in that district. (See Section +51A-4.412 .) For purposes of this paragraph, the term “opening” means an open +and unobstructed space or a transparent panel in an exterior wall or door from +which there can be visual surveillance into the yard of a residential use. +(Ord. Nos. 19786; 19806; 19808; 19873; 20242; 20273; 20380; 20382; 20625; +20895; 20902; 20920; 20950; 21002; 21044; 21259; 21314; 21399; 21400; 21442; +21663; 21735; 21796; 22204; 22531; 22782; 24232; 24271; 24543; 24857; 25785; +25815; 26920; 28079; 28214; 32209; 32482) +SEC. 51A-4.127.   URBAN CORRIDOR DISTRICTS. +   (a)   In general. A minimum of two land uses must be developed on a lot in +an urban corridor district, with one use being residential use above street +level. Density bonuses are awarded to lots that have parking structures. +Parking requirements are reduced for lots that have linkages to transit and +have a high level of pedestrian amenities. There are three types of urban +corridor districts, differing principally in their density and height +allowances: UC-1, UC-2, and UC-3. The urban corridor district regulations apply +to all frontages of the lot, except where otherwise specified. +   (b)   Qualifying a segment of a street as an urban corridor. +      (1)   Urban corridor requirements. A segment of street must have all of +the following characteristics to be an urban corridor: +         (A)   A minimum outside lane width of 10 feet. +         (B)   A road composition that supports buses. +         (C)   No speed bumps. +         (D)   A minimum turning radius of 50 feet. +         (E)   A minimum overhead clearance of 11 feet. +      (2)   Community collectors and arterial streets. An urban corridor +segment of street must be built in accordance with the city's thoroughfare +plan, and must be the following type of thoroughfare for each urban corridor +district: +         (A)   UC-1: community collector or four-or six-lane arterial. +         (B)   UC-2: four-or six-lane arterial. +         (C)   UC-3: six-lane arterial. +      (3)   State highways. A UC-1, UC-2, or UCÐ3 district may exist along a +segment of a state highway designated by the Texas Department of Transportation +if the segment has all of the characteristics required for an urban corridor, +and the department determines the frontage to be safe (based on vehicular +traffic speed and volume) for the level of pedestrian traffic expected for the +type of urban corridor district requested. +      (4)   Ineligible streets. Interstate highways, freeways, expressways, and +their frontage roads are ineligible streets for urban corridors. +   (c)   UC districts. +      (1)   Purpose. To encourage medium density mixed use development with a +required above-grade residential component, pedestrian-friendly site design, +and an urban street character, in order to increase pedestrian traffic, reduce +vehicular traffic, promote innovative use of space, promote energy efficient +design, conserve land, and accommodate a range of compatible land uses through +appropriate site design. +      (2)   Main uses permitted. +         (A)   Agricultural uses. +            --   Crop production. +         (B)   Commercial and business service uses. +            --   Catering service. +            --   Custom business services. +            --   Electronics service center. +            --   Job or lithographic printing. +            --   Medical or scientific laboratory. [SUP] +         (C)   Industrial uses. +            --   Gas drilling and production. [SUP] +            --   Temporary concrete or asphalt batching plant. [SUP]  +         (D)   Institutional and community service uses. +            --   Adult day care facility. +            --   Child-care facility. +            --   Church. +            --   College, university, or seminary. +            --   Community service center. [SUP] +            --   Convalescent and nursing homes, hospice care, and related +institutions. +            --   Convent or monastery. +            --   Hospital. [SUP] +            --   Library, art gallery, or museum. +            --   Open enrollment charter school or private school. [SUP] +            --   Public school other than open enrollment charter school. [RAR] +         (E)   Lodging uses. +            --   Short-term rental lodging. +         (F)   Miscellaneous uses. +            --   Temporary construction or sales office. +         (G)   Office uses. +            --   Alternative financial establishment. [SUP in UC-2 and UC- +3 only.] +            --   Financial institution without drive-in window. +            --   Medical clinic or ambulatory surgical center. +            --   Office. +         (H)   Recreation uses. +            --   Private recreation center, club, or area. [UC-2 and UC- +3 only.] +            --   Public park, playground, or golf course. [DIR] +         (I)   Residential uses. +            --   College dormitory, fraternity, or sorority house. [SUP] +            --   Group residential facility. [SUP] +            --   Handicapped group dwelling unit. [SUP] +            --   Multifamily. +            --   Retirement housing. [SUP] +         (J)   Retail and personal service uses. +            --   Alcoholic beverage establishments. [See Section +51A-4.210(b)(4).] +            --   Animal shelter or clinic without outside runs. +            --   Business school. [UC-2 and UC-3 only.] +            --   Commercial amusement (inside). [UC-2 and UC-3 only. SUP may be +required. See Section +51A-4.210 (b)(7)(B).] +            --   Commercial parking lot or garage. +            --   Dry cleaning or laundry store without drive-in or drive- +through service. +            --   Furniture store. +            --   General merchandise or food store 3,500 square feet or less. +            --   General merchandise or food store greater than 3,500 square +feet [UC-2 and UC-3 only.] +            --General merchandise or food store 100,000 square feet or more. +[SUP] +            --   Household equipment and appliance repair. +            --   Nursery, garden shop, or plant sales. +            --   Personal service uses. +            --   Restaurant without drive-in or drive-through service. +            --   Temporary retail use. +            --   Theater [DIR required. This use is limited to a theater with +less than 1,000 seats. See Section +51A-4.210(b)(30).] +         (K)   Transportation uses. +            --   Transit passenger shelter. +         (L)   Utility and public service uses. +            --   Local utilities. +            --   Police or fire station. +            --   Post office. +            --   Mounted cellular antenna. [UC-3 only.] +            --   Utility or other government installation other than listed. +         (M)   Wholesale, distribution, and storage uses. +            --   Recycling drop-off container. [See Section +51A-4.213(11.2).] +            --   Recycling drop-off for special occasion collection. [See +Section +51A-4.213(11.3).] +      (3)   Accessory uses. As a general rule, an accessory use is permitted in +any district in which the main use is permitted. Some specific types of +accessory uses, however, due to their unique nature, are subject to additional +regulations contained in Section +51A-4.217. For more information regarding accessory uses, consult Section +51A-4.217. +         (A)   The following accessory uses are not permitted in these +districts: +            --   Accessory helistop. +            --   Accessory medical/infectious waste incinerator. +            --   Accessory outside storage. +            --   Accessory pathological waste incinerator. +            --   Amateur communication tower. +            --   Day home. +            --   General waste incinerator. +            --   Private stable. +         (B)   The following accessory uses are permitted in these districts by +SUP only: +            --   Accessory community center (private). +            --   Pedestrian skybridges. +      (4)   Yard, lot, and space regulations. (Note: The yard, lot, and space +regulations in this subsection must be read together with the yard, lot, and +space regulations contained in Division +51A-4.400. In the event of a conflict between this subsection and Division +51A-4.400, this subsection controls.) +         (A)   Front yard. +            (i)   There is no minimum front yard. +            (ii)   The maximum front yard is the smallest possible distance +that meets the requirements for buffer zone and pedestrian zone in the curb-to- +building area, except for any area in the front yard that meets the +qualifications for a pedestrian plaza in Subparagraph (iii) below. See +Subsection (c)(8)(B) for details about the curb-to-building area. +            (iii)   Part of the front yard may be used for a pedestrian plaza. +A plaza may have a maximum depth of 50 feet (measured perpendicular from the +frontage to the opposite side of the plaza) and a maximum length (measured +along the side of the plaza parallel to the frontage) of 20 percent of the +length of the building along the frontage. +            (iv)   Urban form setback. An additional front yard setback of one +foot for each two feet in height above 55 feet is required for that portion of +a building above 55 feet in height. +         (B)   Side and rear yard. +            (i)   No side yard is required on a side of the lot that is +adjacent to a central area, mixed use, or urban corridor district; however, if +a side yard is provided, it must be at least five feet wide. +            (ii)   The minimum side yard is 10 feet on any side of a lot where +that side of the lot is directly across a street 64 feet or less in width from, +or is directly across an alley from, an R, R(A), D, D(A), TH, TH(A), or CH +district, or where part of a structure on that side of the lot is within 330 +feet of an R, R(A), D, D(A), TH, TH(A), or CH district. +            (iii)   The minimum side yard is five feet in all other cases. +            (iv)   The minimum rear yard is 10 feet in UC-1, and 15 feet in UC- +2 and UC-3. +         (C)   Dwelling unit density. +            (i)   The minimum number of dwelling units per acre is 10 in UC-1; +35 in UC-2; and 45 in UC-3. +            (ii)   The minimum dwelling unit area is 500 square feet. +         (D)   Floor area ratio. +            (i)   The maximum floor area ratio without any bonuses is 0.6 in +UC-1; 0.85 in UC-2; and 1.0 in UC-3. +            (ii)   The maximum floor area ratio with a bonus for having an +above-grade parking structure is 1.8 in UC-1; 3.0 in UC-2; and 4.0 in UC-3. +            (iii)   The maximum floor area ratio with a bonus for having a +below-grade parking structure is 2.0 in UC-1; 3.6 in UC-2; and 4.5 in UC-3. +         (E)   Height. +            (i)   The maximum structure height without any bonuses is 30 feet +in UC-1; 40 feet in UC-2; and 55 feet in UC-3. +            (ii)   The maximum structure height with a bonus for having an +above-or below-grade parking structure is 55 feet in UC-1; 80 feet in UC-2; and +100 feet in UC-3. +            (iii)   Residential proximity slope. If any portion of a structure +is over 26 feet in height, that portion may not be located above a residential +proximity slope. Exception: Except for chimneys, structures listed in Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +Chimneys may project through the slope to a height 12 feet above the slope and +12 feet above the maximum structure height. +         (F)   Lot coverage. The maximum lot coverage is 80 percent. Above- +ground parking structures are included in lot coverage calculations; surface +parking lots and underground parking structures are not. +         (G)   Lot size. There is no minimum lot size. +         (H)   Stories. +            (i)   The minimum number of stories above street level is two in +UC-1; three in UC-2; and four in UC-3. +            (ii)   The maximum number of stories above street level with +bonuses for an above-or below-street-level parking structure is four in UC-1; +six in UC-2; and eight in UC-3. +      (5)   Off-street parking and loading. The off-street parking requirements +in Division +51A-4.200 and the off-street parking and loading regulations in Division +51A-4.300 apply, except as follows: +         (A)   Multifamily use parking requirements. One parking space is +required per 500 square feet of multifamily dwelling unit floor area on the +lot, up to a maximum of two parking spaces per dwelling unit. +         (B)   Parking reductions. A lot located within 500 feet of a bus stop +on a DART bus route, or a shuttle bus route connecting to a DART light rail +station, with a minimum headway, i.e. the scheduled time interval between the +arrival of successive same-route buses, trains, or other vehicles used for +public transportation at a passenger stop, of 10 minutes during peak hours and +30 minutes during non-peak hours as these times are set by DART, shall be +granted reductions of four percent of total parking requirements for each +additional pedestrian amenity type provided in excess of the minimum amenities +required [See Subsection (c)(8)(D) for pedestrian amenities rules], up to a +maximum 20 percent reduction. If parking reduction is sought, bicycle parking +must be provided as an amenity type. The additional pedestrian amenities must +be provided within the curb-to-building area and must serve to enhance the +pedestrian pathways from building entrances on the lot to transit stops. These +parking reductions do not apply to uses that already have parking exemptions +based on delta theory. [See Subsection +51A-4.704(b)(4)(A) for delta theory parking regulations.] +         (C)   On-street parallel parking. On-street parallel parking spaces +adjacent to the lot provided on community collectors or four-lane arterials +count toward off-street parking requirements. Notwithstanding the foregoing, +nothing in this section shall abrogate the authority granted to the city's +traffic engineer by +Chapter 28 of the Dallas City Code to regulate traffic, including parking, on +public streets. +         (D)   Shared parking. Shared parking is required for all +nonresidential uses on the lot. The utilization rates in the following table +provide the basis for calculation of parking spaces required with shared +parking. The adjusted standard off street parking requirement for the +development is the largest of the five “time-of-day” column sums. +  +Shared Parking Table +(for calculating adjusted standard parking requirement) +Use Category Morning Noon Afternoon Late Afternoon Evening +Residential uses 80% 60% 60% 70% 100% +Office-related uses 100% 80% 100% 85% 35% +Retail related uses 60% 75% 70% 65% 70% +Bar and restaurant uses 20% 100% 30% 30% 100% +All other uses 100% 100% 100% 100% 100% +  +      (6)   Environmental performance standards. See +Article VI. +      (7)   Landscape and open space provisions. +         (A)   In general. See +Article X. Section +51A-10.126 does not apply, and Subsections (b)(2) and (b)(4) of Section +51A-10.125 are superseded by this subsection. All private licensing +requirements must be met. +         (B)   Parking lot screening. Except as otherwise provided, all +requirements of Section +51A-4.301(f) apply to parking lots and parking structures in urban corridor +districts, and to remote parking lots and parking structures serving a building +in an urban corridor district. A five-foot-wide landscaped strip must be +located along any edge of the parking lot or parking structure that is visible +at grade level from a street or alley, in accordance with the following +provisions: +            (i)   Small trees must be located every 15 feet, or fraction +thereof, or clustered every 30 feet, within the landscaped strip. A small tree +must have a minimum caliper width of three inches, with the exception of multi- +trunk trees, which may have a minimum caliper width of two inches per trunk. +            (ii)   A continuous row of large evergreen shrubs must be located +in the landscaped strip. +            (iii)   For every four rows of parking, parking lots must contain +at least one interior landscaped strip of at least 15 linear feet that is +planted with ground cover, shrubbery of 24-36 inches in height, and at least +one large tree. +            (iv)   Fences may complement but not substitute for parking lot +trees and shrubbery screening. +            (v)   Covered parking may substitute for trees and shrubbery in the +interior of the parking area, but not for those required along its perimeter. +Covered parking may not replace shrubbery or substitute for trees that provide +buffering between parking lots or parking structures and the street. +         (C)   Screening of off-street loading spaces. +            (i)   All off-street loading spaces must be screened from all +public streets adjacent to the lot. +            (ii)   Screening of all off-street loading spaces must be at least +six feet high. +            (iii)   Garbage storage areas must be visually screened on all +sides by a brick, stone, or concrete masonry, stucco, concrete, or wood wall or +fence. Screening is not required on a side adjacent to an alley or easement +used for garbage pick-up service. Trellises or other coverings must be used to +screen the top of garbage storage areas. +         (D)   Street trees. A small street tree must be provided for every 50 +feet of frontage, with a minimum of two trees per lot. A small tree must have a +minimum caliper width of three inches, with the exception of multi-trunk trees +which may have a minimum caliper width of two inches per trunk. Street trees +must be located in the buffer zone between the street curb and the sidewalk. If +the buffer zone is located in the public right-of-way, street trees must be +located in the public right-of way. The city arborist recommends the following +list of trees as being most suitable for planting in the buffer zone in all +urban corridor districts, and the city strongly encourages the use of these +trees in the buffer zone: +            (i)   Japanese Maple, Acer palmatum. +            (ii)   Eastern Redbud, Cercis canadensis. +            (iii)   Thornless Cockspur Hawthorne, Crataegus crus-galli +Ôinermis.' +            (iv)   Thornless Honeylocust, Gleditsia triacanthos var. inermis. +            (v)   Possumhaw Holly, Ilex decidua. + ��          (vi)   Yaupon Holly, Ilex vomitoria. +            (vii)   Eastern Red Cedar, Juniperus virginia. +            (viii)   Eldarica, Mondell, or Afghan Pine, Pinus eldarica. +            (ix)   Austrian or Black Pine, Pinus nigra. +            (x)   Japanese Black Pine, Pinus thunbergii. +            (xi)   Chinese Pistachio, Pistachia chinensis. +            (xii)   Mexican Plum, Prunus mexicana. +            (xiii)   Western Soapberry, Sapindus drumondii. +            (xiv)   Eve's Necklace, Sophora affinis. +            (xv)   Rusty Blackhaw, Vibernum rufidulum. +         (E)   Tree grates. Any tree within 18 inches of a curb must be +protected by a tree grate. +         (F)   Permeable surface area. A minimum of 10 percent of the lot area +must be open space in the form of permeable surfaces such as perimeter +landscape buffer strip, recreation area, or conservation area. Discrete open +space areas smaller than 25 square feet or less than 5 feet wide, and +landscaping in the public right-of-way, are not counted towards this 10 percent +requirement. +      (8)   Site design requirements. +         (A)   Land use placement. +            (i)   Off-street parking. Parking is permitted on any level of a +building, but no part of any parking area or parking structure may front on an +urban corridor or be located directly across a street 64 feet or less in width +from, or be directly across an alley from, an R, R(A), D, D(A), TH, TH(A), or +CH district, or be within 330 feet of an R, R(A), D, D(A), TH, TH(A), or CH +district. The length of any portion of a parking lot or structure that is +visible at grade-level from a street may not exceed 24 feet. +            (ii)   Street level uses. Residential uses are not permitted at +street-level along an urban corridor frontage. +            (iii)   Residential uses are the only uses permitted at street +level along frontages that are not on an urban corridor and: +               (aa)   the frontage is directly across a street 64 feet or less +in width from, or is directly across an alley from, an R, R(A), D, D(A), TH, TH +(A), or CH district; or +               (bb)   any part of a structure on that frontage is within 330 +feet of an R, R(A), D, D(A), TH, TH(A), or CH district. +            (iv)   Uses above street level. Residential uses are the only uses +permitted on all levels above street level, except that adult daycare uses, +child-care facility uses, and office uses that are accessory to street-level +uses in the building are permitted on the second level of a building that has +three or more levels. +         (B)   Curb-to-building area. The area between the curb and the +building line must meet the following standards: +            (i)   It must have a width of 10 feet in a UC-1 district; 12 feet +in a UC-2 district; and 15 feet in a UC-3 district. +            (ii)   Where public right-of-way provides insufficient space, the +curb-to-building area must be provided on private property until the prescribed +width is met. +            (iii)   It must include a buffer zone, located between the curb and +the pedestrian zone, that contains all required street trees [see Subsection +(c)(7)(D)] as well as trees and shrubs provided as pedestrian amenities [see +Subsection (c)(8)(E)]. Other pedestrian amenities may also be located in the +buffer zone. +            (iv)   It must include a pedestrian zone, located between the +buffer zone and the building line, that contains a sidewalk that meets urban +corridor district sidewalk standards. [See Subsection (c)(8)(C).] The +pedestrian zone may contain pedestrian amenities that are attached to the +building facade and do not impede pedestrian movement or visually obstruct the +street-level windows. [See Subsection (c)(8)(F)(iii).] +            (v)   A pedestrian plaza located on a frontage is considered to +begin at the building line for purposes of this Subparagraph (B). +         (C)   Sidewalk standards. Sidewalks must be located in the pedestrian +zone for the entire length of the frontage, and must meet the following +standards: +            (i)   In a UC-1 district, they must have a minimum clear zone of +five feet. +            (ii)   In a UC-2 district, they must have a minimum clear zone of +seven feet. +            (iii)   In a UC-3 district, they must have a minimum clear zone of +10 feet. +            (iv)   Sidewalk widths must match up with the width of existing +sidewalks in front of adjacent properties at the point of intersection. Where +there are different sidewalk widths on each side of the urban corridor district +frontage, the width matched must be that which most closely approximates the +required 5- to 10-foot width, and the new sidewalk must taper to meet the +incongruous sidewalks. +            (v)   Additional pedestrian pathways that are not in the pedestrian +zone must have a minimum width of four feet. +         (D)   Pedestrian amenities. +            (i)   At least three of the following types of pedestrian amenities +must be provided within the curb-to-building area of the lot: +               (aa)   Awnings/canopies with a minimum overhang of 4 feet and a +minimum length of 25 feet per 100 feet of building facade along the frontage; +or a combination of street trees and evergreen shrubs with a minimum of one +small tree per 25 feet of frontage and a minimum of one shrub per 5 feet of +frontage. +               (bb)   Benches at one per 100 feet of frontage, with a minimum +of two per lot. +               (cc)   Trash receptacles at one per 100 feet of frontage, with a +minimum of two per lot. +               (dd)   Bicycle parking at one 5- bicycle unit per 100 feet of +frontage, with a minimum of two per lot. +               (ee)   Pedestrian street lamps (free-standing or wall-mounted) +at one per 50 feet of frontage. +               (ff)   Enhanced sidewalk with stamped concrete or brick pavers +in the pedestrian zone for the full width of the sidewalk, along the entire +frontage. +               (gg)   Public art or water features costing no less than $2,500, +at one per lot. +               (hh)   Drinking fountains at one per lot. +            (ii)   Amenities must be placed far enough from the street curb so +as not to create a physical barrier to buses. +            (iii)   Canopies, awnings, and pedestrian street lamp fixtures must +have a minimum nine-foot clearance. Lamp fixtures may not exceed 14 feet in +height. Light fixtures may not emit light upward into the windows of dwelling +units. +            (iv)   All pedestrian amenities must be maintained by the owner of +the lot; if there is more than one owner, all owners are jointly and severally +liable for maintenance. +         (E)   Driveway design requirements. +            (i)   Pedestrian crosswalks must be clearly marked to indicate +where the crosswalk crosses the driveway. +            (ii)   Common or joint driveways are required when adjacent lots +have direct vehicular access. +            (iii)   Curb cuts must be no less than 12 and no more than 24 feet +in length (measured parallel to the frontage). Each lot may have a maximum of +one curb cut for each frontage. +            (iv)   Driveways into parking areas or structures must be from an +urban corridor. +            (v)   No part of a circular or semi-circular driveway is permitted +on an urban corridor. +         (F)   Building envelope design requirements. +            (i)   Building facades. Building facades must be as close as +possible to the pedestrian zone. Columns of an arcade must be on the building +line, and the internal facade of an arcade must be set back from the building +line no more than 10 feet. Parking deck and garage facades visible at ground +level from any street or alley must have the appearance of a multiple-story +building. It is recommended that parking deck and garage facades visible at +ground level from any street or alley have the appearance of similar material +finish as the building on the site for which the parking is being provided. +            (ii)   Building height and setback. Building height and setback is +subject to both residential proximity slope and urban form setback +requirements. In all instances, residential proximity slope requirements +supersede all other height allowances. +            (iii)   Storefront treatments. The following provisions apply to +all uses at ground level except church use and residential uses. +               (aa)   All street-fronting street- level portions of a building +must have windows and primary entrances facing the street or a plaza. No more +than 10 continuous linear feet of street-fronting street- level facade may lack +a transparent opening (e.g. a window or a transparent door). +               (bb)   Corner lot structures must have corner entrances in +compliance with the visibility triangle standards set by the department of +development services. +               (cc)   Street-fronting, street- level windows must: +                  (I)   cover 50 percent or more of street-level frontage; +                  (II)   not have a bottom edge higher than three feet above +the base of building; and +                  (III)   be less than 10 feet high. +               (dd)��  It is recommended that street-fronting, street-level +windows be clear, unpainted, or made of similarly treated glass allowing +visibility within street-level uses. +            (iv)   Pedestrian access to the building. Primary pedestrian (i.e. +residential and customer) ingress and egress must be to or from an urban +corridor. Pedestrian ingress and egress for all other functions must be to or +from rear or side yard entrances. Pedestrian pathways must be provided to +connect the pedestrian zone to the parking lot, rear entrances to dwellings, +and to emergency exits. +   (d)   Site plan. +      (1)   A site plan must be submitted in accordance with the requirements +of this subsection before an application is made for a permit for work on a lot +in an urban corridor district. +      (2)   Procedure. The applicant should contact the department to arrange a +pre-application conference, at which the applicant should provide a sketch plan +of the site with the information requested by the department. When the +applicant is ready to apply for site plan review, the applicant must provide a +detailed site plan. +      (3)   The site plan must: +         (A)   satisfy the requirements of Subparagraphs (A) through (G), (J), +and (N) through (Q) in Section +51A-4.803(d)(1); +         (B)   show all existing and proposed points of ingress and egress, +building entrances, exits, service areas, and windows; +         (C)   show all public right-of-way lines; +         (D)   show the location and indicate the type, size, and height of +perimeter fencing, screening, and buffering elements proposed or required; +         (E)   show all provisions to be made to direct and detain storm water +and to mitigate erosion both during and following the completion of +construction; +         (F)   show the location and indicate the type, orientation, size, and +height of light standards that will illuminate any portion of a required yard; +         (G)   show the location of existing and proposed signs; +         (H)   show the existing and proposed locations of all exterior +loudspeakers and sound amplifiers; +         (I)   show the existing and proposed locations for all mechanical +equipment capable of producing high levels of noise; +         (J)   show all existing and proposed provisions for pedestrian +circulation on the lot including the location of the pedestrian amenity zones +and the location and description of amenities provided to satisfy the three- +amenity rule and the requirements for parking reductions; +         (K)   demonstrate how the urban corridor district site meets the +minimum open space requirements showing location and landscape plans of all +open space including buffer zones and screening areas; +         (L)   demonstrate eligibility for parking requirement reduction or +density bonuses, if requested by applicant; and +         (M)   any other reasonable and pertinent information that the director +determines to be necessary for site plan review. (Ord. Nos. 24718; 25785; +26920; 28125; 28214; 28424; 28700; 31607; 32002; 32209; 32482) +USE CHARTS +[To view charts, click on the link below. Adobe Acrobat Reader is required to +view charts. +[Cover_Page] +[Chart_4.201] +[Chart_4.202] +[Chart_4.203] +[Chart_4.204] +[Chart_4.205_and_4.206] +[Charts_4.207_and_4.208] +[Chart_4.209] +[Chart_4.210] +[Chart_4.211] +[Chart_4.212] +[Chart_4.213] +[Chart_4.217] +Division 51A-4.200. Use Regulations. +SEC. 51A-4.201.   AGRICULTURAL USES. +      (1)   Animal production. +         (A)   Definition: An area which is used for the raising of animals +(including fish) and the development of animal products on a commercial basis. +Typical uses include beef or sheep ranching, dairy farming, piggeries, poultry +farming, and fish farming. +         (B)   Districts permitted: By right in the A(A) district. By SUP only +in non-residential districts. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   In an A(A) district, a person shall not operate this use upon +an area less than three acres. In non-residential districts, no minimum acreage +is required. +            (ii)   Animals include but are not limited to pigs, chickens, +turkeys, cows, sheep, goats, and horses. +            (iii)   Structures may be erected for a private stable, pen, barn, +shed, or silo for raising, treating, and storing products raised on the +premises. A dwelling unit is permitted either as part of this structure or as a +separate structure. +            (iv)   Standings under roofed stables must be made of a material +that provides for proper drainage so as not to create offensive odors, fly +breeding, or other nuisances. +            (v)   The keeping of horses is subject to the requirements under +the private stable accessory use. +            (vi)   Fences for pens, corrals, or similar enclosures for +livestock must be of sufficient height and strength to retain the animals. No +pen, corral, fence or similar enclosure may be closer than 20 +feet to an adjacent property line. The widths of alleys, street rights-of-way, +or other public rights-of-way may be used to calculate the 20 foot requirement. +            (vii) The regulations under this use do not apply to government +agencies, governmentally supported organizations, or educational agencies that +keep and maintain animals for health research or similar purposes, nor do these +regulations apply to special events such as circuses and livestock exhibitions +which are otherwise regulated by the city. +      (2)   Commercial stable. +         (A)   Definition: A facility for the business of boarding horses or +renting horses to the public. +         (B)   Districts permitted: A(A) district. +         (C)   Required off-street parking: One space for each two stalls. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This use does not include sales, auction, or similar trading +activity. +      (3)   Crop production. +         (A)   Definitions. In this paragraph: +            (i)   AQUACULTURE means the cultivation, maintenance, and +harvesting of aquatic species. +            (ii)   AQUAPONICS means the combination of aquaculture (fish) and +hydroponics (plants) to grow food crops or ornamental crops and aquatic species +together in a recirculating system without discharge or exchange of water. +            (iii)   BED COVER means a hoop-house, shade structure, or similar +structure located above a planting bed to assist with the growing or shading of +food crops or ornamental crops. +            (iv)   COMMUNITY GARDEN means an URBAN GARDEN as that use is +defined in this subparagraph. Except in those Chapter 51P articles where +community garden is specifically defined, any reference to community garden in +Chapter 51P is a reference to an urban garden in this subparagraph. +            (v)   FARM OR RANCH means an area which is used for growing farm +products or keeping farm poultry and farm livestock. +            (vi)   URBAN GARDEN means an area managed and maintained to grow +and harvest food crops and/or ornamental crops for personal or group use, +consumption, sale, or donation. Urban gardens may be divided into separate +plots for cultivation by one or more individuals or may be farmed collectively +by members of the group and may include common areas maintained and used by +group members. +         (B)   Districts permitted: By right in all districts. +         (C)   Required off-street parking: Except as otherwise provided in +this subparagraph, off-street parking is not required. For an urban garden in +non-residential districts that allows on-site sales, one off-street parking +space is required for every 200 square feet of sales area with a minimum two +off-street parking spaces provided. +         (D)   Required off-street loading: None. +         (E)   Additional provisions for urban gardens: +            (i)   An urban garden must comply with the regulations for the +zoning district in which the urban garden is located. +            (ii)   Aquaponics, aquaculture, and the raising of chickens are +permitted. All other animal grazing and animal production are prohibited. +            (iii)   For an urban garden in a residential district, the combined +floor area of structures may not exceed 10 percent of the lot, with no single +structure exceeding 200 square feet in floor area. Structures that assist in +the growing of vegetation, such as bed covers and raised planting beds, are not +included in floor area calculations. Structures must comply with yard, lot, and +space regulations for the district. +            (iv)   For an urban garden in a residential district, one single, +non-illuminated, flat sign of no more than six square feet must be provided. +The sign must contain the phone number of an emergency contact person for the +urban garden. If animals are present in the urban garden, the sign must also +contain the contact information for Dallas 311 city services. In residential +districts, no other signage is permitted. +            (v)   Each bed cover may only cover one planting bed. +            (vi)   Except as provided in this subparagraph, maximum height of a +bed cover is four feet from the growing surface or eight feet, measured from +grade, whichever is less. Within the required front yard, maximum height of a +bed cover is four feet, measured from grade. +            (vii)   The on-site sale of food crops, ornamental crops, and eggs +produced at the urban garden is allowed only in non-residential districts. No +other items may be sold. +         (F)   Additional provisions for farms: +            (i)   A person shall not operate a farm upon an area less than +three acres. +            (ii)   Structures may be erected for a private pen, barn, shed, or +silo for the treating, and storing of products raised on the premises. A +dwelling unit is permitted either as part of this structure or as a separate +structure. +            (iii)   Animal grazing is allowed as part of this use; however, +animal production, as defined in Section +51A-4.201(1), is not permitted. +      (4)   Private stable. +         (A)   Definition: An area for the keeping of a horse or horses for the +private use of the property owner or the owner of the horse(s). +         (B)   Districts permitted: By right in all residential districts when +located on a lot that is at least one acre in size, otherwise by SUP in all +residential districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A private stable is permitted only on a lot that has at least +15,000 square feet of land and a person may keep only the number of horses +permitted for the lot area as described in the following chart: +  +LOT AREA NUMBER OF HORSES +At least 15,000 square feet but less than one-half acre 1 +At least one-half acre but less than one acre 2 +At least one acre but less than two acres 3 +At least one-half acre per horse 4 or more +  +            (ii)   A private stable must include a pen, corral, fence, or +similar enclosure containing at least 800 square feet of land for each animal +with a stable under a roof containing at least 100 square feet for each animal. +            (iii)   A stable must have proper drainage so as not to create +offensive odors, fly breeding, or other nuisances. +            (iv)   A pen, corral, fence, or similar enclosure may not be closer +than 20 feet to an adjacent property line. The widths of alleys, street rights- +of-way, or other public rights-of-way may be used in establishing the 20 foot +distance to the adjacent property line. +            (v)   A pen, corral, fence, or similar enclosure must be of a +sufficient height and strength to retain the horse(s). (Ord. Nos. 19455; 19786; +20493; 21001; 23302; 24718; 28125; 29687; 30890) +SEC. 51A-4.202.   COMMERCIAL AND BUSINESS SERVICE USES. +      (1)   Building repair and maintenance shop. +         (A)   Definition: A facility providing for general building repair and +maintenance, including the installation of plumbing, electrical, air +conditioning, and heating equipment. +         (B)   Districts permitted: By right in CR, RR, CS, industrial, and +central area districts. RAR required in CR, RR, CS, and industrial districts. +         (C)   Required off-street parking: One space per 300 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Retail sales of supplies is permitted as an accessory use. +      (2)   Bus or rail transit vehicle maintenance or storage facility. +         (A)   Definition: A facility for the maintenance, repair, or storage +of bus, rail, or other transit vehicles. +         (B)   Districts permitted: By right in industrial and central area +districts. When located at least 500 feet from a residential district, by right +in the CS district with RAR required; otherwise, by SUP only in the CS +district. RAR required in industrial districts. +         (C)   Required off-street parking: One space per 500 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (3)   Catering service. +         (A)   Definition: A facility for the preparation and storage of food +and food utensils for off-premise consumption and service. +         (B)   Districts permitted: By right in CR, RR, CS, industrial, central +area, mixed use, multiple commercial, and urban corridor districts. By right as +a limited use only in LO(A), MO(A), and GO(A) districts. +         (C)   Required off-street parking: One space per 200 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 1 +50,000 to 100,000 2 +50,000 to 100,000 1 additional +Each additional 100,000 or fraction thereof 1 additional +  +      (4)   Commercial cleaning or laundry plant. +         (A)   Definition: A facility for the cleaning or laundering of +garments, fabrics, rugs, draperies, or other similar items on a commercial or +bulk basis. +         (B)   Districts permitted: By right in CS, industrial, and central +area districts. RAR required in CS and industrial districts. +         (C)   Required off-street parking: One space per 300 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (5)   Custom business services. +         (A)   Definition: A facility for providing custom services and +activities which are performed according to a personal order and require +individualized treatment of items. Typical custom business services include +etching, engraving, laminating, binding, or the assembly, repair, and sale of +such items as trophies, books, documents, window shades, and venetian blinds. +         (B)   Districts permitted: By right in CR, RR, CS, industrial, central +area, mixed use, multiple commercial, and urban corridor districts. +         (C)   Required off-street parking: One space per 300 square feet of +floor area; a minimum of five spaces is required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (6)   Custom woodworking, furniture construction, or repair. +         (A)   Definition: A facility for the custom making, repairing, or +refinishing of furniture or wood products on an individualized, single item +basis. +         (B)   Districts permitted: By right in CS, industrial, and central +area districts. +         (C)   Required off-street parking: One space per 500 square feet of +floor area; a minimum of two spaces is required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Specialized equipment for custom making, repairing, or +reupholstering furniture is permitted under this use. +      (7)   Electronics service center. +         (A)   Definition: A facility for the repair and service of computers +and computer equipment, stereo equipment, televisions, radios, and other such +electronic items. +         (B)   Districts permitted: By right in CR, RR, CS, industrial, central +area, mixed use, multiple commercial, and urban corridor districts. By right as +a limited use only in MO(A) and GO(A) districts. +         (C)   Required off-street parking: One space per 300 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Retail sales of electronic items or parts is permitted as an +accessory use. +      (8)   Job or lithographic printing. +         (A)   Definition: A facility for the commercial reproduction, cutting, +printing, or binding of written materials, drawings, or labels on a bulk basis +using lithography, offset printing, blueprinting, and similar methods. +         (B)   Districts permitted: By right in CS, industrial, central area, +and urban corridor districts. RAR required in CS and industrial districts. +         (C)   Required off-street parking: One space per 600 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (8.1)   Labor hall. +         (A)   Definitions. In this paragraph: +            (i)   LABOR HALL means any profit or non-profit public or private +entity, whether a corporation, partnership, natural person, or any other legal +entity, whose business involves securing temporary unskilled or agricultural +employment for a client through the use of a hiring hall or facility where +unskilled workers gather to await employment. +            (ii)   UNSKILLED WORKER means an individual who performs labor +involving physical toil that does not require persons engaged in a particular +occupation, craft, or trade, or practical or familiar knowledge of the +principles or processes of an art, science, craft, or trade. +         (B)   Districts permitted: By right in IR and IM districts when +located at least: +            (i)   1000 feet from all conforming residential uses; and +            (ii)   500 feet from all "public or private school" uses. +Otherwise, by SUP in IR and IM districts. By SUP only in RR, CS, LI, central +area, mixed use, and multiple commercial districts. +         (C)   Required off-street parking. One space per 500 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0,000 to 50,000 NONE +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use must have a lobby or waiting room with a floor area +of not less than the greater of 500 square feet or 50 percent of the total +floor area of the premises. +            (ii)   Food may be prepared and served as an accessory use. +            (iii)   No SUP for a labor hall may be granted for more than a two- +year time period. An SUP for a labor hall is not eligible for automatic +renewal. +            (iv)   In determining whether to grant a specific use permit for a +labor hall, the city council shall consider its proximity to the main uses +listed in Subparagraph (B) of this paragraph, and require that the labor hall +meet, as nearly as practicable, the distance requirements set out in that +subparagraph. +            (v)   Measurements of distance under this paragraph are taken +radially. "Radial" measurement means a measurement taken along the shortest +distance between the nearest point of the building site of the labor hall and +the nearest point of the building site of another use. +            (vi)   This use must comply with all applicable licensing +provisions. +      (9)   Machine or welding shop. +         (A)   Definition: A facility where material is processed by machining, +cutting, grinding, welding, or similar processes. +         (B)   Districts permitted: By right in CS and industrial districts. +RAR required in CS and industrial districts. +         (C)   Required off-street parking: One space per 500 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (10)   Machinery, heavy equipment, or truck sales and service. +         (A)   Definition: A facility for the display, sale, and service of +machinery, heavy equipment, or trucks. +         (B)   Districts permitted: By right in RR, CS, and industrial +districts. RAR required in RR, CS, and industrial districts. +         (C)   Required off-street parking: One space per 1,000 square feet of +sales area (whether inside or outside). +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (11)   Medical or scientific laboratory. +         (A)   Definition: A facility for testing and analyzing medical or +scientific problems. +         (B)   Districts permitted: By right in MO(A), GO(A), CS, industrial, +central area, MU-2, MU- 2(SAH), MU-3, MU-3(SAH), MC-3, and MC-4 districts. By +SUP only in LO(A), CR, RR, MU-1, MU-1(SAH), MC-1, MC-2, and urban corridor +districts. +         (C)   Required off-street parking: One space per 300 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (12)   Technical school. +         (A)   Definition: A business enterprise offering instruction and +training in trades or crafts such as auto repair, cooking, welding, +bricklaying, machinery operation, or other similar trades or crafts. +         (B)   Districts permitted: By right in CS, industrial, and central +area districts. +         (C)   Required off-street parking: One space per 25 square feet of +classroom. Any personal service uses accessory to a technical school must be +parked to the personal service use parking requirement. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (13)   Tool or equipment rental. +         (A)   Definition: A facility for renting tools or equipment. +         (B)   Districts permitted: By right in CR, RR, CS, industrial, central +area, MU-2; MU-2(SAH), MU-3, MU-3(SAH), MC-3, and MC-4 districts. +         (C)   Required off-street parking: One space per 200 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (14)   Vehicle or engine repair or maintenance. +         (A)   Definition: A facility for the repair, maintenance, or +restoration of motor vehicles, motor vehicle engines, electrical motors, or +other similar items. +         (B)   Districts permitted: By right in RR, CS, industrial, and central +area districts. RAR required in RR, CS, and IM districts. DIR required in +central area districts. +         (C)   Required off-street parking: One space per 500 square feet of +floor area; a minimum of five spaces is required. Parking spaces that are used +to repair vehicles and located in a structure are not counted in determining +the required parking. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   If an inoperable or wrecked motor vehicle remains outside on +the premises for more than 24 hours, the premises is an outside salvage or +reclamation use. However, a premise is not an outside salvage or reclamation +use if the premise stores not more than four inoperable or wrecked motor +vehicles each of which having a valid state registration, current safety +inspection certificate, and documentary record of pending repairs or other +disposition, and if the premise has a current certificate of occupancy for a +motor vehicle related use. (Ord. Nos. 19455; 19786; 20493; 20902; 21001; 21663; +23910; 24718; 28803; 30890) +SEC. 51A-4.203.   INDUSTRIAL USES. +   (a)   Potentially incompatible industrial uses. +      (1)   A “potentially incompatible industrial use” listed in this +subsection is permitted by SUP only in the IM district. +      (2)   The following main uses, activities, operations, and processes are +hereby declared to be potentially incompatible industrial uses: +         -   Asphalt or concrete batching +         -   Bulk processing, washing, curing, or dyeing of hair, felt, or +feathers +         -   Concrete crushing +         -   Fat rendering +         -   Foundries, ferrous or non-ferrous +         -   Grain milling or processing +         -   Leather or fur tanning, curing, finishing, or dyeing +         -   Metal or metal ore reduction, refining, smelting, or alloying +         -   Metal or metal product treatment or processing, including +enameling, japanning, lacquering, galvanizing, or similar processes +         -   Petroleum or petroleum product refining +         -   Radioactive waste disposal services involving the handling or +storage of radioactive waste, excluding hazardous waste management facilities +as defined in this chapter +         -   Solvent extracting +         -   Slaughtering of animals, fish, or poultry +         -   Sugar refining +         -   Textile bleaching +         -   Wood or bone distillation +         -   Wood or lumber processing, including sawmills or planing mills, +wood-preserving treatment, and similar processes +         -   Wood pulp or fiber reduction or processing, including paper mill +operations +         -   Wool scouring or pulling +      (3)   Main uses that manufacture the following products are hereby +declared to be potentially incompatible industrial uses: +         -   Asphalt or asphalt products +         -   Brick, tile, or clay +         -   Cement +         -   Charcoal, lampblack, or fuel briquettes +         -   Chemicals, including acetylene, aniline dyes, ammonia, carbide, +caustic soda, cellulose, chlorine, carbon black or bone black, cleaning or +polishing preparations, creosote, exterminating agents, hydrogen or oxygen, +industrial alcohol, potash, plastic materials or synthetic resins, rayon yarns, +or hydrochloric, picric, or sulphuric acids or derivatives +         -   Coal, coke, or tar products +         -   Excelsior or packing materials +         -   Fertilizers +         -   Gelatin, glue, or size +         -   Glass or glass products, including structural or plate glass or +similar products +         -   Graphite or graphite products +         -   Gypsum +         -   Heavy metal casting or foundry products, including ornamental iron +work or similar products +         -   Insecticides, fungicides, disinfectants, or related industrial or +household chemical compounds +         -   Linoleum or oil cloth +         -   Lumber, plywood, veneer, or similar wood products +         -   Matches +         -   Miscellaneous metal alloys or foil, including solder, pewter, +brass, bronze, or tin, lead, or gold foil, or similar products +         -   Paint, varnishes, or turpentine +         -   Paper +         -   Porcelain products, including bathroom or kitchen equipment, or +similar products +         -   Raw plastic +         -   Rubber, natural or synthetic, including tires, tubes, or similar +products +         -   Soaps or detergents +         -   Stone products, including abrasives, asbestos, stone screenings, +and sand or lime products +   (b)   Specific uses. +      (0)   Alcoholic beverage manufacturing. +         (A)   Definition: An establishment for the manufacture, blending, +fermentation, processing, and packaging of alcoholic beverages with a floor +area exceeding 10,000 square feet that takes place wholly inside a building. A +facility that only provides tasting or retail sale of alcoholic beverages is +not an alcoholic beverage manufacturing use. +         (B)   Districts permitted: By right in industrial districts with RAR +required. By SUP only in central area districts. +         (C)   Required off-street parking: +            (i)   Except as otherwise provided, one space per 600 square feet +of floor area. +            (ii)   One space per 1,000 square feet of floor area used for +storage. +            (iii)   One space per 100 square feet of floor area used for retail +sales and seating. +         (D)   Required off-street loading: +  +SQUARE FEET OF MANUFACTURING OR STORAGE FLOOR TOTAL REQUIRED SPACES OR BERTHS +AREA +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Retail sales of alcoholic beverages and related items and +tastings or sampling are allowed in accordance with Texas Alcoholic Beverage +Commission regulations. +            (ii)   Except for loading, all activities must occur within a +building. +            (iii)   Silos and containers of spent grain are allowed as outdoor +storage. Containers of spent grain must be screened. All other outdoor storage +or repair is prohibited. +            (iv)   If an SUP is required, silos and outdoor storage areas for +spent grain must be shown on the site plan. +            (v)   Drive-through facilities are prohibited. +      (1)   Industrial (inside). +         (A)   Definition: An industrial facility where all processing, +fabricating, assembly, or disassembly takes place wholly within an enclosed +building. +         (B)   Districts permitted: If this use is "potentially incompatible" +[See Subsection (a)], it is permitted by SUP only in the IM district; +otherwise, it is permitted by right in industrial districts with RAR required. +         (C)   Required off-street parking: One space per 600 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Accessory outside storage is limited to five percent of the +lot. Outside storage that occupies more than five percent of the lot is only +allowed in a district where outside storage is permitted as a main use. For +more information regarding accessory outside storage, see Section +51A-4.217. For more information regarding outside storage as a main use, see +Section +51A-4.213. +            (ii)   Accessory inside retail sales may occupy up to 10 percent of +the total floor area of the main use. +      (1.1)   Industrial (inside) for light manufacturing. +         (A)   Definition: A light industrial use where all processing, +fabricating, assembly, or disassembly of items takes places wholly within an +enclosed building. Typical items for processing, fabricating, assembly, or +disassembly under this use include but are not limited to apparel, food, +drapes, clothing accessories, bedspreads, decorations, artificial plants, +jewelry, instruments, computers, and electronic devices. +         (B)   Districts permitted: By right in CS and industrial districts. +         (C)   Required off-street parking: One space per 600 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Potentially incompatible industrial uses, as defined in this +section, are prohibited as part of any activity, operation, or processing +conducted under this use. +            (ii)   This use may not exceed 10,000 square feet of floor area. +      (2)   Industrial (outside). +         (A)   Definition: An industrial facility where any portion of the +processing, fabricating, assembly, or disassembly takes place outside or in an +open structure. +         (B)   Districts permitted: If this use is "potentially incompatible" +[See Subsection (a)], it is permitted by SUP only in the IM district; otherwise +it is permitted: +            (i)   by right in the IM district with RAR required; and +            (ii)   by SUP only in the IR district. +         (C)   Required off-street parking: One space per 600 square feet of +floor area, plus one space per 600 square feet of outside manufacturing area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Accessory outside storage may occupy to 50 percent of the +lot. Outside storage that occupies more than 50 percent of the lot is only +allowed in a district where outside storage is permitted as a main use. For +more information regarding accessory outside storage, see Section +51A-4.217. For more information regarding outside storage as a main use, see +Section +51A-4.213. +            (ii)   Any portion of the building site containing this use that is +adjacent to or directly across a street or alley from a district other than an +IR or IM district must be screened from that district. +            (iii)   Accessory inside retail sales may occupy up to 10 percent +of the total floor area of the main use. +      (2.1)   Medical/infectious waste incinerator. +         (A)   Definition: A facility used to incinerate plastics, special +waste, and waste containing pathogens or biologically active material, which +because of its type, concentration, and quantity, is capable of transmitting +disease to persons exposed to the waste. +         (B)   Districts permitted: By SUP only in IR and IM districts. +         (C)   Required off-street parking: One space per 1,000 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   All medical/infectious waste incinerators must be located at +least: +               (aa)   1,000 feet from all lots containing residential; public +or private school; church; and public park, playground, or golf course uses; +and +               (bb)   one mile from all lots containing municipal and hazardous +waste incinerators. +            (ii)   A medical/infectious waste incinerator used to incinerate up +to 225 pounds of waste per hour must be located: +               (aa)   on a lot that is no smaller than one acre in size; +               (bb)   at least 100 feet from the lot line; and +               (cc)   at least one-fourth mile from all lots containing main +use medical/infectious and pathological waste incinerators. +            (iii)   A medical/infectious waste incinerator used to incinerate +more than 225 pounds of waste per hour must be located: +               (aa)   on a lot that is no smaller than five acres in size; +               (bb)   at least 200 feet from the lot line; and +               (cc)   at least one mile from all lots containing main use +medical/infectious and pathological waste incinerators. +            (iv)   No outside storage is permitted in conjunction with this +use. +            (v)   The area of notification for a public hearing to consider an +SUP application for this use is 500 feet. +      (3)   Metal salvage facility. +         (A)   Definition: A facility that collects, separates, and processes +scrap metal in bulk form for reuse and manufacturing. +         (B)   Districts permitted: By SUP only in the IM district. +         (C)   Required off-street parking: The off-street parking requirement +may be established in the ordinance granting the SUP, otherwise a minimum of +five spaces required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use must have a visual screen of at least nine feet in +height which consists of a solid masonry, concrete, or corrugated sheet metal +wall, or a chain link fence with metal strips through all links. +            (ii)   The owner of a metal salvage facility shall not stack +objects higher than eight feet within 40 feet of the visual screen. The owner +of a metal salvage facility may stack objects one foot higher than eight feet +for each five feet of setback from the 40 foot point. +            (iii)   If an inoperable or wrecked motor vehicle remains outside +on the premises for more than 24 hours, the premises is an outside salvage or +reclamation use. However, a premise is not an outside salvage or reclamation +use if the premise stores not more than four inoperable or wrecked motor +vehicles each of which having a valid state registration, current safety +inspection certificate, and documentary record of pending repairs or other +disposition, and if the premise has a current certificate of occupancy for a +motor vehicle related use. +            (iv)   A minimum distance of 500 feet is required between a metal +salvage facility and an R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH +(A) district. +      (3.1)    Mining. +         (A)   Definition: The extraction, removal, or stockpiling of earth +materials, including soil, sand, gravel, oil, or other materials found in the +earth. The excavation of earth materials for ponds or lakes, including +excavations for fish farming ponds and recreational lakes, are considered +mining unless otherwise expressly authorized by another provision of this code. +The following are not considered mining: +            (i)   The extraction, removal, or stockpiling of earth materials +incidental to an approved plat or excavation permit, incidental to construction +with a building permit, or for governmental or utility construction projects +such as streets, alleys, drainage, gas, electrical, water, and telephone +facilities and similar projects. +            (ii)   The extraction, removal, or stockpiling of earth materials +incidental to construction of landscaping, retaining walls, fences, and similar +activities consistent with the land use allowed at the site of removal. +            (iii)   Gas drilling and production. See Section +51A-4.203(b)(3.2). +         (B)   Districts permitted: By SUP only in A(A) and IM districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The applicant shall submit a site plan of existing +conditions, operations plan, reclamation plan, and the proposed bond to the +director for review and recommendation. +            (ii)   If a specific use permit is granted, the city shall inspect +and monitor the mining and reclamation operation at least once annually. +            (iii)   A specific use permit may not be issued for mining on city +park land. +         (F)   Site plan of existing conditions: The applicant shall submit a +site plan of existing conditions that includes: +            (i)   a site location map on a small scale showing major +circulation routes and other landmarks which would aid in the location of the +site; +            (ii)   contours shown at no greater than five-foot intervals; +            (iii)   connections to roads outside the site; +            (iv)   location, identification, and dimensions of all public and +private easements; +            (v)   location of flood plain, water bodies, natural and man-made +channels (wet and dry), and subsurface channels; +            (vi)   tree and other vegetation groupings, rock outcroppings, and +any other significant natural features; +            (vii) location and depth of any known former or current mines or +landfills in or within 500 feet of the boundaries of the excavation and an +indication of the type of fill used; +            (viii) analyzed core samples if the city determines that +contaminants may be present; and +            (ix)   any other information the director determines is reasonably +necessary for a complete review of the proposed operations. +         (G)   Operations plan: The applicant shall submit an operations plan +that includes: +            (i)   storage of reclamation topsoil and methods of disposing of +all material not to be sold or reclaimed; +            (ii)   hours of operation; +            (iii)   location and depth of excavation; +            (iv)   drainage and erosion control measures; +            (v)   method for the disposal of contaminants, if present; +            (vi)   roads to be used for transportation of stone, sand, or +gravel; +            (vii)   fences or any other barriers necessary for safety; +            (viii)   noise and dust control measures; +            (ix)   the length of time necessary to complete the mining and +reclamation of the site; and +            (x)   any other information the director determines is reasonably +necessary for a complete review of the proposed operations. +         (H)   Reclamation plan: The applicant shall submit a reclamation plan +that is verified by a registered surveyor. The reclamation plan must show the +reclamation of the entire site upon completion of operation and the phases of +reclamation to be completed at no greater than five-year intervals. The +reclamation plan must include the following information: +            (i)   contours shown at no greater than five-foot intervals with +slopes not steeper than a three-to-one (horizontal to vertical) ratio; +            (ii)   circulation routes, including roadways, any internal +circulation, rights-of-way, and connections to roads outside the site; +            (iii)   location, identification, and dimensions of all public and +private easements; +            (iv)   location of flood plain, water bodies, natural and man-made +channels (wet and dry), subsurface dams, dikes, or channels; +            (v)   location of any areas to be filled with water including a +description of the source of the water, the means of water retention, and the +prevention of stagnation and pollution; +            (vi)   location and type of vegetation; +            (vii)   structures (including height), utilities, and proposed land +uses, if any; +            (viii)   the amount of the performance bond that will be posted in +accordance with Subparagraph (I) below; and +            (ix)   any other information the director determines is reasonably +necessary for a complete review of the proposed operation. +         (I)   Performance bond: +            (i)   The applicant shall post a performance bond with the city +controller before passage of the ordinance granting the specific use permit. +The performance bond must be approved as to form by the city attorney. +            (ii)   The bond must be twice the estimated cost to the city of +restoring the premises in a manner shown on the reclamation plan. The amount of +the bond shall be determined by the director on the basis of relevant factors +including expected changes in the price index, topography of the site, project +methods being employed, depth and composition of overburden, and data provided +in the reclamation plan. +            (iii)   The bond must be issued by a surety company licensed to do +business in Texas. The applicant may deposit cash, certificates of deposit, or +government securities in lieu of a bond. Interest received on deposits and +securities must be returned to the applicant upon the approval of reclamation +of the site. +            (iv)   The director shall conduct a final inspection to determine +whether the site has been reclaimed in accordance with the specific use permit. +Final inspection must be made not more than two years after the expiration of +the specific use permit. A registered surveyor provided by the applicant shall +verify the final topography of the site. +            (v)   The director shall report to the city council on the +completion of the project. The city council shall determine by resolution +whether the reclamation has been completed in accordance with the specific use +permit and whether the performance bond should be released. +            (vi)   The city controller shall release the bond or deposit if the +city council finds that the applicant has completed reclamation of the site in +accordance with the specific use permit. If the site is not restored in +accordance with the reclamation plan, the director shall use the bond or +deposit to restore the site in accordance with the plan. +      (3.2)   Gas drilling and production. +         (A)   Definitions: +            (i)   BOUNDARY means the perimeter of the operation site. OPERATION +SITE means the area identified in the SUP to be used for drilling, production, +and all associated operational activities after gas drilling is complete. +            (ii)    ENVIRONMENTALLY SIG- NIFICANT AREA means an area: +               (aa)   with slopes greater than three to one; +               (bb)   containing endangered species of either flora or fauna; +               (cc)   that is geologically similar to the Escarpment Zone, as +defined in Division +51A-5.200, “Escarpment Regulations,” of +Article V, “Flood Plain and Escarpment Zone Regulations;” +               (dd)   identified as wetlands or wildlife habitat; +               (ee)   determined to be an archeological or historical site; or +               (ff)   containing more than 1,000 inches of trunk diameter of +protected trees, in the aggregate, within a 10,000 square foot area. Trunk +diameter is measured at a point 12 inches above grade. To be included in the +aggregate calculations of trunk diameter, a protected tree must have a trunk +diameter of six inches or more. For purposes of this provision, a protected +tree is defined in Section 5A-10.101. +            (iii)   GAS DRILLING AND PRODUCTION means the activities related to +the extraction of any fluid, either combustible or noncombustible, that is +produced in a natural state from the earth and that maintains a gaseous or +rarefied state at standard temperature and pressure conditions, or the +extraction of any gaseous vapors derived from petroleum or natural gas. +            (iv)   HABITABLE STRUCTURE means any use or structure that is not a +protected use but has a means of ingress or egress, light, and ventilation. +Habitable structure does not include an accessory structure, such as a garage +or shed. +            (v)   PROTECTED USE means institutional and community service uses +(except cemetery or mausoleum); lodging uses; office uses; recreation uses +(except when the operation site is on a public park, playground, or golf +course); residential uses; and retail and personal service uses (except +commercial motor vehicle parking or commercial parking lot or garage). Parking +areas and areas used exclusively for drainage detention are not part of a +protected use. +            (vi)   See +Article XII for additional definitions that apply to gas drilling and +production. +         (B)   Districts permitted: By SUP only in all districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   See +Article XII for additional regulations relating to gas drilling and production. +No provision found in Articles IV or XII may be waived through the adoption of +or amendment to a planned development district. +            (ii)   Before an SUP for a gas drilling and production use within a +public park, playground, or golf course may be processed, city council must +hold a public hearing and make a determination in accordance with Texas Parks +and Wildlife Code +Chapter 26, “Protection of Public Parks and Recreational Lands.” +            (iii)   A favorable vote of three-fourths of all members of the +city council is required to approve a gas drilling and production use on a +public park, playground, or golf course if city council finds that the approval +will not harm the public health, safety, or welfare. +            (iv)   In addition to the findings required in Section +51A-4.219 for the granting of an SUP, city plan commission and city council +must consider the: +               (aa)   proximity of a proposed gas drilling and production use +to an environmentally significant area; and +               (bb)   potential impact the proposed gas drilling and production +use may have on the environmentally significant area. +            (v)    Compliance with federal and state laws and regulations and +with city ordinances, rules, and regulations is required, and may include +platting, a flood plain fill or alteration permit, building permits, and gas +well permits. Compliance with these additional regulations may be required +before, concurrently with, after, or independently of the SUP process. +            (vi)    Trailers or mobile homes that are temporarily placed on the +operation site and used by gas drilling workers as a residence are a permitted +accessory use. +            (vii)   Once any gas drilling related activity begins on the +operation site, the applicant shall limit access to the operation site by +erecting an eight-foot-tall temporary chain-link fence. Within 30 days after +any well completion activity ceases, an eight-foot-tall permanent fence must be +erected and maintained around the perimeter of the operation site. This +provision controls over the fence height regulations of the zoning district. +City council, by SUP, may require a different form of screening, but may not +reduce the fence height requirements of this provision. +            (viii)   Access to the operation site must comply with the Dallas +Fire Code. The operation site plan must be reviewed and approved by the fire +marshal before an SUP can be granted. +            (ix)   The operation site may not have a slope greater than 10 +degrees unless the director determines that all equipment is located and +activities occur on a portion of the operation site that does not have a slope +greater than 10 degrees, there is adequate erosion control, and the slope of +the operation site will not be a threat to the public safety or welfare. +            (x)   The operator shall provide the director with a statement of +intent to enter into a road repair agreement before an SUP may be scheduled for +a public hearing. +            (xi)   The director shall revise the zoning district maps upon the +granting of an SUP for a gas drilling and production use, to provide a 1,000 +foot gas drilling and production use notice overlay around the boundary of the +operation site. +         (F)   Spacing: +            (i)   Habitable structure. +               (aa)   Except as otherwise provided in this provision, a gas +drilling and production use must be spaced at least 300 feet from a habitable +structure. +               (bb)   If a gas drilling and production use is located on the +same property as a habitable structure, the spacing requirements in this +provision may be waived for that habitable structure with a favorable vote of +two-thirds of all members of the city council if city council finds that the +reduction will not harm the public health, safety, or welfare. +               (cc)   Spacing is measured from the boundary of the operation +site in a straight line, without regard for intervening structures or objects, +to the closest point of the habitable structure. +            (ii)   Protected use. +               (aa)   Except as otherwise provided in this provision, a gas +drilling and production use must be spaced at least 1,500 feet from a protected +use (except trailers or mobile homes placed on the operation site as temporary +residences for workers). +               (bb)   City council may reduce the minimum 1,500 foot spacing +requirement from a protected use by not more than 500 feet with a favorable +vote of two-thirds of all members of the city council if city council finds +that the reduction will not harm the public health, safety, or welfare. +               (cc)   If a gas drilling and production use is located on the +same property as a protected use, the spacing requirements in this provision +may be waived for that protected use with a favorable vote of two-thirds of all +members of the city council if city council finds that the reduction will not +harm the public health, safety, or welfare. +               (dd)   If a gas drilling and production use is located on a +public park, playground, or golf course, the spacing requirements in this +subparagraph do not apply to protected uses or habitable structures located on +the public park, playground, or golf course. The spacing requirements in this +provision for protected uses and habitable structures off the public park, +playground, or golf course use still apply. +               (ee)   Spacing is measured as follows: +                  (11)   For institutional and community service uses (except +cemetery or mausoleum), and residential uses, from the boundary of the +operation site in a straight line, without regard to intervening structures or +objects, to the property line of the institutional and community service use +(except cemetery or mausoleum) or the residential use. +                  (22)   For recreation uses (except when the operation site is +on a public park, playground, or golf course), lodging uses, office uses, and +retail and personal service uses (except commercial motor vehicle parking or +commercial parking lot or garage) from the boundary of the operation site in a +straight line, without regard to intervening structures or objects, to the +closest point of a physical barrier or demarcation that establishes a boundary +of the protected use. Examples of physical barriers or demarcations include +fencing around activity areas, such as play fields, courts, or pools; or edges, +borders, or boundaries of maintained areas adjacent to trails, golf courses, or +active recreation areas. If the protected use is conducted exclusively inside, +from the boundary of the operation site in a straight line, without regard to +intervening structures of objects, to the closest point of the structure +housing the protected use. +         (G)   Neighborhood meeting: +            (i)   Within 60 days after filing an SUP application, the applicant +or operator shall, at the applicant or operator’s expense, provide notice of a +neighborhood meeting regarding the pending SUP application. +            (ii)   The applicant or operator shall mail notice of the +neighborhood meeting by depositing the notice properly addressed and postage +paid in the United States mail. The notice must be written in English and +Spanish. The applicant or operator shall mail notice of the neighborhood +meeting to all real property owners as indicated by the most recent appraisal +district records and all mailing addresses within 2,000 feet of the boundary of +the proposed gas drilling and production use operation site. +            (iii)   The notice of the neighborhood meeting must include: +               (aa)   the date, time, and location of the neighborhood meeting; +               (bb)   the identity of the applicant and the operator; +               (cc)   the location of the pending SUP application; +               (dd)   information about the proposed gas drilling and +production use; +               (ee)   the purpose of the neighborhood meeting; and +               (ff)   information about subscribing to the operator’s +electronic notification list to receive updates about when specific operations +will occur, including site preparation, drilling, casing, fracturing, pipeline +construction, production, transportation, and maintenance of the operation +site. +            (iv)   Within five days after mailing the notice of the +neighborhood meeting, the applicant shall file an affidavit with the director +swearing and affirming that all real property owners and mailing addresses +within 2,000 feet of the boundary of the proposed gas drilling and production +use operation site were mailed notice of the neighborhood meeting in accordance +with this subparagraph. The affidavit must include a list of the real property +owners and mailing addresses to which notice was sent. +            (v)   The applicant and operator shall attend and conduct the +neighborhood meeting not less than seven or more than 21 days after providing +notice of the neighborhood meeting. The neighborhood meeting must be held at a +facility open to the public near the proposed gas drilling and production use. +            (vi)   The purpose of the neighborhood meeting is for the applicant +or operator to: +               (aa)   inform the community about the proposed gas drilling and +production use; +               (bb)   explain the operations associated with gas drilling and +production, including site preparation, site development and construction, +drilling, casing, fracturing, pipeline construction, production, +transportation, and maintenance of the operation site; and +               (cc)   explain and provide information about subscribing to the +operator’s electronic notification list to receive updates about when specific +operations will occur, including site preparation, drilling, casing, +fracturing, pipeline construction, production, transportation, and maintenance +of the operation site. +      (3.3)   Gas pipeline compressor station. +         (A)   Definition: +            (i)   BOUNDARY means the perimeter of the compressor station site. +GAS PIPELINE COMPRESSOR STATION SITE means the area identified in the SUP to be +used for the gas pipeline compressor station. +            (ii)   GAS PIPELINE COMPRESSOR STATION means a facility for devices +that raise the pressure of a compressible fluid (gas) in order for the gas to +be transported through a transmission pipeline. This use does not include +compressors that are part of a gas drilling and production use that only +provide compression for gas to circulate into a gathering system. +            (iii)   PROTECTED USE means institutional and community service +uses (except cemetery or mausoleum); lodging uses; office uses; recreation uses +(except when the operation site is on a public park, playground, or golf +course); residential uses; and retail and personal service uses (except +commercial motor vehicle parking or commercial parking lot or garage). Parking +areas and areas used exclusively for drainage detention are not part of a +protected use. +         (B)   Districts permitted: By SUP only in IM district. +         (C)   Required off-street parking: Five spaces. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A gas pipeline compressor station must be spaced at least +1,500 feet from a protected use, measured from the boundary of the gas pipeline +compressor station site in a straight line, without regard to intervening +structures or objects, to the closest point of the protected use or areas of +the protected use activity. +            (ii)   To reduce noise, all compressors must be fully enclosed in a +building. +            (iii)   Except as otherwise provided in this subparagraph, the +perimeter of the gas pipeline compressor station site must be screened from +public view. City council may, by SUP, require a different form of screening +but may not reduce the height requirements in this subparagraph. Screening must +be at least six feet in height and must be constructed of: +               (aa)   earthen berm planted with turf grass or ground cover that +does not have a slope that exceeds one foot of height for each two feet of +width; +               (bb)   brick, stone, metal, or masonry wall that significantly +screens equipment and structures from view; +               (cc)   landscaping materials recommended for local area use by +the chief arborist. The landscaping must be located in a bed that is at least +three feet wide with a minimum soil depth of 24 inches. The initial plantings +must be capable of obtaining a solid appearance within 18 months; or +               (dd)   any combination of the above. +            (iv)   Unless a specific color is required by federal or state law, +all equipment and structures must be painted with a neutral color to match the +nearby surroundings as nearly as possible. +            (v)    To reduce noise and emissions, electric motors must be used +on the gas pipeline compressor station unless the operator submits a report to +the gas inspector and the gas inspector finds that electric motors cannot be +used. +            (vi)    Internal combustion engines and compressors, whether +stationary or mounted on wheels, must be equipped with an exhaust muffler or a +comparable device that suppresses noise and disruptive vibrations and prevents +the escape of gases, fumes, ignited carbon, or soot. +            (vii)   Exhaust from any internal combustion engine or compressor +may not be discharged into the open air unless it is equipped with an exhaust +muffler or mufflers or an exhaust muffler box constructed of non-combustible +materials sufficient to suppress noise and disruptive vibrations and prevent +the escape of noxious gases, fumes, ignited carbon, or soot. +            (viii)   Compressors must comply with the low and high frequency +noise requirements in Section +51A-12.204(1), “Noise.” +      (4)   Municipal waste incinerator. +         (A)   Definition: A facility used to +incinerate solid waste, other than industrial or hazardous waste, resulting +from or incidental to municipal, community, institutional, and recreational +activities, including, but not limited to, garbage, rubbish, ashes, street +cleanings, dead animals, and abandoned automobiles. +         (B)   Districts permitted: By SUP only in IR and IM districts. +         (C)   Required off-street parking: One space per 1,000 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   A municipal waste incinerator must front on a principal +arterial. +            (ii)   The incinerator must be located on a lot that is no smaller +than five acres in size, and be located at least 200 feet from the lot line. +            (iii)   The incinerator must be located at least: +               (aa)   1,500 feet from all lots containing residential; public +or private school; church; public park, playground, or golf course; +convalescent or nursing home; medical clinic or ambulatory surgical center; and +hospital uses; +               (bb)   two miles from all lots containing municipal and +hazardous waste incinerators; and +               (cc)   one mile from all lots containing medical/infectious and +pathological waste incinerators. +            (iv)   No outside storage is permitted in conjunction with this +use. +            (v)   The area of notification for a public hearing to consider an +SUP application for this use is 750 feet. +      (4.1)   Organic compost recycling facility. +         (A)   Definition: A commercial facility where the production of +compost from organic materials takes place outside or in an open structure. For +purposes of this definition, organic materials mean leaves, grass clippings, +yard and garden debris, and brush, including clean woody vegetative material +not greater than six inches in diameter that results from landscape maintenance +and land-clearing operations. Tree stumps, roots, and shrubs with intact root +balls are not organic materials. +         (B)   Districts permitted: By right in the IM district with RAR +required. By SUP only in A(A) and IR districts. +         (C)   Required off-street parking: One space per 500 square feet of +floor area. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   In an IM district, an organic compost recycling facility must +be visually screened on any side that is within 200 feet of and visible from a +thoroughfare or an adjacent property that is not zoned an IM district. For +purposes of this paragraph, adjacent means across the street or sharing a +common lot line. +      (5)   Outside salvage or reclamation. +         (A)   Definition: A facility which stores, keeps, dismantles, or +salvages scrap or discarded material or equipment outside. Scrap or discarded +material includes but is not limited to metal, paper, rags, tires, bottles, or +inoperable or wrecked motor vehicles, motor vehicle parts, machinery, and +appliances. +         (B)   Districts permitted: By SUP only in the IM district. +         (C)   Required off-street parking: The off-street parking requirement +may be established in the ordinance granting the SUP, otherwise a minimum of +five spaces required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use must have a visual screen of at least nine feet in +height which consists of a solid masonry, concrete, or corrugated sheet metal +wall, or a chain link fence with metal strips through all links. +            (ii)   The owner of an outside salvage or reclamation use shall not +stack objects higher than eight feet within 40 feet of the visual screen. The +owner of an outside salvage or reclamation use may stack objects one foot +higher than eight feet for each five feet of setback from the 40 foot point. +            (iii)   If an inoperable or wrecked motor vehicle remains outside +on the premises for more than 24 hours, the premises is an outside salvage or +reclamation use. However, a premise is not an outside salvage or reclamation +use if the premise stores not more than four inoperable or wrecked motor +vehicles each of which having a valid state registration, current safety +inspection certificate, and documentary record of pending repairs or other +disposition, and if the premise has a current certificate of occupancy for a +motor vehicle related use. +            (iv)   A minimum distance of 500 feet is required between an +outside salvage or reclamation use and an R, R(A), D, D(A), TH, TH(A), CH, MF, +MF(A), MH, or MH(A) district. +      (5.1)   Pathological waste incinerator. +         (A)   Definition: A facility used to incinerate organic human or +animal waste, including, but not limited to: +            (i)   Human materials removed during surgery, labor and delivery, +autopsy, or biopsy, including body parts, tissues or fetuses, organs, and bulk +blood and body fluids. +            (ii)   Products of spontaneous human abortions, regardless of the +period of gestation, including body parts, tissue, fetuses, organs, and bulk +blood and body fluids. +            (iii)   Anatomical remains. +            (iv)   Bodies for cremation. +         (B)   Districts permitted: By SUP only in IR and IM districts. +         (C)   Required off-street parking: One space per 1,000 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   A pathological waste incinerator must be located on a lot +that is no smaller than one acre in size, and be at least 100 feet from the lot +line. +            (ii)   The incinerator must be located at least: +               (aa)   1,000 feet from all lots containing residential; public +or private school; church; and public park, playground, or golf course uses; +               (bb)   one mile from all lots containing municipal and hazardous +waste incinerators; and +               (cc)   one-fourth mile from all lots containing medical/ +infectious and pathological waste incinerators. +            (iii)   Reserved. +            (iv)   All waste must be disposed of within a 24 hour period. +            (v)   No outside storage is permitted in conjunction with this use. +      (6)   Temporary concrete or asphalt batching plant. +         (A)   Definition: A temporary facility for mixing cement or asphalt. +         (B)   Districts permitted: By SUP only in all districts. +         (C)   Off-street parking: +            Required off-street parking: Two spaces. Off-street parking +requirements for this use may be satisfied by providing temporary parking +spaces that do not strictly comply with the construction and maintenance +provisions for off-street parking in this chapter. The operator of this use has +the burden of demonstrating to the satisfaction of the building official that +the temporary parking spaces: +            (i)   are adequately designed to accommodate the parking needs of +the use; and +            (ii)   will not adversely affect surrounding uses. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   An application for specific use permit must consider if on- +site fencing, screening, or buffering elements provide adequate protection for +adjacent property. +            (ii)   A person to whom a temporary certificate of occupancy is +issued shall: +               (aa)   comply with city, state and federal laws at the batching +plant site; +               (bb)   clear the site of equipment, material and debris upon +completion of the project; +               (cc)   repair or replace any public improvement that is damaged +during the operation of the temporary batching plant; and +               (dd)   locate and operate the temporary plant in a manner which +eliminates unnecessary dust, noise, and odor (as illustrated by, but not +limited to covering trucks, hoppers, chutes, loading and unloading devices and +mixing operations, and maintaining driveways and parking areas free of dust). +            (iii)   A person shall only furnish concrete, asphalt, or both, to +the specific project for which the specific use permit is issued. (Ord. Nos. +19455; 19786; 20411; 20478; 20493; 21002; 21456; 22026; 22255; 22388; 22392; +24792; 25047; 26920; 28553; 28700; 28803; 29228; 29557; 29917; 30890; 32209) +SEC. 51A-4.204.   INSTITUTIONAL AND COMMUNITY SERVICE USES. +      (1)   Adult day care facility. +         (A)   Definition: A facility that provides care or supervision for +five or more persons 18 years of age or older who are not related by blood, +marriage, or adoption to the owner or operator of the facility, whether or not +the facility is operated for profit or charges for the services it offers. +         (B)   Districts permitted: By right in retail, CS, industrial, central +area, mixed use, multiple commercial, and urban corridor districts. By right as +a limited use in MF-3(A), MF-4(A), and office districts. By SUP in residential +districts. [No SUP required for a limited use in MF-3(A) and MF–4(A) +districts.] +         (C)   Required off-street parking: One space per 500 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The limited use regulations in this chapter are modified for +this use to allow an outdoor recreation area and separate access from the main +building to the recreation area. +            (ii)   This use must comply with statutory licensing requirements. +            (iii)   The persons being cared for or supervised under this use +may not use the facility as a residence. +      (2)   Cemetery or mausoleum. +         (A)   Definition: +            (i)   A cemetery is a place designated for burial of the dead. +            (ii)   A mausoleum is a building with places for the entombment of +the dead. +         (B)   Districts permitted: By SUP only in all residential and +nonresidential districts except the P(A) and urban corridor districts. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: None +         (E)   Additional provisions: +            (i)   Cemeteries are subject to +Chapter 11 of this code. +      (3)   Child-care facility. +         (A)   Definition: A facility that provides care, training, education, +custody, treatment, or supervision for persons under 14 years of age who are +not related by blood, marriage, or adoption to the owner or operator of the +facility, whether or not the facility is operated for profit or charges for the +services it offers. This use does not include: +            (i)   a facility that is operated in connection with a shopping +center, business, religious organization, or establishment where children are +cared for during short periods while parents or persons responsible for the +children are attending religious services, shopping, or engaging in other +activities on or near the premises, including but not limited to retreats or +classes for religious instruction; +            (ii)   a school or class for religious instruction that does not +last longer than two weeks and is conducted by a religious organization during +the summer months; +            (iii)   an educational facility accredited by the Central Education +Agency or the Southern Association of Colleges and Schools that operates +primarily for educational purposes in grades kindergarten and above; +            (iv)   an educational facility that operates solely for educational +purposes in grades kindergarten through at least grade two, that does not +provide custodial care for more than one hour during the hours before or after +the customary school day, and that is a member of an organization that +promulgates, publishes, and requires compliance with health, safety, fire, and +sanitation standards equal to standards required by state, municipal, and +county codes; +            (v)   a kindergarten or preschool educational program that is +operated as part of a public school or a private school accredited by the +Central Education Agency, that offers educational programs through grade six, +and does not provide custodial care during the hours before or after the +customary school day; +            (vi)   an educational facility that is integral to and inseparable +from its sponsoring religious organization or an educational facility both of +which do not provide custodial care for more than two hours maximum per day, +and that offers educational programs for children age five and above in one or +more of the following: kindergarten through at least grade three, elementary, +or secondary grades; +          (vii)   a day home as defined in Section +51A-4.217; or +            (viii)   individuals living together as a single housekeeping unit +in which not more than four individuals are unrelated to the head of the +household by blood, marriage, or adoption. +         (B)   Districts permitted: By right in retail, CS, industrial, central +area, mixed use, multiple commercial, and urban corridor districts. By right as +a limited use in MF-3(A), MF-4(A), and office districts. By SUP in residential +districts. [No SUP required for a limited use in MF-3(A) and MF–4(A) +districts.] +         (C)   Required off-street parking: If an SUP is required for this use, +the off-street parking requirement may be established in the ordinance granting +the SUP, otherwise one space per 500 square feet of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The limited use regulations in this chapter are modified for +this use to allow an outdoor play area and separate access from the main +building to the play area. +            (ii)   This use must comply with all applicable requirements +imposed by state law. +            (iii)   The persons being cared for, trained, kept, treated, or +supervised under this use may not use the facility as a residence. +      (4)   Church. +         (A)   Definition: A facility principally used for people to gather +together for public worship, religious training, or other religious activities. +This use does not include home meetings or other religious activities conducted +in a privately occupied residence. +         (B)   Districts permitted: By right in all residential and +nonresidential districts except the P(A) district. +         (C)   Required off-street parking: +            (i)   Number of spaces required. One space per 333 square feet in +floor area if a church has less than 5,000 square feet of floor area and is +located in a shopping center with more than 20,000 square feet in floor area, +otherwise one space for each four fixed seats in the sanctuary or auditorium. +If fixed benches or pews are provided, each 18 inches of length of the fixed +bench or pew constitutes one fixed seat for purposes of this paragraph. If +portions of seating areas in the sanctuary or auditorium are not equipped with +fixed seats, benches, or pews, the parking requirement for those portions is +one space for each 28 square feet of floor area. +            (ii)    Definitions. For purposes of this subsection, "remote +parking" means required off-street parking provided on a lot not occupied by +the main use. +            (iii)    Reconciliation with Divisions +51A-4.300 et seq. Except as otherwise expressly provided in this subsection, +the off-street parking regulations in Divisions +51A-4.300 et seq. apply to this use. In the event of a conflict between this +subsection and Divisions +51A-4.300 et seq., this subsection controls. +            (iv)   Remote parking. +               (aa)    Distance extension with shuttle service. A remote +parking lot for a church may be located up to one and one-half miles (including +streets and alleys) from the lot occupied by the church if a shuttle service is +provided to transport persons between the church and the remote parking lot. +The shuttle service route must be approved by the traffic engineer. +               (bb)    Remote parking agreement. An agreement authorizing a +church to use remote parking may be based on a lease of the remote parking +spaces if: +                  (I)    the lease is for a minimum term of three years; and +                  (II)    the agreement provides that both the owner of the lot +occupied by the church and the owner of the remote lot shall notify the city of +Dallas in writing if there is a breach of any provision of the lease, or if the +lease is modified or terminated. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A church may permit passengers of mass transportation and car +pools to park on the church parking lot. +            (ii)   The following structures, when located on top of a church +building, are excluded from the height measurement of the church building: +               (aa)   Belfries. +               (bb)   Bell towers. +               (cc)   Campaniles. +               (dd)   Carillons. +               (ee)   Crosses. +               (ff)   Cupolas. +               (gg)   Spires. +               (hh) Steeples. +            (iii)   A rectory, convent, or monastery is permitted as an +accessory use. +      (5)   College, university, or seminary. +         (A)   Definition: +            (i)   A college or university is an academic institution of higher +learning beyond the level of secondary school. +            (ii)   A seminary is an institution for the training of candidates +for the priesthood, ministry, or rabbinate. +         (B)   Districts permitted: By right in A(A), LO(A), MO(A), GO(A), CR, +RR, CS, industrial, central area, mixed use, multiple commercial, and urban +corridor districts. By SUP only in single family, duplex, townhouse, CH, +multifamily, NO(A), and NS(A) districts. +         (C)   Required off-street parking: One space per 25 square feet of +classroom. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +      (6)   Repealed. (Ord. 21044) +      (7)   Community service center. +         (A)   Definition: A multi-functional facility where a combination of +social, recreational, welfare, health, habilitation, or rehabilitation services +are provided to the public. For purposes of this definition, a facility where +only business transactions or administrative, educational, school support, +counseling, informational, referral, or out-patient medical, dental, or optical +treatment services (or any combination of these activities) take place is not +considered to be a community service center. +         (B)   Districts permitted: By right in RR, IR, and CA-2(A) districts. +By SUP only in all residential, office, NS(A), CR, CS, LI, CA-1(A), mixed use, +multiple commercial, and urban corridor districts. +         (C)   Required off-street parking: One space per 200 square feet of +floor area. +         (D)   Required off-street loading: None. +      (8)   Convalescent and nursing homes, hospice care, and related +institutions. +         (A)   Definition: +            (i)   This use includes both: +               (aa)   an establishment which furnishes (in single or multiple +facilities) food and shelter to five or more persons who are not related by +blood, marriage, or adoption to the owner or proprietor of the establishment +and, in addition, provides minor treatment under the direction and supervision +of a physician, or services which meet some need beyond the basic provision of +food, shelter, and laundry; and +               (bb)   an establishment conducted by or for the adherence of any +well-recognized church or religious denomination for the purpose of providing +facilities for the care or treatment of the sick who depend exclusively upon +prayer or spiritual means for healing, without the use of any drug or material +remedy, provided safety, sanitary, and quarantine laws and regulations are +complied with. +            (ii)   This use does not include: +               (aa)   a hotel or similar place that furnishes only food and +lodging, or either, to its guests; +               (bb)   a hospital; or +               (cc)   an establishment that furnishes only baths and massages +in addition to food, shelter, and laundry. +         (B)   Districts permitted: By right in multifamily, central area mixed +use, and urban corridor districts. By SUP only in agricultural, TH(A), and CH +districts. RAR required in multifamily and mixed use districts. +         (C)   Required off-street parking: 0.3 spaces per bed. +         (D)   Required off-street loading: One space. +         (E)   Additional provisions: +            (i)   In townhouse, RTN, CH, and multifamily districts, this use is +subject to the following density restrictions: +ZONING DISTRICT MAXIMUM NO. OF DWELLING UNITS MAXIMUM NO. OF BEDS PER NET +CLASSIFICATION OR SUITES* PER NET ACRE ACRE +ZONING DISTRICT MAXIMUM NO. OF DWELLING UNITS MAXIMUM NO. OF BEDS PER NET +CLASSIFICATION OR SUITES* PER NET ACRE ACRE +TH-1(A) and RTN 35 70 +TH-2(A) and TH-3(A) 40 80 +CH 45 90 +MF-1(A) and MF-1(SAH) 50 100 +MF-2(A) and MF-2(SAH) 60 120 +MF-3(A) 90 180 +MF-4(A) 160 320 +*For purposes of this subparagraph, the term “suite” means one or more rooms +designed to accommodate one family, containing living, sanitary, and sleeping +facilities, but not containing a kitchen. +  +            (ii)   This use must comply with statutory licensing requirements, +if any. +            (iii)   This use may include dwelling units that are exclusively +restricted to visitors, patients, or members of the staff. +      (9)   Convent or monastery. +         (A)   Definition: The living quarters or dwelling units for a +religious order or for the congregation of persons under religious vows. +         (B)   Districts permitted: By right in A(A), multifamily, office, +retail, CS, central area, mixed use, multiple commercial, and urban corridor +districts. By SUP only in single family, duplex, townhouse, and CH districts. +         (C)   Required off-street parking: One space for each three residents; +a minimum of two spaces is required. +         (D)   Required off-street loading: None. +      (10)   Repealed. (Ord. 21044) +      (11)   Foster home. +         (A)   Definition: A facility that provides room, board, and +supervision to five or more persons under 18 years of age who are not related +by blood, marriage, or adoption to the owner or operator of the facility. +         (B)   Districts permitted: By right in CH, multifamily, CA-2(A), and +mixed use districts. By SUP only in A(A), single family, duplex, townhouse, MH +(A), and CA-1(A) districts. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This use must comply with statutory licensing requirements. +      (12)   Reserved. +      (13)   Halfway house. +         (A)   Definition: A facility for the housing, rehabilitation, and +training of persons on probation, parole, or early release from correctional +institutions, or other persons found guilty of criminal offenses. +         (B)   Districts permitted: By SUP only in LI, RR, CS, MU-2, MU-2(SAH), +MU-3, MU-3(SAH), and central area districts. A halfway house may not be located +in a planned development district unless all of the requirements of this +paragraph are met. +         (C)   Required off-street parking: Determined by the specific use +permit. This requirement must include provision of adequate off-street parking +for residents, staff, and visitors. In determining an adequate number of off- +street parking spaces, the city council shall consider the degree to which +allowing the use would create traffic hazards or congestion given the capacity +of nearby streets, the trip generation characteristics of the use, the +availability of public transit and the likelihood of its use, and the +feasibility of traffic mitigation measures. +         (D)   Required off-street loading: Determined by the specific use +permit. +         (E)   Additional provisions: +            (i)   No more than 50 residents are permitted in a halfway house. +Halfway houses must be located at least 1000 feet from residential districts, +single family, duplex, and multifamily uses, public parks and recreational +facilities, child-care facilities, and public or private schools. +            (ii)   A halfway house may not be located within one mile from +another halfway house. +            (iii)   A specific use permit for a halfway house shall be issued +for a two year time period. Periodic review periods may be established as part +of the specific use permit. +            (iv)   The treatment of alcoholic, narcotic, or psychiatric +problems is allowed under this use if expressly permitted by the specific use +permit. +            (v)   This use shall comply with all applicable city, state, and +federal codes and regulations. +            (vi)   Halfway houses must be located within 1200 feet of mass +transit service. +            (vii)   A halfway house specific use permit application must +include evidence of meetings between the applicant and property owners within +the notification area. Evidence of meetings must include records reflecting the +dates of the meetings, the individuals or organizations involved, and the +issues discussed and resolved. +            (viii)   Signs identifying a use as a halfway house are not +permitted. +            (ix)   Halfway house premises must be properly maintained in good +condition at all times. +            (x)   A security plan must be submitted with an application for a +specific use permit for a halfway house. The security plan must demonstrate +compliance with the security requirements of state law. The director shall +furnish a copy of security plans for halfway houses to appropriate city, +county, and state agencies for their review before the commission’s +consideration of an application. Provisions addressing security must be +included in any ordinance granting a specific use permit for a halfway house. A +compliance report must be submitted to the director every two years after the +date of passage of an ordinance granting a specific use permit and with each +application for renewal of a specific use permit for a halfway house. +            (xi)   Measurements of distance under this paragraph are taken +radially. “Radial” measurement means a measurement taken along the shortest +distance between the nearest point of the building site of the halfway house +and the nearest point of the building site of another use, or of a zoning +district boundary. +      (14)   Hospital. +         (A)   Definition: An institution where sick or injured patients are +given medical treatment. +         (B)   Districts permitted: By right in GO(A), RR, CS, LI, IR, central +area, MU-3, and MU–3(SAH) districts. By SUP only in A(A), multifamily, MO(A), +CR, IM, MU-1, MU-1(SAH), MU-2, MU-2(SAH), multiple commercial, and urban +corridor districts. RAR required in GO(A), RR, CS, LI, IR, MU-3, and MU-3(SAH) +districts. +         (C)   Required off-street parking: One space for each patient bed. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use must be licensed by the state as a hospital. +      (15)   Repealed. (Ord. 21044) +      (16)   Library, art gallery, or museum. +         (A)   Definition: An establishment for the loan or display of books or +objects of art, science, or history. +         (B)   Districts permitted: By right in office, retail, central area, +mixed use, multiple commercial, and urban corridor districts. By SUP only in +residential districts. +         (C)   Required off-street parking: For a library, one space per 500 +square feet of floor area. For an art gallery or museum, one space per 600 +square feet of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use must be sponsored by a public or quasi-public agency +and open and available to the general public. +            (ii)   Retail sales in a library, art gallery, or museum is +permitted as a limited accessory use. +      (17)   Public or private school. +         (A)   Definitions: +            (i)   OPEN-ENROLLMENT CHARTER SCHOOL means a public school that is +operated under a charter granted under Subchapter D of Chapter 12 of the Texas +Education Code. +            (ii)   PRIVATE SCHOOL means a school that a student may attend and +thereby be exempt from state law requirements of compulsory attendance at a +public school, and that exists apart from the student’s home. +            (iii)   PUBLIC SCHOOL means a kindergarten, elementary, or +secondary educational institution that is owned or operated by a local +independent school district, or operated under a charter granted under Chapter +12 of the Texas Education Code. +         (B)   Districts permitted: +            (i)   Public school other than an open-enrollment charter school: +By right in A(A), office, retail, CS, central area, mixed use, multiple +commercial, and urban corridor districts. By SUP only in single family, duplex, +townhouse, CH, multifamily, MH(A), and industrial districts. RAR required in A +(A), office, retail, CS, mixed use, multiple commercial, and urban corridor +districts. +            (ii)   Open-enrollment charter school or private school: By SUP +only in residential, office, retail, CS, industrial, central area, mixed use, +multiple commercial, and urban corridor districts. +         (C)   Required off-street parking: +            (i)   One and one-half spaces for each kindergarten/elementary +school classroom; +            (ii)   Three and one-half spaces for each junior high/middle school +classroom; and +            (iii)   Nine and one-half spaces for each senior high school +classroom. +            (iv)   If an SUP is required for this use, the off-street parking +requirement may be established in the ordinance granting the SUP. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use does not include business, commercial, trade, or +craft schools. +            (ii)   This use must comply with all applicable licensing +requirements. +            (iii)   If this use is nonconforming, the board of adjustment shall +not establish a compliance date for the use under Section +51A-4.704(a)(1) unless the owners of more than 50 percent of the land within +200 feet of the lot containing the school or a lot used by an entity affiliated +with the school that is within 200 feet of the lot containing the school file a +written petition with the board requesting that a compliance date be +established. In computing the percentage of land area under this subparagraph, +the area of public rights-of-way and city-owned property is excluded. The area +of the lots used or owned by the school or by an entity affiliated with the +school is also excluded from the computation. +            (iv)   This use, if nonconforming, may expand its total floor area +by up to ten percent or 2,000 square feet, whichever is less, without obtaining +an SUP. (Ord. Nos. 19455; 19786; 19913; 19931; 20037; 20159; 20493; 20731; +20752; 20807; 20845; 20920; 21044; 21442; 21663; 22026; 24271; 24718; 25047; +27495; 28096; 28424; 28803; 30890; 30896) +SEC. 51A-4.205.   LODGING USES. +      (1)   Hotel or motel. +         (A)   Definition: A facility containing six or more guest rooms that +are rented to occupants on a daily basis. +         (B)   Districts permitted: +            (i)   Except as otherwise provided in Subparagraphs (B)(iii) or (B) +(iv), by right in MO(A), GO(A), RR, CS, LI, IR, IM, central area, MU-1, MU-1 +(SAH), MU-2, MU-2(SAH), MU-3, MU-3(SAH) and multiple commercial districts. +            (ii)   By SUP only in the CR district. +            (iii)   By SUP only for a hotel or motel use that has 60 or fewer +guest rooms. +            (iv)   If an SUP is not required, RAR required in MO(A), GO(A), RR, +CS, LI, IR, IM, MU-1, MU-1(SAH), MU-2, MU-2(SAH), MU-3, MU-3(SAH), and multiple +commercial districts. +         (C)   Required off-street parking: One space for each unit for units 1 +to 250; 3/4 space for each unit for units 251 to 500; 1/2 space for all units +over 500; plus one space per 200 square feet of meeting room. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Suite hotels may have kitchens in the guest rooms. +      (1.1)   Extended stay hotel or motel. +         (A)   Definition: A lodging facility containing six or more guest +rooms, in which: +            (i)   25 percent or more of the guest rooms have a kitchen that +includes a sink, a full-size stove, and a full-size refrigerator (a cooking +area limited to a microwave, mini-refrigerator, or cook-top does not constitute +a “kitchen” for purposes of this definition); and +            (ii)   10 percent or more of the guest rooms contain a sleeping +area that is separated from a sitting area by a wall or partition. +         (B)   Districts permitted: By SUP in MO(A), GO(A), RR, CS, industrial, +central area, mixed use, and multiple commercial districts. +         (C)   Required off-street parking: One space for each unit for units 1 +to 250; 3/4 space for each unit for units 251 to 500; 1/2 space for all units +over 500; plus one space per 200 square feet of floor area other than guest +rooms. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Amenities such as maids, laundry, concierge, meeting rooms, +exercise rooms, pool, and business services (fax, internet, voice mail, +courier, etc.) may only be provided to guests. +      (2)   Lodging or boarding house. +         (A)   Definition: A facility containing at least one but fewer than +six guest rooms that are separately rented to occupants. +         (B)   Districts permitted: By right in MF-2(A), MF-2(SAH), MF-3(A), +MF-4(A), RR, CS, LI, IR, and central area districts. By SUP only in CR and IM +districts. +         (C)   Required off-street parking: One space for each guest room. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The operator of this use may serve meals to the occupants. +            (ii)   This use may not have kitchens in the guest rooms. +      (2.1)   Overnight general purpose shelter. +         (A)   Definitions: In these use regulations: +            (i)   BED means a piece of furniture, mat, cushion, or other device +on or in which a person may lie and sleep. +            (ii)   OVERNIGHT GENERAL PURPOSE SHELTER means an emergency lodging +facility (as opposed to a residential or medical treatment facility) that +provides room and board to more than four persons who are not related by blood, +marriage, or adoption to the head of the household or the owner or operator of +the facility, and that negotiates sleeping arrangements on a daily basis, +whether or not the facility is operated for profit or charges for the services +it offers. This definition does not include: +               (aa)   dwelling units occupied exclusively by families (Note: +Dwelling units occupied exclusively by families are considered to be single +family, duplex, or multifamily uses, as the case may be); or +               (bb)   any other use specifically defined in this chapter. +            (iii)   THIS USE means an overnight general purpose shelter as +defined in this paragraph. +         (B)   Districts permitted: +            (i)   If this use provides shelter for 20 or less overnight guests, +it is permitted by SUP only in LO(A), MO(A), GO(A), CR, RR, CS, LI, IR, central +area, MU-2, MU-2(SAH), MU-3, MU-3(SAH), and multiple commercial districts. +            (ii)   If this use provides shelter for more than 20 overnight +guests, it is permitted by SUP only in GO(A), CS, LI, IR, and central area +districts. +         (C)   Required off-street parking: 0.0025 spaces per bed, plus one +space per 200 square feet of office or program service floor area; a minimum of +four spaces is required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The maximum number of overnight guests permitted under this +use is: +               (aa)   20 in LO(A), MO(A), CR, RR, MU-2, MU-3, and multiple +commercial districts; and +               (bb)   200 in all other cases. +            (ii)   The cumulative maximum number of beds permitted for all of +these uses combined on building sites located wholly or partially in the +central business district is 250. +            (iii)   The cumulative maximum number of beds permitted for all of +these uses combined on building sites located wholly or partially in the area +including and within one-third of a mile of the central business district is +1100. +            (iv)   In the event of a conflict between Subparagraphs (ii) and +(iii) and the provisions of any special purpose, planned development, or +conservation district ordinances, Subparagraphs (ii) and (iii) control. +            (v)   This use must be spaced at least 1,000 feet away from: +               (aa)   a church; +               (bb)   a public or private elementary or secondary school; +               (cc)   any residential use listed in Section +51A-4.209 except a “college dormitory, fraternity, or sorority house”; +               (dd)   any residential district, historic overlay district, or +public park; and +               (ee)   any other overnight general purpose shelter. +If this use provides shelter for more than 50 overnight guests, it must be +spaced at least one-half mile from any other overnight general purpose shelter. +For purposes of these use regulations, measurement is made in a straight line, +without regard to intervening structures or objects, from the nearest boundary +of the building site containing the overnight general purpose shelter to the +nearest boundary of the building site containing the church, public or private +elementary or secondary school, or residential use, or to the nearest boundary +of the residential or historic overlay district or public park, whichever is +applicable. The distance between overnight general purpose shelters is measured +in a straight line, without regard to intervening structures or objects, +between the nearest boundaries of the building sites on which the shelters are +located. +            (vi)   This use must be located within one-half mile of public +transit. +            (vii)   This use must comply with all applicable licensing +requirements. +            (viii)   The board of adjustment shall not establish a termination +date for this use under Section +51A-4.704(a)(1). +            (ix)   Whenever an overnight general purpose shelter operating on +city-owned land in full compliance with all applicable laws is, through no +fault of its own, forced to vacate its current location as a result of the +direct, positive, and affirmative action of the city, and if the requirements +of this subparagraph are met, the shelter shall be permitted to relocate in any +nonresidential district for a period of time of one year without applying for +an SUP. The SUP requirement shall be suspended only if the proposed new +building site is located a minimum of 1,000 feet from any building site +containing any residential use listed in Section +51A-4.209 except a “college dormitory, fraternity, or sorority house”; and a +minimum of 1,000 feet from any building site containing another shelter. All +measurements shall be taken radially between the building sites in question. In +addition, the shelter must obtain a certificate of occupancy and any other +required licenses and approvals before it may begin operating. A shelter that +relocates in accordance with this subparagraph shall not acquire any +nonconforming rights during the period of suspension, and any investment made +in land, buildings, or structures during that period shall be at the complete +risk of the shelter that an SUP may not ultimately be granted. At or before the +end of the one-year period, the shelter shall either file an application for an +SUP or cease operations. A shelter that files an application for an SUP in +accordance with this subparagraph may remain operating while the application is +pending before the city plan commission or city council; however, if the +application is denied or withdrawn, the shelter shall cease operations no later +than 60 days after the date the final decision is made to deny the application, +or the date the application is withdrawn, whichever is applicable. +      (3)   Short-term rental lodging. +         (A)   Definition: A full or partial rentable unit containing one or +more kitchens, one or more bathrooms, and one or more bedrooms that is rented +to occupants for fewer than 30 consecutive days per rental period. +         (B)   Districts permitted: By right in MO(A), GO(A), multifamily, +central area, mixed use, multiple commercial, and urban corridor districts. +         (C)   Required off-street parking: One space per bedroom used as +short-term rental lodging. +         (D)   Required off-street loading: none. +         (E)   Additional provisions: +            (i)   This use must comply with +Chapter 42B, "Short-Term Rentals," of the Dallas City Code. +            (ii)   The number of short-term rentals in a single rentable unit +may not exceed one. +            (iii)   A short-term rental must not be used as a commercial +amusement (inside), commercial amusement (outside), restaurant with drive-in or +drive-through service, restaurant without drive-in or drive-through service, or +any other use unless it is located in a zoning district in which the use is +permitted and a certificate of occupancy is issued for the use. +            (iv)   Short-term rental lodging is prohibited in a multifamily +structure that has received a density bonus under Division +51A-4.1100. +            (v)   For purposes of this paragraph, rentable unit means one or +more rooms designed to accommodate tenants containing one or more kitchens, one +or more bathrooms, and one or more bedrooms. (Ord. Nos. 19455; 19786; 19873; +20038; 20493; 20920; 21663; 22139; 24857; 25435; 30890; 32482) +SEC. 51A-4.206.   MISCELLANEOUS USES. +   (1)   Attached non-premise sign. +      (A)   Definition: A “non-premise sign” as defined in +Article VII that is also an “attached sign” as defined in that article. +      (B)   Districts permitted: +         (i)   By express authorization in special provision sign districts. +         (ii)   By express authorization and SUP only in planned development +districts. +         (iii)   By SUP only in office, retail, CS, industrial, central area, +mixed use, and multiple commercial districts. +      (C)   Required off-street parking: None. +      (D)   Required off-street loading: None. +      (E)   Additional provisions: +         (i)   This use must be located in or within one mile of the central +business district, and be spaced at least 1,000 feet from all other attached +non-premise signs. +         (ii)   The effective area of this use may not exceed 25 percent of the +area of the facade to which it is attached, or 672 square feet, whichever is +less. No more than 10 percent of the effective area of this use may contain +words, and this use may not contain more than eight words. +         (iii)   An SUP granted for this use must have a time limit of no more +than three years, and is not eligible for automatic renewal. +         (iv)   These use regulations cannot be modified in an ordinance +establishing or amending regulations governing a planned development district. +         (v)   Subparagraphs (i), (ii), and (iii) do not apply when this use is +expressly authorized in a special provision sign district. +         (vi)   No certificate of occupancy is required for this use. +      (2)   Carnival or circus (temporary). +         (A)   Definition: A temporary traveling show or exhibition that has no +permanent structure or installation. +         (B)   Districts permitted: Special authorization by the building +official as approved in Resolution No. 65-1854. +         (C)   Required off-street parking: 25 spaces per acre. +         (D)   Required off-street loading: One space. +         (E)   Additional provisions: +            (i)   Off-street parking and loading requirements for this use may +be satisfied by using existing parking and loading spaces for other uses +located within 500 feet of the carnival or circus, or by providing temporary +parking spaces that do not strictly comply with the construction and +maintenance provisions for off-street parking in this chapter. The operator of +this use has the burden of demonstrating to the satisfaction of the building +official that the temporary parking and loading spaces: +               (aa)   are adequately designed to accommodate the parking and +loading needs of the use; and +               (bb)   will not adversely affect surrounding uses. +      (3)   Detached non-premise sign. +         (A)   Definition: A “non-premise sign” as defined in +Article VII that is also a “detached sign” as defined in that article. +         (B)   Districts permitted: See Section +51A-7.306. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Legal and non-conforming detached non-premise signs may be +relocated under certain circumstances. See Section +51A-7.307. +            (ii)   No certificate of occupancy is required for this use. +      (4)   Hazardous waste management facility. +         (A)   Definition: A facility for which a person is required to obtain +a hazardous waste permit from the Texas Water Commission pursuant to the Texas +Solid Waste Disposal Act (Chapter 361 of the Texas Health and Safety Code). The +term “hazardous waste permit” means that permit required to be obtained from +the Texas Water Commission pursuant to Section 361.082 of that Act for the +processing, storage, or disposal of hazardous waste. In accordance with that +Act: +            (i)   DISPOSAL means the discharging, depositing, injecting, +dumping, spilling, leaking, or placing of hazardous waste, whether +containerized or uncontainerized, into or on land or water so that the +hazardous waste or any constituent thereof may be emitted into the air, +discharged into surface water or groundwater, or introduced into the +environment in any other manner. +            (ii)   FACILITY means all contiguous land, including structures, +appurtenances, and other improvements on the land, used for the processing, +storage, or disposal of hazardous waste on the building site. +            (iii)   HAZARDOUS WASTE means solid waste, as defined by state law, +identified or listed as hazardous waste by the administrator of the United +States Environmental Protection Agency under the Federal Solid Waste Disposal +Act, as amended by the Resource Conservation and Recovery Act of 1976, as +amended (42 U.S.C. Section 6901 et seq.). +            (iv)   PROCESSING means the extraction of materials from or the +transfer, volume reduction, conversion to energy, or other separation and +preparation of hazardous waste for reuse or disposal. The term includes the +treatment or neutralization of hazardous waste designed to change the physical, +chemical, or biological character or composition of a hazardous waste so as to +neutralize the waste, recover energy or material from the waste, render the +waste nonhazardous or less hazardous, make it safer to transport, store, or +dispose of, or render it amenable for recovery or storage, or reduce its +volume. The term does not include activities concerning those materials +exempted by the administrator of the United States Environmental Protection +Agency under the federal Solid Waste Disposal Act, as amended by the Resource +Conservation and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et +seq.), unless the Texas Water Commission or the Texas Department of Health +determines that regulation of the activity under the Texas Solid Waste Disposal +Act is necessary to protect human health or the environment. +            (v)   STORAGE means the temporary holding of hazardous waste, after +which the waste is processed, disposed of, or stored elsewhere. [Note: The term +“temporary holding” in this definition is subject to interpretation by the +Texas Water Commission.] +         (B)   Districts permitted: By right in the IM district when operated +as a hazardous waste incinerator; otherwise by right in IR and IM districts. +         (C)   Required off-street parking: One space per 1,000 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use must fully comply with all applicable local, state, +and federal laws and regulations. +            (ii)   This use must not be located within 1,000 feet of an +established residence, church, school, or dedicated public park which is in use +at the time the notice of intent to file a hazardous waste permit application +is filed with the Texas Water Commission, or if no such notice is filed, at the +time the permit application is filed with the commission. +            (iii)   This use shall at all times be considered a separate main +use. This use cannot be an accessory use within the meaning of Section +51A-4.217. +            (iv)   When operated as a hazardous waste incinerator, this use +must front on a principal arterial and be located: +               (aa)   on a lot that is no smaller than five acres in size; +               (bb)   at least 200 feet from the lot line; +               (cc)   at least two miles from all lots containing municipal and +hazardous waste incinerators; +               (dd)   at least one mile from all lots containing medical/ +infectious and pathological waste incinerators; and +               (ee)   at least 1,500 feet from all lots containing residential; +public or private school; church; public park, playground, or golf course; +convalescent or nursing home; medical clinic or ambulatory surgical center; and +hospital uses. +            (v)   No outside storage is permitted in conjunction with this use +when it is operated as a hazardous waste incinerator. +            (vi)   In the event of a conflict between these use regulations and +any other provision in this chapter, these use regulations control. +      (5)   Placement of fill material. +         (A)   Definition: The placement or deposit of fill material, which is +composed of nonhazardous earth material. This does not include industrial or +municipal waste as defined in +Chapter 18 of the Dallas City Code, as amended or solid waste as defined in +51A-2.102 of the Dallas Development Code, as amended. For the purposes of this +paragraph: +            (i)   Hazardous earth material means: earth material containing +hazardous material, as defined in Title 49 of the Code of Federal Regulations. +         (B)   Districts permitted: Except as otherwise provided in this +paragraph, by SUP in all districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   In addition to the findings required by Section +51A-4.219 of this chapter, a specific use permit may not be granted for this +use except upon a finding that the placement of fill material: +               (aa)   will not adversely affect surrounding uses; +               (bb)   will be conducted in a manner which eliminates +unnecessary dust, noise and odor; +               (cc)   will not damage any public improvement or public +infrastructure as a result of the filling operation; +               (dd)   will not be placed in a flood plain, escarpment or +geologically similar area unless authorized in accordance with the Dallas City +Code; +               (ee)   will not alter drainage of the property that adversely +affects the site or adjacent properties; +               (ff)   will be accomplished with safe and adequate ingress and +egress to the site; and +               (gg)   will not damage or destroy any protected trees during the +filling operation unless mitigation measures are provided in accordance with +Article X of the Dallas Development Code. +            (ii)   Automatic renewal. A specific use permit granted for this +use is not eligible for automatic renewal. +            (iii)   Exemptions from the specific use permit requirement. +Placement of fill material is permitted by right in all districts if it: +               (aa)   is incidental to on-site filling operations necessary to +the development of a subdivision pursuant to an approved plat and a private +development contract executed with the city; +               (bb)   is for the site where the filling is being done and in +connection with one of the following approved permits: permit for construction, +fill permit, escarpment permit, excavation permit, or landscape permit; +               (cc)   is incidental to on-site filling operations necessary for +governmental or utility construction projects such as streets, alleys, +drainage, gas, electrical, water, cable, and telephone facilities, and similar +projects; +               (dd)   is incidental to on-site filling operations necessary to +the construction of paving for parking areas and similar activities consistent +with the allowed land use; or +               (ee)   does not exceed five truck loads or 50 cubic yards of +fill material, whichever is less, during any 12 month period. For purposes of +this provision, a truck is defined as a truck-tractor, road tractor, semi- +trailer, trailer or truck with a rated capacity in excess of one and one-half +tons according to the manufacturer’s classification. +Note: If the placement of fill material exceeds the level stated above in +provision (E)(iii)(ee) and does not qualify for an exemption, the operator of +the use must file an application for a specific use permit. +            (iv)   Operations plan. An applicant shall submit to the director +of development services an operations plan which includes: +               (aa)   hours of operation; +               (bb)   location and depth of fill; +               (cc)   fences or any other barriers necessary for safety and +screening; +               (dd)   drainage and erosion control measures, if required; +               (ee)   means for protection of trees; +               (ff)   truck routes to be used (usage of truck routes must be in +compliance with +Article X of Chapter 28 of the Dallas City Code); +               (gg)   the length of time necessary to complete the filling; +               (hh)   sufficient ingress and egress to and from the site; and +               (ii)   any other information the director determines is +reasonably necessary for a complete review of the proposed filling operations. +            (v)   Illegally deposited material. Any material illegally +deposited in the placement of fill material must be removed within 60 days +after notice from the director of the Department of Streets, Sanitation and +Code Enforcement. +      (6)   Temporary construction or sales office. +         (A)   Definition: A facility temporarily used as a construction or +sales office. +         (B)   Districts permitted: By right in all residential and +nonresidential districts except the P(A) district. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A temporary construction or sales office must be located on a +platted lot or on a site that is part of a preliminary plat approved by the +commission. +            (ii)   The building official shall issue a temporary certificate of +occupancy for a period of one year for a temporary construction or sales +office. The building official may grant up to four extensions of six months +each to the certificate of occupancy for a construction office if the builder +maintains active or continuous construction on the site or within the +subdivision, and for a sales office if a minimum of ten lots in the subdivision +are unsold. +            (iii)   A temporary construction or sales office may not be located +in another subdivision or used for construction or sales in another +subdivision. (Ord. Nos. 19455; 19786; 20478; 20493; 21002; 22996; 23239; 24232; +25047; 28073; 30890; 32002) +SEC. 51A-4.207.   OFFICE USES. +      (1)   Alternative financial establishment. +         (A)   Definitions: In this paragraph: +            (i)   ALTERNATIVE FINANCIAL ESTABLISHMENT means a car title loan +business or money services business. An alternative financial establishment +does not include state or federally chartered banks, community development +financial institutions, savings and loans, credit unions, or regulated lenders +licensed in accordance with Chapter 342 of the Texas Finance Code. If a +regulated lender licensed in accordance with Chapter 342 of the Texas Finance +Code also offers services as a credit access business under Chapter 393 of the +Texas Finance Code, that business is an alternative financial establishment. +            (ii)   CAR TITLE LOAN BUSINESS means an establishment that makes +small, short-term consumer loans secured by a title to a motor vehicle. +            (iii)   MONEY SERVICES BUSINESS means a business that provides or +assists a consumer in obtaining a payday cash advance, payroll advance, short- +term cash loan, short term cash advance, instant payday cash advance, short- +term money loan services, or similar services to individuals for a specified +fee. +         (B)   Districts permitted: By SUP only in all nonresidential districts +except the NO(A), NS(A), MU-1, MU-1(SAH), UC-1, and P(A) districts. +         (C)   Required off-street parking: One space per 333 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No alternative financial establishment may be located within +1,500 feet, measured from property line to property line, of any other +alternative financial establishment. +            (ii)   No alternative financial establishment may be located within +300 feet, measured from property line to property line, of a lot in a +residential district. +            (iii)   An alternative financial establishment may only be a main +use that requires a specific use permit and a certificate of occupancy. An +alternative financial establishment may not be an accessory use within the +meaning of Section +51A-4.217. +      (2)   Financial institution without drive-in window. +         (A)   Definition: A facility for the extension of credit and the +custody, loan, or exchange of money which does not provide drive-in window +service for customers. A financial institution without drive-in window includes +regulated lenders licensed in accordance with Chapter 342 of the Texas Finance +Code, but does not include lenders that also offer any services as credit +access businesses under Chapter 393 of the Texas Finance Code. +         (B)   Districts permitted: By right in all nonresidential districts +except the P(A) district. +         (C)   Required off-street parking: One space per 333 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +      (3)   Financial institution with drive-in window. +         (A)   Definition: A facility for the extension of credit and the +custody, loan, or exchange of money which provides drive-in window service for +customers in motor vehicles. A financial institution with drive-in window +includes regulated lenders licensed in accordance with Chapter 342 of the Texas +Finance Code, but does not include lenders that also offer any services as +credit access businesses under Chapter 393 of the Texas Finance Code. +         (B)   Districts permitted: By right in MO(A), GO(A), CR, RR, CS, +industrial, central area, mixed use, and multiple commercial districts. By SUP +only in LO(A) districts. DIR required in MO(A), GO(A), CR, RR, mixed use, +central area, and multiple commercial districts. RAR required in CS and +industrial districts. +         (C)   Required off-street parking: One space per 333 square feet of +floor area. See the additional provisions [Subparagraph (E)] for off-street +stacking requirements. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The following off-street stacking requirements apply to this +use (See Section +51A-4.304 for more information regarding off-street stacking spaces generally): +               (aa)   The total number of stacking spaces required for teller +windows or stations is as follows: +  +NO. OF TELLER WINDOWS OR STATIONS TOTAL NUMBER OF STACKING SPACES REQUIRED +1 5 +2 10 +3 15 +4 18 +Each additional teller window or 3 additional +station +  +               (bb)   For purposes of Subparagraph (aa), the term “teller +window or station” means a location where customers in motor vehicles transact +business with an employee of the financial institution by deal drawer or +through the use of a pneumatic tube system or equivalent. +               (cc)   Each unmanned transaction station must have a minimum of +two stacking spaces. For purposes of this subparagraph, the term “unmanned +transaction station” means a location where customers in motor vehicles +transact business with a machine. +      (4)   Medical clinic or ambulatory surgical center. +         (A)   Definition: A facility for examining, consulting with, and +treating patients with medical, dental, or optical problems on an out-patient +basis. +         (B)   Districts permitted: By right in all nonresidential districts +except the P(A) district. +         (C)   Required off-street parking: One space per 200 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Offices and laboratories are permitted as accessory uses. +      (5)   Office. +         (A)   Definition: A place for the regular transaction of business. +         (B)   Districts permitted: By right in all nonresidential districts +except the P(A) district. +         (C)   Required off-street parking: One space per 333 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Retail sales, the transfer of manufactured goods, or the +storage of commodities is not permitted except as a limited accessory use. +(Ord. Nos. 19455; 19786; 19806; 20493; 21001; 28214; 29208; 29589; 30890) +SEC. 51A-4.208.   RECREATION USES. +      (1)   Country club with private membership. +         (A)   Definition: A private recreational club containing a golf course +and a club house that is available only to the country club membership and +their guests. +         (B)   Districts permitted: By right in CH, multifamily, MH(A), and all +nonresidential districts except the P(A), and urban corridor districts. By SUP +only in A(A), single family, duplex, and townhouse districts. RAR required in +CH, multifamily, and MH(A) districts. +         (C)   Required off-street parking: If an SUP is required for this use, +the off-street parking requirement may be established by the ordinance granting +the SUP, otherwise three spaces for each game court, one space for each +additional 150 square feet of floor area, and five spaces for each golf course +green. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This use may contain a private bar, dining room, a swimming +pool, and tennis courts and similar services and recreational facilities. +      (2)   Private recreation center, club, or area. +         (A)   Definition: An area providing private recreational facilities +such as playgrounds, parks, game courts, swimming pools, and playing fields. +         (B)   Districts permitted: By right in GO(A), CR, RR, CS, industrial, +central area, mixed use, multiple commercial, UC-2 and UC-3 districts. By SUP +only in all residential districts except MH(A), and in NO(A), LO(A), MO(A), and +NS(A) districts. +         (C)   Required off-street parking: If an SUP is required for this use, +the off-street parking requirement may be established by the ordinance granting +the SUP, otherwise three spaces for each game court and one space for each +additional 150 square feet of floor area. +         (D)   Required off-street loading: None. +      (3)   Public park, playground, or golf course. +         (A)   Definition: Land planned, developed, or used for active or +passive recreational use by the public that is owned or operated by a public +agency for those purposes. +         (B)   Districts permitted: By right in all residential and +nonresidential districts except the P(A) district. DIR required in urban +corridor districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions. +            (i)   Lighting standards for this use for facilities other than +parking may: +               (aa)   be built to any height below the residential proximity +slope; or +               (bb)   project above the residential proximity slope to a height +not to exceed 40 feet. This provision is an exception to the maximum structure +height that would otherwise apply in the zoning district. +            (ii)   Lighting standards for this use for parking facilities must +not exceed 20 feet in height. +            (iii)   Spillover light on neighboring residential lots must not +exceed 0.1 footcandle measured at a point five feet inside the residential lot +line and five feet above the ground surface. +            (iv)   The board may grant a special exception to the height +restrictions applicable to lighting standards for this use upon making a +special finding from the evidence presented that: +               (aa)   strict compliance with those restrictions will +unreasonably burden the use of the property; and +               (bb)   the special exception will not adversely affect +neighboring property. The board shall not grant a special exception to the +spillover light restriction in Subparagraph (iii). +            (v)   The heights of nonconforming lighting standards for this use +may be increased by up to 10 percent without board approval, provided that the +spillover light restriction in Subparagraph (iii) is complied with. The +cumulative additional height authorized by this subparagraph is 10 percent of +the height of the lighting standard at the time it became nonconforming. (Ord. +Nos. 19455; 19786; 20344; 20384; 20493; 24718; 27183; 28803; 30890) +SEC. 51A-4.209.   RESIDENTIAL USES. +   (a)   General provisions. Notwithstanding any other provision in this +chapter, a facility that meets all of the requirements of Article 1011n, +V.T.C.A., may locate in any residential zone or district in the city as a +matter of right. Unless otherwise directed by the city attorney, the building +official and any other city officer or employee charged with enforcement of +this chapter shall construe Article 1011n by substituting Congress’ definition +of a handicapped person in the Fair Housing Amendments Act of 1988, as amended, +for the state's definition of “disabled person” in that article. +   (b)   Specific uses. +      (1)   College dormitory, fraternity, or sorority house. +         (A)   Definition: A college resident hall or a facility for housing a +social or service organization of college students. +         (B)   Districts permitted: By right in A(A), multifamily, MH(A), LO +(A), MO(A), GO(A), CR, RR, CS, central area, mixed use, and multiple commercial +districts. By SUP only in NO(A), NS(A), and urban corridor districts. +         (C)   Required off-street parking: One space for each sleeping room. +         (D)   Required off-street loading: One space. +      (2)   Duplex. +         (A)   Definition: Two dwelling units located on a lot. +         (B)   Districts permitted: By right in duplex, townhouse, CH, MF-1(A), +MF-1(SAH), MF-2(A), MF-2(SAH), central area, and mixed use districts. By right +as a restricted component of a building in the GO(A) district. [See Section +51A-4.121(d).] +         (C)   Required off-street parking: Two spaces per dwelling unit. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Only one main building may be placed on a building site under +this use. +            (ii)   In a duplex district, a lot for a duplex use may be supplied +by not more than one electrical utility service and metered by not more than +two electrical meters. The board of adjustment may grant a special exception to +authorize more than one electrical utility service or more than two electrical +meters on a lot for a duplex use in a duplex district when, in the opinion of +the board, the special exception will: +               (aa)   not be contrary to the public interest; +               (bb)   not adversely affect neighboring properties; and +               (cc) not be used to conduct a use not permitted in the district +where the building site is located. +            (iii)   In addition to any other applicable regulations, +industrialized housing must comply with the following additional provisions. +For purposes of this subparagraph, “industrialized housing” means +industrialized housing as defined by Section 1202.002 of the Texas Occupations +Code, as amended. +               (aa)   Industrialized housing must have all local permits and +licenses that are applicable to other single family or duplex dwellings. +               (bb)   Industrialized housing must have a value equal to or +greater than the median taxable value of each single family dwelling located +within 500 feet of the lot on which the industrialized housing is proposed to +be located, as determined by the most recent certified tax appraisal roll of +the appraisal district. For purposes of this subparagraph, the “value” of the +industrialized housing means the taxable value of the industrialized housing +and the lot after installation of the industrialized housing. +               (cc)   Industrialized housing must have exterior siding, +roofing, roof pitch, foundation fascia, and fenestration compatible with the +single family dwellings located within 500 feet of the lot on which the +industrialized housing is proposed to be located. “Compatible” as used in this +subparagraph means similar in application, color, materials, pattern, quality, +shape, size, slope, and other characteristics; but does not necessarily mean +identical. The burden is on the property owner or applicant to supply proof of +compatibility. The property owner or applicant may appeal a decision of the +building official to deny a permit due to lack of compatibility to the board of +adjustment. +               (dd)   Industrialized housing must comply with municipal +aesthetic standards; yard, lot, and space regulations; subdivision regulations; +landscaping; and any other regulations applicable to single family dwellings. +               (ee)   Industrialized housing must be securely fixed to a +permanent foundation. +               (ff)   Industrialized housing may not be constructed in a +historic overlay district unless the industrialized housing conforms to the +preservation criteria of the historic overlay district. +               (gg)   Industrialized housing may not be constructed in a +conservation district unless the industrialized housing conforms to the +conservation district regulations. +               (hh)   Industrialized housing may not be constructed unless it +complies with public deed restrictions for the property. +      (3)   Group residential facility. +         (A)   Definition: An interim or permanent residential facility (as +opposed to a lodging or medical treatment facility) that provides room and +board to a group of persons who are not a “family” as that term is defined in +this chapter, whether or not the facility is operated for profit or charges for +the services it offers. This use does not include: +            (i)   facilities that negotiate sleeping arrangements on a daily +basis; +            (ii)   dwelling units occupied exclusively by families (Note: +Dwelling units occupied exclusively by families are considered to be single +family, duplex, or multifamily uses, as the case may be); or +            (iii)   any other use specifically defined in this chapter. +         (B)   Districts permitted: When located at least 1,000 feet from all +other group residential facilities and licensed handicapped group dwelling +units (as defined in this chapter), by right in CH, multifamily, central area, +and mixed use districts; otherwise, by SUP only in the same districts. For +purposes of this provision, the term “licensed” means licensed by the Texas +Department of Human Services, or its successor, and the distance between uses +is measured in a straight line, without regard to intervening structures or +objects, between the nearest boundaries of the building sites on which the uses +are located. (Note: The spacing component of these use regulations is based, +not on the handicapped status of the residents, but on the non-family status of +the groups. [See Section +51A-1.102(b)(2).]) By SUP only in urban corridor districts. +         (C)   Required off-street parking: 0.25 spaces per bed, plus one space +per 200 square feet of office area; a minimum of four spaces is required. If an +SUP is required for this use, the off-street parking requirement may be +established in the ordinance granting the SUP. In determining this requirement, +the city council shall consider the nature of the proposed use and the degree +to which the use would create traffic hazards or congestion given the capacity +of nearby streets, the trip generation characteristics of the use, the +availability of public transit and the likelihood of its use, and the +feasibility of traffic mitigation measures. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This use is subject to the following density restrictions: +ZONING DISTRICT MAXIMUM NO. OF DWELLING UNITS MAXIMUM NO. OF BEDS* PER NET +CLASSIFICATION OR SUITES* PER NET ACRE ACRE +ZONING DISTRICT MAXIMUM NO. OF DWELLING MAXIMUM NO. OF BEDS* PER NET +CLASSIFICATION UNITS OR SUITES* PER NET ACRE + ACRE +TH-1(A) and RTN 35 70 +TH-2(A) and TH-3(A) 40 80 +CH 45 90 +MF-1(A) and MF-1(SAH) 50 100 +MF-2(A) and MF-2(SAH) 60 120 +MF-3(A) 90 180 +MF-4(A) 160 320 +*For purposes of this subparagraph, the term “suite” means one or more +rooms designed to accommodate one family, containing living, sanitary, and +sleeping facilities, but not containing a kitchen; and the term “bed” means +a piece of furniture, mat, cushion, or other device on or in which one may +lie and sleep. +  +            (ii)   This use must comply with statutory licensing requirements, +if any. +            (iii)   This use may include dwelling units or suites that are +exclusively restricted to visitors or members of the staff. +      (3.1)   Handicapped group dwelling unit. +         (A)   Definitions: +            (i)   DOMICILE means the legal, established, fixed, and permanent +place of residence of a person, as distinguished from a temporary and +transient, though actual, place of residence. +            (ii)   HANDICAPPED GROUP DWELLING UNIT means a single dwelling unit +that is the domicile of not more than eight handicapped persons who are not a +“family” as that term is defined in this chapter, and who are living together +as a single housekeeping unit. Up to two supervisory personnel may reside on +the premises, provided that the total number of residents, including +supervisory personnel, does not exceed eight. +            (iii)   HANDICAPPED PERSON means a handicapped person as defined in +the federal Fair Housing Amendments Act of 1988, as amended. +            (iv)   LICENSED means licensed by the Texas Department of Human +Services, or its successor. +         (B)   Districts permitted: When located at least 1,000 feet from group +residential facilities and all other licensed handicapped group dwelling units +(as defined in this chapter), by right in the following districts: +agricultural, single family, duplex, townhouse, CH, MF-1(A), MF-1(SAH), MF-2 +(A), MF-2(SAH), MH(A), GO(A), central area, MU-1, and MU-1(SAH) districts; +otherwise, by SUP only in the same districts. In the GO(A) district, the total +floor area of this use in combination with all single family, duplex, and +multifamily uses may not exceed five percent of the total floor area of the +building in which the use is located. For purposes of this provision, the +distance between uses is measured in a straight line, without regard to +intervening structures or objects, between the nearest boundaries of the +building sites on which the uses are located. (Note: The spacing component of +these use regulations is based, not on the handicapped status of the residents, +but on the non-family status of the groups.) By SUP only in urban corridor +districts. +         (C)   Required off-street parking: One space in R-7.5(A), R-5(A), and +TH districts; two spaces in all other districts. If an SUP is required for this +use, the off-street parking requirement may be established in the ordinance +granting the SUP. In determining this requirement, the city council shall +consider the nature of the proposed use and the degree to which the use would +create traffic hazards or congestion given the capacity of nearby streets, the +trip generation characteristics of the use, the availability of public transit +and the likelihood of its use, and the feasibility of traffic mitigation +measures. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   No certificate of occupancy is required for this use. +            (ii)   This use liberalizes current restrictions on the number of +unrelated persons who may reside together in a dwelling unit in the city for +the exclusive benefit of handicapped persons seeking to permanently reside +together as a single housekeeping unit. Its purpose is to comply with the +substance and spirit of the federal Fair Housing Amendments Act of 1988, as +amended, which requires that reasonable accommodations be made in rules, +policies, and practices to permit persons with handicaps equal opportunity to +use and enjoy a dwelling. [See Section +51A-1.102(b)(2).] +            (iii)   This use is exempt from payment of SUP application fees. +            (iv)   Any owner of property on which this use is located or +proposed to be located may request a letter from the director confirming that +no SUP is required for the use. No fee is required to apply for such a letter. +Application must be on a form furnished by the director. The director shall +issue the requested letter unless, within 30 days after submission of a +complete application, the director gives written notice to the applicant that +the use or proposed use will require an SUP. For purposes of this paragraph, +notice is given to the applicant by depositing the same properly addressed and +postage paid in the United States mail. The proper address for purposes of this +notice requirement is the address provided by the applicant on the application. +No SUP shall be required for uses that operate in justifiable reliance upon a +valid confirmation letter issued by the director. +            (v)   Any aggrieved person may appeal a decision of the director +that an SUP is required for this use. Such appeals shall be heard and decided +by the board of adjustment. An appeal to the board must be made within 15 days +after the director gives written notice that the SUP is required. Appeal is +made by filing a written notice of appeal on a form approved by the board. [See +Section +51A-4.703.] No fee is required to appeal the decision of the director to the +board. +            (vi)   If two or more facilities are within 1,000 feet of each +other and otherwise in permissible locations, the first one lawfully +established and continually operating thereafter is the conforming use. For +purposes of this subparagraph, “continually operating” means that the use has +not been discontinued for six months or more. +      (4)   Manufactured home park, manufactured home subdivision, or +campground. +         (A)   Definition: +            (i)   A manufactured home park is a unified development of +transient stands arranged on a lot under single ownership. +            (ii)   A manufactured home subdivision is a plat designed +specifically for manufactured home development. +            (iii)   A campground is a lot used to accommodate recreation +vehicles, tents, or manufactured homes on a rental basis for temporary camping +purposes. +         (B)   Districts permitted: By right in the MH(A) district. +         (C)   Required off-street parking: 1.5 spaces for each transient stand +for a manufactured home park or campground; 1.5 spaces for each lot in a +manufactured home subdivision. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   The owner of a manufactured home park must have a site plan +approved by the commission before the building official may issue a building +permit for the manufactured home park. The site plan must include the +dimensions, bearings, and street frontage of the property; the location of +buildings, structures, lots, stands, and uses; the method of ingress and +egress; off-street parking and loading arrangements; screening, lighting, and +landscaping, if appropriate; and any other information the director determines +necessary for a complete review of the proposed development. +            (ii)   The owner of a manufactured home subdivision must have a +plat approved by the commission and filed in the county records before the +building official may issue a building permit for the manufactured home +subdivision. +            (iii)   One caretaker’s dwelling unit and one office is permitted +under this use. +            (iv)   Uses that are customarily incidental to this use, including +an employee’s washroom, a manager’s office, laundry room, swimming pool, and +game courts are permitted provided they are located no closer than 50 feet to +an R, R(A), D, D(A), TH, or TH(A) district. The game courts, laundry room, and +swimming pool must be for the exclusive use of the residents and their guests. +No exterior advertising of the uses is permitted. +            (v)   The owner under this use must provide and maintain a +permanent steel chain link fence or its equivalent. The fence must be at least +five feet in height and must completely surround the rear and all sides of this +use that are not exposed to a dedicated street. +            (vi)   Open playground space must be provided under this use at a +ratio of 500 square feet of open space for each of the first 20 lots or +transient stands provided, and at a ratio of 250 square feet for all additional +lots or transient stands. +            (vii)   This use must comply with the requirements of +Chapter 47 of this code. +      (5)   Multifamily. +         (A)   Definitions: Three or more dwelling units located on a lot. +         (B)   Districts permitted: By right in CH, multifamily, central area, +mixed use, and urban corridor districts. By right as a restricted component of +a building in the GO(A) district. [See Section +51A-4.121(d).] +         (C)   Off-street parking. +            (i)   Required off-street parking: One space per bedroom with a +minimum of one space per dwelling unit. An additional one-quarter space per +dwelling unit must be provided for guest parking if the required parking is +restricted to resident parking only. No additional parking is required for +accessory uses that are limited principally to residents. +            (ii)   The number of off-street parking spaces required under this +subparagraph may be reduced to provide adequate area for the placement of +recycling containers in accordance with Section 18-5.1(e) according to the +following table: +  +No. of Dwelling Units No. of Required Parking Spaces Reduced +8-100 3 +101 - 400 3% or 6, whichever is less +401 + 9 +  +This parking reduction only applies to structures built before August 12, 2020. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Uses that are customarily incidental to the multifamily use +and that include an employee’s washroom, a manager’s office, laundry room, +swimming pool, and game courts are permitted provided they are located no +closer than 50 feet to an R, R(A), D, D(A), TH, or TH(A) district. The game +courts, laundry room, and swimming pool must be for the exclusive use of the +residents and their guests. No exterior advertising of the uses is permitted. +            (ii)   The minimum space between exterior walls of a multifamily +dwelling must be 10 feet between the walls if only one wall has an opening for +light and air and 20 feet if both walls have an opening for light and air. This +provision applies to multifamily buildings with a common roof and free standing +multifamily buildings. This provision does not apply to walls located entirely +within a dwelling unit. +            (iii)   This use does not include a hotel or motel. +      (5.1)   Residential hotel. +         (A)   Definition: A facility that receives more than 50 percent of its +rental income from occupancies of 30 consecutive days or more and contains: +            (i)   six or more guest rooms with living and sleeping +accommodations, but no kitchen or kitchenette; +            (ii)   six or more guest rooms with living, sleeping, and kitchen +or kitchenette facilities that are offered for rental on a daily basis; or +            (iii)   six or more guest rooms with living and sleeping +accommodations, each of which is individually secured and rented separately to +one or more individuals who have access to bathroom, kitchen, or dining +facilities outside the guest room on a common basis with other occupants of the +structure. +         (B)   Districts permitted: By right in MF-2(A), MF-2(SAH), MF-3(A), +MF-4(A), central area, and mixed use districts when located at least one mile, +measured from property line to property line, from all other residential hotel +uses. +         (C)   Required off-street parking: 0.5 spaces per guest room. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This use is subject to the regulations in +Article VII of +Chapter 27 of the Dallas City Code, as amended. +            (ii)   For a use holding an occupancy record card pursuant to +Chapter 27 on August 10, 1994, the nonconformity as to the minimum distance +requirement set out in Subparagraph (B) does not render it subject to +amortization by the board of adjustment. +            (iii)   The operator of this use shall maintain a registry showing +the name, address, date of arrival, and date of departure of each guest. The +operator of this use shall make the registry available to the building +official. +      (5.2)   Retirement housing. +         (A)   Definition: A residential facility principally designed for +persons 55 years of age or older. This use does not include a “convalescent and +nursing homes, hospice care, and related institutions” use, which is defined as +a separate main use in Section +51A-4.204(8). +         (B)   Districts permitted: By right in CH, multifamily, central area, +and mixed use districts. By SUP only in townhouse and urban corridor districts. +         (C)   Required off-street parking: One space per dwelling unit or +suite. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 100,000 1 +100,000 to 300,000 2 +Each additional 200,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   In these regulations: +               (aa)   ELDERLY RESIDENT means a resident that is 55 years of age +or older. + ��             (bb)   SUITE means one or more rooms designed to accommodate one +family containing living, sanitary, and sleeping facilities, but not containing +a kitchen. +            (ii)   In townhouse, RTN, CH, and multifamily districts, this use +is subject to the following density restrictions: +ZONING DISTRICT CLASSIFICATION MAXIMUM NO. OF DWELLING UNITS OR SUITES* PER NET + ACRE +ZONING DISTRICT CLASSIFICATION MAXIMUM NO. OF DWELLING UNITS OR SUITES* PER NET + ACRE +TH-1(A) and RTN 25 +TH-2(A) and TH-3(A) 35 +CH 40 +MF-1(A) and MF-1(SAH) 45 +MF-2(A) and MF-2(SAH) 55 +MF-3(A) 90 +MF-4(A) 160 +  +            (iii)   Except as otherwise provided in Subparagraphs (iv) and (v), +each occupied dwelling unit or suite must have at least one elderly resident. +Failure to comply with this provision shall result in the facility being +reclassified as another residential or lodging use. +            (iv)   One dwelling unit or suite may be designated as a caretaker +unit whose occupants are not subject to the age restriction in Subparagraph +(iii). +            (v)   Those persons legally re-siding with an elderly resident at +the facility may continue to reside at the facility for a period not to exceed +one year if the elderly resident dies or moves out for medical reasons. The +board may grant a special exception to authorize an extension of the length of +time a person may continue to reside at the facility if the board finds, after +a public hearing, that literal enforcement of this provision would result in an +unnecessary personal hardship. In determining whether an unnecessary personal +hardship would result, the board shall consider the following factors: +               (aa)   The physical limitations of the resident, if any. +               (bb)   Any economic constraints which would make it difficult +for the resident to relocate. +               (cc)   Whether the resident is dependent on support services or +special amenities provided by the retirement housing project. +                (dd)   Whether there are any alternative housing or market +constraints which would impair the ability to relocate. +            (vi)   No use with exterior advertising or signs may be considered +accessory to this use. +      (6)   Single family. +         (A)   Definition: One dwelling unit located on a lot. +         (B)   Districts permitted: By right in agricultural, single family, +duplex, townhouse, CH, MF-1(A), MF-1(SAH), MF-2(A), MF-2(SAH), MH(A), central +area, MU-1, and MU-1(SAH) districts. By right as a restricted component of a +building in the GO(A) district. [See Section +51A-4.121(d).] +         (C)   Required off-street parking: One space in R-7.5(A), R-5(A), and +TH districts; two spaces in all other districts. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Additional dwelling unit. The board of adjustment may grant a +special exception to authorize an additional dwelling unit in any district +when, in the opinion of the board, the additional dwelling unit will not: +               (aa)   be used as rental accommodations; or +               (bb)   adversely affect neighbor ing properties. +            (ii)   In granting a special exception under Subparagraph (i), the +board shall require the applicant to deed restrict the subject property to +prevent use of the additional dwelling unit as rental accommodations. +            (iii)   Accessory dwelling unit. +               (aa)   The board of adjustment may grant a special exception to +authorize a rentable accessory dwelling unit in any district when, in the +opinion of the board, the accessory dwelling unit will not adversely affect +neighboring properties. +               (bb)   If a minimum of one additional off-street parking space +is not provided, the board shall determine if that will create a traffic +hazard. The board may require an additional off-street parking space be +provided as a condition of granting this special exception. +               (cc)   In granting a special exception under this subparagraph, +the board shall require the applicant to: +                  (I)   deed restrict the subject property to require owner- +occupancy on the premises; and +                  (II)   annually register the rental property with the city's +single family non-owner occupied rental program. +            (iv)   Dwelling units in general. +               (aa)   Except for the foundation, a dwelling unit must be +physically separable from contiguous dwelling units in the event of removal of +a dwelling unit. Each party wall must be governed by a set of deed +restrictions, stipulating that if a dwelling unit is removed, the party wall +stays with the remaining dwelling unit. +               (bb)   Each dwelling unit must have separate utility services; +however, general utility services on land owned and maintained by a homeowner's +association is allowed. +            (v)   Utility meters. In a single family, duplex, or townhouse +district, a lot for a single family use may be supplied by not more than one +electrical utility service, and metered by not more than one electrical meter. +The board of adjustment may grant a special exception to authorize more than +one electrical utility service or more than one electrical meter on a lot in a +single family, duplex, or townhouse district when, in the opinion of the board, +the special exception will: +               (aa)   not be contrary to the public interests; +               (bb)   not adversely affect neighboring properties; and +               (cc)   not be used to conduct a use not permitted in the +district where the building site is located. +            (vi)   Industrialized housing. In addition to any other applicable +regulations, industrialized housing must comply with the following additional +provisions. For purposes of this subparagraph, "industrialized housing" means +industrialized housing as defined by Section 1202.002 of the Texas Occupations +Code, as amended. +               (aa)   Industrialized housing must have all local permits and +licenses that are applicable to other single family or duplex dwellings. +               (bb)   Industrialized housing must have a value equal to or +greater than the median taxable value of each single family dwelling located +within 500 feet of the lot on which the industrialized housing is proposed to +be located, as determined by the most recent certified tax appraisal roll of +the appraisal district. For purposes of this subparagraph, the "value" of the +industrialized housing means the taxable value of the industrialized housing +and the lot after installation of the industrialized housing. +               (cc)   Industrialized housing must have exterior siding, +roofing, roof pitch, foundation fascia, and fenestration compatible with the +single family dwellings located within 500 feet of the lot on which the +industrialized housing is proposed to be located. "Compatible" as used in this +subparagraph means similar in application, color, materials, pattern, quality, +shape, size, slope, and other characteristics; but does not necessarily mean +identical. The burden is on the property owner or applicant to supply proof of +compatibility. The property owner or applicant may appeal a decision of the +building official to deny a permit due to lack of compatibility to the board of +adjustment. +               (dd)   Industrialized housing must comply with municipal +aesthetic standards; yard, lot, and space regulations; subdivision regulations; +landscaping; and any other regulations applicable to single family dwellings. +               (ee)   Industrialized housing must be securely fixed to a +permanent foundation. +               (ff)   Industrialized housing may not be constructed in a +historic overlay district unless the industrialized housing conforms to the +preservation criteria of the historic overlay district. +               (gg)   Industrialized housing may not be constructed in a +conservation district unless the industrialized housing conforms to the +conservation district regulations. +               (hh)   Industrialized housing may not be constructed unless it +complies with public deed restrictions for the property. +            (vii)   Accessory structures. Except in the agricultural district, +accessory structures are subject to the following regulations: +               (aa)   Except as provided in this section, no person shall rent +an accessory structure. For purposes of this section, rent means the payment of +any form of consideration for the use of the accessory structure. +               (bb)   Except for accessory dwelling units, no person shall use +an advertisement, display, listing, or sign on or off the premises to advertise +the rental of an accessory structure. +               (cc)   The height of an accessory structure may not exceed the +height of the main building. +               (dd)   The floor area of any individual accessory structure on a +lot, excluding floor area used for parking, may not exceed 25 percent of the +floor area of the main building. +               (ee)   The total floor area of all accessory structures on a +lot, excluding floor area used for parking, may not exceed 50 percent of the +floor area of the main building. +               (ff)   Accessory structures must have a roof-pitch and +fenestration compatible with the main building. It is recommended that +accessory structures have exterior siding, roofing, and foundation fascia +compatible with the main building. "Compatible" as used in this provision means +similar in application, color, pattern, shape, size, slope, and other +characteristics; but does not necessarily mean identical. The burden is on the +property owner or applicant to supply the proof of compatibility. Use of +similar materials or materials of similar quality to the main building serves +as additional evidence that the property owner's burden of proof of +compatibility has been met. This provision does not apply to accessory +structures with a floor area of 200 square feet or less. (Ord. Nos. 19455; +19786; 19912; 20360; 20493; 20953; 21044; 21663; 22139; 22390; 23897; 24585; +24718; 24857; 25133; 25486; 25977; 27495; 28803; 29208; 30184; 30890; 30930; +31607; 31608) +SEC. 51A-4.210.   RETAIL AND PERSONAL SERVICE USES. +   (a)   General provisions. Except as otherwise provided in this article, the +following general provisions apply to all uses listed in this section: +      (1)   All uses must be retail or service establishments dealing directly +with consumers. No person may produce goods or perform services on the premises +unless those goods or services are principally sold on the premises to +individuals at retail. +      (2)   Outside sales, outside display of merchandise, and outside storage +may be classified as either main or accessory uses. Accessory outside sales, +accessory outside display of merchandise, and accessory outside storage are +limited to five percent of the lot. If these uses occupy more than five percent +of the lot, they are only allowed in districts that permit them as a main use. +      (3)   In a GO(A) district, a retail and personal service use: +         (A)   must be contained entirely within a building; and +         (B)   may not have a floor area that, in combination with the floor +areas of other retail and personal service uses in the building, exceeds 10 +percent of the total floor area of the building. +   (b)   Specific uses. +      (1)   Ambulance service. +         (A)   Definition: A facility for the housing, maintenance, and +dispatch of vehicles designed to transport sick or injured persons to medical +facilities. +         (B)   Districts permitted: By right in CR, RR, CS, central area, MC-3, +and MC-4 districts. RAR required in CR, RR, CS, MC-3, and MC-4 districts. +         (C)   Required off-street parking: One space per 300 square feet of +floor area, plus one space per 500 square feet of site area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (2)   Animal shelter or clinic. +         (A)   Definition: A facility for the diagnosis, treatment, +hospitalization, or harboring of animals including, but not limited to dogs, +cats, birds, and horses. +         (B)   Districts permitted: +            (i)   Without outside runs: By right in A(A), CR, RR, CS, LI, IR, +IM, mixed use, multiple commercial, and urban corridor districts. RAR required +in CR, RR, CS, mixed use, and multiple commercial districts. +            (ii)   With outside runs: By right in CS, LI, IR, and IM districts +when located at least 1,000 feet from residential districts; otherwise, by SUP +only in the same districts. By SUP only in A(A) and RR districts. +         (C)   Required off-street parking: One space per 300 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (3)   Auto service center. +         (A)   Definition: A facility for the servicing or minor mechanical +repair of motor vehicles. This use may include the retail sale of lubricating +oils, tires, or parts for use in motor vehicles. This use does not include as +its primary function the disassembly, rebuilding, and replacement of motor +vehicle engines, transmissions, or other major machinery components, nor auto +body repair or painting. +         (B)   Districts permitted: By right in CR, RR, CS, industrial, central +area, mixed use, and multiple commercial districts. RAR required in CR, RR, CS, +industrial, mixed use, and multiple commercial districts. +         (C)   Required off-street parking: One space per 500 square feet of +floor area; a minimum of four spaces is required. Parking spaces that are used +to repair motor vehicles and located in a structure are not counted in +determining the required parking. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 60,000 1 +Each additional 60,000 or fraction thereof 1 +  +         (E)   Additional provisions: +            (i)   If an inoperable or wrecked motor vehicle remains outside on +the premises for more than 24 hours, the premises is an outside salvage or +reclamation use. However, a premise is not an outside salvage or reclamation +use if the premise stores not more than four inoperable or wrecked motor +vehicles each of which having a valid state registration, current safety +inspection certificate, and documentary record of pending repairs or other +disposition, and if the premise has a current certificate of occupancy for a +motor vehicle related use. +            (ii)   The servicing or repair of motor vehicles that weigh more +than 6,000 pounds or that have a manufacturer’s rated seating capacity of more +than 15 persons is not permitted under this use. +      (4)   Alcoholic beverage establishments. +         (A)   Definitions: +            (i)   BAR, LOUNGE, OR TAVERN means an establishment principally for +the sale and consumption of alcoholic beverages on the premises that derives 75 +percent or more of its gross revenue on a quarterly (three-month) basis from +the sale or service of alcoholic beverages, as defined in the Texas Alcoholic +Beverage Code, for on-premise consumption. +            (ii)   MICROBREWERY, MICRO- DISTILLERY, OR WINERY means an +establishment for the manufacture, blending, fermentation, processing, and +packaging of alcoholic beverages with a floor area of 10,000 square feet or +less that takes place wholly inside a building. A facility that only provides +tasting or retail sale of alcoholic beverages is not a microbrewery, +microdistillery, or winery use. +            (iii)   PRIVATE-CLUB BAR means an establishment holding a private +club permit under Chapter 32 or 33 of the Texas Alcoholic Beverage Code that +derives 35 percent or more of its gross revenue from the sale or service of +alcoholic beverages for on-premise consumption and that is located within a dry +area as defined in Title 6 (Local Option Elections) of the Texas Alcoholic +Beverage Code. PRIVATE-CLUB BAR does not include a fraternal or veterans +organization, as defined in the Texas Alcoholic Beverage Code, holding a +private club permit under Chapter 32 or 33 of the Texas Alcoholic Beverage +Code. PRIVATE-CLUB BAR does not include the holder of a food and beverage +certificate, as defined in the Texas Alcoholic Beverage Code. +         (B)   Districts permitted: +            (i)   Bar, lounge, or tavern and private club-bar. By SUP only in +GO(A)*, CR, RR, CS, industrial, central area, mixed use, multiple commercial, +MF-4(A), LO(A), MO(A), UC-2, and UC-3 districts. *Note: This use is subject to +restrictions in the GO(A) district. See Subsection (a)(3). +            (ii)   Microbrewery, micro-distillery, or winery. By right in +industrial districts with RAR required. By SUP only in CR, RR, CS, central +area, mixed-use, urban corridor, and walkable urban mixed use districts. +         (C)   Required off-street parking: +            (i)   Bar, lounge, or tavern and private club-bar.  +               (aa)   Except as otherwise provided, one space per 100 square +feet of floor area. +               (bb)   One space per 500 square feet of floor area used for the +manufacture of alcoholic beverages as an accessory use to the bar, lounge, or +tavern use. +            (ii)   Microbrewery, micro-distillery, or winery. +               (aa)   Except as otherwise provided, one space per 600 square +feet of floor area. +               (bb)   One space per 1,000 square feet of floor area used for +storage. +               (cc)   One space per 100 square feet of floor area used for +retail sales and seating. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 5,000 NONE +5,000 to 25,000 1 +25,000 to 50,000 2 +Each additional 50,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Bar, lounge, or tavern and private club-bar. +               (aa)   Food may be prepared and served as an accessory use. +               (bb)   Music, entertainment, or facilities for dancing may be +provided under this use. +               (cc)   The person owning or operating the use shall, upon +request, supply the building official with any records needed to document the +percentage of gross revenue for the previous 12 month period derived from the +sale or service of alcoholic beverages for on-premise consumption. +               (dd)   Unless the person owning or operating the use supplies +the building official with records to prove otherwise, an establishment holding +a private club permit under Chapter 32 or 33 of the Texas Alcoholic Beverage +Code is presumed to derive 35 percent or more of its gross revenue from the +sale or service of alcoholic beverages for on-premise consumption. +            (ii)   Microbrewery, micro-distillery, or winery. +               (aa)   Retail sales of alcoholic beverages and related items and +tastings or sampling are allowed in accordance with Texas Alcoholic Beverage +Commission regulations. +               (bb)   Except for loading, all activities must occur within a +building. +               (cc)   Silos and containers of spent grain are allowed as +outdoor storage. Containers of spent grain must be screened. All other outdoor +storage or repair is prohibited. +               (dd)   If an SUP is required, silos and outdoor storage areas +for spent grain must be shown on the site plan. +               (ee)   Drive-through facilities are prohibited. +      (5)   Business school. +         (A)   Definition: A facility offering instruction and training in a +service or the arts such as secretarial, barber, commercial artist, computer +software, medical technician, and similar training. +         (B)   Districts permitted: By right in LO(A), MO(A), GO(A)*, CR, RR, +CS, industrial, central area, mixed use, multiple commercial, UC-2, and UC- +3 districts. By SUP only in the NO(A) district. *Note: This use is subject to +restrictions in the GO(A) district. See Subsection (a)(3). +         (C)   Required off-street parking: One space per 25 square feet of +classroom. Any personal service uses accessory to a business school must be +parked to the personal service use parking requirement. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +      (6)   Car wash. +         (A)   Definition: A facility for the washing or steam cleaning of +passenger vehicles. A car wash may be: +            (i)   a single unit type which has a single bay or a group of +single bays with each bay to accommodate one vehicle only; or +            (ii)   a tunnel unit type which allows washing of multiple vehicles +in a tandem arrangement while moving through the structure. +         (B)   Districts permitted: By right in CR, RR, CS, industrial, mixed +use, MC-2, MC-3, and MC-4 districts. DIR required in the CR district. RAR +required in RR, CS, industrial, mixed use, MC-2, MC-3, and MC-4 districts. +         (C)   Required off-street parking: For single-unit type car washes: +none. For tunnel-type car washes a minimum of three spaces required. See the +additional provisions [Subparagraph (E)] for off-street stacking requirements. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Required off-street stacking: Three stacking spaces for each +bay in a single unit car wash; 25 stacking spaces for each tunnel unit car +wash. See Section +51A-4.304 for more information regarding off-street stacking spaces generally. +            (ii)   Spaces used to wash motor vehicles and located in a +structure are not counted in determining the required stacking. +      (7)   Commercial amusement (inside). +         (A)   Definitions. In this paragraph: +            (i)   AMUSEMENT CENTER means a facility for which an amusement +center license is required under +Chapter 6A of the Dallas City Code, as amended. +            (ii)   BILLIARD HALL means a facility for which a billiard hall +license is required under +Chapter 9A of the Dallas City Code, as amended. +            (iii)   CHILDREN’S AMUSEMENT CENTER means a facility with amusement +rides, games, play areas, and other activities, catering primarily to children +12 years of age and younger. +            (iv)   CLASS E DANCE HALL means a facility for which a Class E +dance hall license is required under +Chapter 14 of the Dallas City Code, as amended. +            (v)   COMMERCIAL AMUSE- MENT (INSIDE) means a facility wholly +enclosed in a building that offers entertainment or games of skill to the +general public for a fee. This use includes but is not limited to an adult +arcade, adult cabaret, adult theater, amusement center, billiard hall, bowling +alley, children’s amusement center, dance hall, motor track, or skating rink. +            (vi)   DANCE HALL means a dance hall as defined in +Chapter 14 of the Dallas City Code, as amended, but excludes those uses +described in Section +14-2(d). This definition includes a Class E dance hall. +         (B)   Districts permitted: +            (i)   Except as otherwise provided in Subparagraphs (B)(ii), (B) +(iii), and (B)(iv), by right in CR, RR, CS, industrial, central area, mixed +use, multiple commercial, UC-2, and UC-3 districts. +            (ii)   Amusement center: An SUP is required for an amusement center +in a CR, RR, CS, industrial, central area, mixed use, multiple commercial, UC- +1, or UC-2 district if it has a floor area of 2,500 square feet or more and is +located within 300 feet of a residential district. +            (iii)   Bingo parlor: An SUP is required for a bingo parlor in a +CR, UC-2, or UC-3 district. +            (iv)   Dance hall: An SUP is required for any dance hall (including +a Class E dance hall) in a CR, CS, UC-2, or UC-3 district. An SUP is also +required for a Class E dance hall in an RR, industrial, central area, mixed +use, or multiple commercial district if the Class E dance hall is located +within 300 feet of a residential district. RAR is required for any dance hall +that does not require an SUP but is located within 300 feet of a residential +district. +         (C)   Required off-street parking: +            (i)   Bingo parlor: one space per 50 square feet of floor area. +            (ii)   Bowling alley: six spaces per lane. +            (iii)   Children’s amusement center: one space per 200 square feet +of floor area. +            (iv)   Dance hall: one space per 25 square feet of dance floor and +one space per 100 square feet of floor area for the remainder of the use. Delta +credits, as defined in Section +51A-4.704(b)(4)(A), may not be used to meet this off-street parking +requirement. No special exception may be granted to the parking requirements. +            (v)   Motor track: one space per 1000 square feet of restricted +track area and one space per additional 200 square feet of floor area. +            (vi)   Skating rink: one space per 200 square feet of floor area. +            (vii)   Other uses: If an SUP is required for this use, the off- +street parking requirements may be established in the ordinance granting the +SUP, otherwise one space per 100 square feet of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   For purposes of determining the applicability of regulations +triggered by the proximity of this use to another zoning district, measurements +are made in a straight line, without regard to intervening structures or +objects, from the nearest boundary of the lot where this use is conducted to +the nearest boundary of the zoning district at issue. +            (ii)   All required off-street parking for a bingo parlor located +within 300 feet of a residential district must be provided on the lot occupied +by the bingo parlor use. +            (iii)   A dance hall shall at all times be considered a separate +main use and cannot be an accessory use within the meaning of Section +51A-4.217. +            (iv)   This use must comply with all applicable licensing +requirements. Amusement center licensing requirements are located in +Chapter 6A, billiard hall licensing requirements are located in +Chapter 9A, dance hall licensing requirements are located in +Chapter 14, and sexually oriented business licensing requirements are located +in +Chapter 41A. +      (8)   Commercial amusement (outside). +         (A)   Definition: A facility offering entertainment or games of skill +to the general public for a fee where any portion of the activity takes place +outside. This use includes, but is not limited to a golf driving range or +miniature golf course. +         (B)   Districts permitted: By right in CS and central area districts. +By SUP only in A(A), CR, RR, mixed use, and multiple commercial districts. DIR +required in the CS district. +         (C)   Required off-street parking: If an SUP is required for this use, +the off-street parking requirement may be established by the ordinance granting +the SUP, otherwise one space per 200 square feet of floor area, plus one space +per 400 square feet of site area exclusive of parking area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (8.1)   Commercial motor vehicle parking. +         (A)   Definition: A facility for the temporary, daily, or overnight +parking of commercial motor vehicles as defined in the use regulations for a +truck stop, and/or motor vehicles with two or more rear axles such as trucks, +truck tractors, and similar vehicles, for no charge or for a fee, regardless of +whether that fee is charged independently of any other use on the lot, if the +parking is not accessory to a main use on the lot. +         (B)   Districts permitted: By right in CS, LI, IR, and IM districts, +except by SUP only if located within 500 feet of a residential district, +measured in a straight line, without regard to intervening structures or +objects, from the nearest boundary of the lot where this use is conducted to +the nearest boundary of the zoning district at issue. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +      (9)   Commercial parking lot or garage. +         (A)   Definition: A vehicle parking facility that is operated as a +business enterprise by charging a fee for parking. +         (B)   Districts permitted: By right in CR, RR, CS, industrial, central +area, mixed use, multiple commercial, and urban corridor districts. RAR +required in CR, RR, CS, industrial, mixed use, and multiple commercial +districts. +         (C)   Required off-street parking: None; however, if this use is in +the central business district, off-street stacking spaces or passenger +unloading zones may need to be provided. For more information regarding off- +street parking in the central business district, see Section +51A-4.306. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   The parking of vehicles that weigh more than 6,000 pounds or +that have a manufacturer’s rated seating capacity of more than 15 persons is +prohibited under this use in all areas of the city except the central business +district. +            (ii)   This use must comply with the off-street parking regulations +in Divisions +51A-4.300 et seq. +            (iii)   If located in the CA-1(A) district, this use must comply +with the regulations in Section +51A-4.124(a)(9). +      (9.1)   Convenience store with drive-through. +         (A)   Definition: A business that is primarily engaged in the retail +sale of convenience goods, or both convenience goods and gasoline, that has +drive-in or drive-through service and has less than 10,000 square feet of floor +area. For purposes of this definition, CONVENIENCE GOODS means food, beverage, +household, personal care, and pharmaceutical items. A gasoline pump is not +considered a drive-in or drive-through service. +         (B)   Districts permitted: By SUP only in CR, RR, CS, IR, IM, MU-2, +MU-3, and multiple commercial districts. +         (C)   Required off-street parking: One space per 200 square feet of +floor area. +         (D)   Required off-street loading: One space. +         (E)   Additional provisions: +            (i)   A minimum of two stacking spaces must be provided. See +Section +51A-4.304 for more information regarding off-street stacking spaces generally. +            (ii)   The outside sale, display, or storage of furniture is +permitted if the furniture is: +               (aa)   customarily used outside; and +               (bb)   made of a material that is resistant to damage or +deterioration from exposure to the outside environment. +            (iii)   The outside sale, display, or storage of furniture, other +than the furniture described in Section +51A-4.210(b)(9.1)(E)(ii), is permitted only on Saturday and Sunday. +            (iv)   This use must comply with +Chapter 12B, “Convenience Stores,” of the Dallas City Code. +      (10)   Drive-in theater. +         (A)   Definition: A facility for showing motion pictures outdoors +where the audience views the motion picture from automobiles or while seated +outside. +         (B)   Districts permitted: By SUP only in A(A), CS, and IM districts. +         (C)   Required off-street parking: Six parking spaces. The number of +stacking spaces must equal ten percent of the number of the theater's stalls. +         (D)   Required off-street loading: None. +      (11)   Dry cleaning or laundry store. +         (A)   Definition: A facility for the cleaning or laundering of +garments, principally for individuals. +         (B)   Districts permitted: By right in GO(A)*, retail, CS, industrial, +central area, mixed use, and multiple commercial districts. In urban corridor +districts, this use is permitted by right, but the use may not have a drive-in +or drive-through facility. By right as a limited use only in MF-3(A), MF-4(A), +LO(A), and MO(A) districts. *Note: This use is subject to restrictions in the +GO(A) district. See Subsection (a)(3). +         (C)   Required off-street parking: One space per 200 square feet or +floor area. If more than ten off-street parking spaces are required for this +use, handicapped parking must be provided pursuant to Section +51A-4.305. +         (D)   Required off-street loading: One space. +         (E)   Additional provisions: +            (i)   Garments may be collected at off-site pick-up stations for +laundering and dry cleaning in this use. +            (ii)   This use may occupy no more than: +               (aa)   3,500 square feet of floor area in an NS(A) district; and +               (bb)   7,500 square feet of floor area in all other districts. +            (iii)   If this use has a drive-through facility, a minimum of two +stacking spaces must be provided. See Section +51A-4.304 for more information regarding off-street stacking spaces generally. +      (12)   Furniture store. +         (A)   Definition: A facility principally for the display and retail +sale of new furniture and appliances. +         (B)   Districts permitted: By right in CR, RR, CS, industrial, central +area, mixed use, multiple commercial, and urban corridor districts. +         (C)   Required off-street parking: One space per 500 square feet of +floor area open to the public. One space per 1,000 square feet of floor area +for storage or warehouse areas not open to the public. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The outside sale, display, or storage of furniture is +permitted if the furniture is: +               (aa)   customarily used outside; and +               (bb)    made of a material that is resistant to damage or +deterioration from exposure to the outside environment. +            (ii)   The outside sale, display, or storage of furniture, other +than the furniture described in Section +51A-4.210(b)(12)(E)(i), is permitted only on Saturday and Sunday. +            (iii)   See Section +51A-4.605 for design standards applicable to uses of 100,000 square feet or +more. +      (13)   General merchandise or food store 3,500 square feet or less. +         (A)   Definition: A retail store with a floor area of 3,500 square +feet or less for the sale of general merchandise or food. Typical general +merchandise includes clothing and other apparel, equipment for hobbies and +sports, gifts, flowers and household plants, dry goods, toys, furniture, +antiques, books and stationery, pets, drugs, auto parts and accessories, and +similar consumer goods. The term “food store” includes a grocery store, +delicatessen, convenience store without drive-through, and specialty foods +store. This use does not include other uses in this article that are +specifically listed. +         (B)   Districts permitted: By right in GO(A)*, retail, CS, industrial, +central area, mixed use, multiple commercial, and urban corridor districts. By +right as a limited use only in MF-3(A), MF-4(A), LO(A), and MO(A) districts. +*Note: This use is subject to restrictions in the GO(A) district. See +Subsection (a)(3). +         (C)   Required off-street parking: One space per 200 square feet of +floor area. +         (D)   Required off-street loading: One space. +         (E)   Additional provisions: +            (i)   If this use has a drive-through facility, a minimum of two +stacking spaces must be provided. See Section +51A-4.304 for more information regarding off-street stacking spaces generally. +            (ii)   The outside sale, display, or storage of furniture is +permitted if the furniture is: +               (aa)   customarily used outside; and +               (bb)    made of a material that is resistant to damage or +deterioration from exposure to the outside environment. +            (iii)   The outside sale, display, or storage of furniture, other +than the furniture described in Section +51A-4.210(b)(13)(E)(ii), is permitted only on Saturday and Sunday. +      (14)   General merchandise or food store greater than 3,500 square feet. +         (A)   Definition: A retail store with a floor area greater than 3,500 +square feet but less than 100,000 square feet for the sale of general +merchandise or food. Typical general merchandise includes clothing and other +apparel, equipment for hobbies and sports, gifts, flowers and household plants, +dry goods, toys, furniture, antiques, books and stationery, pets, drugs, auto +parts and accessories, and similar consumer goods. The term “food store” +includes a grocery store, delicatessen, convenience store without drive- +through, and specialty foods store. This use does not include other uses in +this article that are specifically listed. +         (B)   Districts permitted: By right in CR, RR, CS, central area, mixed +use, multiple commercial, UC-2, and UC-3 districts. +         (C)   Required off-street parking: One space per 200 square feet of +floor area for uses with less than 10,000 square feet of floor area. One space +per 220 square feet of floor area for uses with a floor area of 10,000 square +feet or greater, but less than 40,000 square feet of floor area. One space per +250 square feet of floor area for uses with a floor area of 40,000 square feet +or greater, but less than 100,000 square feet of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   If this use has a drive-through facility, a minimum of two +stacking spaces must be provided. See Section +51A-4.304 for more information regarding off-street stacking spaces generally. +            (ii)   The outside sale, display, or storage of furniture is +permitted if the furniture is: +               (aa)   customarily used outside; and +               (bb)    made of a material that is resistant to damage or +deterioration from exposure to the outside environment. +            (iii)   The outside sale, display, or storage of furniture, other +than the furniture described in Section +51A-4.210(b)(14)(E)(ii), is permitted only on Saturday and Sunday. +      (14.1)   General merchandise or food store 100,000 square feet or more. +         (A)   Definition: A retail store with a floor area of 100,000 square +feet or more for the sale of general merchandise or food. Typical general +merchandise includes clothing and other apparel, equipment for hobbies and +sports, gifts, flowers and household plants, dry goods, toys, furniture, +antiques, books and stationery, pets, drugs, auto parts and accessories, and +similar consumer goods. The term “food store” includes a grocery, delicatessen, +and convenience and specialty foods stores. This use does not include other +uses in this article that are specifically listed. +         (B)   Districts permitted: By right in RR and central area districts. +By SUP only in CR, CS, LI, mixed use, multiple commercial, and urban corridor +districts. +         (C)   Required off-street parking: One space per 300 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +100,000 to 150,000 3 +Each additional 50,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   If this use has a drive-through facility, a minimum of two +stacking spaces must be provided. See Section +51A-4.304 for more information regarding off-street stacking spaces generally. +            (ii)   The outside sale, display, or storage of furniture is +permitted if the furniture is: +               (aa)   customarily used outside; and +               (bb)   made of a material that is resistant to damage or +deterioration from exposure to the outside environment. +            (iii)   The outside sale, display, or storage of furniture, other +than the furniture described in Section +51A-4.210(b)(14.1)(E)(ii), is permitted only on Saturday and Sunday. +            (iv)   See Section +51A-4.605 for design standards applicable to uses of 100,000 square feet or +more. +      (15)   Home improvement center, lumber, brick or building materials sales +yard. +         (A)   Definition: A facility for the sale of home, lawn, and garden +supplies, brick, lumber, and other similar building materials. +         (B)   Districts permitted: By right in CR, RR, CS, and industrial +districts. DIR required in the CR district. RAR required in RR, CS, and +industrial districts. +         (C)   Required off-street parking: One space per 275 square feet of +retail floor area, plus one space per 1,000 square feet of site area exclusive +of parking area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   In all districts except the CR district, accessory outside +sales, accessory outside display of merchandise, and accessory outside storage +may individually occupy more than five percent of the lot, but may collectively +occupy no more than 25 percent of the lot. In the CR district, these accessory +uses may collectively occupy no more than five percent of the lot. +            (ii)   See Section +51A-4.605 for design standards applicable to uses of 100,000 square feet or +more. +      (16)   Household equipment and appliance repair. +         (A)   Definition: A facility for the repair of household and home +equipment, including appliances, lawnmowers, power tools, and similar items. +         (B)   Districts permitted: By right in CR, RR, CS, industrial, central +area, MU-2, MU-2(SAH), MU-3, MU-3(SAH), MC-2, MC-3, MC-4, and urban corridor +districts. +         (C)   Required off-street parking: One space per 200 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (16.1)   Liquefied natural gas fueling station. +         (A)   Definitions: In this paragraph: +            (i)   COMMERCIAL MOTOR VEHICLE means a motor vehicle that: +               (aa)   is designed or used for the transportation of cargo; +               (bb)   has a gross weight, registered weight, or gross weight +rating in excess of 26,000 pounds; and +               (cc)   is not owned or operated by a governmental entity. +            (ii)   LIQUEFIED NATURAL GAS FUELING STATION means a facility for +the retail sale of liquefied natural gas from pumps to commercial motor +vehicles. +         (B)   Districts permitted: +            (i)   By right in LI, IR, and IM districts, but SUP required if the +use has more than four fuel pumps or is within 1,000 feet of a residential +zoning district or a planned development district that allows residential uses. +            (ii)   By SUP in only in the CS district. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: Sufficient space must be allowed +for the unloading of a liquefied natural gas fuel truck. +         (E)   Additional provisions: +            (i)   No overnight parking is allowed. +            (ii)   No signage is permitted on liquefied natural gas storage +tanks except for required safety signage. +            (iii)   A fuel pump island must be constructed in a manner that +allows vehicular access adjacent to the island without interfering with or +obstructing off-street parking. The building official shall not issue a permit +to authorize the construction of a pump island until its placement has been +approved by the director. +            (iv)   Liquefied natural gas storage tanks, fuel pumps, and related +equipment may not be located beneath electric power lines. +            (v)   Liquefied natural gas storage tanks, fuel pumps, and related +equipment must be located at least 10 feet from the nearest building, property +line, any source of ignition, or nearest public street or sidewalk. +            (vi)   Liquefied natural gas storage tanks, fuel pumps, and related +equipment must be located at least 50 feet from the nearest rail of any +railroad main track. +            (vii)   A clear space of at least three feet must be provided for +access to all valves and fittings. +            (viii)   During fueling operations, the point of transfer (the +point where the fueling connection is made) must be at least 10 feet from any +building or public street or sidewalk, and at least three feet from any storage +tanks or containers. The point of transfer may be a lesser distance from +buildings or walls made of concrete or masonry materials, or of another +material having a fire resistance rating of at least two hours, but the point +of transfer must be at least 10 feet away from any building openings. +      (17)   Liquor store. +         (A)   Definition: An establishment principally for the retail sale of +alcoholic beverages for off-premise consumption, as defined in the Texas +Alcoholic Beverage Code. +         (B)   Districts permitted: By right in CR, RR, CS, central area, MU-2, +MU-2 (SAH), MU-3, MU- 3(SAH), MC-2, MC-3, and MC-4 districts. +         (C)   Required off-street parking: One space per 200 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 60,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   If this use has a drive-through facility, a minimum of two +stacking spaces must be provided. See Section +51A-4.304 for more information regarding off-street stacking spaces generally. +            (ii)   If a use has drive-in or drive-through service and has less +than 10,000 square feet of floor area, the use shall be classified as a +convenience store with drive-through under Paragraph (9.1). +      (18)   Mortuary, funeral home, or commercial wedding chapel. +         (A)   Definition: +            (i)   A mortuary or funeral home is a facility in which dead bodies +are prepared for burial or cremation or funeral services are conducted. +            (ii)   A commercial wedding chapel is a facility, not associated +with a church, where a wedding is performed for profit. +         (B)   Districts permitted: By right in CR, RR, CS, central area, mixed +use, and multiple commercial districts. +         (C)   Required off-street parking: +            (i)   One space per 300 square feet of floor area other than the +chapel, plus one space for each two seats in the chapel. Up to 50 percent of +the required off-street parking for this use may be tandem spaces. +            (ii)   If all spaces provided are non-tandem, the off-street +parking requirement for this use is one space per 500 feet of floor area other +than the chapel, plus one space for each two seats in the chapel. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   A commercial wedding chapel may provide reception areas, but +no alcoholic beverages may be sold. +      (19)   Motor vehicle fueling station. +         (A)   Definition: A facility for the retail sale of motor vehicle fuel +dispensed from pumps or electric vehicle charging stations. This use does not +include a truck stop or a liquefied natural gas fueling station as defined in +this section. +         (B)   Districts permitted: By right in CR, RR, CS, industrial, central +area, mixed use, and multiple commercial districts. By right as a limited use +only in MO(A) and GO(A) districts. By SUP only in MF-3(A), MF-4(A), and NS(A) +districts. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: Sufficient space must be provided +to allow for the unloading of a fuel truck. +         (E)   Additional provisions: +            (i)   Except for compression cylinder tanks used in connection with +compressed natural gas fueling facilities, all storage tanks for motor vehicle +fuel must be located underground. +            (ii)   A fuel pump island must be constructed in a manner that +allows vehicular access adjacent to the island without interfering with or +obstructing off-street parking. The building official shall not issue a permit +to authorize the construction of a pump island until its placement has been +approved by the director. +            (iii)   Fuel pumps are permitted as an accessory use only if they +comply with the following subparagraphs: +               (aa)   The pumps must be available only to the owner and tenant +of the main building and not available to the general public. +               (bb)   The fuel pump and any sign relating to the pump must not +be visible from the public street. No sign may be erected indicating the +availability of motor vehicle fuel. +            (iv)   Fuel pumps must be located at least 18 feet from the +boundary of the site. +            (v)   Compression cylinder tanks used in connection with compressed +natural gas fueling facilities must be screened from adjacent streets, alleys, +and residential uses. +      (20)   Nursery, garden shop, or plant sales. +         (A)   A facility for the growing, display, or sale of plant stock, +seeds, or other horticultural items. +         (B)   Districts permitted: By right in A(A), GO(A)*, CR, RR, CS, +central area, mixed use, multiple commercial, and urban corridor districts. +*Note: This use is subject to restrictions in the GO(A) district. See +Subsection (a)(3). +         (C)   Required off-street parking: One space per 500 square feet of +floor area, plus one space per 2,000 square feet of outside sales and display +area. +         (D)   Required off-street loading: +  +SQUARE FEET OF SALES AREA TOTAL REQUIRED SPACES OR BERTHS +0 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   In all districts where this use is permitted except the GO(A) +district, accessory outside sales, display of merchandise, or storage may +occupy up to 100 percent of the lot. In the GO(A) district, this use must be +located entirely within a building. See Subsection (a)(3) for more information +about restrictions on retail and personal service uses generally in the GO(A) +district. +      (21)    Outside sales. +         (A)   Definition: A site for the outside sale of general merchandise +or food. This use includes, but is not limited to, outdoor flea markets. +         (B)   Districts permitted: By right in central area districts. By SUP +only in RR and CS districts. +         (C)   Required off-street parking: One space per 200 square feet of +sales area. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Except as otherwise provided in this article, outside sales +is considered to be a separate main use if it occupies more than five percent +of the lot. Outside sales on less than five percent of the lot may qualify as +an accessory use if it is customarily incidental to a main use. See Section +51A-4.217. +      (21.1)   Paraphernalia shop. +         (A)   Definition: An establishment that displays or offers for sale +any "illegal smoking paraphernalia" as that term is defined in Chapter 31 of +the Dallas City Code or any other smoking paraphernalia that is commonly used, +or commonly known to be used, for the inhalation of tobacco or illegal +substances. For purposes of this definition, rolling papers, tobacco +cigarettes, and tobacco cigars are not considered paraphernalia. +         (B)   Districts permitted: By SUP only in CR, RR, CS, industrial, and +mixed use districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: One space. +         (E)   Additional provisions: +            (i)   A paraphernalia shop may not be located within 1,500 feet, +measured from property line to property line, of any other paraphernalia shop. +            (ii)   A paraphernalia shop may not be located within 1,000 feet, +measured from property line to property line, of a lot in a residential +district. +            (iii)   A paraphernalia shop may not be located within 1,000 feet, +measured from property line to property line, of a lot with a school. +            (iv)   A paraphernalia shop may not be located within 1,000 feet, +measured from property line to property line, of a lot with a child-care +facility. +            (v)   A paraphernalia shop may not be located within 1,000 feet, +measured from property line to property line, of a lot with a college, +university, or seminary. +            (vi)   A paraphernalia shop may not be located within 1,000 feet, +measured from property line to property line, of a lot with a church. +            (vii)   A paraphernalia shop may not have a drive-in or drive- +through or walk-up window. +            (viii)   The outside sale, display, or storage of products is +prohibited. +            (ix)   A paraphernalia shop may only be a main use that requires a +certificate of occupancy. A paraphernalia shop may not be an accessory use +within the meaning of Section +51A-4.217. +      (22)   Pawn shop. +         (A)   Definition: A facility for loaning money on the security of +personal property and the sale of unclaimed property. +         (B)   Districts permitted: By right in CR, RR, CS, IR, and IM +districts. +         (C)   Required off-street parking: One space per 200 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   A pawnshop legally operating as a permitted use or a +nonconforming use on March 1, 1989, is entitled to relocate to another site in +the same zoning district or classification in which it is located on March 1, +1989, provided the relocation is completed before the first anniversary of the +date that the pawnshop ceased doing business at the previous location. +      (23)   Personal service use. +         (A)   Definition: A facility for the sale of personal services. +Typical personal service uses include a barber/beauty shop, shoe repair, a +tailor, an instructional arts studio, a photography studio, a laundry or +cleaning pickup and receiving station, a handcrafted art work studio, safe +deposit boxes, a travel bureau, and a custom printing or duplicating shop. +         (B)   Districts permitted: By right in GO(A)*, retail, CS, industrial, +central area, mixed use, multiple commercial, and urban corridor districts. By +right as a limited use only in MF-3(A), MF-4(A), NO(A), LO(A), and MO(A) +districts. *Note: This use is subject to restrictions in the GO(A) district. +See Subsection (a)(3). +         (C)   Required off-street parking: One space per 200 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   If this use has a drive-through facility, a minimum of two +stacking spaces must be provided. See Section +51A-4.304 for more information regarding off-street stacking spaces generally. +            (ii)   In the NO(A) district, this use may occupy no more than +1,000 square feet of floor area. +      (24)   Restaurant without drive-in or drive-through service. +         (A)   Definition: An establishment principally for the sale and +consumption of food on the premises. (This use does not include a restaurant +with drive-in or drive-through service.) +         (B)   Districts permitted: By right in GO(A)*, retail, CS, industrial, +central area, mixed use, multiple commercial, and urban corridor districts. By +right as a limited use only in MF-4(A), LO(A), and MO(A) districts. By SUP only +in the NO(A) district. RAR required in MF-4(A), LO(A), MO(A), GO(A), retail, +CS, industrial, mixed use, and multiple commercial districts. *Note: This use +is subject to restrictions in the GO(A) district. See Subsection (a)(3). +         (C)   Required off-street parking: +            (i)   As a main use: except as otherwise provided, one space per +100 square feet of floor area. +            (ii)   As a limited or accessory use: except as otherwise provided, +one space per 200 square feet of floor area. +            (iii)   One space per 500 square feet of floor area used for the +manufacture of alcoholic beverages as an accessory use to the restaurant +without drive-in or drive-through service use. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 5,000 NONE +5,000 to 25,000 1 +25,000 to 50,000 2 +Each additional 50,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The sale and service of alcoholic beverages in conjunction +with the operation of this use is allowed generally, but may be prohibited if +this use is located in a liquor control overlay district. See Section +51A-4.503. +      (25)   Restaurant with drive-in or drive-through service. +         (A)   Definition: +            (i)   A restaurant with drive-in service is an establishment +principally for the sale and consumption of food where food service is provided +to customers in motor vehicles for consumption on the premises. +            (ii)   A restaurant with drive-through service is an establishment +principally for the sale and consumption of food which has direct window +service allowing customers in motor vehicles to pick up food for off-premise +consumption. +         (B)   Districts permitted: By right in CR, RR, CS, industrial, mixed +use, and multiple commercial districts. By SUP only in central area districts. +DIR required in CR, RR, CS, industrial, mixed use, and multiple commercial +districts. +         (C)   Required off-street parking: +            (i)   Except as otherwise provided, one space per 100 square feet +of floor area; with a minimum of four spaces. See additional provisions +[Subparagraph (E)] for off-street stacking requirements. See Section +51A-4.304 for more information regarding off-street stacking spaces generally. +            (ii)   One space per 500 square feet of floor area used for the +manufacture of alcoholic beverages as an accessory use to the restaurant with +drive-in or drive-through service use. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 5,000 NONE +5,000 to 25,000 1 +25,000 to 50,000 2 +Each additional 50,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The sale and service of alcoholic beverages in conjunction +with the operation of this use is allowed generally, but may be prohibited if +this use is located in a liquor control overlay district. See Section +51A-4.503. +            (ii)   The total number of stacking spaces required for this use is +as follows: +  +NO. OF DRIVE-THROUGH WINDOWS TOTAL NUMBER OF STACKING SPACES REQUIRED +1 6 +2 8 +Each additional drive-through window 4 additional +  +            (iii)   A remote order station, if any, must be set back at least +27 feet from all streets that allow direct access to the station. +      (26)   Surface parking. +         (A)   Definition: A passenger vehicle parking facility. +         (B)   Districts permitted: By right in the P(A) district. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   All parking must be at grade level. +            (ii)   A commercial parking lot or garage is not permitted under +this use. +            (iii)   No structures are permitted under this use except signs and +required screening. +            (iv)   The owner of surface parking must maintain a minimum front +yard of ten feet when the surface parking is contiguous to an A, A(A), R, R(A), +D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) district. +      (27)   Swap or buy shop. +         (A)   Definition: A facility for the purchase and retail sale or +exchange of new or used regulated property where more than 25 percent of the +facility’s total inventory is obtained from a source other than an authorized +vendor or manufacturer. This use includes, but is not limited to, bazaars. For +purposes of this definition: +            (i)   REGULATED PROPERTY means automobile accessories, business +machines, crafted precious metals, electronic equipment, firearms as defined by +state law, household appliances, jewelry, motorcycle accessories, musical +instruments, photographic equipment, power tools, or sporting goods; and +            (ii)   AUTHORIZED VENDOR OR MANUFACTURER means a commercial +supplier who deals in the wholesale distribution of regulated property in the +ordinary course of business. +         (B)   Districts permitted: By SUP only in CR, RR, CS, central area, +mixed use, and multiple commercial districts. +         (C)   Required off-street parking: One space per 200 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (28)   Taxidermist. +         (A)   Definition: A facility for preparing, stuffing, and mounting the +skins of animals, birds, and fish. +         (B)   Districts permitted: By right in CS, industrial, and central +area districts. +         (C)   Required off-street parking: One space per 600 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (29)   Temporary retail use. +         (A)   Definition: A temporary facility for the retail sale of seasonal +products, including food, christmas trees, and live plants. +         (B)   Districts permitted: By right in CR, RR, CS, industrial, central +area, mixed use, multiple commercial, and urban corridor districts. +         (C)   Required off-street parking: One space per 500 square feet of +site area. +         (D)   Required off-street loading: One space. +         (E)   Additional provisions: +            (i)   Off-street parking and loading requirements for this use may +be satisfied by using existing parking and loading spaces for other uses +located within 500 feet of the temporary retail use, or by providing temporary +parking and loading spaces that do not strictly comply with the construction +and maintenance provisions for off-street parking and loading in this chapter. +The operator of this use has the burden of demonstrating to the satisfaction of +the building official that temporary off-street parking or loading spaces: +               (aa)   are adequately designed to accommodate the parking and +loading needs of the temporary retail use; and +               (bb)   will not adversely affect surrounding uses. +            (ii)   The building official shall issue a temporary certificate of +occupancy for a period of 60 days for a temporary retail use. The building +official may grant one 30-day extension of the temporary certificate of +occupancy if the use has fully complied with all applicable city ordinances. No +more than one temporary certificate of occupancy may be issued for a temporary +retail use at the same location within a 12- month period. +      (30)   Theater. +         (A)   Definition: A facility for showing motion pictures or staging +theatrical performances to an audience inside an enclosed structure. +         (B)   Districts permitted: By right in CR, RR, CS, industrial, central +area, mixed use, multiple commercial, and urban corridor districts. In urban +corridor districts, DIR required and this use is limited to a theater with less +than 1,000 seats. By SUP only in MF-4, MO(A), and GO(A)* districts. *Note: This +use is subject to restrictions in the GO(A) district. See Subsection (a)(3). +         (C)   Required off-street parking: One space per 28 square feet of +seating area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The sale or service of food or drinks is permitted as a +limited accessory use. +            (ii)   This use may include service of food or drink to the +audience within the main auditorium. +            (iii)   The sale and service of alcoholic beverages in conjunction +with the operation of this use may be prohibited if this use is located in a +liquor control overlay district. See Section +51A-4.503. +      (30.1)   Truck stop. +         (A)   Definitions: In these use regulations: +            (i)   COMMERCIAL MOTOR VEHICLE means a motor vehicle that: +               (aa)   is designed or used for the transportation of cargo; +               (bb)   has a gross weight, registered weight, or gross weight +rating in excess of 26,000 pounds; and +               (cc)   is not owned or operated by a governmental entity. +            (ii)   TRUCK STOP means a facility for the retail sale of motor +vehicle fuel dispensed from pumps to commercial motor vehicles. +         (B)   Districts permitted: By SUP only in CS, LI, IM, and IR +districts. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: Sufficient space must be provided +to allow for the unloading of a fuel truck. +         (E)   Additional provisions: +            (i)   Except for above-ground storage tanks used in connection with +liquefied natural gas fueling facilities, and compression cylinder tanks used +in connection with compressed natural gas fueling facilities, all storage tanks +for motor vehicle fuel must be located underground. +            (ii)   A fuel pump island must be constructed in a manner that +allows vehicular access adjacent to the island without interfering with or +obstructing off-street parking. The building official shall not issue a permit +to authorize the construction of a pump island until its placement has been +approved by the director. +            (iii)   A truck stop is always a main use, and cannot be an +accessory use within the meaning of Section +51A-4.217. Other than accessory parking, any other use on the same lot is +considered an additional main use, such as on-site restaurants, cleaning +facilities, and repair services. +            (iv)   Fuel pumps must be located at least 18 feet from the +boundary of the site. +            (v)   Compression cylinder tanks used in connection with compressed +natural gas fueling facilities must be screened from adjacent streets, alleys, +and residential uses. +            (vi)   Except as provided in Item (vii), liquefied natural gas +storage tanks are only permitted if approved as part of the specific use permit +process. +            (vii)   For the purposes of Section +51A-4.704, adding liquefied natural gas fueling facilities to a nonconforming +truck stop is not the enlargement of a nonconforming use. +            (viii)   No signage is permitted on liquefied natural gas storage +tanks except for required safety signage. +      (31)   Vehicle display, sales, and service. +         (A)   Definition: A facility for the display, service, and retail sale +of new or used automobiles, boats, trucks, motorcycles, motor scooters, +recreational vehicles, or trailers. +         (B)   Districts permitted: By right in RR, CS, and industrial +districts. By SUP only in central area districts. RAR required in RR, CS, and +industrial districts. +         (C)   Required off-street parking: One space per 500 square feet of +floor and site area exclusive of parking area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The weight of each vehicle displayed or sold under this use +may not exceed 6,000 pounds. +            (ii)   Outside display and storage of new or used vehicles for sale +is permitted under this use without visual screening. +            (iii)   New or used vehicles for sale may be displayed or stored in +the required front yard under this use. +            (iv)   If an inoperable or wrecked motor vehicle remains outside on +the premises for more than 24 hours, the premises is an outside salvage or +reclamation use. However, a premise is not an outside salvage or reclamation +use if the premise stores not more than four inoperable or wrecked motor +vehicles each of which having a valid state registration, current safety +inspection certificate, and documentary record of pending repairs or other +disposition, and if the premise has a current certificate of occupancy for a +motor vehicle related use. (Ord. Nos. 19455; 19786; 19810; 19928; 20242; 20237; +20257; 20272; 20273; 20425; 20493; 20494; 20895; 21001; 21200; 21209; 21259; +21289; 21291; 21400; 21659; 21663; 21697; 21735; 21796; 21960; 22020; 22204; +22531; 22995; 23739; 24439; 24659; 24718; 24759; 25047; 25056; 25785; 26269; +26513; 26746; 27563; 28073; 28079; 28700; 28737; 28803; 30477; 30890) +SEC. 51A-4.211.   TRANSPORTATION USES. +      (1)   Airport or landing field. +         (A)   Definition: A facility for the landing of fixed or rotary wing +aircraft. +         (B)   Districts permitted: By SUP only in IR and IM districts. +         (C)   Required off-street parking: One space per 200 square feet of +terminal building floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +            (i)   A minimum of 60 acres is required for this use. +            (ii)   This use must be approved by the city aviation department. +            (iii)   This use is subject to the Federal Aviation +Administration’s rules and regulations. +      (2)   Commercial bus station and terminal. +         (A)   Definition:   A facility operated as a bus or shuttle passenger +station or transfer center serving a privately owned transit operation. For +purposes of this paragraph: +            (i)   Bus means a motor vehicle that has a manufacturer’s rated +seating capacity of more than 15 passengers, and is used for the transportation +of persons from a location in the city to another location either inside or +outside the city. +            (ii)   Shuttle means a van-type motor vehicle that has a +manufacturer’s rated seating capacity of not less than seven passengers and not +more than 15 passengers, and is used for the transportation of persons from a +location in the city to another location either inside or outside the city. +         (B)   Districts permitted: +            (i)   Except as otherwise provided in Subparagraph (B)(ii), by +right in RR, CS, LI, IR, IM, and central area districts. +            (ii)   By SUP only in the CS district when: +               (aa)   the facility operates with a bus; or +               (bb)   the facility operates with a shuttle within 500 feet of a +residential district. +            (iii)   DIR required in RR and central area districts, and the CS +district when an SUP is not required. RAR required in industrial districts. +         (C)   Required off-street parking: One space per 200 square feet of +building floor area plus one space per five seats of manufacturer's rated +seating capacity for the maximum number of vehicles on site during any one hour +time period. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A lobby or waiting room with a floor area of not less than +200 square feet must be provided. +            (ii)   Seating in the lobby or waiting room must be provided at a +ratio of one seat for every 25 square feet of floor area in the lobby or +waiting room. +            (iii)   The outdoor sale of general merchandise or food is +prohibited. +            (iv)   No loading or unloading of passengers is permitted on public +right-of-way. +      (3)   Heliport. +         (A)   Definitions: A facility for the landing and taking off of rotary +wing aircraft. +         (B)   Districts permitted: By right in IR and IM districts. By SUP +only in RR, CS, LI, central area, MU-3, MU-3(SAH), MC-3, and MC-4 districts. +RAR required in IR and IM districts. +         (C)   Required off-street parking: One space per 600 square feet of +site area; a minimum of four spaces is required. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This use may include fueling or servicing facilities, if +approved by the city aviation department. +            (ii)   This use must be approved by the city aviation department. +            (iii)   This use is subject to the Federal Aviation +Administration’s rules, regulations, and approval. +      (4)   Helistop. +         (A)   Definition: A landing pad for occasional use by rotary wing +aircraft. +         (B)   Districts permitted: By right in IR and IM districts. By SUP +only in A(A) MO(A), GO(A), RR, CS, LI, central area, MU-2, MU-2(SAH), MU-3, MU- +3(SAH) MC-2, MC-3, and MC-4 districts. RAR required in IR and IM districts. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Regularly scheduled stops are not permitted under this use. +            (ii)   This use must be approved by the city aviation department. +            (iii)   This use is subject to the Federal Aviation +Administration’s rules, regulations, and approval. +            (iv)   Fueling or servicing facilities are not permitted under this +use. +      (5)   Private street or alley. +         (A)   Definition: A street or an alley whose ownership has been +retained privately. +         (B)   District restrictions: +            (i)   This accessory use is not permitted in agricultural, +multifamily, MH(A), office, retail, commercial service and industrial, mixed +use, and multiple commercial districts. +            (ii)   An SUP is required for this accessory use in single family, +duplex, townhouse, CH, and central area districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: See Section +51A-4.303. +         (E)   Additional provisions: +            (i)   Private streets and alleys must be constructed and maintained +to the standards for public rights-of-way and must be approved by the director. +Sidewalks are required and must be constructed and maintained to the standards +for sidewalks in the public right-of-way. Water and sanitary sewer mains must +be installed in accordance with the applicable ordinances. +            (ii)   A legal entity must be created that is responsible for +street lighting, street maintenance and cleaning, and the installation and +maintenance of interior traffic control devices. The legal instruments +establishing the responsibility for a private street or alley must be submitted +to the city plan commission for approval, be approved as to legal form by the +city attorney, and recorded in the appropriate county. +            (iii)   Private streets and alleys must contain private service +easements including, but not limited to, the following easements: utilities; +firelane; street lighting; government vehicle access; mail collection and +delivery access; and utility meter reading access. +            (iv)   Street lights comparable with those required on public +rights-of-way must be provided. Street lighting design plans must be approved +by the director in compliance with applicable standards of the department of +development services. +            (v)   Design plans and location of all traffic control devices must +be approved by the traffic engineer. The design, size, color, and construction +of all traffic control devices must comply with those required in public +rights-of-way. +            (vi)   The fire protection standards in Article XIII of the Dallas +fire code must be followed. +            (vii)   A public school, park or other public facility must be +accessible from public rights-of-way in accordance with this code. +            (viii)   Private streets must comply with the thoroughfare plan and +may not interrupt public through streets. +            (ix)   Private street names and numbers must be approved by the +city plan commission. +            (x)   Private streets and the area they serve must be platted. +            (xi)   Guard houses may be constructed at any entrance to a private +street. All guard houses must be at least 25 feet from a public right-of-way. +            (xii)   Any structure that restricts access to a private street +must provide a passageway 20 feet wide and 14 feet high. +            (xiii)   One private street entrance must remain open at all times. +If an additional private street entrance is closed at any time, it must be +constructed to permit opening of the passageway in emergencies by boltcutters +or breakaway panels. +            (xiv) A private street serving an area containing over 150 dwelling +units must have a minimum of two access points to a public street. +            (xv)   A private street may serve no more than 300 dwelling units. +            (xvi)   The city has no obligation to maintain a private street. If +a private street is not maintained in compliance with the requirements of this +chapter, the city, after a public hearing before the city plan commission, +shall have the right, but not the obligation, to take those actions necessary +to put the private street in compliance. The legal entity responsible for +maintaining the private street shall pay the city for the work performed within +a period of 180 days from the presentation of the bill, or the private street +will become a public street of the city. +            (xvii)   A court or plaza may be considered a private street for +the purpose of creating a building site if a specific use permit for a private +street or alley use is obtained. +      (6)   Railroad passenger station. +         (A)   Definition: A facility for the loading and discharging of train +passengers. +         (B)   Districts permitted: By right in central area districts. By SUP +only in GO(A), RR, CS, industrial, MU-2, MU-2(SAH), MU-3, MU-3(SAH), MC- 2, MC- +3, and MC-4 districts. +         (C)   Required off-street parking: One space per 200 square feet of +terminal building floor area. +         (D)   Required off-street loading: None. +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +      (7)   Railroad yard, roundhouse, or shops. +         (A)   Definition: A facility for storing and repairing railroad +equipment, and making up trains. +         (B)   Districts permitted: By right in IM and central area districts. +RAR required in the IM district. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area of roundhouse and shops. +         (D)   Required off-street loading: None. +      (8)   STOL (short takeoff or landing) port. +         (A)   Definition: A facility for take-off and landing operations of +fixed wing aircraft designed to land on runways of 1000 feet or less. +         (B)   Districts permitted: By SUP only in IR, IM, and central area +districts. +         (C)   Required off-street parking: One space per 200 square feet of +terminal building floor area; a minimum of five spaces is required. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This use may include refueling equipment and passenger +shelters, but may not include maintenance facilities. +            (ii)   This use must be approved by the city aviation department. +            (iii)   This use is subject to the Federal Aviation +Administration’s rules, regulations, and approval. +      (9)   Transit passenger shelter. +         (A)   Definition: A structure which affords protection from the +weather to persons who are waiting to board a publicly owned or franchised +transit vehicle. +         (B)   Districts permitted: By right in all residential and +nonresidential districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A site plan must be submitted to and approved by the director +if the location of the proposed shelter structure will be on or within 20 feet +of a lot that is located in a single family or duplex district and occupied by +a residential use. The site plan must show the area within a 50-foot radius of +the proposed shelter structure. No site plan is required if the lot is vacant +or exclusively occupied by one or more nonresidential uses. +            (ii)   The submission and review procedures for a site plan +required under Subparagraph (i) are the same as those required under Section +51A-4.803 for a lot that has residential adjacency. For purposes of these +provisions, the term “lot” in Section +51A-4.803 is construed to mean only that area for which a site plan is +required. +            (iii)   In addition to the requirements of Section +51A-4.803(e), upon the filing of a complete application for review of a site +plan required under Subparagraph (i), the director shall send written notice to +all owners of real property lying within 200 feet of the area for which the +site plan is required. +            (iv)   In single family and duplex districts, the shelter structure +must not occupy an area greater than 100 square feet. +            (v)   A litter container of adequate size must be provided on the +site at all times. +            (vi)   This use must be installed by public agencies. +            (vii)   This use is exempt from the front, side, and rear yard +requirements in this chapter, except that the shelter structure must be set +back at least five feet from the edge of the roadway. +            (viii)   No signs are permitted on the transit passenger shelter +site except for governmental signs, transit system logos, schedules, and route +information. +      (10)   Transit passenger station or transfer center. +         (A)   Definition: A facility operated as a bus or rail passenger +station or transfer center serving a publicly-owned or franchised mass transit +operation. Typical facilities may include station platforms, bus bays, off- +street parking, private access roads, and other passenger amenities. +         (B)   Districts permitted: +            (i)   By right in central area districts. +            (ii)   By SUP only in all residential districts. +            (iii)   By SUP or, in the alternative, by city council resolution +in office, retail, CS, industrial, mixed use, and multiple commercial +districts. Authorization by city council resolution must strictly comply with +the procedures and requirements outlined in the additional provisions below. +         (C)   Required off-street parking: None required in central area +districts. In all other districts, the off-street parking requirements for each +site shall be determined during the site review process and incorporated into +the specific use permit ordinance or city council resolution, whichever is +applicable. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Analyses required. In all districts except central area +districts: +               (aa)   transit and parking demand analyses must be submitted +with an application for a specific use permit or for an approval by city +council resolution; and +               (bb)   a traffic impact analysis is required when the same is +requested by the director, or when the proposed facility will generate more +than 1,000 vehicle trips per day. +            (ii)   Landscaping. Landscaping must be provided to comply with +Article X of this chapter, or with a landscape plan approved by the city +council. In approving a landscape plan, the city council shall, as a minimum, +impose landscaping requirements that are reasonably consistent with the +standards and purposes of +Article X. +            (iii)   Screening. Screening must be provided to comply with +Section +51A-4.602, or with a site plan approved by the city council. +            (iv)   Vehicular ingress and egress. +               (aa)   Vehicular ingress and egress between this use and a +residential alley is prohibited. For purposes of this paragraph, the term +“residential alley” means a public alley or access easement that abuts or is in +a single family, duplex, townhouse, or clustered housing district. +               (bb)   Any vehicular ingress and egress between this use and a +minor street must be shown on a site plan approved by the city council. +            (v)   Minimum setbacks for parking and maneuvering. In residential +districts, all off-street parking spaces and bus bays, including maneuvering +areas, must be located behind the required setback lines established in this +chapter, or behind the established setbacks for the blockface, as defined in +Section 51A-4.401, whichever results in the greater setback. A minimum setback +of ten feet must be provided for a side or rear yard adjacent to a residential +use. +            (vi)   Outside speaker restrictions. Outside speakers are not +permitted within 50 feet of another lot in a residential district. Outside +speakers, when permitted, must face away from adjacent properties. +            (vii)   Restrictions on authorization by city council resolution in +certain districts. In NO(A), LO(A), MO(A), NS(A), CR, RR, CS, LI, MU-1, MU- 1 +(SAH), MC-1, and MC-2 districts, authorization by city council resolution is +not available unless: +               (aa)   a traffic impact analysis demonstrates to the +satisfaction of the director that the projected traffic from the proposed +facility will not reduce traffic operating conditions on public streets to a +level-of-service “E” or “F” as defined in the Highway Capacity Manual, +Transportation Research Board of the National Research Council, Washington, +D.C.; and +               (bb)   the facility: +                  [1]   is located greater than 330 feet from private property +(as defined in Section +51A-4.412 of the Dallas Development Code) in a single family, duplex, +townhouse, or CH district; +                  [2]   has no parking other than that needed for the drop-off +and pick-up of passengers, and no more than five bus bays; or +                  [3]   is separated from a lot in a single family, duplex, +townhouse, or CH district by a street 64 feet or more in width. +            (viii)   Procedures for authorization by city council resolution. +Authorization by city council resolution must strictly comply with the +following procedures and requirements: +               (aa)   The specific use permit requirement for each particular +station or transfer center site shall remain in effect unless and until the +city council adopts a resolution approving that site in accordance with this +subsection. +               (bb)   An applicant for authorization by city council resolution +shall submit a site plan that complies with the requirements of Section +51A-4.803 to the director. The director shall review the site plan in +accordance with that section and formulate a recommendation for the city +council within 30 calendar days of the date of its submission. +               (cc)   Upon formulating a recommendation regarding the site +plan, the director shall schedule a public hearing before the city council to +receive public comment regarding the plan. The director shall send written +notice of the public hearing to all owners of real property within 500 feet of +the proposed site. The measurement of the 500 feet includes streets and alleys. +The notice must be given not less than 10 days before the date set for the +hearing. Notice is given by depositing the notice properly addressed and +postage paid in the United States mail to the property owners as evidenced by +the last approved city tax roll. +               (dd)   The city secretary shall give notice of the public +hearing in the official newspaper of the city at least 15 days before the +hearing. After the city council holds its public hearing, it shall make a +decision regarding the plan. The decision need not be made on the same day that +the public hearing is held. +               (ee)   The city council may approve or deny the site plan. An +approval must be by resolution adopted by a majority of those councilmembers +present and eligible to vote, and a true and correct copy of the site plan must +be attached to the resolution as an exhibit. The city council may impose +reasonable conditions upon the approval of a site plan consistent with the +purposes stated in Section +51A-1.102 of this chapter. Any conditions imposed must be in writing and made +part of the resolution. +               (ff)   After a final decision is reached by the city council +denying a site plan, no further applications for site plan approval may be +considered for that particular station or transfer center site for two years +from the date of the final decision. If the city council renders a final +decision of denial without prejudice, the two year time limitation is waived. A +property owner may apply for a waiver of the two year time limitation by +submitting a request in writing to the director. Only the city council may +waive the time limitation applicable to site plans reviewed under this +subsection. A simple majority vote by the city council is required to grant the +request. The two year time limitation applicable to site plans reviewed under +this subsection does not affect the ability of a property owner to apply for a +specific use permit for the same site. +               (gg)   Authorization by city council resolution shall no longer +be available for a particular station or transfer center site when an +application is made for a specific use permit for that site unless the +application is withdrawn prior to the mailing of notices for the public hearing +before the city plan commission. (Ord. Nos. 19455; 19786; 20122; 20493; 20625; +21001; 21663; 22026; 22799; 23735; 23766; 24833; 25047; 28073; 28424; 30890; +30932; 32002) +SEC. 51A-4.212.   UTILITY AND PUBLIC SERVICE USES. +      (1)   Commercial radio or television transmitting station. +         (A)   Definition: A facility for the transmission of commercial +programming by radio or television within the commercial band of the +electromagnetic spectrum. +         (B)   Districts permitted: By right in GO(A), CR, RR, CS, industrial, +central area, mixed use, and multiple commercial districts. By SUP only in A +(A), LO(A), and MO(A) districts. +         (C)   Required off-street parking: One space per 1,000 square feet of +floor area. +         (D)   Required off-street loading: None. +      (2)   Electrical generating plant. +         (A)   Definition: A facility franchised by the city that generates +electricity from mechanical power produced by gas, coal, or nuclear fission. +         (B)   Districts permitted: By SUP only in the IM district. +         (C)   Required off-street parking: One space per 1,000 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (3)   Electrical substation. +         (A)   Definition: A facility for transforming electricity for +distribution to individual customers. +         (B)   Districts permitted: By right in LO(A), MO(A), GO(A), CR, RR, +CS, industrial, central area, mixed use, and multiple commercial districts. By +SUP only in all residential, NO(A), and NS(A) districts. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: None. +      (4)   Local utilities. +         (A)   Definitions: +            (i)   UTILITY SERVICES means air pollution monitoring stations, +antennas, cables, dishes, distribution lines, drainage lines, generating +facilities, nodes and hubs, pipes, poles, pumping stations, receivers and +senders, repeating or regenerating devices, storm water facilities, switching +stations, substations, tanks, transmission lines, water wells, wires, or +similar equipment operated by a municipality, a transit authority, or a +certificated, franchised, or licensed utility company providing cable +television, electrical, gas, internet, storm sewer, telecommunications, +telegraph, telephone, water, or wastewater service to the public. +            (ii)   COMMUNICATIONS EX- CHANGE FACILITY means a facility for the +centralized placement of communications equipment used to store, house and +route voice and data transmissions among communications companies. +         (B)   Districts permitted: +            (i)   Utility services: +               (aa)   Except as otherwise provided, by right in all residential +and nonresidential districts. +               (bb)   By SUP only in residential districts if the above-grade +facilities exceed 300 square feet in floor area or structure footprint per lot, +except that no SUP is required for below-grade facilities, distribution lines, +transmission lines, and supporting structures. In this subparagraph, “structure +footprint” means the ground area defined by vertical planes extending downward +from the outermost projection of the structure. +               (cc)   RAR is required if this use is more than 150 square feet +in floor area or more than 10 feet in height, except that no RAR is required +for below-grade facilities, distribution lines, transmission lines, and +supporting structures. +            (ii)   Communications exchange facility: By right in LO(A), MO(A), +GO(A), RR, CS, industrial, central area, mixed use, and multiple commercial +districts. By right in the CR district if this use does not exceed 50,000 +square feet in floor area; otherwise, prohibited in the CR district. By right +in nonresidential planned development districts that allow local utilities. +Allowed in residential planned development districts only if specifically +listed as a permitted use, otherwise prohibited in residential planned +development districts. +         (C)   Required off-street parking: +            (i)   Utility services: None. +            (ii)    Communications exchange facility: One space per 5,000 +square feet of floor area, except that one space per 333 square feet is +required for any floor area used for office space. +         (D)   Required off-street loading: +            (i)   Utility services: None. +            (ii)   Communications exchange facility: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Utility services: +               (aa)   Above-ground storage tanks are not permitted under this +use, except accessory above-ground storage tanks to emergency generators. The +capacity of accessory above-ground storage tanks may not exceed 11,000 gallons +in nonresidential districts and 3,500 gallons in residential districts. +               (bb)   Except as otherwise provided in Subparagraph (E)(i)(dd), +in residential districts, if this use is over seven feet in height, screening +that complies with Section +51A-4.602(b) must be constructed and maintained along the side and rear of the +use. +               (cc)   Except as otherwise provided in Subparagraph (E)(i)(dd), +if this use is over seven feet in height, a perimeter landscape buffer strip +that complies with Section +51A-10.125 must be provided. +               (dd)   Distribution lines, transmission lines, and supporting +structures are exempt from the requirements of Subparagraphs (E)(i)(bb)and (E) +(i)(cc). +               (ee)   No landscape regulations apply to this use except as +expressly provided in these additional provisions. +               (ff)   This use is not subject to compliance proceedings under +Section +51A-4.704. +            (ii)   Communications exchange facility: +               (aa)   Section +51A-4.408(a)(1), which exempts structures for utility uses from certain height +restrictions, does not apply to this use. +               (bb)   Above-ground storage tanks are not permitted under this +use, except accessory above-ground storage tanks to emergency generators. +Unless located within an enclosed structure or completely screened from +adjacent street right-of-way and all other properties by solid screening, the +capacity of accessory above-ground storage tanks may not exceed 11,000 gallons +in nonresidential districts and 3,500 gallons in residential districts. +      (5)   Police or fire station. +         (A)   Definition: A facility operated by the city as a police or fire +station. +         (B)   Districts permitted: By right in GO(A), CR, RR, CS, industrial, +central area, mixed use, multiple commercial, and urban corridor districts. By +SUP only in residential, NO(A), LO(A), MO(A), and NS(A) districts. +         (C)   Required off-street parking: +            (i)   Police station: One space per 150 square feet of floor area. +            (ii)   Fire station: Five spaces plus one additional space per bed. +         (D)   Required off-street loading: One space. +         (E)   Additional provisions: +            (i)   This use may include emergency medical services. +      (6)   Post office. +         (A)   Definition: A government facility for the transmission, sorting, +and local distribution of mail. +         (B)   Districts permitted: By right in GO(A), CR, RR, CS, industrial, +central area, mixed use, multiple commercial, and urban corridor districts. By +SUP only in MF-3(A), MF-4(A), LO(A), MO(A), and NS(A) districts. +         (C)   Required off-street parking: One space per 200 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use includes main branches, substation branches, and +neighborhood coin-operated self-service stations. +      (7)   Radio, television, or microwave tower. +         (A)   Definition: A structure supporting antennae that transmit or +receive any portion of the electromagnetic spectrum. +         (B)   Districts permitted: By right in GO(A), CS, industrial, and +central area districts. By SUP only in residential, NO(A), LO(A), MO(A), +retail, mixed use, and multiple commercial districts. RAR required in GO(A), +CS, and industrial districts. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: None. +      (8)   Refuse transfer station. +         (A)   Definition: A privately owned facility for the separation, +transfer, or packing of solid waste materials from smaller collecting vehicles +to larger transport vehicles. +         (B)   Districts permitted: By SUP only in A(A) and IM districts. +         (C)   Required off-street parking: One space per 1,000 square feet of +site area exclusive of parking area. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This use must comply with +Chapter 18 of the Dallas City Code and all other applicable city ordinances, +rules, and regulations. +      (9)   Sanitary landfill. +         (A)   Definition: A facility for the collection, handling, storage, +and disposal of solid waste. +         (B)   Districts permitted: By SUP only in A(A) and IM districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This use is subject to federal and state law requirements. +            (ii)   This use must comply with +Chapter 18 of the Dallas City Code and all other applicable city ordinances, +rules, and regulations. +      (10)   Sewage treatment plant. +         (A)   Definition: A facility for receiving and treating sewage from +the city sanitary sewer system. +         (B)   Districts permitted: By SUP only in A(A), IM, and central area +districts. +         (C)   Required off-street parking: One space for each million gallons +of capacity. +         (D)   Required off-street loading: None. +      (10.1)   Tower/antenna for cellular communication. +         (A)   Definitions: +            (i)   Mounted cellular antenna means a cellular antenna that is +attached to an existing structure, that complies with the requirements of +Subparagraph (E)(i), and that is part of a cellular system authorized by the +Federal Communications Commission. An auxiliary building housing electronic and +communication equipment is permitted as part of this use. +            (ii)   Monopole cellular tower means a single pole structure that +supports a platform and cellular antennas, that complies with the requirements +of Subparagraphs (E)(ii) and (iii), and that is part of a cellular system +authorized by the Federal Communications Commission. An auxiliary building +housing electronic and communication equipment is permitted as part of this +use. +            (iii)   Other cellular communication tower/antenna means any +cellular communication tower or antenna that is part of a cellular system +authorized by the Federal Communications Commission, but that is not covered by +the definitions contained in Subparagraphs (A)(i) and (A)(ii). An auxiliary +building housing electronic and communication equipment is permitted as part of +this use. +            (iv)   Platform means that portion of a monopole cellular tower +that is located on top of the pole and that supports directional, transmitting, +and receiving antennas. +            (v)   Temporary cellular unit means any cellular communication +structure, vehicle, trailer mounted apparatus, or device that is part of a +system authorized by the Federal Communications Commission that is used to +temporarily provide service where an existing tower/antenna for cellular +communication is not operable for one or more of the following reasons: +               (aa)   The existing tower/ antenna for cellular communication +use is damaged or destroyed other than by the intentional act of the owner or +agent; or +               (bb)   A demolition or construction permit has been issued on a +building site that includes an existing mounted cellular antenna, monopole +cellular tower, or other cellular communica tion tower/antenna. +         (B)   Districts permitted: +            (i)   Mounted cellular antennas: By right in A(A), single family, +duplex, townhouse, CH, MF-1(A), MF-1(SAH), MF-2(A), MF-2(SAH), and MH(A) +districts when attached to an existing structure that is currently occupied or +was last occupied by a nonresidential use. By SUP only in A(A), single family, +duplex, townhouse, CH, MF-1(A), MF-1(SAH), MF-2(A), MF-2(SAH), and MH(A) +districts when attached to an existing structure that is currently occupied or +was last occupied by a nonresidential use and the mounted cellular antenna +exceeds the residential proximity slope height restrictions. The impact of the +mounted cellular antenna height on an adjacent residential district must be +considered in the SUP process. +            (ii)   Mounted cellular antennas: By right in MF-3(A), MF-4(A), +office, retail, CS, industrial, central area, mixed use, multiple commercial, P +(A), and UC-3 districts when attached to any existing structure. By SUP only in +MF-3(A), MF-4(A), office, retail, CS, industrial, central area, mixed use, +multiple commercial, P(A), and UC-3 districts when attached to an existing +structure and the mounted cellular antenna exceeds the residential proximity +slope height restrictions. The impact of the mounted cellular antenna height on +an adjacent residential district must be considered in the SUP process. +            (iii)   Monopole cellular towers: By right in commercial, +industrial, and central area districts with RAR required in commercial and +industrial districts. By right in LO(A), MO(A), GO(A), mixed use, and multiple +commercial districts if the height of the tower does not exceed the maximum +height for structures in that district as provided in the district regulations +(Divisions 51A-4.100 et seq.) with RAR required in the same districts; +otherwise by SUP only. By right in the CR district if the height of the tower +does not exceed 65 feet, with RAR required; otherwise by SUP only. By right in +the RR district if the height of the tower does not exceed 80 feet, with RAR +required; otherwise by SUP only. By SUP only in all residential, NO(A), NS(A) +districts, and in any district where a monopole cellular tower is permitted by +right but exceeds the residential proximity slope height restrictions. The +impact of the monopole cellular tower height on an adjacent residential +district must be considered in the SUP process. +            (iv)   Other cellular communication towers/antennas are permitted +by right in GO(A), CS, industrial, and central area districts. By SUP only in +residential, NO(A), GO(A), MO(A), retail, mixed use, multiple commercial +districts, and in any district where other cellular communication towers/ +antennas are permitted by right but exceed the residential proximity slope +height restrictions. RAR required in GO(A), CS, and industrial districts. The +impact of the other cellular communication tower/antenna height on an adjacent +residential district must be considered in the SUP process. +            (v)   Temporary cellular unit is permitted by right in all +districts. +         (C)   Required off-street parking: None required for temporary +cellular units. One space if the cellular communication tower/antenna has an +auxiliary building housing electronic and communication equipment ("auxiliary +building") greater than 120 square feet. Physically separate auxiliary +buildings will not be aggregated to determine the area of an auxiliary building +for the purpose of determining required off-street parking requirements. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Mounted cellular antennas may not exceed 12 feet above the +structure to which they are attached. Whip antennas are excluded from this +calculation. +            (ii)   The pole portion of a monopole cellular tower may not exceed +42 inches in diameter. Microwave dishes or similar devices up to three feet in +diameter may be mounted on the pole portion of a monopole cellular tower. If +microwave dishes or similar devices on a monopole cellular tower are concealed +within a stealth tower, no maximum; otherwise, no more than two dishes or +similar devices may be placed on a monopole cellular tower. +            (iii)   The platform portion of a monopole cellular tower may not +have a horizontal cross sectional area greater than 196 square feet. The depth +of the platform may not exceed 4 feet, excluding any whip antenna. Only +antennas that are part of a cellular system authorized by the Federal +Communications Commission are permitted on a platform. +            (iv)   The owner of a monopole or other tower for cellular +communication shall notify the building official when the tower is no longer +operating as part of a cellular system authorized by the Federal Communications +Commission. Within 12 months of the date the tower ceases to operate as part of +an authorized cellular system, the tower must either be removed from the site, +or a certificate of occupancy must be obtained to allow another permitted use +of the tower. If within 12 months the owner fails to remove the tower or obtain +proper authorization for use of the tower, the building official shall revoke +the certificate of occupancy for the tower and notify the city attorney to +pursue enforcement remedies. +            (v)   Mounted cellular antennas attached to utility structures are +exempt from the residential proximity slope regulations in certain +circumstances. [See Section +51A-4.408(a)(1)(C).] +            (vi)   Temporary cellular unit: +               (aa)   The building official shall issue a certificate of +occupancy for a period not to exceed one year. The building official may grant +up to two six-month extensions if a complete application for or amendment to a +specific use permit or planned development district has been filed with the +director or a building permit is issued for the replacement of the existing +tower/antenna for cellular communication. +               (bb)   A temporary cellular unit must be removed upon the +expiration of its certificate of occupancy or upon the completion or expiration +of a permit to construct a structure to mount a permanent mounted cellular +antenna, a monopole cellular tower, or other cellular antenna, whichever occurs +first. +               (cc)   Except as provided in this provision, a temporary +cellular unit must comply with the yard, lot, and space regulations of the +district and may not exceed the height of the existing tower/antenna for +cellular communication use to be removed. Lightning rods atop a temporary +cellular unit are not included in height calculations. A temporary cellular +unit is not subject to residential proximity slope. If a temporary cellular +unit collocates with existing operators on a single vertical temporary cellular +unit, the following regulations apply: +                  (I)   If the height of the existing mounted cellular antenna +to be removed is less than the maximum structure height of the district, the +maximum structure height may extend an additional ten feet in height for each +existing operator above one, not to exceed the maximum structure height of the +district. +                  (II)   If the height of the existing mounted cellular +antennas to be removed is equal to or exceeds the maximum structure height of +the district, the maximum height of the temporary cellular unit may not exceed +the height of the existing mounted cellular antennas to be removed. +            (vii)   The specific use permit regulations in Section +51A-4.219 apply to a tower/ antenna for cellular communication except as +modified in this provision. The director shall send written notice of a public +hearing on an application for an SUP for a tower/antenna for cellular +communication use to all owners of real property lying within 500 feet of the +building site as defined in Section +51A-4.601 on which the tower/antenna for cellular communication use will be +located. If the site does not comply with Section +51A-4.601, the director shall send written notice of a public hearing on an +application for an SUP for a tower/antenna for cellular communication use to +all owners of real property lying within 500 feet of the boundaries of a lot on +a preliminary plat that is approved by the city plan commission upon which the +tower/antenna for cellular communication use is to be located. +            (viii)   An application for or an amendment to a specific use +permit or planned development district is not required for a modification to an +existing tower/antenna for cellular communication or its base station unless +the modification substantially changes the physical dimensions of the existing +tower/antenna for cellular communication, or its base station. A modification +substantially changes the physical dimensions of an existing tower/antenna for +cellular communication or its base station if it meets the criteria listed in +47 C.F.R. §1.40001(b)(7), as amended. +      (11)   Utility or government installation other than listed. +         (A)   Definition: +            (i)   A “utility other than listed” is a public or private facility +certificated, franchised, licensed, or operated by the city as a utility, and +that is not specifically covered by the use regulations in this chapter. +            (ii)   A “government installation other than listed” is an +installation owned or leased by a government agency and that is not +specifically covered by the use regulations in this chapter. Typical such +government installations include city hall, a courthouse, or an elevated water +storage reservoir. +         (B)   Districts permitted: By right in central area and urban corridor +districts, except that an SUP is required for the “government installation +other than listed” use in the CA-1(A) district. By SUP only in residential, +office, retail, industrial, mixed use, and multiple commercial districts. +         (C)   Required off-street parking: The ratio of the use that the +building official determines is the most equivalent to the proposed use in +terms of function. If a specific use permit is required, the off-street parking +regulations may be established in the ordinance granting the permit. In such +cases, the city council shall consider the degree to which the use would create +traffic hazards or congestion given the capacity of nearby streets, the trip +generation characteristics of the use, the availability of public transit and +the likelihood of its use, and the feasibility of traffic mitigation measures. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   The SUP requirement for this use does not apply to a +building, other structure, or land under the control, administration, or +jurisdiction of a state or federal agency. +      (12)   Water treatment plant. +         (A)   Definition: A facility for purifying, supplying, and +distributing city water, including a system of reservoirs, channels, mains, and +purifying equipment. +         (B)   Districts permitted: By right in the IM district. By SUP only in +A(A), central area, and IR districts. RAR required in the IM district. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: None. +(Ord. Nos. 19455; 19786; 19808; 20037; 20493; 20731; 21000; 21001; 21314; +21663; 22392; 22639; 24543; 24718; 24898; 25440; 26578; 29984; 30808; 30890) +SEC. 51A-4.213.   WHOLESALE, DISTRIBUTION, AND STORAGE USES. +      (1)   Auto auction. +         (A)   Definition: A facility for the auction of automobiles. +         (B)   Districts permitted: By SUP only in CS and IM districts. +         (C)   Required off-street parking: One space per 500 square feet of +site area exclusive of parking area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (2)   Building mover’s temporary storage yard. +         (A)   Definition: A site where a building or structure which has been +removed from its original construction site is temporarily stored. +         (B)   Districts permitted: By SUP only in CS and IM districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This use must be surrounded by a solid visual screen of at +least nine feet in height and constructed of solid masonry, solid concrete, +corrugated sheet metal, or a chain link fence with strips of metal through all +links. +            (ii)   This use must be landscaped with plants meeting the +requirements of the specific use permit. +            (iii)   Buildings temporarily stored under this use may not be +placed upon a foundation. +            (iv)   This use does not include bona fide sales lots on which new +buildings or structures are located displaying examples of workmanship or +appearance of the buildings or structures to be constructed on other sites and +sold. +      (3)   Contractor’s maintenance yard. +         (A)   Definition: A facility for the storage and maintenance of +contractor’s supplies and operational equipment. +         (B)   Districts permitted: By right in CS and IM districts. RAR +required in CS and IM districts. +         (C)   Required off-street parking: One space per 2,000 square feet of +site area exclusive of parking area; a minimum of four spaces is required. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This use must be surrounded by screening. +      (4)   Freight terminal. +         (A)   Definition: A facility for the transfer or storage of freight. +         (B)   Districts permitted: By right in CS, industrial, and central +area districts. RAR required in CS and industrial districts. DIR required in +central area districts. +         (C)   Required off-street parking: One space per 1,000 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (5)   Livestock auction pens or sheds. +         (A)   Definition: A facility for the auction of livestock. +         (B)   Districts permitted: By SUP only in A(A) and IM districts. +         (C)   Required off-street parking: One space per 28 square feet of +seating area, plus one space per 600 square feet of sales area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (6)   Manufactured building sales lot. +         (A)   Definition: A facility for the display, service, and retail sale +of manufactured housing or preassembled storage buildings. +         (B)   Districts permitted: RAR required in CS and industrial +districts. +         (C)   Required off-street parking: One space per 200 square feet of +office floor area. A minimum of four spaces must be provided. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Outside display and storage of new or used manufactured +housing or preassembled storage buildings for sale is permitted under this use +without a visual screen. +            (ii)   Display or storage of manufactured housing or preassembled +storage buildings is prohibited within the required front yard. +      (7)   Mini-warehouse. +         (A)   Definition: A building or group of buildings containing one or +more individual compartmentalized storage units for the inside storage of +customers’ goods or wares, where no unit exceeds 500 square feet in floor area. +         (B)   Districts permitted: By right in CS, industrial, and central +area districts. By SUP only in CR, RR, mixed use, and multiple commercial +districts. +         (C)   Required off-street parking: A minimum of six spaces required. +Spaces may not be used for outside storage, vehicle storage, or parking for +vehicles for rent. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Caretaker’s quarters are permitted as an accessory use. One +parking space must be provided per 500 square feet of floor area of caretaker’s +quarters; however, no more than two spaces are required for each caretaker’s +quarters. +      (8)   Office showroom/warehouse. +         (A)   Definitions. In this paragraph: +            (i)   OFFICE SHOWROOM/ WAREHOUSE means a facility which has the +combined uses of office and showroom or warehouse for the primary purpose of +wholesale trade, display, and distribution of products. +            (ii)   OFFICE SHOWROOM COMPONENT means the portion of this use +which provides area for the regular transaction of business and for the display +of uncontainerized merchandise in a finished building setting. +         (B)   Districts permitted: By right in CS, industrial, central area, +MU-3, and MU-3(SAH) districts. +         (C)   Off-street parking. +            Required off-street parking: +            (i)   Office: One space per 333 square feet of floor area. +            (ii)   Showroom/warehouse: One space per 1,000 square feet of floor +area for the first 20,000 square feet of floor area. One space per 4,000 square +feet of floor area in excess of 20,000 square feet. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Retail sales of products which are sold at wholesale on the +premises are permitted as a part of this use. +            (ii)   In the MU-3 and MU-3(SAH) districts, the office showroom +component of this use must comprise at least 25 percent of the total floor area +of the use. +      (9)   Outside storage. +         (A)   Definition: A lot used for the outside placement of an item for +a period in excess of 24 hours. Outside placement includes storage in a +structure that is open or not entirely enclosed. +         (B)   Districts permitted: By right in CS and industrial districts. By +SUP only in central area districts. RAR required in CS and industrial +districts. +��        (C)   Required off-street parking: One space for each 5,000 square +feet of site area exclusive of parking area up to a maximum of five required +spaces; a minimum of one space is required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Landscaping. +            (i)   A landscape buffer must be provided between any required +screening fence and an adjacent thoroughfare. +            (ii)   The director may approve an alternative irrigation plan for +landscaping if the director determines that it will maintain the required +landscaping. +         (F)   Screening. +            (i)   In CS, LI, and IR districts, outside storage must be +screened. +            (ii)   In the IM district, outside storage must be screened on any +side that is within 200 feet of and visible from a thoroughfare, expressway as +defined in Section +51A-7.102, new expressway as defined in Section +51A-7.102, or an adjacent property that is not zoned an IM district. For +purposes of this provision, adjacent means across the street or sharing a +common lot line. +         (G)   Stacking height. +            (i)   Except as provided in this subparagraph, maximum outside +storage stacking height is 30 feet if the open storage is visible from and +within 200 feet of a thoroughfare or adjoining property that is not zoned an IM +district. If outside storage is 200 feet or more from a thoroughfare or +adjoining property, no maximum outside storage stacking height. +            (ii)   Outside storage stacking height within 40 feet of required +screening may not exceed the height of the required screening. +         (H)   Additional provisions: +            (i)   A person shall not place, store, or maintain outside for a +period in excess of 24 hours, an item that is not: +               (aa)   customarily used or stored outside; or +               (bb)   made of a material that is resistant to damage or +deterioration from exposure to the outside environment. +            (ii)   Except as otherwise provided in this article, outside +storage is considered to be a separate main use if it occupies more than five +percent of the lot. Outside storage on less than five percent of the lot may +qualify as an accessory use if it is customarily incidental to a main use. See +Section +51A-4.217. +            (iii)   Outside storage is prohibited in required yards, +landscaping areas, and parking areas. +            (iv)   All nonconforming open storage uses must comply with +Subparagraphs (F) and (G) before September 22, 2018. The owner or operator may +request from the board of adjustment an extension of this time period by filing +an application with the director on a form provided by the city. The +application must be filed before the September 22, 2018 deadline expires. The +application is not considered filed until the fee is paid. The board of +adjustment may grant an extension of this time period if it determines, after a +public hearing, that strict compliance would result in substantial financial +hardship or inequity to the applicant without sufficient corresponding benefit +to the city and its citizens in accomplishing the objectives of this Paragraph +(9), "Outside Storage." The fee to request that the board of adjustment extend +time is the same fee as the fee for a nonresidential special exception set +forth in Article I, "General Provisions," of the Dallas Development Code. +      (10)   Petroleum product storage and wholesale. +         (A)   Definition: A facility for the storage and wholesale trade and +distribution of petroleum products. +         (B)   Districts permitted: By right in the IM district with RAR +required. By SUP only in the CS district. +         (C)   Required off-street parking: One space for each 2,000 square +feet of site area exclusive of parking area; a minimum of four spaces required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   In an IM district, petroleum product storage and wholesale +must be visually screened on any side that is within 200 feet of and visible +from a thoroughfare or an adjacent property that is not zoned an IM district. +For purposes of this paragraph, adjacent means across the street or sharing a +common lot line. +      (11)   Recycling buy-back center. +         (A)   Definitions: In these use regulations: +            (i)   HOUSEHOLD METALS means items that are: +               (aa)   customarily used in a residential dwelling; +               (bb)   comprised of any quantity of ferrous or nonferrous metal, +as defined in +Chapter 40B of the Dallas City Code, as amended; and +               (cc)   not included in the definition of industrial metals. +Examples of household metals include, but are not limited to kitchen pots and +pans, cooking and serving tools, barbeque equipment, window screens, gardening +tools, and aluminum foil. +            (ii)   INDUSTRIAL METALS means pipes, wires, coils, condensors, +guard rails, automotive parts, bulky appliances, and similar industrial or +construction materials which are comprised of any quantity of ferrous or +nonferrous metal, as defined in +Chapter 40B of the Dallas City Code, as amended. +            (iii)   RECYCLABLE MATERIALS means clothing, aluminum cans, steel +cans, glass, paper, plastics, and household and industrial metals. +            (iv)   RECYCLING BUY-BACK CENTER means a facility wholly enclosed +within a building, or an automatic collection machine, used for the collection +and temporary storage of recyclable materials as provided in Subparagraph (B). +            (v)   RECYCLING USE means any use listed in Paragraphs (11) through +(11.3) of this section. +         (B)   Districts permitted: +            (i)   If this use is located on property controlled, managed, or +maintained by the park and recreation board: By right in all districts. +            (ii)   For the collection of aluminum cans, steel cans, glass, +paper, clothing, and plastics: By right with RAR required in industrial, +central area, MU- 2, MU-2(SAH), MU-3, MU-3(SAH), MC-2, MC-3, and MC- +4 districts. By SUP in CR, RR, CS, MU-1, MU- 1(SAH), and MC-1 districts. +            (iii)   For the collection of household metals: By SUP in CR, RR, +CS, industrial, central area, mixed use and multiple commercial districts. +            (iv)   For the collection of industrial metals: By SUP in +industrial districts. +         (C)   Required off-street parking: One space per 500 square feet of +floor area. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   The floor area of this use may not exceed 10,000 square feet. +            (ii)   Mechanical processing of recyclable materials is limited to +crushing, bailing, and shredding. +            (iii)   Materials stored at this use must be removed at least once +a week or before reaching capacity. The facilities must be maintained in proper +repair and the exterior must have a neat and clean appearance. +            (iv)   In the LI, IR, and IM districts, openings providing vehicle +access to the building may remain open at all times. In all other districts, +vehicle access openings must remain closed except when receiving or removing +recyclable materials. +            (v)   No more than one recycling use is permitted on a building +site. +            (vi)   This use must be located at least 1,000 feet from another +recycling use. Measurements of distance under this paragraph are taken +radially. “Radial” measurement means a measurement taken along the shortest +distance between the nearest point of the building sites where recycling uses +are located. +            (vii)   The collection of industrial metals is prohibited in all +districts except the LI, IR, and IM districts as provided in Subparagraph (B). +            (viii)   If this use is located on property controlled, managed, or +maintained by the park and recreation board, the requirements of Subparagraphs +(C), (D), and (E) do not apply. +            (ix)   The collection of hazardous waste, as defined in Section +51A-4.206(4)(A)(iii), is prohibited. +            (x)   No SUP for this use may be granted for more than a two-year +time period. +      (11.1)   Recycling collection center. +         (A)   Definitions: +            (i)   HOUSEHOLD METALS means items that are: +               (aa)   customarily used in a residential dwelling; +               (bb)   comprised of any quantity of ferrous or nonferrous metal, +as defined in +Chapter 40B of the Dallas City Code, as amended; and +               (cc)   not included in the definition of industrial metals. +Examples of household metals include, but are not limited to kitchen pots and +pans, cooking and serving tools, barbeque equipment, window screens, gardening +tools, and aluminum foil. +            (ii)   INDUSTRIAL METALS means pipes, wires, coils, condensors, +guard rails, automotive parts, bulky appliances, and similar industrial or +construction materials which are comprised of any quantity of ferrous or +nonferrous metal, as defined in +Chapter 40B of the Dallas City Code, as amended. +            (iii)   RECYCLABLE MATERIALS means aluminum cans, steel cans, +glass, paper, plastics, and household and industrial metals. +            (iv)   RECYCLING COLLECTION CENTER means a facility for the +collection and temporary storage of recyclable materials as provided in +Subparagraph (B). +            (v)   RECYCLING USE means any use listed in Paragraphs (11) through +(11.3) of this section. +         (B)   Districts permitted: +            (i)   If this use is located on property controlled, managed, or +maintained by the park and recreation board: By right in all districts. +            (ii)   For the collection of aluminum cans, steel cans, glass, +paper, and plastics: By right with RAR required in industrial, central area, +MU-2, MU- 2(SAH), MU-3, MU-3(SAH), MC-2, MC-3, and MC-4 districts. By SUP in +CR, RR, CS, MU-1, MU-1(SAH), and MC-1 districts. +            (iii)   For the collection of household metals: By SUP in CR, RR, +CS, industrial, central area, mixed use, and multiple commercial districts. +            (iv)   For the collection of industrial metals: By SUP in +industrial districts. +         (C)   Required off-street parking: A minimum of one space is required. +If the use is operated by an attendant, one additional space is required. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This use may only be located on an improved surface in an +enclosed container or a trailer that is not more than 45 feet in length. +            (ii)   A trailer may only be placed on an improved surface of a +building site containing a minimum of 30,000 square feet of land area, and a +minimum of 10,000 square feet of building area. The area occupied by this use +may not exceed 2,000 contiguous square feet, excluding area for required +parking and maneuvering. +            (iii)   No more than one recycling use is permitted on a building +site. A collection center is limited to one trailer and two containers of no +more than 40 cubic yards each. An additional 40-cubic-yard container may be +substituted for the permitted trailer. +            (iv)   A collection center located on a parking lot may not occupy +required off-street parking spaces. A collection center must be arranged so as +to not impede free traffic flow. This use may not be located in a required +yard. +            (v)   Mechanical processing of recyclable materials is prohibited +on site. +            (vi)   Materials stored at the collection center must be removed at +least once a week or before reaching capacity. +            (vii)    The collection center must be maintained in proper repair +and the exterior must have a neat and clean appearance. All containers must be +constructed of solid materials. +            (viii)   Collection centers must be attended at all times or +closed. +            (ix)   A sign must be provided for each trailer and container. Each +sign must identify the use, the operator responsible for the use, and the +telephone number of the operator. A trailer may have one sign on each side, not +exceeding 125 square feet. No sign on a container may exceed 30 square feet. No +other sign is permitted for this use. +            (x)   No SUP for this use may be granted for more than a two-year +time period. +            (xi)   Operation of this use between the hours of 9:00 p.m. and 7: +00 a.m. is prohibited. +            (xii)   This use must be located at least 1,000 feet from another +recycling use. Measurements of distance under this paragraph are taken +radially. “Radial” measurement means a measurement taken along the shortest +distance between the nearest point of the building sites where recycling uses +are located. +            (xiii)   If this use is located on property controlled, managed, or +maintained by the park and recreation board, the requirements of Subparagraphs +(C), (D), and (E) do not apply. +            (xiv)   The collection of hazardous waste, as defined in Section +51A-4.206(1.1), is prohibited. +      (11.2)   Recycling drop-off container. +         (A)   Definitions: In these use regulations: +            (i)   RECYCLABLE MATERIALS means aluminum cans, steel cans, glass, +paper, and plastics. +            (ii)   RECYCLING DROP-OFF CONTAINER means a facility for the +collection and temporary storage of recyclable materials that are limited to +aluminum cans, steel cans, glass, paper, and plastics. +         (B)   Districts permitted: +            (i)   By right in all districts if this use is located on property +controlled, managed, or maintained by the park and recreation board. +            (ii)   By right in all districts except the P(A) district if the +requirements of Subparagraph (E) are satisfied. Except as otherwise provided in +Subparagraph (B)(i) and except for the P(A) district, by SUP in any district if +any requirement of Subparagraph (E) is not satisfied. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A multifamily or non-residential use must be located on the +same building site as this use. +            (ii)   This use may not be located within a visibility triangle as +defined in Section +51A-4.602. +            (iii)   No more than two containers are permitted on a building +site. Containers may have no more than 3.5 cubic yards of storage capacity +except that one container for paper collection may have no more than 20 cubic +yards of storage capacity. No container may exceed six feet in height. All +deposit openings must be designed to prevent dispersion of the container’s +contents, or the container must be staffed at all times when collection may +occur. Containers must be constructed of solid materials and placed on concrete +paving, hot mix asphalt paving that consists of a binder and surface course, or +a material that has equivalent characteristics. +            (iv)   Containers may not occupy required off-street parking +spaces, impede free traffic flow, or be located in a yard that abuts a street. +For purposes of this provision, “yard” means the area extending the length of +the lot between the main structure and a street. +            (v)   Trailers and automatic collection machines are prohibited. +            (vi)   Mechanical processing of the recyclable materials is +prohibited on site. +            (vii)   Materials stored at this use must be removed at least once +a week or before reaching capacity. The facilities must be maintained in proper +repair and the exterior must have a neat and clean appearance. +            (viii)   A sign must be provided for each container on the +container. Each sign must identify the use, the operator responsible for the +use, and the telephone number of the operator. No sign on a container may +exceed 30 square feet. One sign that does not exceed 20 square feet may be +provided on a required screening fence within five feet of a container. +            (ix)   No more than one recycling use is permitted on a building +site. +            (x)   This use must be located at least 1,000 feet from another +recycling use. Measurements of distance under this provision are taken +radially. “Radial” measurement means a measurement taken along the shortest +distance between the nearest point of the building sites where recycling uses +are located. +            (xi)   Recycling drop-off containers must be visually screened on +any side visible from a street or an adjoining residential property by a brick, +stone, concrete masonry, stucco, concrete, or wood wall or fence or by +landscape screening. To allow air circulation and visibility, the screening +from grade to one foot above grade must be open except for support posts. +Screening must be properly maintained so that: +               (aa)   the screening is not out of vertical alignment more than +one foot from the vertical, measured at the top of the screening; and +               (bb)   any rotted, fire damaged, or broken slats or support +posts; any broken or bent metal posts; any torn, cut, bent, or ripped metal +screening; any loose or missing bricks, stones, rocks, mortar, or similar +materials and any dead or damaged landscaping materials are repaired or +replaced. +            (xii)   No SUP for this use may be granted for more than a two-year +time period. +            (xiii)   Nonprofit organizations are exempt from payment of SUP +application fees for this use. For purposes of this provision, “nonprofit +organization” means an organization eligible for an exemption from taxation +pursuant to Sections 501(c) of the Internal Revenue Code. At the time of +application, a nonprofit applicant must submit an affidavit, acknowledged +before a notary public, stating the organization’s eligibility for a fee +exemption under this paragraph. +            (xiv)   The collection of hazardous waste, as defined in Section +51A-4.206(1.1), is prohibited. +            (xv)   If this use is located on property controlled, managed, or +maintained by the park and recreation board, the requirements of Subparagraphs +(C), (D), and (E) do not apply. +            (xvi)   By December 31, 2008, recycling drop-off containers must be +brought into compliance with amendments to this subparagraph contained in +Ordinance No. 27314, passed by the Dallas City Council on September 10, 2008. +      (11.3)   Recycling drop-off for special occasion collection. +         (A)   Definitions: In these use regulations: +            (i)   HOUSEHOLD METALS means items that are: +               (aa)   customarily used in a residential dwelling; +               (bb)   comprised of any quantity of ferrous or nonferrous metal, +as defined in +Chapter 40B of the Dallas City Code, as amended; and +               (cc)   not included in the definition of industrial metals. +Examples of household metals include, but are not limited to kitchen pots and +pans, cooking and serving tools, barbeque equipment, window screens, gardening +tools, and aluminum foil. +            (ii)   INDUSTRIAL METALS means pipes, wires, coils, condensors, +guard rails, automotive parts, bulky appliances, and similar industrial or +construction materials which are comprised of any quantity of ferrous or +nonferrous metal, as definedin +Chapter 40B of the Dallas City Code, as amended. +            (iii)   RECYCLABLE MATERIALS means aluminum cans, steel cans, +glass, paper, plastics, and household and industrial metals. +            (iv)   RECYCLING DROP-OFF FOR SPECIAL OCCASION COLLECTION means a +facility for the collection and temporary storage of recyclable materials that +are limited to metals, glass, paper, and plastics. +         (B)   Districts permitted: +            (i)   By right in all districts if this use is located on property +controlled, managed, or maintained by the park and recreation board. +            (ii)   By right in all districts except the P(A) district if the +requirements of Subparagraph (E) are satisfied. Except as otherwise provided in +Subparagraph (B)(i) and except for the P(A) district, by SUP in any district if +any requirement of Subparagraph (E) is not satisfied. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   No more than one event each calendar month is permitted, and +no event may exceed three days in duration. +            (ii)   A church, school, or community center use with no less than +two acres of land area must be located on the same building site as this use. +            (iii)   Trailers and containers may not be located within a +required yard. +            (iv)   This use is limited to one trailer and two containers of no +more than 40 cubic yards each. An additional 40-cubic-yard container may be +substituted for the permitted trailer. +            (v)   This use must be attended at all times or closed. +            (vi)   This use may not occupy required off-street parking spaces +or impede free traffic flow. +            (vii)   Mechanical pro-cessing of recyclable materials is +prohibited. +            (viii)   All containers, conveyances, and materials must be removed +from the property after each three-day event. The facilities must be maintained +in proper repair and the exterior must have a neat and clean appearance. All +containers must be constructed of solid materials. +            (ix)   A sign must be provided for each trailer and container. Each +sign must identify the use, the operator responsible for the use, and the +telephone number of the operator. No sign may exceed 30 square feet. +            (x)   Sales transactions are prohibited on site. +            (xi)   No more than one recycling use is permitted on a building +site. +            (xii)   This use must be located at least 1,000 feet from another +recycling use. Measurements of distance under this paragraph are taken +radially. “Radial” measurement means a measurement taken along the shortest +distance between the nearest point of the building sites where recycling uses +are located. +            (xiii)   Nonprofit organizations are exempt from payment of SUP +application fees for this use. For purposes of this paragraph, nonprofit +organization means an organization eligible for an exemption from taxation +pursuant to Sections 501(c)(3) and 501(c)(4) of the Internal Revenue Code. At +the time of application, a nonprofit applicant must submit an affidavit, +acknowledged before a notary public, stating the organization’s eligibility for +a fee exemption under this paragraph. +            (xiv)   No SUP for this use may be granted for more than a two-year +time period. +            (xv)   If this use is located on property controlled, managed, or +maintained by the park and recreation board, the requirements of Subparagraphs +(C), (D), and (E) do not apply. +            (xvi) The collection of hazardous waste, as defined in Section +51A-4.206(1.1), is prohibited. +      (12)   Sand, gravel, or earth sales and storage. +         (A)   Definition: A facility for storing and selling sand, gravel, and +earth. +         (B)   Districts permitted: By right in the IM district with RAR +required. By SUP only in A(A) and CS districts. +         (C)   Required off-street parking: One space per 2,000 square feet of +site area exclusive of parking area; a minimum of four spaces is required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No mining is permitted under this use. +            (ii)   In an IM district, sand, gravel, or earth sales and storage +must be visually screened on any side that is within 200 feet of and visible +from a thoroughfare or an adjoining property that is not zoned an IM district. +      (13)   Trade center. +         (A)   Definition: A facility for exhibitions, trade shows, and +conventions. +         (B)   Districts permitted: By right in CS, industrial, central area, +MU-3, MU-3(SAH), and MC-4 districts. +         (C)   Required off-street parking: One space for each 700 square feet +of floor area, exclusive of atriums, mechanical rooms, stairwells, and +hallways. Required off-street parking must be provided on the site within 500 +feet of a public entrance to the trade center. However, parking may be located +at a distance greater than 500 feet if a satisfactory system of transportation +between the trade center and parking area is established and maintained by the +owner of the use. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use must have a minimum floor area of 2,000,000 square +feet. +            (ii)   This use must have a site area of at least 100 acres. The +site area may be divided by streets. The area of the dividing streets is not +included in the computation of the site area. +            (iii)   No more than 40 percent of the floor area may be used for +retail sales. +      (14)   Vehicle storage lot. +         (A)   Definition: A facility for the storage of vehicles that have +been towed, repossessed, or are otherwise in the care and custody of the +operator of the lot. +         (B)   Districts permitted: By right in the IM district. By SUP only in +the CS district. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   No servicing of vehicles or sales of vehicles or parts are +permitted under this use. +            (ii)   A person shall not store outside a legally or mechanically +inoperative or wrecked motor vehicle for a continuous period in excess of 60 +days. +            (iii)   This use must have a visual screen of at least six feet in +height which consists of solid masonry, concrete, brick, stucco, stone, or +wood. +            (iv)   Access through required screening may be provided only by a +solid gate equaling the height of the screening. The gate must be located at +least 20 feet from the back of the existing street curb, and must remain closed +except when in actual use. +            (v)   No stacking, crushing, dismantling, or repair of vehicles is +permitted. +            (vi)   A landscape plan must be submitted to the building official +with any application for a building permit in connection with the creation or +expansion of this use. The point values and standards contained in Section +51A-10.107 of this chapter apply to the building official’s review of the +landscape plan required for this use. The landscape plan must show at least 20 +points of landscaping located between the required screening and the perimeter +of the lot. The requirements contained in +Article X of this chapter related to acceptable landscape materials, soil +requirements, protection of landscape areas, irrigation requirements, +completion, and maintenance apply to this use. +            (vii)   A minimum distance of 500 feet is required between this use +and a single family, duplex, townhouse, clustered housing, multifamily, or +manufactured home district. +            (viii)   This use must comply with all applicable licensing +requirements. +            (ix)   Paving surface requirements may be provided in an ordinance +granting or amending a specific use permit or a planned development district. +Otherwise, the paving surface requirements contained in Subsection +51A-4.301(d)(3.1) apply. +      (15)   Warehouse. +         (A)   Definition: A facility for the inside storage and distribution +of items. +         (B)   Districts permitted: By right in CS, industrial, and central +area districts. RAR required in CS and industrial districts. +         (C)   Required off-street parking: One space per 1,000 square feet of +floor area up to 20,000 square feet, and one space per 4,000 square feet of +floor area over 20,000 square feet. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Retail sales are permitted as part of the warehouse use if +the sales are conducted in compliance with the following subparagraphs: +               (aa)   Up to 100 percent of the total warehouse floor area may +be devoted to retail sales activities during an occasional warehouse sale. No +more than six occasional warehouse sales may be conducted during any 12 month +period. Each occasional warehouse sale must be limited in duration to no more +than three consecutive calendar days. +               (bb)   Retail sales are permitted at all times as part of the +warehouse use when the retail sales area does not exceed 10 percent of the +total warehouse floor area. (Ord. Nos. 19455; 19786; 20363; 20380; 20493; +20806; 20928; 20950; 21001; 21289; 21663; 21697; 24792; 27314; 28803; 29208; +29917; 30890) +SECS. 51A-4.214 THRU 51A-4.216.   RESERVED. +(Ord. 19455) +SEC. 51A-4.217.   ACCESSORY USES. +   (a)   General provisions. +      (1)   An accessory use must be a use customarily incidental to a main +use. A use listed in Sections +51A-4.201 through 51A-4.216 may be an accessory use if the building official +determines that the use is customarily incidental to a main use and otherwise +complies with this section. Except as otherwise provided in this article, an +accessory use must comply with all regulations applicable to the main use. +      (2)   Except as otherwise provided in this article, an accessory use must +be located on the same lot as the main use. +      (3)   Except as otherwise provided in this article, accessory uses listed +in Subsection (b) or in Sections +51A-4.201 through 51A-5.216 are subject to the following area restrictions: If +the use is conducted outside, it may not occupy more than five percent of the +area of the lot containing the main use. If the use is conducted inside, it may +not occupy more than five percent of the floor area of the main use. Any use +which exceeds these area restrictions is considered to be a separate main use. +      (4)   Except as otherwise provided in Subsection (b), an accessory use is +permitted in any district in which the main use is permitted. +      (5)   Except as provided in this paragraph, an alcohol related +establishment that is customarily incidental to a main use, such as an alcohol +related establishment within a hotel, restaurant, or general merchandise store, +is not limited to the five percent area restriction in Section +51A-4.217(a)(3), and will be considered as part of the main use when +determining the gross revenue derived by the establishment from the sale of +alcoholic beverages for on-premise consumption. Accessory microbrewery, micro- +distillery, or winery uses and accessory alcoholic beverage manufacturing uses +may not occupy more than 40 percent of the total floor area of the main use. +Any use that exceeds these area restrictions is considered a separate main use. +   (b)   Specific accessory uses. The following accessory uses are subject to +the general provisions in Subsection (a) and the regulations and restrictions +outlined below: +      (1)   Accessory community center (private). +         (A)   Definition: An integral part of a residential project or +community unit development that is under the management and unified control of +the operators of the project or development, and that is used by the residents +of the project or development for a place of meeting, recreation, or social +activity. +         (B)   District restrictions: +            (i)   This accessory use is not permitted in A(A), office, retail, +CS, industrial, multiple commercial, and P(A) districts. +            (ii)   An SUP is required for this accessory use in single family, +duplex, townhouse, CH, and urban corridor districts. +         (C)   Required off-street parking: +            (i)   Except as provided in this subparagraph, one space for each +100 square feet of floor area. +            (ii)   No off-street parking is required if this use is accessory +to a multifamily use and is used primarily by residents. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A private community center may not be operated as a place of +public meetings or as a business. +            (ii)   The operation of a private community center must not create +noise, odor or similar conditions beyond the property line of the project or +development site. +            (iii)   A liquor permit may not be issued for a private community +center. +            (iv)   This accessory use need not be located on the same lot as +the main use. +            (v)   The area restrictions in Subsection (a)(3) do not apply to +this use. +      (1.1)   Accessory electric vehicle charging station. +         (A)   Definition: A facility that provides electrical charging for +vehicles. +         (B)   District restrictions: Residential and nonresidential districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Up to 10 percent of parking counted as required parking for a +main use on the property may be electric vehicle charging spaces. +            (ii)   If this accessory use is located in a residential district, +it may not have a sign advertising its services. +            (iii)   A charging cord may not cross over a sidewalk or pedestrian +walkway. +      (2)   Accessory game court (private). +         (A)   Definition: A game court for engaging in tennis, handball, +racquetball, or similar physical activities. +         (B)   District restrictions: This accessory use is not permitted in +the P(A) district. +         (C)   Required off-street parking: Three spaces for each game court. +No off-street parking is required for a game court accessory to a single family +or duplex use. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This accessory use may occupy up to 50 percent of the area of +the lot containing the main use. +      (3)   Accessory helistop. +         (A)   Definition: A landing pad for occasional use by rotary wing +aircraft. +         (B)   District restrictions: +            (i)   This accessory use is not permitted in single family, duplex, +townhouse, CH, MH(A), NO(A), LO(A), NS(A), P(A), and urban corridor districts. +            (ii)   An SUP is required for this accessory use in A(A), +multifamily, MO(A), CR, RR, CS, LI, central area, MU-1, MU-1(SAH), MU-2, MU–2 +(SAH), and multiple commercial districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Regularly scheduled stops are not permitted under this +accessory use. +            (ii)   Fueling or servicing facilities are not permitted under this +accessory use. +            (iii)   This accessory use must be approved by the city aviation +department. +            (iv)   This accessory use is subject to the Federal Aviation +Administration’s rules, regulations, and approval. +      (3.1)   Accessory medical/infectious waste incinerator. +         (A)   Definition: A facility used to incinerate plastics, special +waste, and waste containing pathogens or biologically active material which, +because of its type, concentration, and quantity, is capable of transmitting +disease to persons exposed to the waste. +         (B)   District restrictions: +            (i)   This accessory use is not permitted in single family, duplex, +townhouse, CH, MH(A), NO(A), LO(A), NS(A), P(A), and urban corridor districts. +            (ii)   An SUP is required for this facility if it is used to +incinerate more than 225 pounds of waste per hour. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This accessory use is permitted only in conjunction with a +hospital use. +            (ii)   The facility must be located at least 200 feet from all lots +containing residential uses. +            (iii)   If the facility is used to incinerate more than 225 pounds +of waste per hour, it must be located at least 200 feet from all lots +containing public or private school uses. +      (4)   Accessory outside display of merchandise. +         (A)   Definition: The outside placement of merchandise for sale for a +continuous period less than 24 hours. +         (B)   District restrictions: This accessory use is not permitted in +residential, NO(A), LO(A), and MO(A) districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Except as otherwise provided in the use regulations, the area +used for accessory outside display of merchandise may not be greater than an +area equal to five percent of the floor area of the main use. This regulation +controls over the area restrictions in Subsection +51A-4.217(a)(3). +         (F)   As with all other uses, an accessory outside display may not +obstruct required parking and may not be placed in the public right-of-way +without a license. +      (5)   Accessory outside sales. +         (A)   Definition: A site for the outside sale of merchandise. +         (B)   District restrictions: This accessory use is not permitted in +residential, NO(A), LO(A), MO(A), and P(A) districts. +         (C)   Required off-street parking: None for the first 1,000 square +feet of sales area; one space for each additional 500 square feet of sales +area. +         (D)   Required off-street loading: None. +      (6)   Accessory outside storage. +         (A)   Definitions: +            (i)   ACCESSORY OUTSIDE STORAGE means the outside placement of an +item for a continuous period in excess of 24 hours. Outside placement includes +storage in a structure that is open or not entirely enclosed. +            (ii)   BOOK EXCHANGE STRUCTURE means an enclosed structure that +holds books or other literary materials to be shared or exchanged in a +pedestrian accessible location constructed and maintained by the owner of the +property. +         (B)   District restrictions: This accessory use is not permitted in +the P(A) district. +         (C)   Required off street parking: None. +         (D)   Required off street loading: None. +         (E)   Additional provisions: +            (i)   A person shall not place, store, or maintain outside, for a +continuous period in excess of 24 hours, an item which is not: +               (aa)   customarily used or stored outside; or +               (bb)   made of a material that is resistant to damage or +deterioration from exposure to the outside environment. +            (ii)   For purposes of this subsection, an item located on a porch +of a building is considered to be outside if the porch is not enclosed. +            (iii)   Except as otherwise provided in this subsection, accessory +outside storage is not permitted in the primary yard or on a front porch of a +residential building. In this subsection, "primary yard" means the portion of a +lot or tract which abuts a street and extends across the width of the lot or +tract between the street and the main building. +            (iv)   It is a defense to prosecution under Subsection (E)(iii) +that the item is: +               (aa)   an operable motor vehicle with valid state registration +parked on a surface that meets the standards for parking surfaces contained in +the off-street parking regulations of this chapter, except that this defense is +not available if the vehicle is a truck tractor, truck, bus, or recreational +vehicle and it has a rated capacity in excess of one and one-half tons +according to the manufacturer's classification, or if the vehicle is over 32 +feet in length; +               (bb)   a boat, trailer, or recreational vehicle parked on a +surface that meets the standards for parking surfaces contained in the off- +street parking regulations of this chapter, and the item cannot reasonably be +placed in an area behind the primary yard; +               (cc)   landscaping, or an ornamental structure, including, but +not limited to a birdbath, plant container, or statuette, placed in the primary +yard or on the front porch for landscaping purposes; +               (dd)   lawn furniture or a book exchange structure made of a +material that is resistant to damage or deterioration from exposure to the +outside environment; +               (ee)   located on a front porch and not visible from the street; +or +               (ff)   a vehicle displaying a registration insignia or +identification card issued by the state to a permanently or temporarily +disabled person for purposes of Section 681.006 of the Texas Transportation +Code. +            (v)   A person shall not use more than five percent of the lot area +of a premise for accessory outside storage. The area occupied by an operable +motor vehicle with valid state registration is not counted when calculating the +area occupied by accessory outside storage. Except as otherwise provided in +this article, outside storage is considered to be a separate main use if it +occupies more than five percent of the lot. +            (vi)   The board may grant a special exception to the additional +provisions of this subsection relating to accessory outside storage in the +primary yard or on a front porch of a residential building when, in the opinion +of the board, the special exception will not adversely affect neighboring +property. +      (6.1)   Accessory pathological waste incinerator. +         (A)   Definition: A facility used to incinerate organic human or +animal waste, including: +            (i)   Human materials removed during surgery, labor and delivery, +autopsy, or biopsy, including body parts, tissues or fetuses, organs, and bulk +blood and body fluids. +            (ii)   Products of spontaneous human abortions, regardless of the +period of gestation, including body parts, tissue, fetuses, organs, and bulk +blood and body fluids. +            (iii)   Anatomical remains. +            (iv)   Bodies for cremation. +         (B)   District restrictions: This accessory use is not permitted in +office, NS(A), industrial, P(A), and urban corridor districts. This accessory +use is permitted in residential districts only in conjunction with a public +park containing a zoo and aquarium. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This accessory use is permitted only in conjunction with a +mortuary or funeral home; or a public park containing a zoo and aquarium owned +or operated by a public agency, available to the general public year-round, and +having a collection of at least 5,000 specimens. +            (ii)   This accessory use must be located at least 200 feet from +all lots containing residential uses. +            (iii)   When this accessory use is operated in conjunction with a +public park containing a zoo and aquarium, no more than one incinerator is +permitted, and the incinerator may not burn more than 200 pounds per hour. +      (7)   Amateur communication tower. +         (A)   Definition: A tower with an antenna that transmits amateur +radio, citizen band, or both spectrums, or that receives any portion of a radio +spectrum. +         (B)   District restrictions: +            (i)   This accessory use is not permitted in NO(A), NS(A), and P(A) +districts. +            (ii)   An SUP is required for this accessory use in MF-3(A) and MF- +4(A) districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   In all districts where this accessory use is permitted except +MF-3(A) and MF-4(A) districts, a person may erect one amateur communication +tower that exceeds the maximum height specified in Section +51A-4.408 if the amateur communication tower: +               (aa)   does not exceed 60 feet in height; +               (bb)   is setback an additional 12 inches from the required +front, side, and rear yards for each additional eighteen inches of height above +the maximum height specified in Section +51A-4.408; +               (cc)   has a maximum horizontal cross-sectional area of three +square feet; +               (dd)   has no more than two antennae above the maximum height +specified in Section +51A-4.408 with a maximum volume of 900 cubic feet for a single antenna and 1400 +cubic feet for two antennae. In this provision, antenna volume is the space +within an imaginary rectangular prism which contains all extremities of the +antenna; +               (ee)   does not encroach into the required front, side, or rear +yard. A guy wire and anchor point for a tower is prohibited in the required +front yard and is also prohibited in the required side and rear yards unless +the guy wire and anchor point is attached to the top of a structural support +that is no less than six feet in height. If a structural support for a guy wire +and anchor point is used, the structural support may project into the required +side and rear yards no more than two feet, measured from the setback line. In +this provision, a structural support for an anchor point is any pole, post, +strut, or other fixture or framework necessary to hold and secure an anchor +point or within three feet of the side or rear property line. If an alley abuts +a rear property line, a guy wire and anchor point may extend to the rear +property line; and +               (ff)   has a minimum space between antennae above the maximum +height specified in Section +51A-4.408 of eight feet or more as measured vertically between the highest +point of the lower antenna and the lowest point of the higher antenna. +            (ii)   The board of adjustment may allow a special exception from +the requirements of Subsection (E)(i) with the exception of Subsection (E)(i) +(aa), if the board finds that the special exception would not adversely affect +neighboring property and would be in harmony with the general purpose and +intent of this section. +            (iii)   In all residential districts where this accessory use is +permitted except MF-3(A) and MF-4(A) districts, a person may erect an amateur +communication tower over 60 feet and not above 100 feet in height if authorized +by a specific use permit. +            (iv)   This accessory use may occupy up to 25 percent of the area +of the lot containing the main use. +            (v)   This accessory use is prohibited in all residential districts +in the area between the street and the facade of any main or accessory +structure. (This area includes, but may be greater than, the front yard.) +            (vi)   The owner or operator of an amateur communication tower +shall remove the tower within six months of the date that the tower ceased to +operate as an amateur radio, citizen band, or radio spectrum authorized by the +Federal Communications Commission. Upon failure of the owner or operator to +remove the tower within the prescribed period, the building official shall +notify the city attorney to pursue enforcement remedies against that owner or +operator for failure to remove the tower. +      (7.1)   Day home. +         (A)   Definition: A facility that provides care or supervision for +“day home attendees,” whether or not the facility is operated for profit or +charges for the services it offers. For the purposes of this paragraph, “day +home attendees” means persons under 14 years of age, including those related to +the owner of the residence or the head of the household by blood, marriage, or +adoption. A day home is incidental to the primary use of the premises as a +residence and conducted on the premises by a resident of the premises who is on +the premises during hours of operation. +         (B)   Districts restrictions: This accessory use is not permitted in P +(A) and urban corridor districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   No more than 10 day home attendees are permitted at any time +in the operation of this use. +            (ii)   A person who conducts a day home use shall not: +               (aa)   use an advertisement, sign, or display on or off the +premises; +               (bb)   advertise in the yellow pages of the telephone directory; +               (cc)   employ more than two persons on the premises, other than +the residents of the premises; +               (dd)   conduct outdoor activities between the hours of 10 p.m. +and 7 a.m.; +               (ee)   conduct outdoor activities unless the activities are +screened from the neighboring property by a fence at least four feet in height; +               (ff)   generate loud and raucous noise that renders the +enjoyment of life or property uncomfortable or interferes with public peace and +comfort. +            (iii)   This use does not include individuals living together as a +single housekeeping unit in which not more than four individuals are unrelated +to the head of the household by blood, marriage, or adoption. +            (iv)   The area restrictions in Subsection (a)(3) do not apply to +this use. +            (v)   This use must comply with all applicable requirements imposed +by city ordinances, rules, and regulations, and by state law. +      (7.2)   General waste incinerator. +         (A)   Definition: A facility used to incinerate solid waste consisting +of combustible rubbish, refuse, and garbage. +         (B)   District restrictions: This accessory use is not permitted in +urban corridor districts. +         (C) �� Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This accessory use must be located at least 200 feet from all +lots containing residential uses. +      (8)   Home occupation. +         (A)   Definition: An occupation that is incidental to the primary use +of the premises as a residence and conducted on the residential premises by a +resident of the premises. +         (B)   District restrictions: This accessory use is not permitted in +the P(A) district. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A person who engages in a home occupation shall not: +               (aa)   use any advertisement, sign, or display relating to the +home occupation on the premises; +               (bb)   use the street address of the premises on any +advertisement, sign, or display off the premises; +               (cc)   employ more than one person on the premises, other than +residents of the premises; +               (dd)   have an employee, other than residents of the premises, +who works on the premises more than four hours in any given week; +               (ee)   conduct any activities relating to the home occupation, +including activities on any porch, deck, patio, garage, or unenclosed or +partially enclosed portion of any structure, unless conducted entirely inside +the main structure; +               (ff)   involve more than 3 people on the premises at one time, +other than residents of the premises; +               (gg)   generate loud and raucous noise that renders the +enjoyment of life or property uncomfortable or interferes with public peace and +comfort; +               (hh)   sell or offer products of the home occupation at or on +the premises; +               (ii)   generate vehicular traffic that unreasonably disrupts the +surrounding residents’ peaceful enjoyment of the neighborhood; or +               (jj)   generate parking congestion that unreasonably reduces the +availability of on-street parking spaces on surrounding streets. +            (ii)   A home occupation may not occupy more than 25 percent or 400 +square feet of the total floor area of the main structure, whichever is less. +This area restriction controls over the area restriction of Subsection (a)(3). +      (8.1)   Live unit. +         (A)   Definition: A dwelling unit accessory to any nonresidential use +allowed in that district. +         (B)   Districts restrictions: This accessory use is not permitted in A +(A), R-1ac(A), R-1/2ac(A), R-16(A), R-13(A), R-10(A), R-7.5(A), R-5(A), D(A), +TH-1(A), TH-2(A), TH-3(A), CH, MF-1(A), MF-2(A), MH(A), CA-1(A), CA-2(A), MU-1, +P(A), CS, and IM districts. +         (C)   Required off-street parking: One additional space is required +for the accessory use in excess of the required off-street parking for the +floor area of the nonresidential use. +         (D)   Required off-street loading: None. +         (E)   Floor area: Except as otherwise provided in the use regulations, +the maximum floor area for the dwelling unit shall not exceed the total square +feet of the main use. This floor area restriction controls over the floor area +restrictions in Section 51A-4.217(a)(3). +         (F)   Additional provisions: +            (i)   Units cannot be sold separately by metes and bounds. +            (ii)   One live unit allowed per lot. +            (iii)   Live unit can be attached or detached from the +nonresidential use. +            (iv)   Rented live units must be registered with the city's single +family rental program. +      (9)   Occasional sales (garage sales). +         (A)   Definition: The sale of tangible personal property at retail by +a person who is not in the business or does not hold himself or herself out to +be in the business of selling tangible personal property at retail. +         (B)   District restrictions: This accessory use is not permitted in +the P(A) district. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A person shall sell tangible personal property only on the +premises of the owner or lessee of the premises where the sale is conducted, +and the owner or lessee must be the legal owner of the tangible personal +property at the time of the sale. +            (ii)   The sale must be inside the building or garage, or on an +approved surface as described in Section +51A-4.301(d)(4). +            (iii)   A person shall not sell, offer, or advertise for sale +merchandise made, produced, or acquired solely for the purpose of resale at an +occasional sale. +            (iv)   A person shall not conduct an occasional sale for a duration +of more than three consecutive calendar days. +            (v)   A person shall not conduct more than two occasional sales at +a premises during any 12 month period. +            (vi)   A person shall not place more than one sign, not to exceed +two square feet in effective area, upon the lot where the sale is taking place. +Up to five signs, not to exceed two square feet in effective area each, are +permitted at locations remote from the sale property with the permission of the +owner of the remote location. Signs advertising an occasional sale are not +permitted in medians or on trees or light poles. All signs advertising an +occasional sale must be removed within 24 hours after expiration of the permit +issued under Section +51A-1.105(x). +            (vii)   The area restrictions in Subsection (a)(3) do not apply to +this use. +            (viii)   Any advertisement of an occasional sale or of an item +being offered for sale at an occasional sale must contain the street address at +which the sale will occur and the date(s) on which the sale will occur. +            (ix)   A person commits an offense if he operates an occasional +sale without a valid permit under Section +51A-1.105(x). +      (10)   Private stable. +         (A)   Definition: An area for the keeping of horses for the private +use of the property owner. +         (B)   District restrictions: This accessory use is not permitted in +office, retail, CS, industrial, mixed use, multiple commercial, central area, P +(A), and urban corridor districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A private stable is permitted only on a lot that has at least +15,000 square feet and a person may keep only the number of horses permitted +for the lot area as described in the following chart: +  +LOT AREA NUMBER OF HORSES +At least 15,000 sq. ft. but less than one-half acre 1 +At least one-half acre but less than one acre 2 +At least one acre but less than two acres 3 +At least one-half acre per horse 4 or more +  +            (ii)   A private stable must include a pen or corral containing at +least 800 square feet for each animal with a stable under a roof containing at +least 100 square feet for each animal. +            (iii)   A stable must have proper drainage so as not to create +offensive odors, fly breeding, or other nuisances. +            (iv)   A pen, corral, fences, or similar enclosures may not be +closer than 20 feet to an adjacent property line. The widths of alleys, street +rights-of-way, or other public rights-of-way may be used in establishing the 20 +feet distance to the adjacent property line. +            (v)   Fences for pens, corrals, or similar enclosures must be of a +sufficient height and strength to retain the horses. +            (vi)   The area restrictions in Subsection (a)(3) do not apply to +this use. +      (11)   Swimming pool (private). +         (A)   Definition: A swimming pool constructed for the exclusive use of +the residents of a residential use. +         (B)   District restrictions: This accessory use is not permitted in +the P(A) district. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   No private swimming pool may be operated as a business, +except that private swimming lessons may be given under the home occupation +use. +            (ii)   No private swimming pool may be maintained in such a manner +as to be hazardous or obnoxious to adjacent property owners. +            (iii)   No private swimming pool may be constructed in the required +front yard. However, a private swimming pool may be located within the required +side or rear yard if it meets the requirements of Section +51A-4.217(a). +            (iv)   A private swimming pool must be surrounded by a fence. +            (v)   The area restrictions in Subsection (a)(3) do not apply to +this use. +      (11.1)   Temporary inclement weather shelter. +         (A)   Definition: A facility that offers shelter during times of +inclement weather in compliance with Chapter 45. +         (B)   District restrictions: This accessory use is not permitted in +the P(A) district. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This use must comply with the regulations in +Chapter 45. +            (ii)   This use may only operate in conjunction with a valid +certificate of occupancy for a permitted main use. This use is not allowed in +conjunction with single family, duplex, townhouse, or handicapped group +dwelling unit. +            (iii)   Except at the Kay Bailey Hutchison Convention Center and +other city-owned facilities, this accessory use may not operate within 0.5 mile +of the central business district. +            (iv)   The area restrictions in Subsection (a)(3) do not apply to +this use. +      (12)   Pedestrian skybridges. +         (A)   Definition: Use of a structure constructed above grade primarily +to allow pedestrians to cross a city right-of-way. A pedestrian skybridge use +does not include use of a structure constructed primarily for automobiles. +         (B)   Purpose. The purpose of this section is to promote the health, +safety, and general welfare of persons and property within the city by +providing for the structural integrity of pedestrian skybridges over public +right-of-ways; preventing visual obstruction of public right-of-ways and urban +landscapes; facilitating the flow of traffic; encouraging use of public +skybridges by pedestrians through well designed additions to the existing +pedestrian system; minimizing the negative impact of pedestrian skybridges on +adjoining properties, communication and utility company facilities, and public +street lighting and safety facilities; and establishing standards for +construction and maintenance of pedestrian skybridges. +         (C)   Districts permitted. A pedestrian skybridge is permitted in any +district by SUP. An SUP is required for pedestrian skybridges in planned +development (PD) districts. A license or abandonment from the city of Dallas is +also required to cross a city right-of-way. Provisions concerning licenses for +use of the public right-of-way are contained in +Chapter 43, “Streets and Sidewalks,” of the Dallas City Code. Provisions +concerning abandonment of the public right-of-way are contained in +Chapter 2, “Administration,” of the Dallas City Code. +         (D)   Application. An application for an SUP for a pedestrian +skybridge must contain a statement outlining the need for the pedestrian +skybridge and how the pedestrian skybridge will enhance the welfare of the area +of request and adjacent properties. +         (E)   Specific use permit procedure. The provisions concerning +specific use permits contained in Section +51A-4.219 apply except as modified by this subsection. +            (i)   Notification. The director shall send written notice of a +public hearing on an application for an SUP for a pedestrian skybridge to all +owners of real property lying within 750 feet of the properties on which the +skybridge will be located. +            (ii)   Protest. For purposes of the protest provisions, the area of +request is the properties on which the skybridge will be located. +            (iii)   Residential adjacency. An SUP for a pedestrian skybridge +must be approved by the affirmative vote of three-fourths of all members of the +city council if the pedestrian skybridge is within 750 feet of a residential +zoning district or planned development district that allows residential uses or +is sited within a planned development district that is adjacent to residential +districts. +            (iv)   Term. The term of an SUP for a pedestrian skybridge must +coincide with the term of any related license. +         (F)   Mandatory pedestrian skybridge standards. Additional provisions +concerning construction of pedestrian walkways are contained in Chapter 53, +"Dallas Building Code," of the Dallas City Code. Pedestrian skybridges must be +constructed and maintained in accordance with the following regulations: +            (i)   Pedestrian skybridges must be properly maintained at all +times. If a pedestrian skybridge connects two buildings which are separately +owned, an operating agreement assigning maintenance and liability +responsibilities is required. +            (ii)   No more than one pedestrian skybridge may be located within +any blockface or 700 feet of frontage, whichever is less. +            (iii)   Pedestrian skybridges must have clearance above the public +right-of-way of at least 18 feet above grade. +            (iv)   If the pedestrian skybridge has a length of less than 150 +feet, the interior passageway must be no less than 10 feet and no greater than +20 feet in width. If the pedestrian skybridge has a length equal to or greater +than 150 feet, the interior passageway must be no less than 12 feet and no +greater than 20 feet in width. +            (v)   The interior height of the passageway must be at least 7 1/ +2 feet. The interior height at the springline of vaulted ceilings must be at +least 7 1/2 feet. +            (vi)   Supports may be located within the public right-of-way if +the placement of the support structure does not impede pedestrian traffic and +maintains minimum sidewalk clearance widths required in the zoning district and +in conformance with the Americans with Disabilities Act, 42 U.S.C. Chapter 126. +            (vii)   A sign must be posted within the adjoining structures +indicating whether the skybridge is open to the public, the location of the +pedestrian skybridge, and where the pedestrian skybridge leads. +            (viii)   Pedestrian skybridges must meet state and federal +standards for accessibility to and usability by individuals with disabilities. +            (ix)   Pedestrian skybridges connected to structures with air +conditioning must be enclosed and air conditioned. +            (x)   Any change in slope of the pedestrian skybridge greater than +one percent must be over private property or concealed within the pedestrian +skybridge. +            (xi)   Pedestrian skybridges must not diverge from a perpendicular +angle to the right-of-way by more than 30 degrees. +            (xii)   Reserved. +            (xiii)   Minimum artificial lighting of 15 foot candles must be +provided. Lighting must not produce glare of an intensity that creates a +nuisance for motor vehicles or pedestrians. +            (xiv)   No exterior signs, other than government signs, may be +applied to or suspended from any pedestrian skybridge. +            (xv)   Pedestrian skybridges must not be located within 300 feet of +an historic overlay district. +            (xvi)   Pedestrian skybridges must be designed to prevent people +from jumping or throwing objects from the pedestrian skybridge. +            (xvii)   Structural materials must be durable and easily +maintained. Construction must comply with the City of Dallas Building and Fire +Codes. +            (xviii)   Pedestrian skybridges must not interfere with or impair +use of the right-of-way by existing or proposed communication and utility +facilities. +            (xix)   The applicant must post bond for the estimated cost to the +city to remove the pedestrian skybridge if it becomes a public nuisance. +            (xx)   Skybridges may be placed in the required front, side, or +rear yard. +         (G)   Recommended pedestrian skybridge standards. Pedestrian +skybridges are recommended to be constructed and maintained in accordance with +the following guidelines: +            (i)   Pedestrian skybridges which are open to the public should +penetrate the second story of the adjoining structures, or, if not possible, as +close as possible to the street level. +            (ii)   Pedestrian skybridges should penetrate the adjoining +structures as closely as possible to escalators or elevators having access to +the entire structure and the street. +            (iii)    Free-standing pedestrian skybridges and pedestrian +skybridges connected to structures without air conditioning should have a roof, +wind breaks, and adequate ventilation that maximize the comfort and safety of +pedestrians. A pedestrian skybridge should be open only when the adjoining +structures are open. +            (iv)   If the length of the pedestrian skybridge exceeds 250 feet, +the passageway should be interrupted by interior visual breaks, such as turns, +courts, or plazas. +            (v)   Primary lighting sources should be recessed and indirect. +Accent lighting is encouraged. Natural lighting should be used in addition to +artificial lighting. +            (vi)   The pedestrian skybridge should be designed so as to +coordinate with the adjoining structures to the extent possible. Where +coordination is not possible, the pedestrian skybridge should be of a neutral +color, such as brown or grey. +            (vii)   At least 70 percent of the side walls should be open, or +glass or transparent material with a light transmission of not less than 36 +percent and a luminous reflectance of not more than six percent. "Light +transmission" means the ratio of the amount of total light to pass through the +material to the amount of total light falling on the material and any glazing. +"Luminous reflectance" means the ratio of the amount of total light that is +reflected outward by a material to the amount of total light falling on the +material. +         (H)   Waiver. The city council may, by a three-fourths vote, grant a +waiver to the pedestrian skybridge standards contained in this paragraph if the +council finds that: +            (i)   strict compliance with the requirements will unreasonably +burden the use of either of the properties; +            (ii)   the waiver will not adversely affect neighboring property; +            (iii)   the waiver will not be contrary to the public interest; and +            (iv)   the waiver will not be contrary to the public health, +safety, or welfare. +         (I)   Compliance regulations. Pedestrian skybridge uses are not +subject to the compliance regulations contained in Section +51A-4.704. (Ord. Nos. 19455; 19786; 20411; 20478; 20845; 21001; 21002; 21289; +21454; 21663; 21735; 22004; 22204; 22392; 23012; 23031; 23258; 24205; 24718; +24843; 24899; 24915; 26334; 26746; 28021; 28700; 28737; 28803; 29024; 30257; +30894; 31041; 31607; 31705) +SEC. 51A-4.218.   LIMITED USES. +   (a)   A limited use must be contained entirely within a building and be +primarily for the service of the occupants of the building. +   (b)   A limited use may not have a floor area that in combination with the +floor areas of other limited uses in the building exceeds 10 percent of the +floor area of the building. +   (c)   A limited use must: +      (1)   have no exterior public entrance except through the general +building entrances; and +      (2)   have no exterior advertising signs on the same lot. (Ord. 19455) +SEC. 51A-4.219.   SPECIFIC USE PERMIT (SUP). +   (a)   General provisions. +      (1)   The SUP provides a means for developing certain uses in a manner in +which the specific use will be compatible with adjacent property and consistent +with the character of the neighborhood. +      (2)   The use regulations for each use in Division +51A-4.200 state whether an SUP is required for a use to be permitted in a +zoning district. The SUP requirement for a use in a district does not +constitute an authorization or an assurance that the use will be permitted. +Each SUP application must be evaluated as to its probable effect on the +adjacent property and the community welfare and may be approved or denied as +the findings indicate appropriate. Each SUP must be granted by the city council +by separate ordinance. +      (3)   The city council shall not grant an SUP for a use except upon a +finding that the use will: +         (A)   complement or be compatible with the surrounding uses and +community facilities; +         (B)   contribute to, enhance, or promote the welfare of the area of +request and adjacent properties; +         (C)   not be detrimental to the public health, safety, or general +welfare; and +         (D)   conform in all other respects to all zoning regulations and +standards. +      (4)   The granting of an SUP has no effect on the uses permitted as of +right and does not waive the regulations of the underlying zoning district. +      (5)   The city council may impose reasonable conditions upon the granting +of an SUP consistent with the purposes stated in this chapter. +      (6)   The applicant shall post the SUP ordinance in a conspicuous place +on the property, except where a use has no interior building space (for +example, a private street or alley use). The applicant shall post the SUP +ordinance by June 1, 2006. +   (b)   Specific use permit procedure. +      (1)   An applicant for an SUP shall comply with the zoning amendment +procedure for a change in zoning district classification. Each SUP ordinance is +incorporated by reference into this chapter. +      (2)   At the time of applying for an SUP, the applicant shall submit: +         (A)   a site plan that includes: +            (i)   the dimensions, bearings, and street frontage of the +property; +            (ii)   the location of buildings, structures, and uses; +            (iii)   the method of ingress and egress; +            (iv)   off-street parking and loading arrangements; +            (v)   screening, lighting, and landscaping, if appropriate; +            (vi)   the locations, calipers, and names (both common and +scientific) of all trees near proposed construction activity (trees in close +proximity that all have a caliper of less than eight inches may be designated +as a “group of trees” with only the number noted); and +            (vii)   any other information the director determines necessary for +a complete review of the proposed development; and +         (B)   a traffic impact analysis if the director determines that the +analysis is necessary for a complete review of the impacts of the proposed +development. +      (3)   If the director determines that one or more of the items listed in +Paragraph (2) is not necessary to allow for a complete review of the proposed +development, he shall waive the requirement that the item(s) be provided. +      (4)   The minor amendment process allows flexibility as necessary to meet +the contingencies of development. Amendments that do not qualify as minor +amendments must be processed as a zoning amendment. The city plan commission +shall, after a public hearing, authorize minor changes in the site plan that +otherwise comply with the SUP ordinance and the underlying zoning and do not: +         (A)   alter the basic relationship of the proposed development to +adjacent property; +         (B)   increase the number of dwelling units shown on the original site +plan by more than 10 percent; +         (C)   increase the floor area shown on the original site plan by more +than five percent or 1,000 square feet, whichever is less; +         (D)   increase the height shown on the original site plan; +         (E)   decrease the number of off-street parking spaces shown on the +original site plan so as to create a traffic hazard or traffic congestion or +fail to provide adequate parking; or +         (F)   reduce setbacks at the boundary of the site as specified by a +building or setback line shown on the original site plan. +For purposes of this paragraph, “original site plan” means the earliest +approved site plan that is still in effect, and does not mean a later amended +site plan. For example, if a site plan was approved with the specific use +permit and then amended through the minor amendment process, the original site +plan would be the site plan approved with the specific use permit, not the site +plan as amended through the minor amendment process. If, however, the site plan +approved with the specific use permit was replaced through the zoning amendment +process, then the replacement site plan becomes the original site plan. The +purpose of this definition is to prevent the use of several sequential minor +amendments to circumvent the zoning amendment process. +An applicant or owner of real property within the notification area may appeal +the decision of the city plan commission to the city council. An appeal must be +requested in writing within 10 days after the decision of the city plan +commission. City council shall decide whether the city plan commission erred, +using the same standards that city plan commission used. Appeal to the city +council is the final administrative remedy available. +      (5)   Reserved. +      (6)   A time limit may be imposed as a condition upon the granting of an +SUP. If a time limit has been imposed, the SUP automatically terminates when +the time limit expires. Except as otherwise provided in Subsection (c), the +applicant shall go through the procedures outlined above in Paragraphs (1) and +(2) to renew an SUP. +      (7)   As a further condition to the granting of an SUP, the city council +may require the property owner to participate in cost-sharing for +infrastructure improvements that are in part necessitated by the proposed +development. In no case, however, shall the property owner be required to pay +for more than 50 percent of the cost of improvements located more than 250 feet +from the lot. +      (8)   The minor amendment process allows flexibility as necessary to meet +the contingencies of development. Amendments that do not qualify as minor +amendments must be processed as a zoning amendment. The city plan commission +shall, after a public hearing, authorize minor changes in the landscape plan +that otherwise comply with the SUP ordinance and the underlying zoning and do +not: +         (A)   reduce the perimeter landscape buffer strip shown on the +original landscape plan; +         (B)   detrimentally affect the original landscape plan’s aesthetic +function relative to adjacent right-of-way or surrounding property; or +         (C)   detrimentally affect the original landscape plan’s screening or +buffering function. +For purposes of this paragraph, “original landscape plan” means the earliest +approved landscape plan that is still in effect, and does not mean a later +amended landscape plan. For example, if a landscape plan was approved with the +specific use permit and then amended through the minor amendment process, the +original landscape plan would be the landscape plan approved with the specific +use permit, not the landscape plan as amended through the minor amendment +process. If, however, the landscape plan approved with the specific use permit +was replaced through the zoning amendment process, then the replacement +landscape plan becomes the original landscape plan. The purpose of this +definition is to prevent the use of several sequential minor amendments to +circumvent the zoning amendment process. +An applicant or owner of real property within the notification area may appeal +the decision of the city plan commission to the city council. An appeal must be +requested in writing within 10 days after the decision of the city plan +commission. City council shall decide whether the city plan commission erred, +using the same standards that city plan commission used. Appeal to the city +council is the final administrative remedy available. +   (c)   Automatic renewals. +      (1)   As part of an SUP ordinance or ordinance amendment, the city +council may declare that an SUP is eligible for automatic renewal pursuant to +this subsection. Automatic renewal is an alternative to the standard method of +renewing an SUP by amending the SUP ordinance. In order for automatic renewal +to occur, the property owner or his representative must file a complete +application for automatic renewal with the director after the 180th day but +before the 120th day before the expiration of the current SUP time period. If a +fee is required, the application is not considered “filed” until the fee is +paid. For more information regarding fees, see Section +51A-1.105. +      (2)   Automatic renewal does not result in an amendment to the SUP +ordinance. An applicant seeking to change the SUP conditions or to otherwise +amend the SUP ordinance must go through the procedures outlined in Subsection +(b). +      (3)   An application for automatic renewal must be filed with the +director on a form furnished by the city for that purpose. As part of the +application, the property owner or his representative shall state that all +existing SUP conditions have been complied with, and that no changes to the +conditions or other SUP ordinance provisions are being requested. +      (4)   Failure to timely file a complete application required under +Paragraph (1) renders the SUP ineligible for automatic renewal. The city +council may, however, reinstate an SUP’s eligibility for future automatic +renewals as part of a new SUP ordinance or ordinance amendment. +      (5)   Upon the filing of a complete application for automatic renewal, +the director shall send written notice to all owners of real property lying +within 200 feet of the area governed by the SUP. The notice must state that the +SUP is eligible for automatic renewal and may be automatically renewed without +further notice. +      (6)   If the owners of 20 percent or more of the land within 200 feet of +the area governed by the SUP file a written protest against the automatic +renewal in accordance with this paragraph, the director shall forward the +application to the city plan commission and city council for further action. +Written protests against an automatic renewal must be filed with the director +before 5:00 p.m. of the 21st calendar day after the date the notice is mailed. +A protest sent through the mail must be received by the director before the +deadline. If the deadline falls on a Saturday, Sunday, or official city +holiday, then the protests must be filed before noon of the following working +day. To the extent that they do not conflict with this subsection, the +provisions of Section +51A-4.701 governing written protests in zoning cases apply to protests filed +under this subsection. +      (7)   After the deadline for filing written protests has passed, the +director shall review the conditions of the SUP and determine whether the +conditions have been met. If the director determines that the conditions have +not been met, he shall forward the application to the city plan commission and +city council for further action. +      (8)   “Further action” as that term is used in Paragraphs (6) and (7) +means that the director shall schedule the application for public hearings +before both the city plan commission and the city council. Notice of the public +hearings must be given as would be required by law for a change in zoning +district classification. The city plan commission shall make a recommendation +to the city council regarding the proposed renewal based on staff reports, +field inspections, and the evidence presented at its public hearing. +      (9)   In connection with an application that has been forwarded to it by +the director pursuant to Paragraph (6) or (7), the city council may: +         (A)   pass an amending ordinance to repeal the SUP’s eligibility for +automatic renewal, or to supplement, remove, or amend any of the conditions or +other provisions in the SUP ordinance; or +         (B)   take no action and thereby allow the SUP to automatically renew +as a matter of law. +      (10)   No renewal or expiration of an SUP may occur while the application +is pending before the city plan commission or city council. If the application +is pending at the end of the current time period stated in the SUP ordinance, +the time period shall be extended as a matter of law until: +         (A)   the day following the next succeeding official agenda meeting of +the city council after the council makes its final decision on the application; +or +         (B)   if the council votes to pass an amending ordinance, until the +effective date of the amending ordinance. +      (11)   The renewal of an SUP eligible for automatic renewal occurs as a +matter of law at the end of the current time period as stated in the SUP +ordinance, or as extended pursuant to Paragraph (10). Unless otherwise +specified in the SUP ordinance, an automatic renewal is for the same time +period as the immediately preceding time period [excluding, if applicable, +extensions pursuant to Paragraph (10)]. +      (12)   An SUP that is automatically renewed pursuant to this subsection +may continue to be automatically renewed in perpetuity so long as the owner or +his representative continues to timely file the applications for automatic +renewal required under Paragraph (1). Failure to timely file this application +during any renewal period renders the SUP ineligible for further automatic +renewal. The city council may, however, reinstate the SUP’s eligibility for +future automatic renewals as part of a new SUP ordinance or ordinance +amendment. +      (13)   This subsection does not impair the ability of the city plan +commission or city council to call a public hearing on its own motion for the +purpose of passing an amending ordinance to repeal an SUP’s eligibility for +automatic renewal, or to supplement, remove, or amend any of the conditions or +other provisions in an SUP ordinance. (Ord. Nos. 19455; 20132; 20496; 22053; +23997; 26270; 26730) +SEC. 51A-4.220.   CLASSIFICATION OF NEW USES. +   (a)   Initiation. +      (1)   A person, the commission, or the city council may propose zoning +amendments to regulate new and previously unlisted uses. +      (2)   A person requesting the addition of a new use shall submit to the +director all information necessary for the classification of the use, +including, but not limited to: +         (A)   the nature of the use and whether the use involves dwelling +activity, sales, or processing; +         (B)   the type of product sold or produced under the use; +         (C)   whether the use has enclosed or open storage and the amount and +nature of the storage; +         (D)   anticipated employment; +         (E)   transportation requirements; +         (F)   the nature and time of occupancy and operation of the premises; +         (G)   the off-street parking and loading demands; +         (H)   the amount of noise, odor, fumes, dust, toxic material and +vibration likely to be generated; and +         (I)   the requirements for public utilities such as sanitary sewer and +water. +   (b)   Use regulations. New use regulations must contain the following +information: +      (1)   The definition of the use. +      (2)   The zoning districts within which the use is permitted. +      (3)   The required off-street parking. +      (4)   The required off-street loading. +      (5)   Any additional provisions reasonably necessary to regulate the use. +(Ord. 19455) +SEC. 51A-4.221.   SEXUALLY ORIENTED BUSINESSES. +   (a)   Purpose. All uses operated as sexually oriented businesses are subject +to the licensing and locational restrictions in +Chapter 41A. This section expressly classifies the sexually oriented businesses +defined in +Chapter 41A for zoning purposes. These classifications codify the existing +practices of the building official and should not be construed as changing the +locational restrictions in +Chapter 41A. +   (b)   Definitions. In this section: +      (1)   ADULT ARCADE means any place to which the public is permitted or +invited wherein coin-operated or slug-operated or electronically, electrically, +or mechanically controlled still or motion picture machines, projectors, or +other image-producing devices are maintained to show images to five or fewer +persons per machine at any one time, and where the images so displayed are +distinguished or characterized by the depicting or describing of “specified +sexual activities” or “specified anatomical areas.” +      (2)   ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial +establishment that as one of its principal business purposes offers for sale or +rental for any form of consideration any one or more of the following: +         (A)   books, magazines, periodicals or other printed matter, or +photographs, films, motion pictures, DVD’s, video cassettes or video +reproductions, slides, or other visual representations that depict or describe +“specified sexual activities” or “specified anatomical areas”; or +         (B)   instruments, devices, or paraphernalia that are designed for use +in connection with “specified sexual activities.” +      (3)   ADULT CABARET means a commercial establishment that regularly +features the offering to customers of adult cabaret entertainment. +      (4)   ADULT CABARET ENTERTAIN-MENT means live entertainment that: +         (A)   is intended to provide sexual stimulation or sexual +gratification; and +         (B)   is distinguished by or characterized by an emphasis on matter +depicting, simulating, describing, or relating to “specified anatomical areas” +or “specified sexual activities.” +      (5)   ADULT MOTEL means a hotel, motel, or similar commercial +establishment that: +         (A)   offers accommodations to the public for any form of +consideration; provides patrons with closed-circuit television transmissions, +films, motion pictures, video cassettes, slides, or other photographic +reproductions that are characterized by the depiction or description of +“specified sexual activities” or “specified anatomical areas”; and has a sign +(as defined in this section) visible from the public right-of-way that +advertises the availability of this adult type of photographic reproductions; +or +         (B)   offers a sleeping room for rent for a period of time that is +less than 10 hours; or +         (C)   allows a tenant or occupant of a sleeping room to subrent the +room for a period of time that is less than 10 hours. +      (6)   ADULT MOTION PICTURE THEATER means a commercial establishment +where, for any form of consideration, films, motion pictures, video cassettes, +slides, or similar photographic reproductions are regularly shown that are +characterized by the depiction or description of “specified sexual activities” +or “specified anatomical areas.” +      (7)   ESCORT means a person who, for consideration, agrees or offers to +act as a companion, guide, or date for another person, or who agrees or offers +to privately model lingerie or to privately perform a striptease for another +person. +      (8)   ESCORT AGENCY means a person or business association that +furnishes, offers to furnish, or advertises to furnish escorts as one of its +primary business purposes, for a fee, tip, or other consideration. +      (9)   NUDE MODEL STUDIO means any place where a person who appears in a +state of nudity or displays “specified anatomical areas” is provided to be +observed, sketched, drawn, painted, sculptured, photographed, or similarly +depicted by other persons who pay money or any form of consideration. +      (10)   NUDITY or a STATE OF NUDITY means: +         (A)   the appearance of a human bare buttock, anus, male genitals, +female genitals, or female breast; or +         (B)   a state of dress that fails to completely and opaquely cover a +human buttock, anus, male genitals, female genitals, or any part of the female +breast or breasts that is situated below a point immediately above the top of +the areola. +      (11)   SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore +or adult video store, adult cabaret, adult motel, adult motion picture theater, +escort agency, or nude model studio, or other commercial enterprise the primary +business of which is the offering of a service or the selling, renting, or +exhibiting of devices or any other items intended to provide sexual stimulation +or sexual gratification to the customer. +      (12)   SIGN means any display, design, pictorial, or other representation +that is: +         (A)   constructed, placed, attached, painted, erected, fastened, or +manufactured in any manner whatsoever so that it is visible from the outside of +a sexually oriented business; and +         (B)   used to seek the attraction of the public to any goods, +services, or merchandise available at the sexually oriented business. The term +“sign” also includes any representation painted on or otherwise affixed to any +exterior portion of a sexually oriented business establishment or to any part +of the tract upon which the establishment is situated. +      (13)   SPECIFIED ANATOMICAL AREAS means: +         (A)   any of the following, or any combination of the following, when +less than completely and opaquely covered: +            (i)   any human genitals, pubic region, or pubic hair; +            (ii)   any buttock; or +            (iii)   any portion of the female breast or breasts that is +situated below a point immediately above the top of the areola; or +         (B)   human male genitals in a discernibly erect state, even if +completely and opaquely covered. +      (14)   SPECIFIED SEXUAL ACTIVITIES means and includes any of the +following: +         (A)   the fondling or other erotic touching of human genitals, pubic +region, buttocks, anus, or female breasts; +         (B)   sex acts, normal or perverted, actual or simulated, including +intercourse, oral copulation, or sodomy; +         (C)   masturbation, actual or simulated; or +         (D)   excretory functions as part of or in connection with any of the +activities set forth in Subparagraphs (A) through (C) of this paragraph. +   (c)   Zoning classification of sexually oriented businesses. The different +types of sexually oriented businesses defined above are classified as follows +for zoning purposes: +SEXUALLY ORIENTED CHAPTER 51, ARTICLE CHAPTER 51A, ARTICLE CHAPTER 51A, ARTICLE +BUSINESS IV, ZONING IV, ZONING XIII, ZONING + CLASSIFICATION CLASSIFICATION CLASSIFICATION + CHAPTER 51, ARTICLE CHAPTER 51A, CHAPTER 51A, +SEXUALLY ORIENTED IV, ZONING ARTICLE IV, ZONING ARTICLE XIII, +BUSINESS CLASSIFICATION CLASSIFICATION ZONING + CLASSIFICATION + Inside commercial Commercial Commercial + amusement amusement (inside) amusement (inside) +Adult arcade See Section 51- See Section See Section + 4.208. 51A-4.210. 51A-13.306(d)(6) + (A). + Retail stores other General merchandise Retail sales +Adult bookstores or than listed or food store See Section +adult video stores See Section 51- See Section 51A-13.306(d)(5) + 4.211. 51A-4.210. (C). + Inside commercial Commercial Commercial + amusement amusement (inside) amusement (inside) +Adult cabaret See Section 51- See Section See Section + 4.208. 51A-4.210. 51A-13.306(d)(6) + (A). + Hotel and motel Hotel or motel Overnight lodging +Adult motel See Section 51- See Section See Section + 4.216.1. 51A-4.205. 51A-13.306(d)(7) + (B). + Theatre Theater Indoor recreation +Adult motion See Section 51- See Section See Section +picture theater 4.208. 51A-4.210. 51A-13.306(d)(6) + (B). + Office Office Office +Escort agency See Section 51- See Section See Section + 4.210. 51A-4.207. 51A-13.306(d)(4) + (B). + Photography studio Personal service Personal service +Nude model studio See Section 51- See Section See Section + 4.211. 51A-4.210. 51A-13.306(d)(6) + (D). +  +   (d)   Always a main use. A use being operated as a sexually oriented +business shall at all times be considered a separate main use, and cannot be an +accessory use within the meaning of Section +51A-4.217. (Ord. Nos. 24438; 24696; 26513; 27404; 27495; 27790) +Division 51A-4.300. Off-Street Parking and Loading Regulations. +SEC. 51A-4.301.   OFF-STREET PARKING REGULATIONS. +   (a)   General provisions. +      (1)   Off-street parking is an accessory use and is subject to Section +51A-4.217(a). +      (2)   In any district except a central area district, the off-street +parking requirements for each use are listed by use in Sections +51A-4.201 through +51A-4.217. +      (3)   When a lot is used for a combination of uses, the off-street +parking requirements are the sum of the requirements for each use, and no off- +street parking space for one use is included in the calculation of off-street +parking requirements for any other use, except as otherwise provided in this +division or in Division +51A-4.320. +      (4)   For purposes of determining required off-street parking, site area, +as defined in Section +51A-2.102, does not include that area occupied by off-street parking, +landscaped areas, and open space not used for storage or sales. +      (4.1)   For purposes of determining required off-street parking, floor +area does not include the area of a building used exclusively to provide +bicycle parking spaces. +      (5)   In determining the required number of parking spaces, fractional +spaces are counted to the nearest whole number, with one-half counted as an +additional space. +      (6)   No parking space located on a public street or alley may be +included in the calculation of off-street parking requirements. +      (7)   Except for residential uses, head-in parking adjacent to a public +street where the maneuvering of the vehicle in parking or leaving the parking +space is done on a public street is excluded in computing off-street parking +requirements. +      (8)   In all districts except a central area district, required off- +street parking must be available as free parking or contract parking on other +than an hourly or daily fee basis. This requirement does not apply to +institutional uses or mechanized parking approved under Division +51A-4.340. +      (9)   A parking space must be at least 20 feet from the right-of-way line +adjacent to a street or alley if the space is located in enclosed structure and +if the space faces upon or can be entered directly from the street or alley. +This provision controls over any building line platted to a lesser setback and +any other provision of this article. +      (10)   Except as specifically permitted in this article, all off-street +parking must be provided on the lot occupied by the main use. +      (11)   The board of adjustment may not authorize the placement of special +parking, as defined in Division +51A-4.320, in a residential district. +      (12)   Off-street parking may be provided in a parking district in +accordance with Section +51A-4.302. +      (13)   In an agricultural, multifamily, MH(A), or nonresidential +district, a person shall not construct or maintain a parking lot or garage that +has access to a public alley or access easement that abuts or is in an R, R(A), +D, D(A), TH, TH(A), or CH district unless the director approves the means of +access. +      (14)   Off-street parking is not permitted in a visibility triangle as +defined in Section +51A-4.602. +   (b)   Off-street parking provisions for residential districts. +      (1)   In residential districts, any off-street parking for nonresidential +uses must comply with the minimum front yard requirements of Section +51A-4.401. +      (2)   In residential districts except an MF-3(A) or MF-4(A) district, +required off-street parking for residential uses must be located behind a +required front building line. +      (3)   In an MF-1(A), MF-1(SAH), MF-2(A), or MF-2(SAH) district, no +required or excess parking may be placed in the required front yard. +      (4)   In an MF-3(A) or MF-4(A) district, any off-street parking for +residential uses may extend to the front property line. +      (5)   Except for mechanized parking approved under Division +51A-4.340, in single family, duplex, townhouse, and CH districts, off-street +parking must be provided at or below ground level. +   (c)   Off-street parking provisions for nonresidential districts. +      (1)   In nonresidential districts, any off-street parking may extend to +the front property line. +      (2) thru (5)   Reserved. +      (6)   In order to provide adequate off-street parking for large scale +mixed use development projects, the following are excluded in the calculation +of off-street parking requirements: +         (A)   Ten percent of the required parking for the office use when that +use totals in excess of 250,000 square feet in floor area and is developed on +the same lot with a use qualifying for an exception under Subsections (c)(6)(B) +or (C) of this section. +         (B)   Ten percent of the required parking for the hotel and motel use +when that use totals in excess of 250 guest rooms and is developed on the same +lot with a use qualifying for an exception under Subsections (c)(6)(A) or (C) +of this section. +         (C)   Ten percent of the required parking for the retail and personal +service uses, when those uses total in excess of 40,000 square feet in floor +area and are developed on the same lot with a use qualifying for an exception +under Subsections (c)(6)(A) or (B) of this section. +         (D)   Fifty percent of the required parking for the following uses +when developed on the same lot with an office use with more than 250,000 square +feet of floor area or a hotel or motel use with more than 250 guest rooms: +            --   Bar, lounge, or tavern. +            --   Carnival or circus (temporary) +            --   Catering service. +            --   Commercial amusement (inside). +            --   Commercial amusement (outside). +            --   Country club with private membership. +            --   Drive-in theater. +            --   Private recreation center, club, or area. +            --   Public park, playground, or golf course. +            --   Restaurant without drive-in service. +            --   Restaurant with drive-in or drive-through service. +            --   Theater. +      (7)   Retail mall parking. +         (A)   For purposes of this subsection: +            (i)   a “retail mall” is a building containing retail uses that +occupy at least 400,000 square feet of gross floor area (excluding the +pedestrian way). A retail mall may have additional uses; and +            (ii)   the term “recreation and entertainment uses” means the +following uses: +            --   Carnival or circus (temporary). +            --   Commercial amusement (inside). +            --   Commercial amusement (outside). +            --   Country club with private membership. +            --   Drive-in theater. +            --   Private recreation center, club, or area. +            --   Public park, playground, or golf course. +            --   Theater. +         (B)   A retail mall is eligible for the parking requirement reduction +in this subsection only if: +            (i)   all uses in the retail mall are physically attached to and +have public access to an environmentally controlled pedestrian way; and +            (ii)   the floor area of the pedestrian way is at least seven +percent of the gross floor area of the retail mall. +         (C)   The number of required off-street parking spaces for a retail +mall is reduced as follows: +            (i)   10 percent for all uses (including the pedestrian way), other +than recreation and entertainment uses; +            (ii)   50 percent for recreation and entertainment uses, other than +theater uses, for floor area up to 10 percent of the gross floor area of the +retail mall (including the pedestrian way); and +            (iii)   50 percent for a theater use when the theater use is on the +same building site as the retail mall and utilizes the same parking area as the +retail mall. +         (D)   No reduction in required off-street parking spaces is allowed +for that part of the gross floor area devoted to recreation and entertainment +uses, other than theater uses, that is in excess of 10 percent of the gross +floor area of the retail mall (including the pedestrian way). +         (E)   This subsection may not be used in conjunction with Section +51A-4.301(c)(6) to calculate a further reduction in the number of required off- +street parking spaces for large scale mixed use development projects. +   (d)   Construction and maintenance provisions for off-street parking. +      (1)   Each off-street parking space must be provided in accordance with +the following dimensional standards: +         (A)   A parking space parallel with the access lane must be 22 feet +long and 8 feet wide. A one-way access lane must be at least 10 feet wide; a +two-way access lane must be at least 20 feet wide. +         (B)   All other parking spaces must be provided in accordance with +this section and the chart entitled “Parking Bay Widths” on page 271. +         (C)   The following restrictions apply to the use of 7.5 foot stalls +to satisfy off-street parking requirements: +            (i)   7.5-foot wide stalls must be double-striped and identified by +pavement markings which indicate that the stalls are for small car parking. +            (ii)   7.5-foot wide stalls may constitute no more than 35 percent +of the required parking spaces for any use. +      (2)   For a use other than a single family, duplex, or vehicle storage +lot use, each off-street parking space must be clearly and permanently +identified by stripes, buttons, tiles, curbs, barriers, or another method +approved by the building official. +      (3)   For a single family or duplex use, the surface of a parking space, +maneuvering area for parking, or driveway must consist of an all-weather and +drainable material which is approved by the building official, or a material +specified in Subsection (d)(4). +      (3.1)   For a vehicle storage lot use, the surface of a parking space, +maneuvering area for parking, or driveway must consist of an all weather +material which allows delivery and release of vehicles in all weather +conditions as approved by the director, unless paving surface requirements +reasonably consistent with this paragraph and Subsection (d)(4) are provided in +an ordinance granting or amending a specific use permit or a planned +development district. +      (4)   For a use other than a single family, duplex, or vehicle storage +lot use, the surface of an enclosed or unenclosed parking space, maneuvering +area for parking, or a driveway which connects to a street or alley must be on +a compacted sub-grade, and must consist of: +         (A)   concrete paving; +         (B)   hot mix asphalt paving which consists of a binder and surface +course; or +         (C)   a material which has equivalent characteristics of Subsections +(d)(4)(A) or (d)(4)(B) and has the approval of the building official. +      (5)   A person commits an offense if he stops, stands, parks, or +maneuvers a motor vehicle on a lot, unless the vehicle is on a surface as +required in Subsections (d)(3) and (d)(4). The registered owner of an +unattended or unoccupied vehicle is presumed to be the person who illegally +parked the motor vehicle. The records of the State Highway Department or the +County Highway License Department showing the name of the person to whom the +state highway license was issued is prima facie evidence of ownership by the +named individual. +      (5.1) A person commits an offense if he owns, occupies, or is in control +of property on which a motor vehicle is maneuvered, stopped, stood, or parked, +unless the vehicle is maneuvered, stopped, stood, or parked on a surface as +required in Subsections (d)(3) and (d)(4). +      (6)   The owner of off-street parking for a use other than single family +or duplex use shall: +         (A)   keep the maneuvering area and parking surface free of potholes; +         (B)   maintain wheelguards and barriers; and +         (C)   maintain non-permanent parking space markings such as paint, so +that clear identification of each parking space is apparent. +      (7)   Off-street parking spaces for nonresidential uses and parking +spaces along the perimeter of a commercial parking lot or garage must have +wheel guards not less than 6 inches in height or other barriers approved by the +building official. The wheel guard or barrier must be at least three feet from +the screening and must be placed so that: +         (A)   no part of the automobile extends into the public sidewalk or +adjoining property; and +         (B)   no part of the automobile contacts screening. +      (8)   All off-street parking spaces and areas must comply with the +guidelines established in the Off-Street Parking Handbook. The director shall +keep a true and correct copy of the Off-Street Parking Handbook on file in his +office for public inspection and/or copying upon request. +   PARKING WAY WIDTHS + 7.5' STALL 8.5' STALL 9.0' STALL 10.0' STALL +PARKING AISLE ONE ROW TWO AISLE ONE ROW TWO AISLE ONE ROW TWO AISLE ONE ROW TWO +ANGLE ROWS ROWS ROWS ROWS + ONE TWO ONE TWO ONE TWO ONE TWO ONE TWO ONE TWO ONE TWO ONE TWO ONE TWO ONE TWO ONE TWO ONE TWO + WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY + 7.5' STALL 8.5' STALL 9.0' STALL 10.0' STALL +PARKING AISLE ONE ROW TWO ROWS AISLE ONE ROW TWO ROWS AISLE ONE ROW TWO ROWS AISLE ONE ROW TWO ROWS +ANGLE ONE TWO ONE TWO ONE TWO ONE TWO ONE TWO ONE TWO ONE TWO ONE TWO ONE TWO ONE TWO ONE TWO ONE TWO + WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY WAY +30 12.0' 18.0' 26.5' 32.5' 41.0' 47.0' 11.1' 20.0' 27.5' 36.4 43.9' 52.8' 10.7' 20.0' 27.5' 36.8' 53.6' 53.6' 9.3' 20.0' 27.0' 37.7' 44.7' 55.4' +40 12.0' 18.0' 28.0' 34.0' 44.0' 50.0' 11.4' 20.0' 29.5' 38.1 47.6' 56.2' 11.0' 20.0' 29.5' 38.1' 56.9' 56.9' 9.3' 20.0' 28.5' 39.2' 47.7' 58.4' +50 12.0' 18.0' 29.1' 35.1' 46.2' 52.2' 12.7' 20.0' 32.0' 39.3 51.3' 58.6' 11.4' 20.0' 31.0' 39.6' 59.2' 59.2' 9.9' 20.0' 30.1' 40.2' 50.3' 60.4' +60 14.0' 18.0' 31.6' 35.6' 49.2' 53.2' 15.2' 20.0' 35.0' 39.8 54.8' 59.6' 14.0' 20.0' 34.0' 40.0' 60.0' 60.0' 10.4' 20.0' 31.0' 40.6' 51.6' 61.2' +70 15.0' 18.0' 32.6' 35.6' 50.2' 53.2' 18.2' 20.0' 38.0' 39.8 57.8' 59.6' 17.0' 20.0' 37.0' 40.0' 60.0' 60.0' 13.7' 20.0' 34.0' 40.3' 54.3' 60.6' +80 18.0' 18.0' 35.1' 35.1' 52.2' 52.2' 21.8' 21.8' 41.0' 41.0 60.2' 60.2' 19.7' 20.0' 39.0' 39.3' 58.6' 58.6' 17.5' 20.0' 37.0' 39.5' 56.5' 59.0' +90 18.0' 18.0' 34.0' 34.0' 50.0' 50.0' 24.0' 24.0' 42.0' 42.0 60.0' 60.0' 22.0' 22.0�40.0' 40.0' 58.0' 58.0' 20.0' 20.0' 38.0' 38.0' 56.0' 56.0' +  +   (e)   Lighting provisions for off-street parking. +      (1)   Commercial parking lot. A commercial parking lot which offers +service and collects revenue for use after dark (including attended, self-park, +coin-actuated gated lots, and rentals on any basis) must be lighted beginning +one-half hour after sunset and continuing throughout the hours of use or until +midnight, whichever is earlier. If only a portion of the parking lot is offered +for use after dark, only that part must be lighted. However, the portion +offered for use must be clearly designated. The lighting of a commercial +parking lot must meet the following minimum requirements: +         (A)   The intensity of lighting on the parking surface must be: +            (i)   an average of at least two footcandles, initial measurement, +and at least one footcandle on a maintained basis; and +            (ii)   a minimum at any point of at least 0.6 footcandle initial, +and at least 0.3 footcandle maintained or one-third of the average for the +lighted area, whichever is greater. +   ��     (B)   The light sources must be: +            (i)   indirect, diffused, or covered by shielded type fixtures; and +            (ii)   installed to reduce glare and the consequent interference +with boundary streets. +         (C)   Fixtures must be attached to buildings or mounted on metal poles +at a height of no less than 20 feet above the parking surface. +         (D)   Strings of lamps or bare bulbs are prohibited. +         (E)   A commercial parking lot contiguous to or directly across the +street or alley from an A, A(A), R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), +MH, or MH(A) district must comply with Subsection (e)(2) instead of this +subsection. +      (2)   Other off-street parking. Off-street parking for a use other than +single family, duplex, or the commercial parking lot use that offers service +after dark must be lighted beginning one-half hour after sunset and continuing +throughout the hours of use or until 10 o’clock p.m., whichever is earlier. If +only a portion of a parking area is offered for use after dark, only that part +must be lighted. However, the portion offered for use must be clearly +designated. The lighting of the off-street parking area must meet the following +minimum requirements: +         (A)   The intensity of light on the parking surface must be: +            (i)   an average of at least one footcandle, initial measurement, +and at least one-half footcandle on a maintained basis; and +            (ii)   a minimum at any point of at least 0.3 footcandle initial, +and at least 0.2 footcandle maintained or one-third of the average for the +lighted area, whichever is greater. +         (B)   The intensity of spillover light on neighboring residential +lots, measured at a point five feet inside the residential lot line and five +feet above the ground surface, may not exceed 0.1 footcandle. +         (C)   The light sources must: +            (i)   be indirect, diffused, or covered by shielded type fixtures; +            (ii)   be installed to reduce glare and the consequent interference +with boundary streets; and +            (iii)   not be visible from property that is: +               (aa)   occupied by a residential use; and +               (bb)   located within 600 feet of the light source. +         (D)   Fixtures must be attached to buildings or mounted on metal +poles. If any portion of a fixture is over 20 feet in height, that portion may +not be located above a residential proximity slope. (See Section +51A-4.412.) +         (E)   Strings of lamps or bare bulbs are prohibited. +      (3)   Special exception. The board of adjustment may grant a special +exception to the height restrictions in this subsection if the board +determines, after a public hearing, that the special exception will not +adversely affect neighboring property. In determining whether to grant a +special exception, the board shall consider the following factors: +         (A)   Hours of use for the parking area. +         (B)   Size and configuration of the lot on which the parking area is +located. +         (C)   Distances between the parking area and surrounding uses. +   (f)   Screening provisions for off-street parking. +      (1)   The owner of off-street parking must provide screening to separate +the parking area from: +         (A)   a contiguous residential use or vacant lot if either is in an A, +A(A), R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) district and the +parking area serves a nonresidential use; or +         (B)   a contiguous single family or duplex use or a vacant lot if any +of these are in an R, R(A), D, D(A), TH, TH(A), or CH district and the parking +area serves a multifamily use. +      (2)   If an alley separates a parking area from another use, the use is +considered contiguous to the parking area. If a street separates a parking area +from another use, the use is not considered contiguous to the parking area. +      (3)   Screening for off-street parking required under Subsection (f)(1) +must be a brick, stone, or concrete masonry, stucco, concrete, or wood wall or +fence that is not less than six feet in height. The wall or fence may not have +more than ten square inches of open area for each square foot of surface area, +and may not contain any openings or gates for vehicular access. The owner of +off-street parking must maintain the screening in compliance with these +standards. +      (4)   The board may not grant a special exception to the height +requirements for screening around off-street parking. +      (5)   In an office district, all off-street surface parking lots, +excluding driveways used for ingress or egress, must be screened from the +street by using one or more of the following three methods to separately or +collectively attain a minimum height of three feet above the parking surface: +            (i)   Brick, stone, or concrete masonry, stucco, concrete, or wood +wall or fence. +            (ii)   Earthen berm planted with turf grass or ground cover +recommended for local area use by the director of parks and recreation. The +berm may not have a slope that exceeds one foot of height for each two feet of +width. +            (iii)   Evergreen plant materials recommended for local area use by +the building official. The plant materials must be located in a bed that is at +least three feet wide with a minimum soil depth of 24 inches. Initial plantings +must be capable of obtaining a solid appearance within three years. Plant +materials must be placed a maximum of 24 inches on center over the entire +length of the bed unless the building official approves an alternative planting +density that a landscape authority certifies as being capable of providing a +solid appearance within three years. +      (6)   For purposes of Subsection (f)(5): +         (A)   the height of screening is measured from the horizontal plane +passing through the nearest point of the surface of the parking lot; and +         (B)   screening may be placed in a visibility triangle as defined in +the visual obstruction regulations in Section +51A-4.602(c) of this chapter. Any screening placed in a visibility triangle +must be two and one-half feet in height measured from the top of the adjacent +street curb. If there is no adjacent street curb, the measurement is taken from +the grade of the portion of the street adjacent to the visibility triangle. +   (g)   Reserved. +   (h)   Residential alley access restrictions for nonresidential uses. +      (1)   The following residential alley access restrictions are established +in order to promote safety and protect the public from disturbances that +interfere with the quiet enjoyment of residential properties. Between the hours +of 10 p.m. and 7 a.m., no person may use a public alley or access easement that +abuts or is in an R, R(A), D, D(A), TH, TH(A), or CH district for the purpose +of delivering or receiving any goods or services to or from a nonresidential +use in a nonresidential district. It is a defense to prosecution under this +paragraph that the person is: +         (A)   a governmental entity; +         (B)   a communications or utility company, whether publicly or +privately owned; or +         (C)   the operator of an authorized emergency vehicle as defined in +Section 541.201 of the Texas Transportation Code. +      (2)   The board of adjustment may grant a special exception to the alley +access restriction in Paragraph (1) if the board finds, based on evidence +presented at a public hearing, that strict compliance with the restriction +would result in the material and substantial impairment of access to the +property as a whole. In determining whether access would be materially and +substantially impaired, the board shall consider the following factors: +         (A)   The extent to which access to the restricted alley between the +hours of 10 p.m. and 7 a.m. is essential to the normal operation of the use or +uses to which the special exception would apply. +         (B)   The extent to which the property as a whole has reasonable +access to other public streets, alleys, or access easements in addition to the +restricted alley. +         (C)   The extent to which strict compliance with the alley access +restriction will necessarily have the effect of substantially reducing the +market value of the property. +      (3)   In granting a special exception under this subsection, the board +shall: +         (A)   specify the use or uses to which the special exception applies; +and +         (B)   establish a termination date for the special exception, which +may not be later than five years after the date of the board’s decision. +      (4)   In granting a special exception under this subsection, the board +may: +         (A)   authorize alley access only during certain hours; or +         (B)   impose any other reasonable condition that would further the +purpose and intent of the alley access restriction. +      (5)   Notwithstanding any of the above, a special exception granted by +the board under this subsection for a particular use automatically and +immediately terminates if and when that use is changed or discontinued. (Ord. +Nos. 19455; 19786; 20361; 20383; 20884; 21200; 21209; 21210; 21290; 21658; +21663; 22053; 22026; 23013; 24843; 25047; 28073; 29128; 30893) +SEC. 51A-4.302.   PARKING [P(A)] DISTRICT REGULATIONS. +   (a)   General provisions. +      (1)   The parking district must be either contiguous to or +perpendicularly across an adjoining street or alley from a main use. +      (2)   The owner of a lot in a parking district contiguous to an A, A(A), +R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) district shall provide +and maintain a minimum front yard of ten feet. +   (b)   Procedures for establishing a parking district. +      (1)   The applicant for a parking district shall comply with the zoning +amendment procedure for a change in a zoning district classification. +      (2)   At the time of applying for a change in zoning district +classification, the applicant shall submit a site plan that includes: +         (A)   the dimensions, bearings, and street frontage of the property; +         (B)   the location of the parking spaces and the use the parking +district serves; +         (C)   the method of ingress and egress; +         (D)   screening, lighting, and landscaping; and +         (E)   any other information the director determines necessary for a +complete review of the proposed development. (Ord. 19455) +SEC. 51A-4.303.   OFF-STREET LOADING REGULATIONS. +   (a)   Required off-street loading standards. +      (1)   The off-street loading requirements for each use are listed by use +in Sections +51A-4.201 through +51A-4.217. +      (2)   Reserved. +      (3)   A structure containing more than one use must meet the loading +requirements for the sum of the requirements for each use, except if one use +occupies 90 percent or more of the floor area of the structure, the off-street +loading requirement is calculated as if the use occupied the entire structure. +   (b)   Location and design standards. +      (1)   Except as specifically provided in this section, required off- +street loading spaces must be provided on the same lot as the use served. +      (2)   The first required off-street loading space must be of the medium +or large size and at least 40 percent of the required off-street loading spaces +must be of the medium or large size except: +         (A)   for a single retail or personal service use in +Chapter 51A over 60,000 square feet, or for a retail use in Chapter 51 over +60,000 square feet, the first 25 percent of the loading spaces must be of the +large size, then 25 percent must be of the medium or large size; and +         (B)   for hotels and motels, one required off-street loading space +must be of the large size, and at least 75 percent of the required spaces must +be of the large or medium size. +      (3)   In determining the size of the required number of loading spaces in +Subsection (b)(2) above, fractional spaces are counted to the nearest whole +number, with one-half counted as an additional space. +      (4)   Each large size off-street loading space must have a width of not +less than 11 feet, a length of not less than 55 feet, and a height of not less +than 14 feet. +      (5)   Each medium size off-street loading space must have a width of not +less than 11 feet, a length of not less than 35 feet, and a height of not less +than 13 feet. +      (6)   Each small size off-street loading space must have a height of not +less than 7.5 feet, and either a length of not less than 25 feet with a width +of not less than 8 feet, or a length of not less than 20 feet with a width of +not less than 10 feet. +      (7)   Ingress to and egress from required off-street loading spaces must +have at least the same vertical height clearance as the off-street loading +space. +      (8)   Each required off-street loading space must be designed with a +reasonable means of vehicular access from the street or alley in a manner which +will least interfere with traffic movement. Each off-street loading space must +be independently accessible so that no loading space blocks another loading +space. Trash removal facilities and other structures must not block a required +loading space. The design of the ingress, egress, and maneuvering area must be +approved by the director of development services. +      (9)   Off-street loading facilities for more than one building site may +be provided in a common terminal if connections between the building and +terminal are off-street. +      (10)   If a publicly owned off-street truck terminal presently exists, is +under construction, or is funded for construction, the required off-street +loading for a use that is located on a lot contiguous to or perpendicular +across the street from the terminal must be provided in the publicly owned off- +street truck terminal if the truck terminal is designed to accommodate the +loading needs of the use, as determined by the director of building services. +      (11)   If a use is served by a publicly owned off-street truck terminal, +the owner of that use shall provide an off-street connection to the truck +terminal, and shall pay a rental fee, as determined by city council. +      (12)   In an office district in +Chapter 51A, or an NO, LO, MO, or GO district in Chapter 51, off-street loading +spaces may not be located in the required front yard. +      (13)   Main uses under 10,000 square feet in size may share a common off- +street loading space provided that the space is located within a walking +distance of 150 feet from an exit of each use that it serves. For purposes of +this paragraph, “walking distance” is measured along the most convenient +pedestrian walkway between the nearest point of the loading space and the exit +of the use. +   (c) and (d) Reserved. (Ord. Nos. 19455; 19786; 19807; 25047; 27404) +SEC. 51A-4.304.   OFF-STREET STACKING SPACE REGULATIONS. +   (a)   Site plan submission. All required off-street stacking spaces must be +shown on a site plan that is approved by the building official and made part of +the certificate of occupancy record for the use. +   (b)   Site plan requisites. A site plan submitted for review under this +section must: +      (1)   show all existing and proposed points of ingress and egress, +circulation and maneuvering areas, and off-street parking and loading areas; +and +      (2)   separately tabulate the number of required off-street parking, +loading, and stacking spaces in a conspicuous place on the plan for quick and +easy reference. +   (c)   General provisions. +      (1)   The purpose of stacking space requirements is to promote public +safety by reducing on-site and off-site traffic congestion. A stacking space +may be located anywhere on the building site provided that it can effectively +function in a manner consistent with its purpose. +      (2)   At a minimum, a stacking space must be 8 feet wide and 18 feet +long. +      (3)   A space at a drive-in or drive-through window, menu board, order +station, or service bay may qualify as a stacking space. +      (4)   An area reserved for stacking spaces may not double as a +circulation driveway or maneuvering area. +   (d)   Off-street stacking special exception. +      (1)   The board of adjustment may grant a special exception to authorize +a reduction in the number of off-street stacking spaces required under this +article if the board finds, after a public hearing, that the stacking demand +generated by the use does not warrant the number of off-street stacking spaces +required, and the special exception would not create a traffic hazard or +increase traffic congestion on adjacent and nearby streets. The maximum +reduction authorized by this subsection is two spaces for each of the first two +drive-through windows, if any, or 25 percent of the total number of required +spaces, whichever is greater, minus the number of spaces currently not provided +due to already existing nonconforming rights. +      (2)   In determining whether to grant a special exception under Paragraph +(1), the board shall consider the following factors: +         (A)   The stacking demand and trip generation characteristics of all +uses for which the special exception is requested. +         (B)   The current and probable future capacities of adjacent and +nearby streets based on the city’s thoroughfare plan. +         (C)   The availability of public transit and the likelihood of its +use. +      (3)   In granting a special exception under Paragraph (1), the board +shall specify the use or uses to which the special exception applies. A special +exception granted by the board for a particular use automatically and +immediately terminates if and when that use is changed or discontinued. +      (4)   In granting a special exception under Paragraph (1), the board may: +         (A)   establish a termination date for the special exception or +otherwise provide for the reassessment of conditions after a specified period +of time; +         (B)   impose restrictions on access to or from the subject property; +or +         (C)   impose any other reasonable condition that would have the effect +of improving traffic safety or lessening congestion on the streets. +      (5)   The board shall not grant a special exception under Paragraph (1) +to reduce the number of off-street stacking spaces required in: +         (A)   a planned development district; or +         (B)   an ordinance granting or amending a special use permit. (Ord. +Nos. 19786; 20272) +SEC. 51A-4.305.   HANDICAPPED PARKING REGULATIONS. +   Handicapped parking must be provided and maintained in compliance with all +Federal and State laws and regulations. (Ord. Nos. 20493; 27864) +SEC. 51A-4.306.   OFF-STREET PARKING IN THE CENTRAL BUSINESS DISTRICT. +   (a)   Applicability. This section applies to all off-street parking, +including commercial parking lots and garages, located in the central business +district (“CBD”); however, Subsections (b), (c), and (d) do not apply to +commercial parking lots and garages in the CBD. In the event of a conflict +between this section and other provisions in this chapter, this section +controls. Consult Section +51A-4.124(a) for additional regulations concerning commercial parking lots and +garages in the CA-1(A) district. +   (b)   Lighting. +      (1)   A lighting district is hereby created for purposes of this +subsection. The boundaries of the lighting district are as follows: +         BEGINNING at a point being the intersection of the southeast line of +Woodall Rodgers Freeway with the west line of North Central Expressway; +         THENCE southerly along the west line of North Central Expressway to +the centerline of Live Oak Street; +         THENCE southwesterly along the centerline of Live Oak Street to the +centerline of Pearl Street; +         THENCE southeasterly along the centerline of Pearl Street to the +centerline of Pearl Expressway; +         THENCE southerly along the centerline of Pearl Expressway to the +centerline of Pacific Avenue; +         THENCE westerly along the centerline of Pacific Avenue to the +centerline of Harwood Street; +         THENCE southerly along the centerline of Harwood street to the +centerline of Jackson Street; +         THENCE westerly along the centerline of Jackson Street to the +centerline of Akard Street; +         THENCE southeasterly along the centerline of Akard Street to the +centerline of Canton Street; +         THENCE southwesterly along the centerline of Canton Street to the +northwest line of East R.L. Thornton Freeway; +         THENCE southwesterly along the northwest line of East R.L. Thornton +Freeway to the northeast line of Stemmons Freeway; +         THENCE northwesterly along the northeast line of Stemmons Freeway to +the southeast line of Woodall Rodgers Freeway; +         THENCE northeasterly along the southeast line of Woodall Rodgers +Freeway to the point of beginning. +      (2)   A surface parking lot in the lighting district that collects +revenue on the premises for after-dark use (including attended, self-park, and +coin-activated gated lots) must be lighted after dark until 2 a.m., or until no +customer vehicles remain on the parking lot, whichever is earlier. If revenue +is collected for after-dark use of only a portion of the parking lot and that +portion is clearly designated, only that portion must be lighted. For purposes +of this subsection, “dark” means one-half hour after sunset. +      (3)   No lighting is required for a surface parking lot outside of the +lighting district. +      (4)   No portion of a surface parking lot may be open for use by customer +vehicles after dark without lighting unless a sign is prominently displayed at +or near the entrance to the facility stating: “THIS FACILITY IS NOT ILLUMINATED +DURING HOURS OF DARKNESS.” The sign must be posted adjacent to the public +street and be easily visible from the street. +      (5)   A multi-level or underground parking garage must be lighted 24 +hours a day except when vehicular ingress and egress is prohibited. +      (6)   The intensity of required lighting on the parking surface must be: +         (A)   an average of at least two footcandles, initial measurement, and +at least one footcandle on a maintained basis; and +         (B)   a minimum at any point of at least 0.6 footcandle initial, and +at least 0.3 footcandle maintained or one-third of the average for the lighted +area, whichever is greater. +      (7)   Light sources must be indirect, diffused, or shielded-type +fixtures, installed to reduce glare and the consequent interference with +boundary streets. Bare bulbs or strings of lamps are prohibited. +      (8)   Fixtures must be attached to buildings or mounted on permanent +poles. +      (9)   Fixtures on surface parking lots must be at least 20 feet above the +lot surface. This requirement does not apply to parking garages. +      (10)   The board may grant a special exception to the lighting +requirements of this subsection if the board finds, after a public hearing, +that the special exception will not compromise the safety of persons using the +parking. In determining whether to grant this special exception, the board +shall consider: +         (A)   the extent to which the parking will be used after dark; +         (B)   the crime statistics for the area; and +         (C)   the extent to which adequate lighting may be provided by light +sources located on adjacent property. +      (11)   The board shall not grant a special exception eliminating lighting +requirements for all or a portion of a parking lot or garage without requiring +that a sign be posted advising the public of the extent to which there will be +no illumination during hours of darkness. The sign must be posted in a +conspicuous place and be reasonably calculated to adequately inform those +persons who might park in the area that is the subject of the special +exception. +   (c)   Stall width. There is no minimum stall width requirement for non- +required off-street parking spaces. Required off-street parking spaces must +comply with the dimensional standards contained in Section +51A-4.301. +   (d)   Parking space identification. Non-required parking spaces need not be +identified. Required off-street parking spaces must be clearly and permanently +identified by stripes, buttons, tiles, curbs, barriers, or another method +approved by the building official. +   (e)   Wheel guards and barriers. Required off-street parking spaces for +nonresidential uses, and parking spaces (both required and non-required) along +the perimeter of the parking lot or garage must have wheel guards not less than +six inches in height, or other permanent barriers approved by the building +official. Examples of acceptable permanent barriers include guardrails and +fences or walls capable of containing an automobile within the parking area. +Wheel guards or barriers must be placed so that no part of the automobile +extends into the public sidewalk or adjoining property. +   (f)   Passenger unloading zone required in certain cases. +      (1)   If customer vehicles are parked by an attendant or employee of the +facility, a passenger unloading zone must be provided as part of the ingress +lane to the facility. The passenger unloading zone must be: +         (A)   a minimum of 15 feet wide and 36 feet long; +         (B)   clearly and permanently identified and labeled as a “no parking” +area; and +         (C)   located so that it can effectively function to reduce on-site +and off-site traffic congestion that would otherwise result from operation of +the parking lot or garage. +      (2)   The following are acceptable means of identifying and labeling a +passenger unloading zone: +         (A)   Painting one of the following on the pavement within the zone: +            (i)   The words “NO PARKING” consisting of 12-inch high black +letters on a red background. +            (ii)   A No Parking symbol sign consisting of the symbol “P” in +black, circumscribed in a red circle at least 36 inches in diameter with a red +slash. The sign must be painted on a white background with a black border. +Illustrations of acceptable No Parking symbol signs may be found in the 1980 +Texas Manual on Uniform Traffic Control Devices for Streets and Highways +published by the State Department of Highways and Public Transportation. +         (B)   Painting on the pavement along each of the four sides of the +outside perimeter of the zone the words “NO PARKING” consisting of four-inch +high black letters on a red background. +   (g)   Stacking space required in certain cases. No stacking spaces are +required when a passenger unloading zone is provided in accordance with +Subsection (f). However, if no passenger unloading zone is provided, one +stacking space must be provided in accordance with Section +51A-4.304. +   (h)   Conformance. All nonconforming parking lots and garages within the +central business district must fully comply with the provisions of this section +before April 1, 1991, or within two years of the date the parking lot or garage +became nonconforming as to this section, whichever is later. The board may +grant an extension of this time period if it determines, after a public +hearing, that strict compliance would result in substantial financial hardship +or inequity to the applicant without sufficient corresponding benefit to the +city and its citizens in accomplishing the objectives of this section. (Ord. +Nos. 20272; 21960) +SEC. 51A-4.307.   NONCONFORMITY AS TO PARKING OR LOADING REGULATIONS. +   Consult Section +51A-4.704 for regulations concerning nonconformity as to parking and loading. +(Ord. 21553) +SECS. 51A-4.308 THRU 51A-4.309.   RESERVED. +Division 51A-4.310. Off-street parking reductions. +SEC. 51A-4.311.   SPECIAL EXCEPTIONS. +   (a)   Special exception: parking demand. +      (1)   The board may grant a special exception to authorize a reduction in +the number of off-street parking spaces required under this article if the +board finds, after a public hearing, that the parking demand generated by the +use does not warrant the number of off-street parking spaces required, and the +special exception would not create a traffic hazard or increase traffic +congestion on adjacent or nearby streets. Except as otherwise provided in this +paragraph, the maximum reduction authorized by this section is 25 percent or +one space, whichever is greater, minus the number of parking spaces currently +not provided due to delta credits, as defined in Section +51A-4.704(b)(4)(A). For the commercial amusement (inside) use and the +industrial (inside) use, the maximum reduction authorized by this section is 75 +percent or one space, whichever is greater, minus the number of parking spaces +currently not provided due to delta credits, as defined in Section +51A-4.704(b)(4)(A). For the office use, the maximum reduction is 35 percent or +one space, whichever is greater, minus the number of parking spaces currently +not provided due to delta credits, as defined in Section +51A-4.704(b)(4)(A). Applicants may seek a special exception to parking +requirements under this section and an administrative parking reduction under +Section +51A-4.313. The greater reduction will apply, but the reductions may not be +combined. +      (2)   In determining whether to grant a special exception under Paragraph +(1), the board shall consider the following factors: +         (A)   The extent to which the parking spaces provided will be remote, +shared, or packed parking. +         (B)   The parking demand and trip generation characteristics of all +uses for which the special exception is requested. +         (C)   Whether or not the subject property or any property in the +general area is part of a modified delta overlay district. +         (D)   The current and probable future capacities of adjacent and +nearby streets based on the city’s thoroughfare plan. +         (E)   The availability of public transit and the likelihood of its +use. +         (F)   The feasibility of parking mitigation measures and the +likelihood of their effectiveness. +      (3)   In granting a special exception under Paragraph (1), the board +shall specify the use or uses to which the special exception applies. A special +exception granted by the board for a particular use automatically and +immediately terminates if and when that use is changed or discontinued. +      (4)   In granting a special exception under Paragraph (1), the board may: +         (A)   establish a termination date for the special exception or +otherwise provide for the reassessment of conditions after a specified period +of time; +         (B)   impose restrictions on access to or from the subject property; +or +         (C)   impose any other reasonable condition that would have the effect +of improving traffic safety or lessening congestion on the streets. +      (5)   The board shall not grant a special exception under Paragraph (1) +to reduce the number of off-street parking spaces required in an ordinance +granting or amending a specific use permit. +      (6)   The board shall not grant a special exception under Paragraph (1) +to reduce the number of off-street parking spaces expressly required in the +text or development plan of an ordinance establishing or amending regulations +governing a specific planned development district. This prohibition does not +apply when: +         (A)   the ordinance does not expressly specify a minimum number of +spaces, but instead simply makes reference to the existing off-street parking +regulations in Chapter 51 or this chapter; or +         (B)   the regulations governing that specific district expressly +authorize the board to grant the special exception. +      (7)   The board shall not grant a special exception under Paragraph (1) +to reduce the number of off-street parking spaces required for a commercial +amusement (inside) used as a dance hall. +   (b)   Special exception: tree preservation. The board may grant a special +exception to authorize a reduction in the number of off-street parking spaces +required under this article if the board finds, after a public hearing, that +the reduction will result in the preservation of an existing tree. The +preserved tree must be protected from vehicular traffic through the use of +concrete curbs, wheel stops, or other permanent barriers. The maximum reduction +authorized by this subsection is 10 percent or one space, whichever is greater, +minus the number of parking spaces currently not provided due to already +existing nonconforming rights. (Ord. Nos. 22053; 23614; 25268; 28803) +SEC. 51A-4.312.   TREE PRESERVATION PARKING REDUCTION. +   The number of off-street parking spaces required under this article is +reduced by one for each protected tree (as defined in Article X) retained that +would otherwise have to be removed. The preserved tree must be protected from +vehicular traffic through the use of concrete curbs, wheel stops, or other +permanent barriers. The maximum reduction authorized by this section is five +percent or one space, whichever is greater, minus the number of parking spaces +currently not provided due to already existing nonconforming rights. (Ord. +22053) +SEC. 51A-4.313.   ADMINISTRATIVE PARKING REDUCTION. +   (a)   The director may grant a reduction in the number of off-street parking +spaces required under this article for specific uses if the director finds that +the parking demand generated by the use does not warrant the number of off- +street parking spaces required, and the reduction would not create a traffic +hazard or increase traffic congestion on adjacent or nearby streets. The +maximum reduction authorized by this section for specific uses is: +Use Maximum Administrative Reduction +Use Maximum Administrative Reduction +Industrial (inside) 50 percent +Industrial (outside) 50 percent +Office uses and retail and personal 20 percent (must not be within 600 feet +service uses (except for restaurants of a single-family or duplex district +and alcoholic beverage establishments) and the use must be connected to the +within a 1,200 feet walking distance of rail transit station by a sidewalk with +a platform of a rail transit station a minimum width of six feet) +Trade center 25 percent +Warehouse greater than 100,000 square 50 percent (up to 75 percent if the +feet requirement of Subsection (d)(3) is + complied with) +Museum/art gallery 50 percent +Note: Applicants may seek a special exception to parking requirements under +Section +51A-4.311 and an administrative parking reduction under this section. The +greater reduction will apply, but the reductions may not be combined. +  +   (b)   In determining whether to grant a reduction under Subsection (a), the +director shall consider the following factors: +      (1)   The extent to which the parking spaces provided will be assigned, +compact, remote, shared, or packed parking. +      (2)   The parking demand and trip generation characteristics for the +occupancy for which the reduction is requested. +      (3)   The number of individuals employed on the site of the occupancy for +which the reduction is requested. +      (4)   The number of company vehicles parked on the site of the occupancy +for which the reduction is requested. +      (5)   Whether or not the subject property or the surrounding properties +are part of a modified delta overlay district. +      (6)   The current and probable future capacities of adjacent and nearby +streets based on the city’s thoroughfare plan. +      (7)   The availability of alternative transportation modes and +availability, access, and distance to public transit and the likelihood of +their use. +      (8)   The feasibility of parking mitigation measures and the likelihood +of their effectiveness. +      (9)   The impact on adjacent residential uses. +   (c)   In granting a reduction under Subsection (a), the director shall +specify the occupancy to which the reduction applies. A reduction granted by +the director for a particular occupancy automatically and immediately +terminates if and when the certificate of occupancy for the use is revoked or +terminated or the existing business stops operating. +   (d)   In granting a reduction under Subsection (a), the director may: +      (1)   establish a termination date for the reduction or otherwise provide +for the reassessment of conditions after a specified period of time; +      (2)   impose restrictions on access to or from the subject property; +      (3)   require that adequate lot area be available to comply with standard +parking requirements; or +      (4)   impose any other reasonable condition that would have the effect of +improving traffic safety or lessening congestion on the streets. +   (e)   The director may not grant a reduction under Subsection (a) to reduce +the number of off-street parking spaces required in an ordinance granting or +amending a specific use permit. +   (f)   The director may not grant a reduction under Subsection (a) to reduce +the number of off-street parking spaces required in the text or development +plan of an ordinance establishing or amending a planned development district. +This prohibition does not apply when: +      (1)   the ordinance does not expressly specify a minimum number of +spaces, but instead simply makes reference to the existing off-street parking +regulations in Chapter 51 or this chapter; and +      (2)   the regulations governing that planned development district +expressly authorize the director to grant the reduction. (Ord. 28803) +SEC. 51A-4.314.   REDUCTIONS FOR PROVIDING BICYCLE PARKING. +   (a)   Required off-street parking may be reduced by one space for every six +Class I bicycle parking spaces provided on a building site. Bicycle parking +spaces required by Section +51A-4.333 count toward this parking reduction. A minimum of 20 off-street +parking spaces must be required in order to receive a parking reduction of one +space. +   (b)   Required off-street parking may be reduced by one space for every four +Class II bicycle parking spaces provided on a building site. Bicycle parking +spaces required by Section +51A-4.333 count toward this parking reduction. A minimum of 20 off-street +parking spaces must be required in order to receive a parking reduction of one +space. +   (c)   A parking reduction under this subsection may not be granted for +fractional parking spaces and fractional parking spaces may not be rounded up +to the next nearest whole parking space. +   (d)   A parking reduction granted under Subsections (a) or (b) cannot exceed +five percent of the total required off-street parking spaces for a building +site. +   (e)   In addition to a parking reduction granted under Subsections (a) or +(b), required off-street parking spaces may be reduced by an additional five +percent by providing showers, lockers, and changing facilities for bicycle +riders. This parking reduction is not available for residential and retail and +personal service uses. (Ord. 29128) +Division 51A-4.320. Special Parking Regulations. +SEC. 51A-4.321.   DEFINITIONS. +   In this division: +      (1)   LICENSEE means a person in whose name a license has been issued +under this division, as well as the individual listed as an applicant on the +application for a license. The term includes any employee, agent, or +independent contractor of the person in whose name the license is issued. +      (2)   PACKED PARKING means off-street parking that is governed by special +dimensional standards for parking spaces, allowing maximal parking on the lot +when an attendant is used. +      (3)   PERSON means an individual, assumed name entity, partnership, +joint-venture, association, corporation, or other legal entity. +      (4)   REMOTE PARKING means off-street parking provided on a lot not +occupied by the main use. +      (5)   SHARED PARKING means the use of the same off-street parking stall +to satisfy the off-street parking requirements for two or more uses. +      (6)   SHUTTLE means a vehicle used to transport patrons between the drop- +off point at the main use and the remote parking lot serving the use. +      (7)   SPECIAL PARKING means packed parking, remote parking, and shared +parking as those terms are defined in this section. +      (8)   WALKING DISTANCE means the distance from the nearest point of the +special parking lot to the nearest public entrance of the main use, measured +along the most convenient pedestrian walkway. (Ord. Nos. 19786; 21660) +SEC. 51A-4.322.   PURPOSE. +   This division provides alternatives to the standard parking and loading +regulations in Division +51A-4.300. Packed parking provides alternative dimensional requirements for +parking spaces to allow maximal parking on a lot when an attendant is used to +park vehicles. Remote parking allows an exception to the requirement that all +off-street parking be provided on the lot occupied by the main use. Shared +parking allows an exception to the requirement that no off-street parking space +for one use be included in the calculation of the parking required for any +other use. (Ord. Nos. 19786; 21660) +SEC. 51A-4.323.   PROCEDURES FOR SPECIAL PARKING APPROVAL. +   (a)   In general. All special parking must be approved by the building +official in accordance with this division. A person seeking approval of special +parking shall submit an application to the building official pursuant to +Subsection (b). +   (b)   Application. An application for special parking approval must be filed +with the building official. An application form may be obtained from the +building official. The application must include the following: +      (1)   The application fee. +      (2)   A site plan illustrating the applicable items listed in Subsection +(c). +      (3)   For packed parking, a statement describing the operational plan, +including: +         (A)   the days and hours of operation of the main use; +         (B)   staffing required to park the vehicles; and +         (C)   the location of any parking service stand. +      (4)   For remote parking: +         (A)   a map illustrating the walking distance from the special parking +to the use providing the parking; and +         (B)   if applicable, a statement pointing out the factors justifying +an extension of walking distance including discussion of the following factors: +            (i)   The type of use involved. +            (ii)   The parking demand generated by the use involved. +            (iii)   The percentage of required off-street parking that will be +provided as remote parking. +            (iv)   The availability and condition of sidewalks. +            (v)   The availability and frequency of a local shuttle or transit +service. +            (vi)   The availability of or proposal for shelters for users of +any local shuttle or transit service. +            (vii)   Any other factors that may have the effect of encouraging +patrons of the use to use or discouraging patrons of the use from using the +remote parking. +      (5)   For shared parking, a study of parking demand and accumulation +during all days and hours of operation for all uses sharing parking. +      (6)   Any other reasonable and pertinent information that the building +official determines to be necessary for special parking review. +   (c)   Site plan requisites. +      (1)   The following information must be illustrated on the site plan: +         (A)   The number of parking spaces required for each use. +         (B)   The location and dimensions of the special parking lot. +         (C)   The location and dimensions of all existing and proposed off- +street parking and loading areas, parking bays, aisles, and driveways. +         (D)   The location and dimensions of any dumpster on the special +parking lot. +         (E)   The number of cars to be accommodated in each row of parking +spaces. +         (F)   The location and dimensions of all existing streets and alleys +adjacent to the special parking lot and between the special parking lot and the +main use. +         (G)   The location of all existing easements for street purposes on +the special parking lot. +         (H)   Existing and proposed provisions for pedestrian circulation in +the area of request, including sidewalks, walkways, crosswalks, and pedestrian +plazas. +         (I)   Existing and proposed median cuts and driveways located within +250 feet of the special parking lot. +         (J)   The location and the type of any special traffic regulation +facilities proposed or required. +         (K)   A proposed landscape plan, if required elsewhere in this +chapter. +      (2)   For special parking consisting of more than 50 parking spaces, the +following additional information must be illustrated on the site plan: +         (A)   Existing and proposed points of ingress and egress and estimated +peak hour turning movements to and from existing and proposed public and +private streets and alleys adjacent to the special parking lot. +         (B)   Average daily traffic counts on streets adjacent to the special +parking lot. +         (C)   Estimated peak hour turning movements at intersections located +within 250 feet of +the special parking lot. (Ord. Nos. 19786; 21660; 30892) +SEC. 51A-4.324.   REVIEW BY THE DIRECTOR. +   (a)   Conformity with standards required. The building official shall deny +an application for special parking unless it meets all of the applicable +standards in this section. +   (b)   General standards. +      (1)   Special parking may not be located in a residential district, +except that Chapter 51 community service, religious, and educational uses, and +Chapter 51A institutional and community service uses may share parking in +residential districts on the same lot where both uses are located. +Nonresidental uses in residential districts may also use special parking if the +special parking is not located in a residential district. +      (2)   Except as otherwise expressly provided in this subsection, special +parking may not account for more than 50 percent of the off-street parking +required for any use. +      (3)   The 50 percent limitation in Paragraph (2) does not apply to: +         (A)   remote parking within a walking distance of 300 feet of the main +use; and +         (B)   shared parking on the same lot as the main use if all uses +sharing the parking have mutually exclusive hours of operation. +      (4)   Special parking must comply with all codes, ordinances, rules, and +regulations of the city. +      (5)   Special parking may not create safety hazards. +   (c)   Packed parking standards. Packed parking may not be used unless a +license is obtained pursuant to Section +51A-4.329. +   (d)   Remote parking standards. +      (1)   Walking distance. Remote parking must be located within a walking +distance of 300 feet from the use served by the remote parking unless an +extension of walking distance is approved by the building official. +      (2)   Extension of walking distance. +         (A)   The building official may extend the walking distance for remote +parking to no more than 600 feet unless the extension would: +            (i)   significantly discourage patrons of the use from using the +remote parking; +            (ii)   unreasonably endanger the safety of persons or property; or +            (iii)   not otherwise be in the public interest. +         (B)   A license is required to authorize an extension of walking +distance beyond 600 feet. (See Section +51A-4.329.) +      (3)   Signs required at main use and at parking lot. A sign must be +prominently displayed at all entrances of a remote parking lot and at all +entrances of a parking lot providing on-site parking for the main use. Each +sign must: +         (A)   illustrate or describe the location of the remote parking in +relation to the main use; +         (B)   be constructed of weather resistant material; +         (C)   be no less than 30 inches wide and 24 inches long; and +         (D)   contain clearly legible letters in a color that contrasts with +the background material of the sign. +   (e)   Shared parking standards. Uses sharing parking must have either +mutually exclusive or compatibly overlapping normal hours of operation. The +building official shall determine whether hours of operation are compatibly +overlapping on a case by case basis. (Ord. Nos. 19786; 21660; 25290; 27404) +SEC. 51A-4.325.   DECISION OF THE DIRECTOR. +   (a)   Form of decision. The decision of the building official must take one +of three forms: +      (1)   Approval, no conditions. +      (2)   Approval, subject to conditions noted. +      (3)   Denial. +   (b)   Statement of reasons. If the building official denies an application +for special parking, he shall state in writing the specific reasons for denial. +   (c)   Approval subject to conditions noted. As an alternative to denial of +an application for special parking under Section +51A-4.324(a), the building official may approve the special parking subject to +conditions noted if compliance with all conditions will eliminate what would +otherwise constitute grounds for denial. If the building official approves the +special parking subject to conditions noted, he shall state in writing the +specific requirements to be met before the special parking shall be considered +approved. +   (d)   Approval with no conditions. If there are no grounds for denial under +Section +51A-4.324(a), the building official shall approve the application for special +parking with no conditions. (Ord. Nos. 19786; 21660) +SEC. 51A-4.326.   NOTICE. +   The building official shall give written notice to the applicant of the +decision regarding the application for special parking. Notice is given by +depositing the notice properly addressed and postage paid in the United States +mail. The notice must be sent to the address shown on the application. (Ord. +Nos. 19786; 21660) +SEC. 51A-4.327.   APPEALS. +   (a)   An appeal from a decision of the building official under Section +51A-4.325 may be made to the board of adjustment. +   (b)   In considering the appeal, the sole issue before the board of +adjustment shall be whether or not the building official erred in making the +decision and, in this connection, the board shall consider the same standards +that were required to be considered by the building official in making the +decision. (Ord. Nos. 19786; 21660) +SEC. 51A-4.328.   AGREEMENT REQUIRED. +   (a)   Requisites of agreement. If the application for special parking is +approved, a special parking agreement must be executed and filed in accordance +with this section. A standard agreement form may be obtained from the building +official. The agreement must: +      (1)   be in writing; +      (2)   contain legal descriptions of the properties affected; +      (3)   set forth adequate consideration between the parties; +      (4)   specify the special parking being provided and the hours of +operation of any use involved; +      (5)   be a covenant running with the land; +      (6)   state that all parties agree to defend, indemnify, and hold +harmless the city of Dallas from and against all claims or liabilities arising +out of or in connection with the agreement; +      (7)   be governed by the laws of the state of Texas; +      (8)   be approved by the building official and be approved as to form by +the city attorney; +      (9)   be signed by all owners of the properties affected; +      (10)   be signed by all lienholders, other than taxing entities, that +have an interest in or an improvement on the properties; and +      (11)   state that it may only be amended or terminated by a subsequent +written instrument that is: +         (A)   except as otherwise provided in Subsection (b), signed by all +owners of the properties affected and by all lienholders, other than taxing +entities, that have an interest in or an improvement on the properties; +         (B)   approved by the building official; +         (C)   approved as to form by the city attorney; and +         (D)   filed and made a part of the deed records of the county or +counties in which the properties are located. +   (b)   Approval. The building official shall approve an agreement if all +properties governed by the agreement fully comply with the regulations in this +division. If all affected owners and lienholders do not sign the instrument +amending or terminating an agreement, and if all uses for which parking is +provided under the agreement demonstrate that the agreement is no longer needed +to fully comply with the off-street parking requirements in this chapter, the +building official shall approve the amending or terminating instrument without +those signatures. +   (c)   Agreement must be filed. An agreement shall not be considered +effective until a true and correct copy of the approved agreement is filed in +the deed records of the county or counties in which the properties are located +and two file-marked copies of the agreement are filed with the building +official. +   (d)   Amendment or termination of agreement. An agreement may only be +amended or terminated by a written instrument that is executed in accordance +with this subsection on a form provided by the city. +      (1)   The instrument must be: +         (A)   signed by all owners of properties affected and by all +lienholders, other than taxing entities, that have an interest in or an +improvement on the properties; +         (B)   approved by the building official; +         (C)   approved as to form by the city attorney; and +         (D)   filed and made a part of the deed records of the county or +counties in which the properties are located. +      (2)   The building official shall approve an instrument amending or +terminating a special parking agreement if: +         (A)   all uses providing parking under the agreement and all uses on +the property for which parking is provided under the agreement fully comply +with the off-street parking regulations in this chapter; or +         (B)   all uses on the property for which parking is provided under the +agreement cease to operate and terminate their certificates of occupancy. +      (3)   The amending or terminating instrument shall not be considered +effective until a true and correct copy of the approved instrument is filed in +the deed records of the county or counties in which the properties are located +and two file-marked copies of the instrument are filed with the building +official. (Ord. Nos. 19786; 21660; 22783) +SEC. 51A-4.329.   SPECIAL PARKING LICENSE. +   (a)   When a special parking license is required. +      (1)   A special parking license is required to authorize: +         (A)   packed parking; or +         (B)   an extension of the walking distance for remote parking beyond +600 feet [See Section +51A-4.324(d)]. +      (2)   Special parking licenses are issued by the building official. An +application for special parking under Section +51A-4.323 serves as an application for a license under this section. +   (b)   Conformity with standards required. The building official shall deny a +special parking license unless it meets all of the applicable standards in +Section +51A-4.324 and this section. +   (c)   Packed parking standards. +      (1)   The passenger loading and unloading area for packed parking must +have adequate means of ingress to and egress from a street or an alley. The +building official shall only consider alley access in satisfaction of this +requirement when alley access is permitted by this chapter. +      (2)   All maneuvering, parking, and loading for packed parking must be +accomplished on private property. +      (3)   The area of each packed parking space must be no less than 145 +square feet. +      (4)   An access lane that is no less than 24 feet wide must be provided +through the packed parking area. +      (5)   An attendant must be provided to park vehicles during all business +hours of the main use. +      (6)   A sign must be prominently displayed at all entrances of a packed +parking lot. Each sign must: +         (A)   state: +            (i)   that all or a portion of the lot is restricted to packed +parking serving the main use; +            (ii)   that an attendant must be provided during all business hours +of the main use; +            (iii)   the business hours of the main use; +            (iv)   a phone number specified by the building official to be used +for reporting violations of this division, including the requirement of an +attendant during all business hours of the main use; +            (v)   the phone number of the licensee; and +            (vi)   the issuance number of the licensee; +         (B)   be constructed of weather resistant material; +         (C)   be no less than 30 inches wide and 24 inches long; and +         (D)   contain clearly legible letters in a color that contrasts with +the background material of the sign. +   (d)   Standards for extension of walking distance beyond 600 feet. +      (1)   The building official shall require that either a shuttle or an +attendant be provided by the applicant as a condition to approval of an +extension of the walking distance for remote parking beyond 600 feet. +      (2)   If a shuttle is required, it must: +         (A)   transport patrons between the main use and the remote parking +lot; +         (B)   be adequately staffed during all hours of operation of the main +use; and +         (C)   have adequate seating capacity to accommodate patrons expected +to use the remote parking. +      (3)   If an attendant is required, the attendant shall drive vehicles of +patrons between the main use and the remote parking lot. +      (4)   In no event may the building official authorize remote parking to +be located beyond a walking distance of one-half mile from the main use. +   (e)   Revocation of license by building official. The building official +shall revoke a license under this division if: +      (1)   the licensee fails to comply with the requirements of the license, +this division, or other applicable law; +      (2)   the licensee made a false statement of material fact on an +application for a license under this section; or +      (3)   the building official determines that the special parking +unreasonably endangers the safety of persons or property and is not otherwise +in the public interest. +   (f)   Suspension of license by building official. If the building official +determines that a licensee has failed to comply with any regulation established +under this division, the building official may suspend the special parking +license for a definite period of time not to exceed 60 days. A licensee whose +special parking license is suspended shall not use the special parking involved +during the period of suspension. If the licensee fails to comply within the +suspension period, the building official shall revoke the license. +   (g)   Expiration of license. A special parking license expires three years +from the date of issuance, unless sooner revoked by the building official or by +the city council. +   (h)   Renewal. A special parking license may be renewed by making an +application for renewal at least 30 days before expiration of the license. If +the license renewal involves changes to the original application, a new +application for special parking approval must be submitted under Section +51A-4.323. If the license renewal does not involve changes, the request for +renewal must be filed with the building official on a form furnished by the +city for that purpose. +   (i)   Appeal of denial, suspension, or revocation of license. If the +building official refuses to issue a license to an applicant or suspends or +revokes the license of a licensee, the action of the building official is final +unless the licensee files an appeal with a permit and license appeal board in +accordance with Section +2-96 of this code. (Ord. Nos. 19786; 21660) +SEC. 51A-4.329.1.   OFFENSES. +   A person commits an offense if he operates a use: +      (1)   in violation of a special parking agreement executed and filed +pursuant to Section +51A-4.328; or +      (2)   without a valid license required under Section +51A-4.329. (Ord. Nos. 19786; 21660; 29128) +SEC. 51A-4.329.2.   REVOCATION OF CERTIFICATE OF OCCUPANCY. +   The building official shall revoke the certificate of occupancy for any use +being operated: +      (1)   in violation of a special parking agreement executed and filed +pursuant to Section +51A-4.328; or +      (2)   without a valid license required under Section +51A-4.329. (Ord. Nos. 19786; 21660; 29128) +Division 51A-4.330. Bicycle Parking Regulations. +SEC. 51A-4.331.   APPLICABILITY. +   (a)   Except as provided in Subsection (b), this section becomes applicable +to a building site when: +      (1)   an application is made for a building permit: +         (A)   for new construction; or +         (B)   to increase the floor area on a building site by 10 percent or +more or by 2,000 square feet or more, whichever is less; or +      (2)   there is a change in land use that requires an increase in off- +street parking. +   (b)   This section does not apply to: +      (1)   uses that require four or fewer off-street parking spaces; +      (2)   agricultural uses; +      (3)   utility and public service uses; +      (4)   wholesale, distribution, and storage uses; +      (5)   a mobile home park, mobile home subdivision, or campground; or +      (6)   a drive-in theater. (Ord. 29128) +SEC. 51A-4.332.   GENERAL PROVISIONS. +   (a)   Bicycle parking spaces are not permitted in a visibility triangle as +defined in Section +51A-4.602. +   (b)   Bicycle parking spaces must not impede access to a fire hydrant or +pedestrian circulation. +   (c)   Bicycle parking spaces must not reduce the unobstructed space for the +passage of pedestrians to less than the minimum required sidewalk width for +that building site. +   (d)   Bicycle parking spaces must be protected from motor vehicles to +prevent damage to parked bicycles. +   (e)   Bicycle parking spaces must be maintained in a clean, neat, and +orderly manner. +   (f)   All bicycle racks must be securely anchored. (Ord. 29128) +SEC. 51A-4.333.   SPACES REQUIRED. +   (a)   The greater of two bicycle parking spaces per building site or one +bicycle parking space per 25 required off-street parking spaces is required. +   (b)   No more than 30 bicycle parking spaces are required on any building +site. +   (c)   For every 10 bicycle parking spaces, or portion of 10 bicycle parking +spaces, provided on a building site, a minimum of two bicycle parking spaces +must be available for use by guests or visitors. +   (d)   In determining the required number of bicycle parking spaces, +fractional spaces are counted to the nearest whole number, with one half +counted as an additional space. (Ord. 29128) +SEC. 51A-4.334.   LOCATION AND DESIGN. +   (a)   All required bicycle parking spaces must be provided on the lot +occupied by the main use. +   (b)   Bicycle parking spaces exterior to a building must be a part of or +connected to a pedestrian pathway that connects to a building entrance open to +the public. +   (c)   Bicycle parking spaces exterior to a building must be clearly visible +from a primary building entrance or signs must be posted at the entrances to +the automobile parking area that indicate the location of bicycle parking. For +bicycle parking interior to a building, signs must be posted at the entrance to +the automobile parking area that indicate the location of the bicycle parking. +If signs are required to be posted at the entrances to the automobile parking +area, the signs must: +      (1)   be prominently displayed; +      (2)   illustrate or describe the location of bicycle parking spaces; +      (3)   be constructed of weather resistant material; +      (4)   be a minimum of 10 inches in width by 15 inches in height; and +      (5)   have clearly legible letters and graphics that contrast with the +background material. +   (d)   When placed parallel, bicycle racks must be spaced at least four feet +apart. +   (e)   When placed linear, bicycle racks must be spaced at least seven feet +apart. +   (f)   Class I bicycle parking must provide a minimum two-and-a-half foot by +six foot area for each bicycle parking space. +   (g)   Class I bicycle parking may be placed in the required front, side, or +rear yard. (Ord. 29128) +SEC. 51A-4.335.   WAIVERS. +   (a)   An applicant for a bicycle parking waiver shall submit an application +to the director on a form provided by the city. +   (b)   The director may waive the bicycle parking requirements only upon a +determination that: +      (1)   due to existing site constraints, meeting the requirements of this +division would: +         (A)   interfere with the minimum requirements for pedestrian or +vehicular maneuvring; or +         (B)   would otherwise be contrary to public safety; or +      (2)   the building site only has access from a roadway where riding a +bicycle is prohibited under Sections +9-6 or +28-159 of the Dallas City Code. (Ord. 29128) +Division 51A-4.340. Mechanized Parking. +SEC. 51A-4.341.   PURPOSE. +   This division provides alternatives to the standard parking and loading +regulations in Division +51A-4.300 to allow parking within a structure when an approved mechanical +system is used to park and retrieve vehicles. (Ord. 29128) +SEC. 51A-4.342.   DEFINITIONS. +   In this division: +      (1)   APERTURE AREA means the total area of window, door, and facade +openings on the exterior of any portion of a mechanized parking facility, +expressed as a percentage of the total facade area. +      (2)   ARTICULATION means any portion of the exterior of a mechanized +parking facility that includes a material change, facade openings, columns, +pilasters, or other architectural element. +      (3)   COMPATIBLE means similar in application, color, materials, pattern, +shape, size, slope, and other characteristics but does not mean identical. +      (4)   MECHANIZED PARKING means parking spaces located underground or +within a structure where a mechanical system is used to park and retrieve +vehicles. +      (5)   TRANSLUCENT means not completely clear or transparent but clear +enough to allow light to pass through while diffusing it so that persons, +objects, etc. on the inside of the structure are not visible from the exterior +of the structure. (Ord. 29128) +SEC. 51A-4.343.   PROCEDURES FOR MECHANIZED PARKING APPROVAL. +   (a)   In general. All mechanized parking must be approved by the building +official. The building official shall deny an application for mechanized +parking unless it meets all of the standards of this division. +   (b)   Application. An applicant for mechanized parking approval shall submit +an application to the building official on a form provided by the city. The +applicant must be the person who will own, control, or operate the mechanized +parking. The application must contain the following: +      (1)   The name, street address, mailing address, e-mail address, and +telephone number of the applicant or the applicant’s authorized agent. +      (2)   The street address and main telephone number, if any, of the +property where the mechanized parking will be located. +      (3)   The application fee. +      (4)   The name, street address, mailing address, e-mail address, and +telephone number of a person or persons to contact in an emergency or in case +of a malfunction. +      (5)   Building plans for the mechanized parking structure. +      (6)   An operational plan for the mechanized parking that includes the +following: +         (A)   A statement describing the staffing required to operate the +mechanized parking, if any. +         (B)   A trip generation table with a description of the main uses to +be served by the mechanized parking. +         (C)   A stacking analysis. +         (D)   A peak use analysis. +         (E)   A statement detailing how long it takes to park and retrieve a +vehicle. +         (F)   A noise generation analysis and a noise mitigation plan. +      (7)   Any other reasonable and pertinent information that the building +official determines to be necessary for mechanized parking review. (Ord. 29128) +SEC. 51A-4.344.   MECHANIZED PARKING LICENSE. +   (a)   License required. +      (1)   Mechanized parking may not be used unless a license is obtained +under this section. +      (2)   Mechanized parking licenses are issued by the building official. An +application for mechanized parking under Section +51A-4.343 serves as an application for a license under this section. +   (b)   Denial of license. The building official shall deny a mechanized +parking license unless the mechanized parking meets all of the standards in +this division. +   (c)   Suspension of license by building official. +      (1)   If the building official determines that a licensee has failed to +comply with any regulation established under this division, the building +official may suspend the mechanized parking license for a definite period not +to exceed 60 days. +      (2)   A licensee whose mechanized parking license is suspended shall not +use the mechanized parking involved during the period of suspension except to +release parked cars to drivers or owners. +      (3)   If the licensee fails to comply within the suspension period, the +building official shall revoke the license. +   (d)   Revocation of license by building official. The building official +shall revoke a mechanized parking license if: +      (1)   the licensee fails to comply with the requirements of the license, +this division, or other applicable law; +      (2)   the applicant made a false statement of material fact on an +application for a license; or +      (3)   the building official determines that the mechanized parking +unreasonably endangers the safety of persons or property or is not otherwise in +the public interest. +   (e)   Expiration of license. A mechanized parking license expires three +years from the date of issuance, unless sooner revoked by the building +official. +   (f)   Renewal. A mechanized parking license may be renewed by making an +application for renewal at least 30 days before the expiration of the license. +If the building official determines that the license renewal involves +substantive changes to the original application, a new application for +mechanized parking approval must be submitted under Section +51A-4.343. If the license renewal does not involve substantive changes, the +application for renewal must be filed with the building official on a form +furnished by the city. +   (g)   Appeal of denial, suspension, or revocation of license. If the +building official denies, suspends, or revokes a license, the action of the +building official is final unless the applicant or licensee files an appeal +with the permit license and appeal board in accordance with Section +2-96 of the Dallas City Code. (Ord. 29128) +SEC. 51A-4.345.   GENERAL STANDARDS. +   (a)   In general. Mechanized parking spaces may be counted as required +parking if the mechanized parking otherwise complies with the requirements of +this article. +   (b)   Location. Mechanized parking must be located underground or in an +enclosed above-ground parking structure. +   (c)   Compliance with approved plans required. Mechanized parking must +comply with the building plans and operational plan approved by the building +official. +   (d)   Maintenance. Mechanized parking must be maintained in a state of good +repair and operation. +   (e)   Exemption from construction and maintenance provisions. Mechanized +parking is exempt from the construction and maintenance provisions for off- +street parking in Sections +51A-4.301(d) and +51A-4.306(c), (d), and (e). The lighting requirements in Sections +51A-4.301(e) and +51A-4.306(b) apply only to the first floor of a mechanized parking facility. +   (f)   Passenger loading and unloading. +      (1)   A passenger loading and unloading area is required if the +mechanized parking facility is served by an attendant or valet. +      (2)   Passenger loading and unloading areas must comply with the +requirements of Section +51A-4.306(f) regardless of zoning district. +      (3)   The passenger loading and unloading area must have adequate means +of ingress from and egress to a street or an alley. The building official shall +only consider alley access in satisfaction of this requirement when alley +access is permitted by this chapter. +   (g)   Required stacking. +      (1)   One stacking space per every 10 mechanized parking bays is required +for a mechanized parking facility not served by an attendant or valet. +      (2)   A mechanized loading bay counts as a stacking space. +      (3)   Required stacking must comply with Section +51A-4.304. +      (4)   The building official may reduce the stacking space requirement if +the building official determines that all of the stacking spaces are not +necessary based on an analysis of the operational plan. An applicant seeking a +stacking space reduction from the building official shall provide the building +official with a report by an independent professional engineer to justify the +requested reduction. +   (h)   No use of public right-of-way. All stacking, maneuvering, parking, and +loading for mechanized parking must be accomplished on private property. +   (i)   Access lane. +      (1)   An access lane no less than 20 feet in width must be provided +outside each mechanized loading bay if the mechanized parking facility is not +fully automated. +      (2)   An applicant seeking a reduction in the required width of an access +lane from the building official shall provide the building official with a +report by an independent professional engineer to justify the requested +reduction. +      (3)   The building official may waive this requirement or reduce the +width of an access lane required under this subsection if the building official +determines that doing so will not create a traffic hazard or increase traffic +congestion on adjacent or nearby streets. +   (j)   Required signs. A sign must be prominently displayed at all entrances +of a mechanized parking facility. Each sign must: +      (1)   state the business hours of operation of the mechanized parking +facility; +      (2)   have a phone number provided by the building official to be used +for reporting violations of this division and any malfunctions of the +mechanized parking facility; +      (3)   have the phone number of the licensee; +      (4)   have the issuance number of the license; +      (5)   have a phone number for 24-hour assistance; +      (6)   be constructed of weather resistant material; +      (7)   be no less than 30 inches wide and 24 inches long; and +      (8)   have clearly legible letters in a color that contrasts with the +background material. +   (k)   Facade. +      (1)   These facade requirements apply to any portion of a building +containing mechanized parking except when accessory to a single family or +duplex use. If there is a conflict between the regulations within a zoning +district that require concealment of parking structure facades, this subsection +controls. +      (2)    An aboveground mechanized parking facility must be concealed by a +facade. It is recommended that the facade be: +         (A)   compatible in appearance with the facade of the main building it +serves, or +         (B)   compatible in appearance with other buildings within a one block +radius. +      (3)   Aperture area or articulation must be provided at a minimum of 20 +percent and a maximum of 80 percent for any street facing facade. +      (4)   Articulation must be provided at least every 30 feet, measured +horizontally and vertically. +      (5)   Except for pedestrian and vehicular entrances, the aperture area +must be screened. It is recommended that the required screening be constructed +with an opaque or translucent material that may be permeable or impermeable and +that the aperture area have no more than 36 square inches of transparent +material in any given square foot of surface and have no more than 25 percent +transparency. +      (6)   The board of adjustment may grant a special exception to the +standards in this subsection when, in the opinion of the board, the special +exception will not adversely affect neighboring property. The alternative +facade must provide adequate screening of equipment and structures and mitigate +noise. (Ord. Nos. 29128; 31607) +Division 51A-4.400. Yard, Lot, and Space Regulations. +SEC. 51A-4.401.   MINIMUM FRONT YARD. +   (a)   General provisions. +      (1)   Required front yards must be open and unobstructed except for +fences and light poles 20 feet or less in height. Except as otherwise provided +in this section, ordinary projections of window sills, belt courses, cornices, +and other architectural features may not project more than 12 inches into the +required front yard. A fireplace chimney may project up to two feet into the +required front yard if its area of projection does not exceed 12 square feet. +Cantilevered roof eaves and balconies may project up to five feet into the +required front yard. +      (2)   The front yard setback is measured from the front lot line of the +building site or the required right-of-way as determined by the thoroughfare +plan for all thoroughfares, whichever creates the greater setback. On minor +streets, the front yard setback is measured from the front lot line of the +building site or the existing right-of-way, whichever creates the greater +setback. When the city council by ordinance establishes a specific right-of-way +line for a street, the front yard setback is measured from that right-of-way +line. +      (3)   If a building line that is established by ordinance requires a +greater or lesser front yard than prescribed by this section, the building line +established by ordinance determines the minimum required front yard. +      (4)   The building official may approve a ramp that projects into the +required front yard to allow a handicapped person access to an existing single +family, duplex, or handicapped group dwelling unit use. The ramp must be +constructed with minimal encroachment and must be constructed to the applicable +accessibility standard as determined by the building official. Initial review +of a complete permit application for a ramp must be completed in 10 days. +      (5)   If a lot runs from one street to another and has double frontage, a +required front yard must be provided on both streets. If access is prohibited +on one frontage by plat or by the city, the following structures or portions of +structures in the yard along that frontage are governed by the rear yard +regulations in Section +51A-4.403: +         (A)   Swimming pools. +         (B)   Game courts. +         (C)   Fences. +         (D)   Garages. +         (E)   Accessory storage buildings. +      (6)   Except as provided in this paragraph, if a blockface is divided by +two or more zoning districts, the front yard for the entire blockface must +comply with the requirements of the district with the greatest front yard +requirement. +         (A)   If the greatest front yard is in a district with only one or +more of the following uses being conducted as a main use and having a minimum +of 80 feet of frontage, the blockface terminates at the boundary of that use: +            (i)   Utility and public service uses listed in Section +51A-4.212. +            (ii)   A railroad right-of-way. +            (iii)   A cemetery or mausoleum. +            (iv)   Recreation uses listed in Section +51A-4.208. +         (B)   In this section BLOCKFACE means: +            (i)    the distance along one side of a street between the two +nearest intersecting streets; +            (ii)   where a street deadends, the distance along one side of a +street between the nearest intersecting street and the end of the deadend +street; or +            (iii)   where a street centerline contains a change of direction +greater than 45 degrees, the distance along one side of a street between either +the nearest intersecting street or the deadend and the point determining the +angle of the change of direction. +      (7)   Reserved. +      (8)   The minimum front yard requirements in a planned development +district are controlled by the planned development district regulations. +      (9)   In an A(A), multifamily, MH(A), office, retail, CS, LI, IR, IM, +central area, mixed use, or multiple commercial district, the board of +adjustment may allow a special exception from the front yard requirements of +this section to permit the erection of a permanently constructed porte-cochere, +covered walkway, or canopy if the structure is rectilinear in shape and does +not exceed 25 feet in width at the building line, and if the board finds that +the structure will not adversely affect neighboring property. +   (b)   Front yard provisions for residential districts. +      (1)   If a corner lot in a single family, duplex, or agricultural +district has two street frontages of equal distance, one frontage is governed +by the front yard regulations of this section, and the other frontage is +governed by the side yard regulations in Section +51A-4.402. If the corner lot has two street frontages of unequal distance, the +shorter frontage is governed by this section, and the longer frontage is +governed by side yard regulations in Section +51A-4.402. Notwithstanding this provision, the continuity of the established +setback along street frontage must be maintained. +      (2)   Reserved. +      (3)   If a TH or TH(A) district abuts another residential district in the +same blockface and fronts on the same side of the street, the residential +district with the greater front yard requirement determines the minimum front +yard. The minimum front yard for the residential district with the greater +front yard requirement must extend at least 150 feet into the TH or TH(A) +district. +      (4)   through (7) Reserved. +   (c)   Special exception for carports. +      (1)   The board may grant a special exception to the minimum front yard +requirements in this section for a carport for a single family or duplex use +when, in the opinion of the board: +         (A)   there is no adequate vehicular access to an area behind the +required front building line that would accommodate a parking space; and +         (B)   the carport will not have a detrimental impact on surrounding +properties. +      (2)   In determining whether to grant this special exception, the board +shall consider the following factors: +         (A)   Whether the requested special exception is compatible with the +character of the neighborhood. +         (B)   Whether the value of surrounding properties will be adversely +affected. +         (C)   The suitability of the size and location of the carport. +         (D)   The materials to be used in construction of the carport. +      (3)   Storage of items other than motor vehicles is prohibited in a +carport for which a special exception has been granted under this subsection. +   (d)   Special exception for tree preservation. +      (1)   The board may grant a special exception to the minimum front yard +requirements in this section to preserve an existing tree. +      (2)   In determining whether to grant this special exception, the board +shall consider the following factors: +         (A)   Whether the requested special exception is compatible with the +character of the neighborhood. +         (B)   Whether the value of surrounding properties will be adversely +affected. +         (C)   Whether the tree is worthy of preservation. +   (e)   Schedule of minimum front yards. +      (1)   Except as provided in this section, a person shall not erect, +alter, convert, or maintain a structure or part of a structure in violation of +the minimum front yard requirements in the district regulations (Divisions +51A-4.100 et seq.). A schedule of minimum front yards is provided in Section +51A-4.410. (Ord. Nos. 19455; 19786; 20236; 21186; 21290; 22053; 26531; 30895; +30932) +SEC. 51A-4.402.   MINIMUM SIDE YARD. +      (1)   Required side yards must be open and unobstructed except for fences +and light poles 20 feet or less in height. Except as otherwise provided in this +section, ordinary projections of window sills, belt courses, cornices, and +other architectural features may not project more than 12 inches into the +required side yard. A fireplace chimney may project up to two feet into the +required side yard if its area of projection does not exceed 12 square feet. +Roof eaves may project up to three feet into the required side yard. Balconies +may not project into the required side yard. +      (2)   The side yard setback is measured from the side lot line of the +building site, except when a front yard is treated as a side yard, the setback +is measured from the lot line or the required right-of-way as determined by the +thoroughfare plan for all thoroughfares, whichever creates the greater setback. +On minor streets, the setback is measured from the lot line or the existing +right-of-way, whichever creates the greater setback. +         (A)   When city council by ordinance establishes a specific right-of- +way line for a street, the required setback is measured from that right-of-way +line. +      (3)   Reserved. +      (4)   A unitary air conditioning unit may be located in the required side +yard, but not nearer than three feet to the property line. +      (5)   The building official may approve a ramp that projects into the +required side yard to allow a handicapped person access to an existing single +family, duplex, or handicapped group dwelling unit use. The ramp must be +constructed with minimal encroachment and must be constructed to the applicable +accessibility standard as determined by the building official. Initial review +of a complete permit application for a ramp must be completed in 10 days. +   (b)   Side yard provisions for residential districts. +      (1)   In a single family district, one required side yard may be reduced +below the setback required in this section, if the other side yard is increased +to at least double the side yard required in this section, subject to the +following conditions: +         (A)   The minimum side yard between structures on contiguous lots must +not be less than the minimum side yard required in this section. +         (B)   To reduce the required side yard, a subdivision plat must be +approved by the commission and filed with the county clerk showing the location +of all building lines, and showing the proposed distances between the building +lines and property lines, streets lines and alley lines. +         (C)   A person may not erect an accessory structure except for a +swimming pool and its appurtenances in the double side yard. +      (2)   Reserved. +      (3)   In a residential district, a person need not provide a side yard +setback for a structure accessory to a residential use, including a generator, +if the structure: +         (A)   does not exceed 15 feet in height; and +         (B)   is located in the rear 30 percent of the lot. +Note: This paragraph does not apply to a front yard governed by the side yard +regulations in Section +51A-4.402 (such as a front yard treated as a side yard on a corner lot). +      (4) through (6) Reserved. +   (c)   Special exception for carports. +      (1)   The board may grant a special exception to the minimum side yard +requirements in this section for a carport for a single family or duplex use +when, in the opinion of the board, the carport will not have a detrimental +impact on surrounding properties. +      (2)   In determining whether to grant this special exception, the board +shall consider the following factors: +         (A)   Whether the requested special exception is compatible with the +character of the neighborhood. +         (B)   Whether the value of surrounding properties will be adversely +affected. +         (C)   The suitability of the size and location of the carport. +         (D)   The materials to be used in construction of the carport. +      (3)   Storage of items other than motor vehicles is prohibited in a +carport for which a special exception has been granted under this subsection. +   (d)   Special exception for tree preservation. +      (1)   The board may grant a special exception to the minimum side yard +requirements in this section to preserve an existing tree. +      (2)   In determining whether to grant this special exception, the board +shall consider the following factors: +         (A)   Whether the requested special exception is compatible with the +character of the neighborhood. +         (B)   Whether the value of surrounding properties will be adversely +affected. +         (C)   Whether the tree is worthy of preservation. +   (e)   Schedule of minimum side yards. +      (1)   Except as provided in this section, a person shall not erect, +alter, convert, or maintain a structure or part of a structure in violation of +the minimum side yard requirements in the district regulations (Divisions +51A-4.100 et seq.). A schedule of minimum side yards is provided in Section +51A-4.410. (Ord. Nos. 19455; 20236; 21186; 21290; 22053; 30895) +SEC. 51A-4.403.   MINIMUM REAR YARD. +   (a)   General provisions. +      (1)   Required rear yards must be open and unobstructed except for +fences. Except as otherwise provided in this section, ordinary projections of +window sills, belt courses, cornices, and other architectural features may not +project more than 12 inches into the required rear yard. A fireplace chimney +may project up to two feet into the required rear yard if its area of +projection does not exceed 12 square feet. Roof eaves may project up to three +feet into the required rear yard. Balconies may not project into the required +rear yard. +      (2)   The rear yard setback is measured from the rear lot line of the +building site. +      (3)   Reserved. +      (4)   The building official may approve a ramp that projects into the +required rear yard to allow a handicapped person access to an existing single +family, duplex, or handicapped group dwelling unit use. The ramp must be +constructed with minimal encroachment and must be constructed to the applicable +accessibility standard as determined by the building official. Initial review +of a complete permit application for a ramp must be completed in 10 days. +   (b)   Rear yard provisions for residential districts. +      (1)   Reserved. +      (2)   In a residential district, a person need not provide a full rear +yard setback for a structure accessory to a residential use, including a +generator, if the structure does not exceed 15 feet in height. Where the rear +yard is adjacent to an alley, a three-foot setback must be provided. Where the +rear yard is not adjacent to an alley, no setback is required. +   (c)   Reserved. +   (d)   Special exception for tree preservation. +      (1)   The board may grant a special exception to the minimum rear yard +requirements in this section to preserve an existing tree. +      (2)   In determining whether to grant this special exception, the board +shall consider the following factors: +         (A)   Whether the requested special exception is compatible with the +character of the neighborhood. +         (B)   Whether the value of surrounding properties will be adversely +affected. +         (C)   Whether the tree is worthy of preservation. +   (e)   Schedule of minimum rear yards. +      (1)   Except as provided in this section, a person shall not erect, +alter, convert, or maintain a structure or part of a structure in violation of +the minimum rear yard requirements in the district regulations (Divisions +51A-4.100 et seq.). A schedule of minimum rear yards is provided in Section +51A-4.410. (Ord. Nos. 19455; 20236; 20440; 22053; 30895) +SEC. 51A-4.404.   MINIMUM LOT AREA FOR RESIDENTIAL USE. +   (a)   General provisions. +      (1)   A person shall not reduce a lot below the minimum area requirements +of this section, unless: +         (A)   the lot is replatted for a community unit development; or +         (B)   the city or other governmental agency reduces the lot size by +widening an abutting street. In this situation the minimum lot area is computed +on the basis of the original lot size before the street widening. +      (2)   The area requirements in a planned development district are +controlled by the planned development district regulations. +   (b)   Reserved. +   (c)   Schedule of minimum lot area for residential use. +      (1)   Except as otherwise provided in this section, a person shall not +erect, alter, or convert any residential structure or part of a structure to +have a smaller lot area than is allowed in the district regulations (Divisions +51A-4.100 et seq.). A schedule of minimum lot area for residential use is +contained in Section +51A-4.410. (Ord. 19455) +SEC. 51A-4.405.   MINIMUM LOT WIDTH FOR RESIDENTIAL USE. +   (a)   General provisions. +      (1)   A person may not reduce a lot below the minimum width requirements +of this section, unless: +         (A)   the lot is platted for a community unit development; or +         (B)   the city or other governmental agency reduces the lot size by +widening an abutting street. In this situation the minimum lot width is +computed on the basis of the original lot size before widening. +      (2)   The lot width requirements in a planned development district are +controlled by the planned development district regulations. +   (b)   The minimum lot width for residential use is 10 feet. (Ord. Nos. +19455; 24731) +SEC. 51A-4.406.   MINIMUM LOT DEPTH FOR RESIDENTIAL USE. +   (a)   General provisions. +      (1)   A person may not reduce a lot below the minimum depth requirements +of this section, unless: +         (A)   the lot is platted for a community unit development; or +         (B)   the city or other governmental agency reduces the lot size by +widening an abutting street. In this situation the minimum lot depth is +computed by the original lot size before the street widening. +      (2)   The depth requirements in a planned development district are +controlled by the planned development district regulations. +   (b)   The minimum lot depth for residential use is 10 feet. (Ord. Nos. +19455; 24731) +SEC. 51A-4.407.   MAXIMUM LOT COVERAGE. +   (a)   General provisions. +      (1)   In single family, duplex, townhouse, MF- 1(A), MF-1(SAH), MF-2(A), +MF-2(SAH), MF-3(A), MH(A), NO(A), and NS(A) districts, institutional buildings +may cover a maximum of 60 percent of the lot. +      (2)   Reserved. +      (3)   The maximum lot coverage requirements in a planned development +district are controlled by the planned development district regulations. +      (4)   Reserved. +   (b)   Reserved. +   (c)   Schedule of maximum lot coverage. +      (1)   Except as otherwise provided in this section, a person shall not +erect, alter, or convert any structure or part of a structure to cover a +greater percentage of a lot than is allowed in the district regulations +(Divisions +51A-4.100 et seq.). A schedule of maximum lot coverage is contained in Section +51A-4.410. (Ord. 19455) +SEC. 51A-4.408.   MAXIMUM BUILDING HEIGHT. +   (a)   Special height provisions. +      (1)   Structures for utility and public service uses and institutional +uses may be erected to any height consistent with the Federal Aviation +Administration air space limitations, residential proximity slope height +restrictions, and the building code. Exceptions: +         (A)��  No portion of a structure that exceeds the maximum structure +height specified in the district regulations (Divisions +51A-4.100 et seq.) may be located above a residential proximity slope. See +Section +51A-4.412. +         (B)   Local utility transmission and distribution lines and supporting +structures are exempt from residential proximity slope height restrictions. +         (C)   A mounted cellular antenna, as defined in Paragraph +51A-4.212(10.1), attached to a utility structure is exempt from residential +proximity slope height restrictions if the utility structure is greater than 65 +feet in height. For purposes of this subparagraph, a utility structure means an +electrical transmission distribution tower, an elevated water storage tank, and +any other structure operated by a municipality, a transit authority, or a +certificated, franchised, or licensed utility company in connection with +provision of the utility. +         (D)   A tower/antenna for cellular communication, as defined in +Paragraph 51A-4.212(10.1), is exempt from residential proximity slope height +restrictions if a specific use permit is required, or if a modification to an +existing tower/antenna for cellular communication use is modified in a manner +that does not substantially change the physical dimensions of the existing +tower/antenna for cellular communication or its auxiliary building. A +modification substantially changes the physical dimensions of an existing +tower/antenna for cellular communication or its auxiliary building if it meets +any of the criteria listed in 47 C.F.R. §1.40001(b)(7), as amended. +      (2)   In a district in which building height is limited to 36 feet or +less, the following structures may project a maximum of 12 feet above the +maximum structure height specified in the district regulations (Divisions +51A-4.100 et seq.): +         (A)   Structures on top of a building: +            (i)   Elevator penthouse or bulkhead. +            (ii)   Mechanical equipment room. +            (iii)   Cooling tower. +            (iv)   Tank designed to hold liquids. +            (v)   Ornamental cupola or dome. +            (vi)   Skylights. +            (vii)   Clerestory. +            (viii)   Visual screens which surround roof mounted mechanical +equipment. +            (ix)   Chimney and vent stacks. +            (x)   Amateur communications tower. +            (xi)   Parapet wall, limited to a height of four feet. +         (B)   Structures at grade level: +            (i)   Amateur communications tower. +Note: The heights allowed in Subsection (a)(2) are subject to any residential +proximity slope height restrictions that may be contained in the district +regulations for a particular district. (See Divisions +51A-4.100 et seq.). +      (3)   The maximum building height requirements in a planned development +district are controlled by the planned development district regulations. +      (4)   In single family, duplex, townhouse, MF- 1(A), MF-1(SAH), MF-2(A), +and MF-2(SAH) districts: +         (A)   no dormer eaves may project above the maximum structure height +specified in the district regulations (Divisions +51A-4.100 et seq.); and +         (B)   the highest point of a structure with a gable, hip, gambrel, or +dome roof may not project more than 12 feet above the maximum height specified +in the district regulations (Divisions +51A-4.100 et seq.). +   (b)   Schedule of maximum building heights. Except as otherwise provided in +this section, a person shall not erect, alter, or convert any structure or part +of a structure to exceed the maximum height standards in the district +regulations (Divisions +51A-4.100 et seq.). A schedule of maximum building heights is contained in +Section +51A-4.410. +   (c)   FAA Height Restrictions. To protect navigable airspace, no structure +shall be erected, altered, or maintained at a height in excess of limits +established by Federal Aviation Administration regulations. (Ord. Nos. 19455; +20037; 21663; 22639; 24543; 26578; 28072; 29984) +SEC. 51A-4.409.   MAXIMUM FLOOR AREA RATIO. +   (a)   General provisions. +      (1)   Reserved. (Repealed by Ord. 20361) +      (2)   A basement is not counted in the computation of floor area ratio. +      (3)   The maximum floor area ratio requirements in a planned development +district are controlled by the planned development district regulations. +      (4) through (7) Reserved. +   (b)   Schedule of maximum floor area ratio. +      (1)   Except as otherwise provided in this section, a person shall not +erect or alter any structure or part of a structure to exceed the maximum floor +area ratio in the district regulations (Divisions +51A-4.100 et seq.). A schedule of maximum floor area is contained in Section +51A-4.410. (Ord. Nos. 19455; 20361) +SEC. 51A-4.410.   SCHEDULE OF YARD, LOT, AND SPACE REGULATIONS. +   The following charts comprise the schedule of yard, lot, and space +regulations for purposes of this division. In the event of a conflict between +this schedule and the text of the district regulations (Divisions +51A-4.100 et seq.), the text of the district regulations controls. (Ord. 19455) +NOTE: The yard, lot, and space charts on the following pages have not been +formally adopted by the city council; they are prepared by the city staff and +are intended for use as a guide only. It is necessary to see the text of this +chapter for specific regulations. In the event of a conflict between the yard, +lot, and space charts and the text of this chapter, the text of this chapter +controls. +To view a PDF of the schedules found below, please click HERE +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-89.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-91.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-93.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-95.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-97.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-99.png] +SEC. 51A-4.411.   SHARED ACCESS DEVELOPMENT. +   (a)   Purpose. Traditional single family lots front on a street and have a +rectangular shape. New developments have been platted with a minimal frontage +on a street, and have access to the street from a shared driveway. This section +is designed to address the issues specific to these non-traditional lots. +   (b)   Definitions. +      (1)   SHARED ACCESS AREA means that portion of a shared access +development that fronts on a public or private street and provides access to +individual lots within the shared access development. +      (2)   SHARED ACCESS DEVELOPMENT means a development where one or more of +the lots within the development do not front on a public or private street, +where access to the lots within the development is provided via a shared access +area and that meets all of the requirements of this section. +      (3)   SHARED ACCESS POINT means that portion of a shared access +development where the shared access area provides vehicular access to a public +or private street. +   (c)   Shared access development requirements. +      (1)   A shared access development is created by platting no less than +three and no more than 36 individual lots. Adjacent shared access developments +may not be connected or combined to exceed the 36 lot maximum. +      (2)   A shared access development must be restricted by plat to single +family use. +      (3)   No building permit may be issued to authorize work in a shared +access development until the plat and the shared access area agreement have +been recorded in the real property records of the appropriate county, all +requirements of the shared access area have been met, and the director has +corrected the appropriate zoning map in the offices of the city secretary, the +building official, and the department to reflect the restriction to single +family use. +      (4)   A shared access development may not be platted as a community unit +development (CUD). +   (d)   Shared access area requirements. +      (1)   Design and lighting of the shared access area must be approved by +the director. +      (2)   Water and wastewater mains must be installed in accordance with +applicable ordinances. +      (3)   Design and location of interior traffic control devices must be +approved by the traffic engineer. +      (4)   The fire protection standards in the Dallas Fire Code must be +followed. +      (5)   The geometrics of the shared access area must be designed to +provide appropriate access for passenger, delivery, emergency, and maintenance +vehicles and with a minimum height clearance of 18 feet above the surface of +the shared access area. +      (6)   The shared access area must be shown on the plat of the shared +access development. +      (7)   The shared access area must front on a public or private street +(not an alley), have a minimum width of 20 feet, and have a minimum pavement +width of 16 feet. +      (8)   If a guard house is provided, it must be at least 30 feet from the +shared access point. +      (9)   If a shared access area entrance is closed at any time, it must be +constructed to permit opening of the entrance in emergencies by boltcutters or +breakaway panels. +      (10)   A shared access area may serve no more than 18 dwelling units per +shared access point. No more than two shared access points may serve a shared +access development. +   (e)   Written agreement requirements. A shared access development must be +regulated by a written shared access agreement that: +      (1)   reflects adequate consideration; +      (2)   contains legal descriptions of the individual lots within the +shared access development, and of the shared access area; +      (3)   is signed by all owners and lienholders of property in the shared +access development and is binding on lienholders by a subordination clause; +      (4)   is approved by the building official; +      (5)   is approved as to form by the city attorney; +      (6)   creates a covenant running with the land (the document may be in +any of several forms, including but not limited to, an access easement; a unity +agreement; deed restrictions; or homeowners’ association’s covenants, +conditions, and restrictions); +      (7)   provides that the owners of property in the shared access +development are responsible for lighting, maintenance, and cleaning of the +shared access area, and where appropriate, the installation and maintenance of +interior traffic control devices; +      (8)   provides necessary easements in the shared access area for the +benefit of the individual lots in the shared access development for utilities, +storm water drainage, fire protection, lighting, traffic control, government +and emergency vehicle access, mail service, meter-reading access, vehicular and +pedestrian access, parking, and deliveries; +      (9)   gives the city the right, but not the obligation, to take any +action needed to make necessary repairs or improvements within the shared +access area, and to place a lien on all lots within the shared access +development until the city has received full compensation for that action; +      (10)   provides that the owners of property in the shared access +development agree to defend and indemnify the city, and to hold the city +harmless from and against all claims or liabilities arising out of or in +connection with the shared access development, shared access area, or shared +access agreement; +      (11)   provides that it is governed by the laws of the State of Texas; +      (12)   provides that it may only be amended or terminated: +         (A)   with the consent of all the owners and lienholders of property +in the shared access development; and +         (B)   after approval as to form by the city attorney, and approval by +the director; and +      (13)   provides for the installation, maintenance, and repair of +utilities, including electric, water, sewage, and communications located within +the shared access area. +   (f)   Code compliance requirements. +      (1)   All code requirements must be met individually by each lot in the +shared access development, unless otherwise specified in this subsection. +      (2)   The shared access development is treated as one lot for purposes of +compliance with the front, side, and rear yard regulations, applicable +landscape regulations, and any prohibition against parking in a front yard. For +example, the front yard of the shared access development as a whole determines +whether the front yard setback is in compliance with the zoning district +regulations, and the individual lots within the shared access development are +not individually required to meet front yard setback requirements. +      (3)   Each lot within the shared access development must meet the minimum +lot area requirement for the zoning district in which it is located. In +multifamily districts, the lot area of individual lots may be up to 20 percent +less than the minimum lot area requirement if the average lot area of all lots +within the shared access development equals or exceeds the minimum lot area +requirement. +      (4)   In all districts other than multifamily districts, the shared +access area may not be used to satisfy minimum lot area requirements or +determine lot coverage. +      (5)   See Section +51A-10.125(a)(2) for landscape regulations applicable to shared access +developments. +   (g)   Guest parking requirements. In addition to any parking spaces required +for each dwelling unit, shared access developments must provide 0.25 unassigned +spaces available for use by visitors and residents for each dwelling unit. +Guest parking spaces must be located where they will not impede access from any +other guest parking space or dwelling unit to the shared access point. (Ord. +Nos. 24731; 25047; 26333; 28073) +SEC. 51A-4.412.   RESIDENTIAL PROXIMITY SLOPE. +   (a)   Definitions of general terms. In this section: +      (1)   PRIVATE PROPERTY means any property not dedicated to public use, +except that “private property” does not include the following: +         (A)   A private street or alley. +         (B)   Property on which a utility and public service use listed in +Section +51A-4.212 is being conducted as a main use. +       �� (C)   A railroad right-of-way. +         (D)   A cemetery or mausoleum. +      (2)   RESTRICTED BUILDING OR STRUCTURE means the building or structure +whose height is restricted by a residential proximity slope. +      (3)   SITE OF ORIGINATION means any private property in: +         (A)   an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), +MF-2, MF-2(A), or MF- 2(SAH) district; or +         (B)   an identifiable portion of a planned development or conservation +district, which portion is restricted to residential uses not exceeding 36 feet +in height. See the sections in this chapter governing planned development and +conservation districts for specific guidance as to how to treat identifiable +portions of those districts. +   (b)   Residential proximity slope defined. The residential proximity slope +is a plane projected upward and outward from every site of origination as +defined in Subsection (a). Specifically, the slope is projected from the line +formed by the intersection of: +      (1)   the vertical plane extending through the boundary line of the site +of origination; and +      (2)   the grade of the restricted building or structure. +   (c)   Angle and extent of projection. The angle and extent of projection of +the residential proximity slope depends on the zoning category of the site of +origination as follows: +  +ZONING CATEGORY ANGLE OF PROJECTION EXTENT +R, R(A), D, D(A), TH, and TH 18.4° (1 to 3 slope)Infinite. +(A) +CH, MF-1, MF-1(A), MF-2, and Terminates at a horizontal +MF-2(A) 45° (1 to 1 slope) distance of 50 feet from the + site of origination. +  +   (d)   Calculation of height restrictions. The horizontal distances used to +calculate the height restrictions imposed by the residential proximity slope +may be determined by using the lot, block, and right-of-way dimensions as shown +on the official plat or zoning maps of the city, or by scale measurement of the +distances on such official maps. All dimensions and methodology used in +determining the distance measurement are subject to the approval of the +building official. +   (e)   Exemption. Certain structures are exempt from the residential +proximity slope. See Section +51A-4.408. (Ord. Nos. 19455; 19786; 20308; 21663; 26578) +Division 51A-4.500. Overlay and Conservation District Regulations. +SEC. 51A-4.501.   HISTORIC OVERLAY DISTRICT. +   (a)   Purpose. The purpose of this section is to promote the public health, +safety and general welfare, and: +      (1)   to protect, enhance and perpetuate places and areas which represent +distinctive and important elements of the city’s historical, cultural, social, +economic, archeological, paleontological, ethnic, political and architectural +history; +      (2)   to strengthen the economy of the city; +      (3)   to increase public knowledge and appreciation of the city’s +historic past and unique sense of place; +      (4)   to foster civic and neighborhood pride and a sense of identity; +      (5)   to promote the enjoyment and use of historic resources by the +people of the city; +      (6)   to preserve diverse architectural styles, patterns of development, +and design preferences reflecting phases of the city’s history; +      (7)   to create a more livable urban environment; +      (8)   to enhance property values; +      (9)   to provide financial incentives for preservation; +      (10)   to protect and enhance the city’s attraction to tourists and +visitors; +      (11)   to resolve conflicts between the preservation of historic +resources and alternative land uses; +      (12)   to integrate historic preservation into public and private land +use planning; +      (13)   to conserve valuable resources through use of the existing +building environment; +      (14)   to stabilize neighborhoods; +      (15)   to increase public awareness of the benefits of historic +preservation; +      (16)   to maintain a harmony between new and historic structures so that +they will be compatible in scale, form, color, proportion, texture and +material; and +      (17)   to encourage public participation in identifying and preserving +historic resources. +   (b)   Establishment of historic overlay districts. A historic overlay +district may be established to preserve places and areas of historical, +cultural, or architectural importance and significance if the place or area has +three or more of the following characteristics: +      (1)   History, heritage and culture: Represents the historical +development, ethnic heritage or cultural characteristics of the city, state, or +country. +      (2)   Historic event: Location as or association with the site of a +significant historic event. +     ��(3)   Significant persons: Identification with a person or persons who +significantly contributed to the culture and development of the city, state, or +country. +      (4)   Architecture: Embodiment of distinguishing characteristics of an +architectural style, landscape design, method of construction, exceptional +craftsmanship, architectural innovation, or contains details which represent +folk or ethnic art. +      (5)   Architect or master builder: Represents the work of an architect, +designer or master builder whose individual work has influenced the development +of the city, state, or country. +      (6)   Historic context: Relationship to other distinctive buildings, +sites, or areas which are eligible for preservation based on historic, +cultural, or architectural characteristics. +      (7)   Unique visual feature: Unique location of singular physical +characteristics representing an established and familiar visual feature of a +neighborhood, community or the city that is a source of pride or cultural +significance. +      (8)   Archaeological: Archaeological or paleontological value in that it +has produced or can be expected to produce data affecting theories of historic +or prehistoric interest. +      (9)   National and state recognition: Eligible for or designated as a +National Historic Landmark, Recorded Texas Historic Landmark, State +Archeological Landmark, American Civil Engineering Landmark, or eligible for +inclusion in the National Register of Historic Places. +      (10)   Historic education: Represents an era of architectural, social, or +economic history that allows an understanding of how the place or area was used +by past generations. +   (c)   Historic designation procedure and predesignation moratorium. +      (1)   Purpose. Temporary preservation of the status quo upon initiation +of the historic designation procedure is necessary to allow time to evaluate +each proposed historic overlay district, to consider appropriate preservation +criteria, and to prevent circumvention of the purposes of this section. Relief +from the predesignation moratorium may be obtained by applying for a +predesignation certificate of appropriateness or certificate for demolition or +removal. +      (2)   Initiation of historic designation procedure. +         (A)   The procedure for adopting an ordinance to establish or amend a +historic overlay district may be initiated by five members of the city council, +three members of the city plan commission, one member of the landmark +commission for an individual property and three members of the landmark +commission for an expansion of an existing district or creation of a new +district, or by the owner(s) of the property. +            (i)   Statement of intent for historic designation. The five city +council members, three city plan commissioners, or one landmark commissioner if +it is an individual property, or three landmark commissioners if it is an +expansion of an existing district or creation of a new district, must prepare +and present a statement of intent for historic designation at the public +hearing to initiate the historic designation procedure. The purpose of the +statement of intent for historic designation is to provide justification of the +action under consideration. The statement of intent must be provided to the +property owner(s) at the time the agenda for the meeting is posted. The +statement of intent of historic designation must contain the following: +               (aa)   List of characteristics on which the initiation is based; +               (bb)   A brief description of the historical significance of the +potential building, site, district or expansion; +               (cc)   Purpose of the proposed designation; and +               (dd)   For district expansions, a statement including the +history and timeline of the existing district designation process and +information on why the expansion area was not originally included with the +initial district designation, if available. +            (ii)   Procedure for individual properties. The procedure to +designate an individual property requires a minimum of one public hearing of +the initiating body. The purpose of the hearing is to determine whether +sufficient information is presented to initiate the historic designation +procedure. +         (iii)   Procedures for expansions and new districts. +            (aa)   The procedure to expand an existing district or create a new +district involves a minimum of two public hearings and a community meeting. The +purpose of the first public hearing is to determine whether enough information +is presented to consider a historic designation. This first public hearing does +not initiate the historic designation procedure. If the city council, the city +plan commission, or the landmark commission determines that sufficient +information has been presented in the statement of intent for historic +designation for consideration, the department shall conduct a community +meeting. The purpose of the community meeting is for the proposing +commissioners or city council members to present the statement of intent for +historic designation to the property owners, neighbors, and interested parties +to the proposed initiation, and to provide an opportunity for public comment. +The meeting must be held at a facility open to the public within the +neighborhood of the proposed historic district. The information presented must +include the following: +               (I)   Statement of intent for historic designation; +               (II)   List of potential impacts of historic preservation; +               (III)   List of neighborhood planning concerns and goals; and +               (IV)   Any other information that may be relevant. +            (bb)   Prior to the second public hearing to initiate the historic +designation procedure, the proposing commissioners or city council members must +revise the statement of the intent for historic designation. The revised +statement of intent must include the following, as applicable: +               (I)   original statement of intent; +               (II)   transcription of the community meeting; +               (III)   benefits and incentives of preservation; +               (IV)   additional neighborhood planning goals; +               (V)   concepts for additional development incentives paired with +historic preservation; +               (VI)   summary of concerns; and +               (VII)   summary of economic incentives available to the property +owners such as city of Dallas historic tax exemption, tax increment financial +districts, and federal or state opportunities. +               (VIII)   statement reflecting the property owner(s) position, if +available. +               The purpose of the second public hearing is to review the +revised statement of intent and determine whether sufficient information is +presented to initiate the historic designation procedure. +         (B)   The director shall provide property owners with notice of a +public hearing to initiate the historic designation procedure, a statement that +describes the impact that a historic designation of the owner's property may +have on the owner and the owner's property, and information about the process +at least 15 days before the date set for the initial hearing using the +procedure outlined in Section +51A-4.701(a)(1). The historic designation impact statement must include the +following: +            (i)   regulations that may be applied to any structure on the +property after the designation; +            (ii)   procedures for the designation; +            (iii)   tax benefits that may be applied to the property after the +designation; and +            (iv)   rehabilitation or repair programs that the city offers for a +property designated as historic. +         (C)   No permits to alter or demolish the property may be issued after +provision of this notice until action is taken at that initial hearing by the +city council, city plan commission, or landmark commission. +         (D)   The historic designation procedure is considered to be initiated +immediately when the city council, the city plan commission, or the landmark +commission votes to initiate it or, in the case of initiation by the property +owner(s), when the zoning change application is filed with the director. +      (3)   Appeal. If the historic designation procedure is initiated by the +landmark commission or the city plan commission, the property owner may appeal +the initiation to the city council by filing a written notice with the director +within 15 days after the action of the landmark commission or city plan +commission. The written notice must include why the property owner thinks the +criteria used to justify the initiation does not apply. Within 90 days after +the filing of the appeal or 180 days after filing the appeal, if a 90 day +extension is requested by the property owner within 45 days of filing the +initial written notice of appeal with the director, the director and the chair +of the landmark commission shall present the statement of intent for historic +designation if it is an individual property, or the revised statement of intent +for historic designation if it is an expansion or new district to the city +council. After submission of the statement of intent for historic designation +if it is an individual property, or revised statement of intent for historic +designation if it is an expansion or new district, the city council shall hold +a public hearing on the appeal. The sole issue on appeal is whether the +landmark commission or city plan commission erred in evaluating the +significance of the property based on the characteristics listed in Section +51A-4.501(b). Appeal to the city council constitutes the final administrative +remedy. +      (4)   Enforcement. Upon initiation of the historic designation procedure, +the historic preservation officer shall immediately notify the building +official. The building official shall not accept any application for a permit +to alter, demolish, or remove the structure or site subject to the +predesignation moratorium, unless a predesignation certificate of +appropriateness or certificate for demolition or removal has been issued. +      (5)   Designation report. Upon initiation of the historic designation +procedure, the historic preservation officer shall coordinate research to +compile a written report regarding the historical, cultural, and architectural +significance of the place or area proposed for historic designation. This +report must include a statement on each of the following to the extent that +they apply: +         (A)   A listing of the architectural, archaeological, paleontological, +cultural, economic, social, ethnic, political, or historical characteristics +upon which the nomination is based; +         (B)   A description of the historical, cultural, and architectural +significance of the structures and site; +         (C)   A description of the boundaries of the proposed historic overlay +district, including subareas and areas where new construction will be +prohibited; and +         (D)   Proposed preservation criteria for the proposed historic overlay +district. +      (6)   Designation procedure. For purposes of Section +51A-4.701, "Zoning Amendments," once the designation report has been voted on +by the landmark commission, the designation shall be treated as a city plan +commission authorized public hearing and may not be appealed to city council if +the city plan commission recommends denial. The notice of authorization in +Section +51A-4.701(a)(1) is not required. +      (7)   Historic designation. The city may not designate a property a +historic district unless: +         (A)   the owner of the property consents to the designation; or +         (B)   the designation is approved by a three-fourths vote of: +            (i)   the landmark commission; +            (ii)   the city plan commission; and +            (iii)   the city council. +         (C)   The owner of the property may withdraw consent at any time +during the designation process by filing a written notice with the director. +         (D)   If the property is owned by an organization that qualifies as a +religious organization under Section 11.20 of the Texas Tax Code, the city may +designate the property as a historic district only if the organization consents +to the designation. +      (8)   Computation of time. +         (A)   Unless otherwise provided in this paragraph, computing any +period of time prescribed in this subsection shall be in accordance with +Section +1-5 of the Dallas City Code. +         (B)   If the last day of any period is a Saturday, Sunday, or official +holiday observed by the city, the period is extended to include the next day +that is not a Saturday, Sunday, or official holiday observed by the city. +         (C)   Except as otherwise specified, time periods will be calculated +based on calendar days. +      (9)   Termination of the predesignation moratorium. The predesignation +moratorium ends on the earliest of the following dates: +         (A)   The day after the city council, city plan commission, or +landmark commission that voted to initiate the historic designation procedure, +votes to terminate the historic designation procedure. +         (B)   The day after the city council, in an appeal from an initiation +by the city plan commission or landmark commission, votes to terminate the +historic designation procedure. +         (C)   In the case of initiation by the property owner(s), the day +after the zoning change application is withdrawn. +         (D)   If the proposed historic overlay district zoning change is +approved, the effective date of the ordinance establishing the historic overlay +district. +         (E)   If the proposed historic overlay district zoning change is +denied, the day after either the city council makes its final decision denying +the change or the expiration of the time period for appeal to the city council +from a city plan commission recommendation of denial. +         (F)   Two years after the date the historic designation procedure was +initiated, regardless of who initiated the procedure. +   (d)   Predesignation certificate of appropriate-ness. +      (1)   When required. A person shall not alter a site, or alter, place, +construct, maintain, or expand any structure on the site during the +predesignation moratorium without first obtaining a predesignation certificate +of appropriateness in accordance with this subsection. +      (2)   Penalty. A person who violates this subsection is guilty of a +separate offense for each day or portion of a day during which the violation is +continued, from the first day the unlawful act was committed until either a +predesignation certificate of appropriateness is obtained or the property is +restored to the condition it was in immediately prior to the violation. +      (3)   Application. An application for a predesignation certificate of +appropriateness must be submitted to the director. The application must include +complete documentation of the proposed work. Within 10 days after submission of +an application, the director shall notify the applicant in writing of any +additional documentation required. No application shall be deemed to be filed +until it is made on forms promulgated by the director and contains all required +supporting plans, designs, photographs, reports, and other exhibits required by +the director. The applicant may consult with the department before and after +the submission of an application. +      (4)   Predesignation certificate of appropriateness review procedure. +Upon receipt of an application for a predesignation certificate of +appropriateness, the director shall determine whether the structure is +contributing or noncontributing. Within 40 days after a complete application is +filed for a noncontributing structure, the landmark commission shall hold a +public hearing and shall approve, deny with prejudice, or deny without +prejudice the application and forward its decision to the director. Within 65 +days after a complete application is filed for a contributing structure, the +landmark commission shall hold a public hearing and shall approve, deny with +prejudice, or deny without prejudice the application and forward its decision +to the director. The landmark commission may impose conditions on the +predesignation certificate of appropriateness. The applicant has the burden of +proof to establish the necessary facts to warrant favorable action. The +director shall immediately notify the applicant of the landmark commission’s +action. The landmark commission’s decision must be in writing and, if the +decision is to deny the predesignation certificate of appropriateness, with or +without prejudice, the writing must state the reasons why the predesignation +certificate of appropriateness is denied. +      (5)   Standard for approval. The landmark commission must approve the +application if it determines that: +         (A)   for contributing structures, the application will not adversely +affect the character of the site or a structure on the site; and the proposed +work is consistent with the regulations contained in this section and the +proposed preservation criteria; or +         (B)   for noncontributing structures, the proposed work is compatible +with the historic overlay district. +      (6)   Issuance. If a predesignation certificate of appropriateness has +been approved by the landmark commission or if final action has not been taken +by the landmark commission within 40 days (for a noncontributing structure) or +65 days (for a contributing structure) after a complete application is filed: +         (A)   the director shall issue the predesignation certificate of +appropriateness to the applicant; and +         (B)   if all requirements of the development and building codes are +met and a building permit is required for the proposed work, the building +official shall issue a building permit to the applicant for the proposed work. +      (7)   Appeal. If a predesignation certificate of appropriateness is +denied, the chair of the landmark commission shall verbally inform the +applicant of the right to appeal to the city plan commission. If the applicant +is not present at the hearing, the director shall inform the applicant of the +right to appeal in writing within 10 days after the hearing. The applicant may +appeal the denial to the city plan commission by filing a written notice with +the director within 30 days after the date of the decision of the landmark +commission. The director shall forward to the city plan commission a complete +record of the matter being appealed, including a transcript of the tape of the +hearing before the landmark commission. In considering an appeal, the city plan +commission shall review the landmark commission record and hear and consider +arguments from the appellant and the representative for the landmark +commission. The city plan commission may only hear new testimony or consider +new evidence that was not presented at the time of the hearing before the +landmark commission to determine whether that testimony or evidence was +available at the landmark commission hearing. If the city plan commission +determines that new testimony or evidence exists that was not available at the +landmark commission hearing, the city plan commission shall remand the case +back to the landmark commission in accordance with Subsection (o). In reviewing +the landmark commission decision the city plan commission shall use the +substantial evidence standard in Subsection (o). The city plan commission may +reverse or affirm, in whole or in part, modify the decision of the landmark +commission, or remand any case back to the landmark commission for further +proceedings. Appeal to the city plan commission constitutes the final +administrative remedy. +      (8)   Reapplication. If a final decision is reached denying a +predesignation certificate of appropriateness, no further applications may be +considered for the subject matter of the denied predesignation certificate of +appropriateness unless the predesignation certificate of appropriateness has +been denied without prejudice or the landmark commission finds that there are +changed circumstances sufficient to warrant a new hearing. A simple majority +vote by the landmark commission is required to grant the request for a new +hearing. +      (9)   Suspension of work. After the work authorized by the predesignation +certificate of appropriateness is commenced, the applicant must make continuous +progress toward completion of the work, and the applicant shall not suspend or +abandon the work for a period in excess of 180 days. The director may, in +writing, authorize a suspension of the work for a period greater than 180 days +upon written request by the applicant showing circumstances beyond the control +of the applicant. +      (10)   Revocation. The director may, in writing, revoke a predesignation +certificate of appropriateness if: +         (A)   the predesignation certificate of appropriateness was issued on +the basis of incorrect information supplied; +         (B)   the predesignation certificate of appropriateness was issued in +violation of the regulations contained in this section, the proposed +preservation criteria, or the development code or building codes; or +         (C)   the work is not performed in accordance with the predesignation +certificate of appropriateness, the development code, or building codes. +      (11)   Amendments to a predesignation certificate of appropriateness. A +predesignation certificate of appropriateness may be amended by submitting an +application for amendment to the director. The application shall then be +subject to the standard predesignation certificate of appropriateness review +procedure. +      (12)   Effect of approval of the historic overlay district. A +predesignation certificate of appropriateness will be treated as a certificate +of appropriateness after the effective date of the ordinance implementing the +historic overlay district. +   (e)   Additional uses and regulations. +      (1)   A historic overlay district is a zoning overlay which supplements +the primary underlying zoning district classification. A historic overlay +district is subject to the regulations of the underlying zoning district, +except the ordinance establishing the historic overlay district may permit +additional uses and provide additional regulations for the historic overlay +district. +      (2)   If there is a conflict, the regulations contained in the historic +overlay district ordinance control over the regulations of the underlying +zoning district. If there is a conflict, the regulations contained in the +historic overlay district ordinance control over the regulations of this +section. +      (3)   The historic overlay district ordinance may include preservation +criteria for the interior of historic structures if the interior is customarily +open and accessible to the public and the interior has extraordinary +architectural, archaeological, cultural, economic, social, ethnic, political or +historical value. Unless there are specific provisions for the interior, the +preservation criteria in the historic overlay district ordinance and the +Secretary of the Interior’s Standards for the Rehabilitation of Historic +Properties apply only to the exterior of structures within a historic overlay +district. +      (4)   The landmark commission shall consider the Secretary of the +Interior’s Standards for the Rehabilitation of Historic Properties (“the +Standards”), as amended, when reviewing applications for predesignation and +standard certificates of appropriateness. Rehabilitation is defined as the act +or process of making possible a compatible use for a property through repair, +alterations, and additions while preserving those portions or features which +convey its historical, cultural, or architectural values. The Standards are +common sense principles in non-technical language developed to help promote +consistent rehabilitation practices. It should be understood that the Standards +are a series of concepts about maintaining, repairing, and replacing historic +materials, as well as designing new additions or making alterations; as such, +they cannot, in and of themselves, be used to make essential decisions about +which features of a historic property should be saved and which might be +changed. The director shall make the current Standards available for public +inspection at all times. For informational purposes, the Standards published at +Section 68.3 of Title 36 of the Code of Federal Regulations (current through +January 1, 2001) are set forth below: +         (A)   A property will be used as it was historically or be given a new +use that requires minimal changes to its distinctive materials, features, +spaces and spatial relationships. +         (B)   The historic character of a property will be retained and +preserved. The removal of distinctive materials or alteration of features, +spaces, and spatial relationships that characterize a property will be avoided. +         (C)   Each property will be recognized as a physical record of its +time, place and use. Changes that create a false sense of historical +development, such as adding conjectural features or elements from other +historic properties, will not be undertaken. +         (D)   Changes to a property that have acquired historic significance +in their own right will be retained and preserved. +         (E)   Distinctive materials, features, finishes, and construction +techniques or examples of craftsmanship that characterize a property will be +preserved. +         (F)   Deteriorated historic features will be repaired rather than +replaced. Where the severity of deterioration requires replacement of a +distinctive feature, the new feature will match the old in design, color, +texture, and, where possible, materials. Replacement of missing features will +be substantiated by documentary and physical evidence. +         (G)   Chemical or physical treatments, if appropriate, will be +undertaken using the gentlest means possible. Treatments that cause damage to +historic materials will not be used. +         (H)   Archeological resources will be protected and preserved in +place. If such resources must be disturbed, mitigation measures will be +undertaken. +         (I)   New additions, exterior alterations, or related new construction +will not destroy historic materials, features, and spatial relationships that +characterize the property. The new work will be differentiated from the old and +will be compatible with the historic materials, features, size, scale and +proportion, and massing to protect the integrity of the property and its +environment. +         (J)   New additions and adjacent or related new construction will be +undertaken in such a manner that, if removed in the future, the essential form +and integrity of the historic property and its environment would be unimpaired. +   (f)   Notice of designation. +      (1)   Upon passage of a historic overlay district ordinance, the director +shall send a notice to the owner or owners of property within the historic +overlay district stating the effect of the designation, the regulations +governing the historic overlay district, and the historic preservation +incentives that may be available. +      (2)   Upon passage of a historic overlay district ordinance, the director +shall file a copy of the ordinance in the county deed records to give notice of +the historic regulations. Pursuant to Texas Local Government Code Section +315.006, the director shall also file in the county deed records a verified +written instrument listing each historic structure or property by the street +address, if available, the legal description of the real property, and the name +of the owner, if available. +      (3)   The director may erect suitable plaques appropriately identifying +each historic overlay district. +   (g)   Certificate of appropriateness. +      (1)   When required. A person shall not alter a site within a historic +overlay district, or alter, place, construct, maintain, or expand any structure +on the site without first obtaining a certificate of appropriateness in +accordance with this subsection and the regulations and preservation criteria +contained and in the historic overlay district ordinance. +      (2)   Penalty. A person who violates this subsection is guilty of a +separate offense for each day or portion of a day during which the violation is +continued, from the first day the unlawful act was committed until either a +certificate of appropriateness is obtained or the property is restored to the +condition it was in immediately prior to the violation. +      (3)   Application. An application for a certificate of appropriateness +must be submitted to the director. The application must include complete +documentation of the proposed work. Within 10 days after submission of an +application, the director shall notify the applicant in writing of any +additional documentation required. No application shall be deemed to be filed +until it is made on forms promulgated by the director and contains all required +supporting plans, designs, photographs, reports, and other exhibits required by +the director. The applicant may consult with the department before and after +the submission of an application. +      (4)   Director’s determination of procedure. Upon receipt of an +application for a certificate of appropriateness, the director shall determine +whether the application is to be reviewed under the routine work review +procedure or the standard certificate of appropriateness review procedure. +      (5)   Routine maintenance work review procedure. +         (A)   If the director determines that the applicant is seeking a +certificate of appropriateness to authorize only routine maintenance work, he +may review the application to determine whether the proposed work complies with +the regulations contained in this section and the preservation criteria +contained in the historic overlay district ordinance and approve or deny the +application within 20 days after a complete application is filed. The applicant +must supply complete documentation of the work. Upon request, staff will +forward copies of applications to the task force. The director may forward any +application to the landmark commission for review. +         (B) Routine maintenance work includes: +            (i)   the installation of a chimney located on an accessory +building, or on the rear 50 percent of a main building and not part of the +corner side facade; +            (ii)   the installation of an awning located on an accessory +building, or on the rear facade of a main building; +            (iii)   the replacement of a roof of the same or an original +material that does not include a change in color; +            (iv)   the installation of a wood or chain link fence that is not +painted or stained; +            (v)   the installation of gutters and downspouts of a color that +matches or complements the dominant trim or roof color; +            (vi)    the installation of skylights and solar panels; +            (vii)   the installation of storm windows and doors; +            (viii)   the installation of window and door screens; +            (ix)   the application of paint that is the same as the existing or +that is an appropriate dominant, trim, or accent color; +            (x)   the restoration of original architectural elements; +            (xi)   minor repair using the same material and design as the +original; +            (xii)   repair of sidewalks and driveways using the same type and +color of materials; +            (xiii)   the process of cleaning (including but not limited to low- +pressure water blasting and stripping), but excluding sandblasting and high- +pressure water blasting; and +            (xiv)   painting, replacing, duplicating, or stabilizing +deteriorated or damaged architectural features (including but not limited to +roofing, windows, columns, and siding) in order to maintain the structure and +to slow deterioration. +         (C)   The applicant may appeal the director’s decision by submitting +to the director a written request for appeal within 10 days of the decision. +The written request for appeal starts the standard certificate of +appropriateness review procedure by the landmark commission. +      (6)   Standard certificate of appropriate-ness review procedure. +         (A)   If the director determines that the applicant is seeking a +certificate of appropriateness to authorize work that is not routine +maintenance work, or if the director’s decision concerning a certificate of +appropriateness to authorize only routine maintenance work is appealed, the +director shall immediately forward the application to the landmark commission +for review. +         (B)   Upon receipt of an application for a certificate of +appropriateness, the director shall determine whether the structure is +contributing or noncontributing. Within 40 days after a complete application is +filed for a noncontributing structure, the landmark commission shall hold a +public hearing and shall approve, deny with prejudice, or deny without +prejudice the application and forward its decision to the director. Within 65 +days after a complete application is filed for a contributing structure, the +landmark commission shall hold a public hearing and shall approve, deny with +prejudice, or deny without prejudice the certificate of appropriateness and +forward its decision to the director. The landmark commission may approve a +certificate of appropriateness for work that does not strictly comply with the +preservation criteria upon a finding that the proposed work is historically +accurate and is consistent with the spirit and intent of the preservation +criteria and that the proposed work will not adversely affect the historic +character of the property or the integrity of the historic overlay district. +The landmark commission may impose conditions on the certificate of +appropriateness. The applicant has the burden of proof to establish the +necessary facts to warrant favorable action. The director shall immediately +notify the applicant of the landmark commission’s action. The landmark +commission’s decision must be in writing and, if the decision is to deny the +certificate of appropriateness, with or without prejudice, the writing must +state the reasons why the certificate of appropriateness is denied. +         (C)   Standard for approval. The landmark commission must grant the +application if it determines that: +            (i)   for contributing structures: +               (aa)   the proposed work is consistent with the regulations +contained in this section and the preservation criteria contained in the +historic overlay district ordinance; +               (bb)   the proposed work will not have an adverse effect on the +architectural features of the structure; +               (cc)   the proposed work will not have an adverse effect on the +historic overlay district; and +               (dd)   the proposed work will not have an adverse effect on the +future preservation, maintenance and use of the structure or the historic +overlay district. +            (ii)   for noncontributing structures, the proposed work is +compatible with the historic overlay district. +         (D)    Issuance. If a certificate of appropriateness has been approved +by the landmark commission or if final action has not been taken by the +landmark commission within 40 days (for a noncontributing structure) or 65 days +(for a contributing structure) after a complete application is filed: +            (i)   the director shall issue the certificate of appropriateness +to the applicant; and +            (ii)   if all requirements of the development and building codes +are met and a building permit is required for the proposed work, the building +official shall issue a building permit to the applicant for the proposed work. +         (E)   Appeal. If a certificate of appropriateness is denied, the chair +of the landmark commission shall verbally inform the applicant of the right to +appeal to the city plan commission. If the applicant is not present at the +hearing, the director shall inform the applicant of the right to appeal in +writing within 10 days after the hearing. The applicant may appeal the denial +to the city plan commission by filing a written notice with the director within +30 days after the date of the decision of the landmark commission. The director +shall forward to the city plan commission a complete record of the matter being +appealed, including a transcript of the tape of the hearing before the landmark +commission. In considering an appeal, the city plan commission shall review the +landmark commission record and hear and consider arguments from the appellant +and the representative for the landmark commission. The city plan commission +may only hear new testimony or consider new evidence that was not presented at +the time of the hearing before the landmark commission to determine whether +that testimony or evidence was available at the landmark commission hearing. If +the city plan commission determines that new testimony or evidence exists that +was not available at the landmark commission hearing, the city plan commission +shall remand the case back to the landmark commission in accordance with +Subsection (o). In reviewing the landmark commission decision the city plan +commission shall use the substantial evidence standard in Subsection (o). The +city plan commission may reverse or affirm, in whole or in part, modify the +decision of the landmark commission, or remand any case back to the landmark +commission for further proceedings. Appeal to the city plan commission +constitutes the final administrative remedy. +         (F)   Reapplication. If a final decision is reached denying a +certificate of appropriateness, no further applications may be considered for +the subject matter of the denied certificate of appropriateness for one year +from the date of the final decision unless: +            (i)   the certificate of appropriateness has been denied without +prejudice; or +            (ii)   the landmark commission waives the time limitation because +the landmark commission finds that there are changed circumstances sufficient +to warrant a new hearing. A simple majority vote by the landmark commission is +required to grant the request for waiver of the time limitation. +         (G)   Suspension of work. After the work authorized by the certificate +of appropriateness is commenced, the applicant must make continuous progress +toward completion of the work, and the applicant shall not suspend or abandon +the work for a period in excess of 180 days. The director may, in writing, +authorize a suspension of the work for a period greater than 180 days upon +written request by the applicant showing circumstances beyond the control of +the applicant. +         (H)   Revocation. The director may, in writing, revoke a certificate +of appropriateness if: +            (i)   the certificate of appropriateness was issued on the basis of +incorrect information supplied; +            (ii)   the certificate of appropriateness was issued in violation +of the regulations contained in this section, the preservation criteria +contained in the historic overlay district ordinance, the development code, or +building codes; or +            (iii)   the work is not performed in accordance with the +certificate of appropriateness, the development code, or building codes. +         (I)   Amendments to a certificate of appropriateness. A certificate of +appropriateness may be amended by submitting an application for amendment to +the director. The application shall then be subject to the standard certificate +of appropriateness review procedure. +      (8)   Emergency procedure. If a structure on a property subject to the +predesignation moratorium or a structure in a historic overlay district is +damaged and the building official determines that the structure is a public +safety hazard or will suffer additional damage without immediate repair, the +building official may allow the property owner to temporarily protect the +structure. In such a case, the property owner shall apply for a predesignation +certificate of appropriateness, certificate of appropriateness, or certificate +for demolition or removal within 10 days of the occurrence which caused the +damage. The protection authorized under this subsection must not permanently +alter the architectural features of the structure. +   (h)   Certificate for demolition or removal. +      (1)   Findings and purpose. Demolition or removal of a historic structure +constitutes an irreplaceable loss to the quality and character of the city. +Therefore, demolition or removal of historic structures should be allowed only +for the reasons described in this subsection. +      (2)   Application. A property owner seeking demolition or removal of a +structure on a property subject to the predesignation moratorium or a structure +in a historic overlay district must submit a complete application for a +certificate for demolition or removal to the landmark commission. Within 10 +days after submission of an application, the director shall notify the +applicant in writing of any additional documentation required. The application +must be accompanied by the following documentation before it will be considered +complete: +         (A)   An affidavit in which the owner swears or affirms that all +information submitted in the application is true and correct. +         (B)   An indication that the demolition or removal is sought for one +or more of the following reasons: +            (i)   To replace the structure with a new structure that is more +appropriate and compatible with the historic overlay district. +            (ii)   No economically viable use of the property exists. +            (iii)   The structure poses an imminent threat to public health or +safety. +            (iv)   The structure is non-contributing to the historic overlay +district because it is newer than the period of historic significance. +         (C)   For an application to replace the structure with a new structure +that is more appropriate and compatible with the historic overlay district: +            (i)   Records depicting the original construction of the structure, +including drawings, pictures, or written descriptions. +            (ii)   Records depicting the current condition of the structure, +including drawings, pictures, or written descriptions. +            (iii)   Any conditions proposed to be placed voluntarily on the new +structure that would mitigate the loss of the structure. +            (iv)   Complete architectural drawings of the new structure. +            (v)   A guarantee agreement between the owner and the city that +demonstrates the owner’s intent and financial ability to construct the new +structure. The guarantee agreement must: +               (aa)   contain a covenant to construct the proposed structure by +a specific date in accordance with architectural drawings approved by the city +through the predesignation certificate of appropriateness process or the +certificate of appropriateness process; +               (bb)   require the owner or construction contractor to post a +performance and payment bond, letter of credit, escrow agreement, cash deposit, +or other arrangement acceptable to the director to ensure construction of the +new structure; and +               (cc)   be approved as to form by the city attorney. +         (D)   For an application of no economically viable use of the +property: +            (i)   The past and current uses of the structure and property. +            (ii)   The name of the owner. +            (iii)   If the owner is a legal entity, the type of entity and +states in which it is registered. +            (iv)   The date and price of purchase or other acquisition of the +structure and property, and the party from whom acquired, and the owner’s +current basis in the property. +            (v)   The relationship, if any, between the owner and the party +from whom the structure and property were acquired. (If one or both parties to +the transaction were legal entities, any relationships between the officers and +the board of directors of the entities must be specified.) +            (vi)   The assessed value of the structure and property according +to the two most recent tax assessments. +            (vii)   The amount of real estate taxes on the structure and +property for the previous two years. +            (viii)   The current fair market value of the structure and +property as determined by an independent licensed appraiser. +            (ix)   All appraisals obtained by the owner and prospective +purchasers within the previous two years in connection with the potential or +actual purchase, financing, or ownership of the structure and property. +            (x)   All listings of the structure and property for sale or rent +within the previous two years, prices asked, and offers received. +            (xi)   A profit and loss statement for the property and structure +containing the annual gross income for the previous two years; itemized +expenses (including operating and maintenance costs) for the previous two +years, including proof that adequate and competent management procedures were +followed; the annual cash flow for the previous two years; and proof that the +owner has made reasonable efforts to obtain a reasonable rate of return on the +owner’s investment and labor. +            (xii)   A mortgage history of the property during the previous five +years, including the principal balances and interest rates on the mortgages and +the annual debt services on the structure and property. +            (xiii)   All capital expenditures during the current ownership. +            (xiv)   Records depicting the current conditions of the structure +and property, including drawings, pictures, or written descriptions. +            (xv)   A study of restoration of the structure or property, +performed by a licensed architect, engineer or financial analyst, analyzing the +physical feasibility (including architectural and engineering analyses) and +financial feasibility (including pro forma profit and loss statements for a ten +year period, taking into consideration redevelopment options and all incentives +available) of adaptive use of restoration of the structure and property. +            (xvi)   Any consideration given by the owner to profitable adaptive +uses for the structure and property. +            (xvii)   Construction plans for any proposed development or +adaptive reuse, including site plans, floor plans, and elevations. +            (xviii)   Any conditions proposed to be placed voluntarily on new +development that would mitigate the loss of the structure. +            (xix)   Any other evidence that shows that the affirmative +obligation to maintain the structure or property makes it impossible to realize +a reasonable rate of return. +         (E)   For an application to demolish or remove a structure that poses +an imminent threat to public health or safety: +            (i)   Records depicting the current condition of the structure, +including drawings, pictures, or written descriptions. +            (ii)   A study regarding the nature, imminence, and severity of the +threat, as performed by a licensed architect or engineer. +            (iii)   A study regarding both the cost of restoration of the +structure and the feasibility (including architectural and engineering +analyses) of restoration of the structure, as performed by a licensed architect +or engineer. +         (F)   For an application to demolish or remove a structure that is +noncontributing to the historic overlay district because the structure is newer +than the period of historic significance: +            (i)   Documentation that the structure is noncontributing to the +historic overlay district. +            (ii)   Documentation of the age of the structure. +            (iii)   A statement of the purpose of the demolition. +         (G)   Any other evidence the property owner wishes to submit in +support of the application. +         (H)   Any other evidence requested by the landmark commission or the +historic preservation officer. +      (3)   Certificate of demolition or removal review procedure. +         (A)   Economic review panel. For an application of no economically +viable use of the property, the landmark commission shall cause to be +established an ad hoc three-person economic review panel. The economic review +panel must be comprised of three independent experts knowledgeable in the +economics of real estate, renovation, and redevelopment. “Independent” as used +in this subparagraph means that the expert has no financial interest in the +property, its renovation, or redevelopment; is not an employee of the property +owner; is not a city employee; is not a member of the landmark commission; and +is not compensated for serving on the economic review panel. The economic +review panel must consist of one person selected by the landmark commission, +one person selected by the property owner, and one person selected by the first +two appointees. If the first two appointees cannot agree on a third appointee +within 30 days after submission of the documentation supporting the +application, the third appointee will be selected by the director within 5 +days. Within 35 days after submission of the documentation supporting the +application, all appointments to the economic review panel shall be made. +Within 35 days after appointment, the economic review panel shall review the +submitted documentation; hold a public hearing; consider all options for +renovation, adaptive reuse, and redevelopment; and forward a written +recommendation to the landmark commission. The historic preservation officer +shall provide administrative support to the economic review panel. The economic +review panel’s recommendation must be based on the same standard for approval +to be used by the landmark commission. An application of no economically viable +use will not be considered complete until the economic review panel has made +its recommendation to the landmark commission. If the economic review panel is +unable to reach a consensus, the report will indicate the majority and minority +recommendations. +         (B)   Within 65 days after submission of a complete application, the +landmark commission shall hold a public hearing and shall approve or deny the +application. If the landmark commission does not make a final decision within +that time, the building official shall issue a permit to allow the requested +demolition or removal. The property owner has the burden of proof to establish +by clear and convincing evidence the necessary facts to warrant favorable +action by the landmark commission. +      (4)   Standard for approval. The landmark commission shall deny the +application unless it makes the following findings: +         (A)   The landmark commission must deny an application to replace a +structure with a new structure unless it finds that: +            (i)   the new structure is more appropriate and compatible with the +historic overlay district than the structure to be demolished or removed; and +            (ii)   the owner has the financial ability and intent to build the +new structure. The landmark commission must first approve the predesignation +certificate of appropriateness or certificate of appropriateness for the +proposed new structure and the guarantee agreement to construct the new +structure before it may consider the application to demolish or remove. +         (B)   The landmark commission must deny an application of no +economically viable use of the property unless it finds that: +            (i)   the structure is incapable of earning a reasonable economic +return unless the demolition or removal is allowed (a reasonable economic +return does not have to be the most profitable return possible); +            (ii)   the structure cannot be adapted for any other use, whether +by the owner or by a purchaser, which would result in a reasonable economic +return; and +            (iii)   the owner has failed during the last two years to find a +developer, financier, purchaser, or tenant that would enable the owner to +realize a reasonable economic return, despite having made substantial ongoing +efforts to do so. +         (C)   The landmark commission must deny an application to demolish or +remove a structure that poses an imminent threat to public health or safety +unless it finds that: +            (i)   the structure constitutes a documented major and imminent +threat to public health and safety; +            (ii)   the demolition or removal is required to alleviate the +threat to public health and safety; and +            (iii)   there is no reasonable way, other than demolition or +removal, to eliminate the threat in a timely manner. +         (D)   The landmark commission must deny an application to demolish or +remove a structure that is noncontributing to the historic overlay district +because it is newer than the period of historic significance unless it finds +that: +            (i)   the structure is non-contributing to the historic overlay +district; +            (ii)   the structure is newer than the period of historic +significance for the historic overlay district; and +            (iii)   demolition of the structure will not adversely affect the +historic character of the property or the integrity of the historic overlay +district. +      (5)   Appeal. The chair of the landmark commission shall give verbal +notice of the right to appeal at the time a decision on the application is +made. If the applicant is not present at the hearing, the director shall inform +the applicant of the right to appeal in writing within 10 days after the +hearing. Any interested person may appeal the decision of the landmark +commission to the city plan commission by filing a written notice with the +director within 30 days after the date of the decision of the landmark +commission. If no appeal is made of a decision to approve the certificate for +demolition or removal within the 30-day period, the building official shall +issue the permit to allow demolition or removal. If an appeal is filed, the +city plan commission shall hear and decide the appeal within 65 days after the +date of its filing. The director shall forward to the city plan commission a +complete record of the matter being appealed, including a transcript of the +tape of the hearing before the landmark commission. In considering an appeal, +the city plan commission shall review the landmark commission record and hear +and consider arguments from the appellant and the representative for the +landmark commission. The city plan commission may only hear new testimony or +consider new evidence that was not presented at the time of the hearing before +the landmark commission to determine whether that testimony or evidence was +available at the landmark commission hearing. If the city plan commission +determines that new testimony or evidence exists that was not available at the +landmark commission hearing, the city plan commission shall remand the case +back to the landmark commission in accordance with Subsection (o). In reviewing +the landmark commission decision the city plan commission shall use the +substantial evidence standard in Subsection (o). The city plan commission may +reverse or affirm, in whole or in part, modify the decision of the landmark +commission, or remand any case back to the landmark commission for further +proceedings. Appeal to the city plan commission constitutes the final +administrative remedy. +      (6)   Reapplication. If a final decision is reached denying a certificate +for demolition or removal, no further applications may be considered for the +subject matter of the denied certificate for demolition or removal for one year +from the date of the final decision unless: +         (A)   the certificate for demolition or removal has been denied +without prejudice; or +         (B)   the landmark commission waives the time limitation because the +landmark commission finds that there are changed circumstances sufficient to +warrant a new hearing. A simple majority vote by the landmark commission is +required to grant the request for waiver of the time limitation. +      (7)   Expiration. A certificate for demolition or removal expires if the +work authorized by the certificate for demolition or removal is not commenced +within 180 days from the date of the certificate for demolition or removal. The +director may extend the time for commencement of work upon written request by +the applicant showing circumstances beyond the control of the applicant. If the +certificate for demolition or removal expires, a new certificate for demolition +or removal must first be obtained before the work can be commenced. +   (i)   Certificate for demolition for a residential structure with no more +than 3,000 square feet of floor area pursuant to court order. +      (1)   Findings and purpose. Demolition of a historic structure +constitutes an irreplaceable loss to the quality and character of the city. +Elimination of substandard structures that have been declared urban nuisances +and ordered demolished pursuant to court order is necessary to prevent blight +and safeguard the public health, safety, and welfare. Therefore, the procedures +in this subsection seek to preserve historic structures while eliminating urban +nuisances. +      (2)   Notice to landmark commission by email. A requirement of this +subsection that the landmark commission be provided written notice of a matter +is satisfied if an email containing the required information is sent to every +member of the landmark commission who has provided an email address to the +director. +      (3)   Referral of demolition request to landmark commission and director. +When a city department requests the city attorney’s office to seek an order +from a court or other tribunal requiring demolition of a residential structure +with no more than 3,000 square feet of floor area on a property subject to a +predesignation moratorium or in a historic overlay district, that department +shall provide written notice to the landmark commission and director of that +request within two business days after the date it makes the request. The +notice must include a photograph of the structure, the address of the property, +and (if known) the name, address, and telephone number of the property owner. +If the city attorney’s office determines that the department did not provide +the required notice, the city attorney’s office shall provide that notice +within two business days after the date it determines that the department did +not provide the notice. +      (4)   Notice of court proceedings to landmark commission and director. +The city attorney’s office shall provide written notice to the landmark +commission and director at least 10 days before any hearing before a court or +other tribunal where the city attorney’s office seeks an order requiring +demolition of a residential structure with no more than 3,000 square feet of +floor area subject to a predesignation moratorium or in a historic overlay +district. If a court or other tribunal orders demolition of the structure +subject to a predesignation moratorium or in a historic overlay district, the +city attorney’s office shall provide written notice to the landmark commission +and director within five days after the order is signed and provided to the +city attorney’s office. +      (5)   Application. If the city or a property owner seeks demolition of a +residential structure with no more than 3,000 square feet of floor area subject +to a predesignation moratorium or in a historic overlay district pursuant to an +order from a court or other tribunal requiring demolition obtained by the city, +a complete application for a certificate for demolition must be submitted to +the landmark commission. Within 10 days after submission of an application, the +director shall notify the city’s representative or the property owner in +writing of any documentation required but not submitted. The application must +be accompanied by the following documentation before it will be considered +complete: +         (A)   An affidavit in which the city representative or the property +owner affirms that all information submitted in the application is correct. +         (B)   Records depicting the current condition of the structure, +including drawings, pictures, or written descriptions, and including Historic +American Buildings Survey or Historic American Engineering Records +documentation if required by law or agreement. +         (C)   A signed order from a court or other tribunal requiring the +demolition of the structure in a proceeding brought pursuant to Texas Local +Government Code Chapters 54 or 214, as amended. +         (D)   A copy of a written notice of intent to apply for a certificate +for demolition that was submitted to the director and the landmark commission +at least 30 days before the application. +         (E)   Any other evidence the city representative or property owner +wishes to submit in support of the application. +      (6)   Hearing. Within 40 days after submission of a complete application, +the landmark commission shall hold a public hearing to determine whether the +structure should be demolished. If the landmark commission does not make a +final decision on the application or suspend the granting of the certificate of +demolition pursuant to this subsection within that time, the building official +shall issue a demolition permit to allow the demolition. The city +representative or the property owner has the burden of proof to establish by a +preponderance of the evidence the necessary facts to warrant favorable action +by the landmark commission. +      (7)   Standard for approval. The landmark commission shall approve the +certificate for demolition if it finds that: +         (A)   a court or other tribunal has issued a final order requiring the +demolition of the structure pursuant to Texas Local Government Code Chapters 54 +or 214, as amended; and +         (B)   suspension of the certificate for demolition is not a feasible +option to alleviate the nuisance in a timely manner. +      (8)   Suspension. The purpose of the suspension periods is to allow an +interested party to rehabilitate the structure as an alternative to demolition. +         (A)   Residential structures with no more than 3,000 square feet of +floor area. +            (i)   Initial suspension period. +               (aa)   The landmark commission may suspend the granting of the +certificate for demolition until the next regularly scheduled landmark +commission meeting (the initial suspension period) to allow time to find a +party interested in rehabilitating the structure. +               (bb)   If during the initial suspension period no interested +party is identified, the landmark commission shall grant the certificate for +demolition. +               (cc)   If during the initial suspension period an interested +party is identified, the landmark commission shall suspend the granting of the +certificate for demolition for no more than two more regularly scheduled +landmark commission meetings (the extended suspension period). +            (ii)   Extended suspension period. +               (aa)   During the extended suspension period, the interested +party shall: +                  [1]   submit an application for a predesignation certificate +of appropriateness or a certificate of appropriateness; +                  [2]   provide evidence that the interested party has or will +obtain title to the property and has authority to rehabilitate the structure, +or is authorized to rehabilitate the property by a party who has title to the +property or has the right to rehabilitate the property; +                  [3]   provide evidence that the structure and property have +been secured to prevent unauthorized entry; and +                  [4]   provide a guarantee agreement that: +                     [A]   contains a covenant to rehabilitate the structure by +a specific date, in accordance with the predesignation certificate of +appropriateness process or certificate of appropriateness, which the landmark +commission may extend if the interested party shows circumstances preventing +rehabilitation of the structure by that date that are beyond the control of the +interested party; +                     [B]   is supported by a performance and payment bond, +letter of credit, escrow agreement, cash deposit, or other similar enforceable +arrangement acceptable to the director to ensure rehabilitation of the +structure; and +                     [C]   is approved as to form by the city attorney. +               (bb)   If during the extended suspension period the interested +party does not meet the requirements of Subparagraph (A)(ii), the landmark +commission shall grant the certificate for demolition. +               (cc)   If during the extended suspension period the interested +party meets the requirements of Subparagraph (A)(ii), the landmark commission +shall continue to suspend the granting of the certificate for demolition (the +continuing suspension period). +            (iii)   Continuing suspension period. +               (aa)   The interested party must rehabilitate the structure to +comply with Dallas City Code +Chapter 27 and request an inspection by the city before the end of the +continuing suspension period. +               (bb)   At each landmark commission meeting during the continuing +suspension period, the interested party shall provide a progress report +demonstrating that reasonable and continuous progress is being made toward +completion of the rehabilitation. +               (cc)   If during the continuing suspension period the landmark +commission finds that the interested party is not making reasonable and +continuous progress toward completion of the rehabilitation, the landmark +commission shall grant the certificate for demolition, unless the interested +party shows circumstances preventing reasonable and continuous progress that +are beyond the control of the interested party. +               (dd)   If during the continuing suspension period the landmark +commission finds that the interested party has rehabilitated the structure to +comply with Dallas City Code +Chapter 27, the landmark commission shall deny the certificate for demolition. +      (9)   Appeal. The city representative or property owner may appeal a +decision of the landmark commission under this subsection to the city plan +commission by filing a written notice with the director within 10 days after +the date of the decision of the landmark commission. The city plan commission +shall hear and decide the appeal at the next available city plan commission +meeting. The standard of review shall be de novo, but the director shall +forward to the city plan commission a transcript of the landmark commission +hearing. In considering the appeal, the city plan commission may not hear or +consider new evidence unless the evidence corrects a misstatement or material +omission at the landmark commission hearing or the evidence shows that the +condition of the property has changed since the landmark commission hearing. +The city plan commission chair shall rule on the admissibility of new evidence. +The city plan commission shall use the same standard required for the landmark +commission. The city plan commission may reverse or affirm, in whole or in +part, modify the decision of the landmark commission, or remand any case back +to the landmark commission for further proceedings; however, the city plan +commission shall give deference to the decision of the landmark commission. +Appeal to the city plan commission constitutes the final administrative remedy. +      (10)   Expiration. A certificate for demolition expires if the work +authorized by the certificate for demolition is not commenced within 180 days +after the date of the certificate for demolition. The director may extend the +time for commencement of work upon written request by the city representative +or the property owner showing circumstances justifying the extension. If the +certificate for demolition expires, a new certificate for demolition must first +be obtained before the work can be commenced. +      (11)   Procedures for all other structures. If the city or a property +owner seeks demolition of any structure other than a residential structure with +no more than 3,000 square feet of floor area subject to a predesignation +moratorium or in a historic overlay district pursuant to an order from a court +or other tribunal requiring demolition obtained by the city, an application +must be filed under Subsection (h) of this section. +   (j)   Summary abatement by fire marshal. If the fire marshal finds that +conditions on a structure subject to a predesignation moratorium or in a +historic overlay district are hazardous to life or property and present a clear +and present danger, the fire marshal may summarily abate those conditions +without a predesignation certificate of appropriateness, certificate of +appropriateness, or certificate for demolition. +   (k)   Demolition by neglect. +      (1)   Definition. Demolition by neglect is neglect in the maintenance of +any structure on property subject to the predesignation moratorium or in a +historic overlay district that results in deterioration of the structure and +threatens the preservation of the structure. +      (2)   Demolition by neglect prohibited. No person shall allow a structure +to deteriorate through demolition by neglect. All structures on properties +subject to the predesignation moratorium and in historic overlay districts must +be preserved against deterioration and kept free from structural defects. The +property owner or the property owner’s agent with control over the structure, +in keeping with the city’s minimum housing standards and building codes, must +repair the structure if it is found to have any of the following defects: +         (A)   Parts which are improperly or inadequately attached so that they +may fall and injure persons or property. +         (B)   A deteriorated or inadequate foundation. +         (C)   Defective or deteriorated floor supports or floor supports that +are insufficient to carry the loads imposed. +         (D)   Walls, partitions, or other vertical supports that split, lean, +list, or buckle due to defect or deterioration, or are insufficient to carry +the loads imposed. +         (E)   Ceilings, roofs, ceiling or roof supports, or other horizontal +members which sag, split, or buckle due to defect or deterioration, or are +insufficient to support the loads imposed. +         (F)   Fireplaces and chimneys which list, bulge, or settle due to +defect or deterioration, or are of insufficient size or strength to carry the +loads imposed. +         (G)   Deteriorated, crumbling, or loose exterior stucco or mortar. +         (H)   Deteriorated or ineffective waterproofing of exterior walls, +roofs, foundations, or floors, including broken or open windows and doors. +         (I)   Defective or lack of weather protection for exterior wall +coverings, including lack of paint or other protective covering. +         (J)   Any fault, defect, or condition in the structure which renders +it structurally unsafe or not properly watertight. +         (K)   Deterioration of any exterior feature so as to create a +hazardous condition which could make demolition necessary for the public +safety. +         (L)   Deterioration or removal of any unique architectural feature +which would detract from the original architectural style. +      (3)   Demolition by neglect procedure. +         (A)   Purpose. The purpose of the demolition by neglect procedure is +to allow the landmark commission to work with the property owner to encourage +maintenance and stabilization of the structure and identify resources available +before any enforcement action is taken. +         (B)   Request for investigation. Any interested party may request that +the historic preservation officer investigate whether a property is being +demolished by neglect. +         (C)   First meeting with the property owner. Upon receipt of a +request, the historic preservation officer shall meet with the property owner +or the property owner’s agent with control of the structure to inspect the +structure and discuss the resources available for financing any necessary +repairs. After the meeting, the historic preservation officer shall prepare a +report for the landmark commission on the condition of the structure, the +repairs needed to maintain and stabilize the structure, any resources available +for financing the repairs, and the amount of time needed to complete the +repairs. +         (D)   Certification and notice. After review of the report, the +landmark commission may vote to certify the property as a demolition by neglect +case. If the landmark commission certifies the structure as a demolition by +neglect case, the landmark commission shall notify the property owner or the +property owner’s agent with control over the structure of the repairs that must +be made. The notice must require that repairs be started within 30 days and set +a deadline for completion of the repairs. The notice must be sent by certified +mail. +         (E)   Second meeting with the property owner. The historic +preservation officer shall meet with the property owner or the property owner’s +agent with control over the structure within 30 days after the notice was sent +to inspect any repairs completed and assist the property owner in obtaining any +resources available for financing the repairs. +         (F)   Referral for enforcement. If the property owner or the property +owner’s agent with control over the structure fails to start repairs by the +deadline set in the notice, fails to make continuous progress toward +completion, or fails to complete repairs by the deadline set in the notice, the +landmark commission may refer the demolition by neglect case to the code +compliance department or the city attorney for appropriate enforcement action +to prevent demolition by neglect. +   (l)   Historic preservation incentives. Consult +Article XI, “Development Incentives,” for regulations concerning the tax +exemptions, conservation easements, and transfer of development rights +available to structures in historic overlay districts. +   (m)   Historic preservation fund. +      (1)   The department, in cooperation with community organizations, shall +develop appropriate funding structures and shall administer the historic +preservation fund. +      (2)   The historic preservation fund is composed of the following funds: +         (A)   Outside funding (other than city general funds or capital +funds), such as grants and donations, made to the city for the purpose of +historic preservation and funding partnerships with community organizations. +         (B)   Damages recovered pursuant to Texas Local Government Code +Section 315.006 from persons who illegally demolish or adversely affect +historic structures. +      (3)   The outside funding may be used for financing the following +activities: +         (A)   Necessary repairs in demolition by neglect cases. +         (B)   Full or partial restoration of low-income residential and +nonresidential structures. +         (C)   Full or partial restoration of publicly owned historic +structures. +         (D)   Acquisition of historic structures, places, or areas through +gift or purchase. +         (E)   Public education of the benefits of historic preservation or the +regulations governing historic overlay districts. +         (F)   Identification and cataloging of structures, places, areas, and +districts of historical, cultural, or architectural value along with factual +verification of their significance. +      (4)   Damages recovered pursuant to Texas Local Government Code Section +315.006 must be used only for the following purposes: +         (A)   Construction, using as many of the original materials as +possible, of a structure that is a reasonable facsimile of a demolished +historic structure. +         (B)   Restoration, using as many of the original materials as +possible, of the historic structure. +         (C)   Restoration of another historic structure. +   (n)   Enforcement and criminal penalties. +      (1)   A person is criminally responsible for a violation of this section +if: +         (A)   the person owns part or all of the property and knowingly allows +the violation to exist; +         (B)    the person is the agent of the property owner or is an +individual employed by the agent or property owner; is in control of the +property; knowingly allows the violation to exist; and fails to provide the +property owner’s name, street address, and telephone number to code enforcement +officials; +         (C)   the person is the agent of the property owner or is an +individual employed by the agent or property owner, knowingly allows the +violation to exist, and the citation relates to the construction or development +of the property; or +         (D)   the person knowingly commits the violation or assists in the +commission of the violation. +      (2)   Any person who adversely affects or demolishes a structure on +property subject to the predesignation moratorium or in a historic overlay +district in violation of this section is liable pursuant to Texas Local +Government Code Section 315.006 for damages to restore or replicate, using as +many of the original materials as possible, the structure to its appearance and +setting prior to the violation. No predesignation certificates of +appropriateness, certificates of appropriateness, or building permits will be +issued for construction on the site except to restore or replicate the +structure. When these restrictions become applicable to a site, the director +shall cause to be filed a verified notice in the county deed records and these +restrictions shall be binding on future owners of the property. These +restrictions are in addition to any fines imposed. +      (3)   Prosecution in municipal court for an offense under this section +does not prevent the use of other enforcement remedies or procedures provided +by other city ordinances or state or federal laws applicable to the person +charged with or the conduct involved in the offense. +   (o)   Substantial evidence standard of review for appeals. The city plan +commission shall give deference to the landmark commission decision and may not +substitute its judgment for the landmark commission’s judgment. +      (1)   The city plan commission shall remand the matter back to the +landmark commission if it determines that there is new testimony or evidence +that was not available at the landmark commission hearing. +      (2)   The city plan commission shall affirm the landmark commission +decision unless it finds that it: +         (A)   violates a statutory or ordinance provision; +         (B)   exceeds the landmark commission’s authority; or +         (C)   was not reasonably supported by substantial evidence considering +the evidence in the record. +   (p)   Judicial review of decisions. The final decision of the city planning +commission regarding an appeal of a landmark commission decision may be +appealed to a state district court. The appeal to the state district court must +be filed within 30 days after the decision of the city planning commission. If +no appeal is made to the state district court within the 30-day period, then +the decision of the city plan commission is final and unappealable. An appeal +to the state district court is limited to a hearing under the substantial +evidence rule. (Ord. Nos. 19455; 19499; 20585; 21244; 21403; 21513; 21874; +22018; 23506; 23898; 24163; 24542; 24544; 25047; 26286; 27430; 27922; 28073; +28553; 29478, eff. 10/1/14; 31433) +SEC. 51A-4.502.   INSTITUTIONAL OVERLAY DISTRICT. +   (a)   General provisions. +      (1)   The institutional overlay district promotes cultural, educational, +and medical institutions, and enhances their benefit to the community while +protecting adjacent property. +      (2)   The following main uses may be permitted in an institutional +overlay district: +            --   Ambulance service. +            --   Ambulatory surgical center. +            --   Cemetery or mausoleum. +            --   Church. +            --   College dormitory, fraternity or sorority house. +            --   College, university, or seminary. +            --   Community service center. +            --   Convalescent and nursing homes, hospice care, and related +institutions. +            --   Convent or monastery. +            --   Day care center. +            --   Foster home. +            --   Halfway house. +            --   Hospital. +            --   Library, art gallery, or museum. +            --   Medical clinic. +            --   Medical or scientific laboratory. +            --   Overnight general purpose shelter. +            --   Post office. +            --   Public or private school. +      (3)   All uses permitted in the underlying zoning district are allowed in +an institutional overlay district. +      (4)   The zoning regulations of the underlying zoning district are +applicable to an institutional overlay district unless otherwise provided in +this section. +   (b)   Special yard, lot, and space regulations. +      (1)   In an institutional overlay district, additional setbacks, if any, +for institutional buildings greater than 36 feet in height may be established +by the site plan process. +      (2)   Buildings in an institutional overlay district must comply with +applicable height regulations. +      (3)   If any portion of a structure is over 26 feet in height, that +portion may not be located above a residential proximity slope originating in +an R, R(A), D, D(A), TH, or TH(A) district. Exception: Structures listed in +Section +51A-4.408(a)(2) may project through the slope to a height not to exceed the +maximum structure height, or 12 feet above the slope, whichever is less. +   (c)   Special parking regulations. +      (1)   Required off-street parking for institutional uses may be located +anywhere within the boundaries of the institutional overlay district or outside +the district if the parking meets the requirements of Division +51A-4.320. +      (2)   Reserved. +      (3)   Reserved. +   (d)   Procedures for establishing an institutional overlay district. +      (1)   The applicant for an institutional overlay district shall comply +with the zoning amendment procedure for a change in the zoning district +classification. +      (2)   A site plan must be submitted after the institutional district is +established and before a building permit or certificate of occupancy is issued. +   (e)   Site plan process. +      (1)   The building official shall not issue a building permit for +additions to existing structures or for new structures except in accordance +with an approved site plan and all applicable regulations. +      (2)   Preapplication conference. An applicant for site plan approval +shall request, by letter, a preapplication conference with the director. The +letter must contain a brief, general description of the nature, location, +extent of the proposed institutional use and the list of any professional +consultants advising the applicant concerning the proposed site plan. +      (3)   Upon receipt of a request, the director shall schedule a +preapplication conference to discuss the proposed site plan. Based on the +information provided by the applicant, the director shall: +         (A)   provide initial comments concerning the merits of the proposed +development; +         (B)   state what information must be provided in the site plan +application for a complete review of the proposed development; and +         (C)   provide any other information necessary to aid the applicant in +the preparation of the site plan application. +      (4)   Application for site plan approval. An applicant for site plan +approval shall submit to the director: +         (A)   a site plan application in the form prescribed by the director +that contains at least the following information: +            (i)   The applicant’s name and address and his ownership interest +in the property proposed for development. +            (ii)   The signatures of all owners of the property proposed for +development. +            (iii)   The size of the parcel proposed for development, its street +address, and a legal description of the property. +            (iv)   A statement setting forth the current uses of the property +and plans for future development; +         (B)   ten copies of the site plan and one 8- 1/2 x 11 inch clear +transparency of the site plan; +         (C)   copies of legal instruments guaranteeing the availability of +remote off-street parking and the mode of transportation to serve that parking, +and copies of any restrictive covenants that are to be recorded with respect to +the institutional uses; and +         (D)   a site plan fee. +      (5)   Site plan. The applicant shall provide a site plan drawn to a scale +not less than 100 feet to the inch or to a scale specified by the director, on +a sheet of paper no larger than two feet by three feet. The site plan must +depict the following for a complete review of the proposed development: +         (A)   The boundary lines and dimensions of the property, existing +subdivision lots, available utilities, easements, roadways, rail lines, and +public rights-of-way that cross or are adjacent to the property. +         (B)   Topography of the property proposed for development in contours +of not less than five feet, together with any proposed grade elevations, if +different from existing elevations. +         (C)   Flood plains, water courses, marshes, drainage areas, and other +significant environmental features including, but not limited to, rock +outcroppings and major tree groupings. +         (D)   The location and use of all existing and proposed buildings or +structures. +         (E)   Total number and location of off-street parking and loading +spaces. +         (F)   All points of vehicular ingress and egress and circulation +within the property. +         (G)   Setbacks, lot coverage, and when relevant, the relationship of +the setbacks provided and the height of any existing or proposed building or +structure. +         (H)   The location, size, and arrangement of all outdoor signs and +lighting. +         (I)   The type, location, and quantity of all plant material used for +landscaping, and the type, location, and height of fences or screening and the +plantings around them. +         (J)   Location, designation, and total area of all usable open space +and any proposed improvements to the open space. +         (K)   Land uses and zoning districts contiguous to the property. +         (L)   Any other information the director determines necessary for a +complete review of the proposed development. +      (6)   Departmental review. The director shall forward the information to +the department of development services, public works, sanitation services, +water utilities, and code compliance, and to any other appropriate departments. +Within 30 days following receipt of a completed application for site plan +approval, or for a longer time agreed to by the applicant, the departments +shall review the proposed development and forward their comments, if any, in +writing to the director. Upon conclusion of the departmental review, the +director shall forward to the commission the application for site plan approval +and the written information provided by the departments. +         (A)   The directors of the departments of public works, +transportation, and water utilities shall prepare a written statement +evaluating the impact of the proposed institutional uses on public facilities +including sewers, water utilities, and streets. +         (B)   The director of water utilities shall prepare a written +statement describing any known drainage or topography problems. +      (7)   Conferences and modifications during review. If the application for +site plan approval meets one or more of the standards for site plan +disapproval, and the director and the applicant meet to discuss the application +for site plan approval, the director may accept an amended application for site +plan approval. +      (8)   City plan commission review. The commission shall review the +application for site plan approval and render its decision within 21 days from +the date of referral by the director, or for a longer time that has been agreed +to by the applicant. The commission shall review the application for site plan +approval and may approve the application, disapprove the application, or +approve the application subject to specified conditions and modifications that +are permanently marked on the site plan or made a part of the site plan +conditions. +      (9)   Standards for site plan disapproval. The commission may disapprove +an application for site plan approval upon findings of fact based on one or +more of the following standards: +         (A)   The application for site plan approval is incomplete or contains +violations of this chapter or other applicable regulations, and the applicant, +after written request from the director, has failed to supply the additional +information or correct the violation. +         (B)   The proposed site plan interferes with or is in conflict with a +right-of-way, easement, or any approved plan such as a thoroughfare plan or +transit plan. +         (C)   The proposed site plan destroys, damages, or interferes with +significant natural, topographic, or physical features of the site that are +determined significant by the commission. +         (D)   The proposed site plan is incompatible with adjacent land use +and detrimental to the enjoyment of surrounding property in that the proposed +development would create noise above the ambient level, substantially increase +traffic, or fail to provide adequate buffers. +         (E)   The points of egress and ingress or the internal circulation of +traffic within the site creates a traffic hazard, either on or off the site. +         (F)   The proposed site plan creates drainage or erosion problems to +the site or adjacent property. +      (10)   City council appeal. An applicant may appeal to city council the +decision of the commission concerning an application for site plan approval by +filing a written request with the director within ten days of the action of the +commission. +      (11)   Amendment. A site plan may be amended by following the same +procedure as required in this section. (Ord. Nos. 19455; 19786; 20920; 21044; +22026; 23694; 25047; 28073; 28424; 30239; 30654; 30994; 32002) +SEC. 51A-4.503.   D AND D-1 LIQUOR CONTROL OVERLAY DISTRICTS. +   General provisions. Note: These provisions apply only to D and D-1 Liquor +Control Overlay Districts enacted before June 11, 1987. +      (1) �� A D or D-1 liquor control overlay district is designated as “dry” +by the suffix “D” or “D-1” on the zoning district map. +      (2)   In a “D” liquor control overlay district, a person shall not sell +or serve alcoholic beverages or setups for alcoholic beverages for consumption +on or off the premises. +      (3)   In a “D-1” liquor control overlay district, a person shall not sell +or serve alcoholic beverages, or setups for alcoholic beverages, for +consumption on or off the premises, unless the sale or service is part of the +operation of a use for which a specific use permit has been granted by the city +council. +      (4)   It is a defense to prosecution under Paragraphs (2) and (3) of this +section that the alcoholic beverage or setup for alcoholic beverage is served, +but not sold, at a private residence for consumption at the residence. For +purposes of this subsection, a private residence must be a permitted +residential or lodging use listed in the use regulations of this article. If +the use is a lodging use, the term “private residence” means the guest room +only. (Ord. Nos. 19455; 21735) +SEC. 51A-4.504.   DEMOLITION DELAY OVERLAY DISTRICT. +   (a)   Purpose. A demolition delay overlay district is intended to encourage +the preservation of historically significant buildings that are not located in +a historic overlay district by helping the property owner identify alternatives +to demolition. +   (b)   General provisions. +      (1)   The city plan commission or city council may initiate a demolition +delay overlay district following the procedure in Section 51A-4.701, "Zoning +Amendments." +      (2)   This section applies to any building located in a demolition delay +overlay district that is at least 50 years old and meets one of the following +criteria: +         (A)   the building is located in a National Register Historic District +or is individually listed on the National Register of Historic Places; +         (B)   the building is designated as a Recorded Texas Historic +Landmark; +         (C)   the building is designated as a State Archeological Landmark; +         (D)   the building is designated as a National Historic Landmark; +         (E)   the building is listed as significant in the 2003 Downtown +Dallas/Architecturally Significant Properties Survey; or +         (F)   the building is listed as contributing in the 1994 Hardy-Heck- +Moore Survey. +   (c)   Demolition delay process. +      (1)   Phase I. +         (A)   Upon receipt of a complete application to demolish a building +that is in a demolition delay overlay district, the building official shall +refer the application to the historic preservation officer. +         (B)   Within 10 days after the historic preservation officer receives +an application to demolish a building within a demolition delay overlay +district, the historic preservation officer shall determine whether the +building meets the requirements in Subsection (b)(2). +         (C)   If the historic preservation officer determines that a building +within a demolition delay overlay district does not meet the criteria in +Subsection (b)(2) and the application meets the requirements for issuing a +demolition permit in the Dallas Building Code, the building official shall +grant the application to demolish a building. +      (2)   Phase II. +         (A)   Within 45 days after determining whether a building within a +demolition delay overlay district meets the requirements in Subsection (b)(2), +the historic preservation officer shall schedule a meeting with the building's +owner and appropriate city officials to discuss alternatives to demolition, +such as historic designation under Section 51A-4.501; historic preservation tax +exemptions and economic development incentives for historic properties under +Article XI; loans or grants from public or private resources; acquisition of +the building; and variances. +         (B)   The historic preservation officer shall post notice of the +meeting with the building's owner on the city's website. +         (C)    Within two working days after the historic preservation officer +determines the building within the demolition delay overlay district meets the +requirements in Subsection (b)(2), the historic preservation officer shall post +a sign on the property to notify the public that an application has been made +for a demolition permit within a demolition delay overlay district. The sign +must include a phone number where citizens can call for additional information. +         (D)   The meeting may include organizations that foster historic +preservation, urban planning, urban design, development, and improve ment in +demolition delay overlay districts. +         (E)   If at the end of the 45-day period the application meets the +requirements of the Dallas Building Code and the building owner declines to +enter into an agreement as outlined in Paragraph (3), the building official +shall grant the application to demolish a building within a demolition delay +overlay district. +      (3)   Phase III. The property owner may enter into an agreement with the +city to delay granting a demolition permit for an additional time period to +continue exploration of alternatives to demolition. (Ord. 29893) +SEC. 51A-4.505.   CONSERVATION DISTRICTS. +   (a)   Definitions. In this section: +      (1)   AREA means the land within the boundaries of a proposed CD that may +include subdistricts, land within the boundaries proposed to be added to an +established CD that may include subdistricts, or land within the boundaries of +a proposed subdistrict. +      (2)   BLOCKFACE means the linear distance of lots along one side of a +street between the two nearest intersecting streets. If a street dead ends, the +terminus of the dead end will be treated as an intersecting street. +      (3)   CD means conservation district. +      (4)   CD ORDINANCE means the ordinance establishing or amending a +particular conservation district. +      (5)   DEMOLITION means the intentional destruction of an entire building. +      (6)   NEIGHBORHOOD COMMITTEE means the property owners of at least 10 +properties within a proposed CD, proposed area to be added to an established +CD, or an established CD; or, if less than 10 properties, 50 percent of the +property owners within the proposed CD, proposed area to be added to an +established CD, or an established CD. +      (7)   PHYSICAL ATTRIBUTES means the physical features of buildings and +structures, including the architectural style; characteristics of a period; and +method of construction, and may also include those physical characteristics of +an area that help define or make an area unique, including scale; massing; +spatial relationship between buildings; lot layouts; setbacks; street layouts; +streetscape characteristics or other natural features; or land-use patterns. +      (8)   STABLE means that the area is expected to remain substantially the +same over the next 20 years with continued maintenance of the property. While +some changes in structures, land uses, and densities may occur, all such +changes are expected to be compatible with surrounding development. +      (9)   STABILIZING means that the area is expected to become stable over +the next 20-year period through continued reinvestment, maintenance, or +remodeling. +   (b)   Findings and purpose. +      (1)   State law authorizes the city of Dallas to regulate the +construction, alteration, reconstruction, or razing of buildings and other +structures in "designated places and areas of historic, cultural, or +architectural importance and significance." +      (2)   Conservation districts are intended to provide a means of +conserving an area's distinctive character by protecting or enhancing its +physical attributes. +      (3)   Conservation districts are distinguished from historic overlay +districts, which preserve historic residential or commercial places; +neighborhood stabilization overlay districts, which preserve single family +neighborhoods by imposing neighborhood- specific yard, lot, and space +regulations that reflect the existing character of the neighborhood; and +planned development districts, which provide flexibility in planning and +construction while protecting contiguous land uses and significant features. +      (4)   The purpose of a CD is to: +         (A)   protect the physical attributes of an area or neighborhood; +         (B)   promote development or redevelopment that is compatible with an +existing area or neighborhood; +         (C)   promote economic revitalization; +         (D)   enhance the livability of the city; and +         (E)   ensure harmonious, orderly, and efficient growth. +   (c)   General provisions. +      (1)   Each CD must be established by a separate CD ordinance. +      (2)   A CD may replace a planned development district or a neighborhood +stabilization overlay. A CD may include an historic district overlay. A CD may +not be placed on a planned development district or a neighborhood stabilization +overlay. +      (3)   For purposes of determining the applicability of regulations in +this chapter triggered by adjacency or proximity to another zoning district, an +identifiable portion of a CD governed by a distinct set of use regulations is +treated as though it were a separate zoning district. If the CD district or a +portion of the district is limited to those uses permitted in an expressly +stated zoning district, the CD district or portion of the district is treated +as though it were that expressly stated zoning district; otherwise it is +treated as though it were: +         (A)   a TH-3(A) zoning district if it is restricted to single family +and/or duplex uses; +         (B)   an MF-2(A) zoning district if it is restricted to residential +uses not exceeding 36 feet in height and allows multifamily uses; +         (C)   an MF-3(A) zoning district if it is restricted to residential +uses and allows multifamily uses exceeding 36 feet in height; or +         (D)   a nonresidential zoning district if it allows a nonresidential +use. +   (d)   Establishing a conservation district. +      (1)   Determination of eligibility. +         (A)   Before a neighborhood committee may request pre-application +meetings or apply for a CD, a neighborhood committee must request a +determination of eligibility and the director must determine that an area is +eligible. A request for determination of eligibility is not an application for +a CD. +         (B)   A neighborhood committee must submit a request for determination +of eligibility on a form furnished by the department. The request for a +determination of eligibility must include: +            (i)   The names and addresses of the neighborhood committee +members. +            (ii)   The name and address of the neighborhood committee member +designated to receive notice and information from the department. +            (iii)   A map of the request area. +            (iv)   A written statement explaining how the neighborhood +committee selected the request area. For example, the request area is the +original subdivision. +            (v)   A list of the architectural styles of each main building in +the area of request and the year that each main building was constructed. +            (vi)   A written statement describing the physical attributes of +the area, including the architectural styles, period of significance, and +method of construction. +            (vii)   A written statement describing how the area of request +meets all of the eligibility criteria in Section +51A-4.505(d)(1)(C). +            (viii)   Any other information that the director deems necessary. +         (C)   Within 65 days after a complete request for determination of +eligibility is submitted, the director shall make a determination of +eligibility. An area is not eligible for a CD unless it satisfies all of the +following criteria: +            (i)   The area contains at least one blockface. +            (ii)   The area must be either "stable" or "stabilizing" as defined +in this section. +            (iii)   The area is compact and contiguous with boundary lines +drawn to the logical edges of the area or subdivision, as indicated by a creek, +street, subdivision line, utility easement, zoning boundary line, or other +boundary. +            (iv)   At least 75 percent of the lots are developed with main +buildings that are at least 25 years old. +            (v)   The area has physical attributes that include recognizable +architectural style(s). +         (D)   If the director determines that the area is eligible for a CD, +the director shall notify the designated neighborhood committee member in +writing. Notice is given by depositing the notice properly addressed and +postage paid, return receipt requested, in the United States mail. The +director's determination that an area is eligible for a CD may not be appealed. +         (E)   After the director determines an area is eligible for a CD, the +boundaries may only be changed by city council at a public hearing to consider +a proposed CD or by a request for a new determination of eligibility after the +original determination of eligibility expires. A request for a new +determination of eligibility with different boundaries must be made before a +neighborhood committee may request pre- application meetings or apply for a CD. +          (F)   If the director determines that the area is not eligible for a +CD, the director shall notify the designated neighborhood committee member in +writing why the proposed area is not eligible. Notice is given by depositing +the notice properly addressed and postage paid, return receipt requested, in +the United States mail. The director's determination that an area is not +eligible for a CD classification may be appealed to the city plan commission by +the neighborhood committee. +         (G)   An appeal of a determination that an area is not eligible for a +CD is made by filing a written notice of appeal with the director. The notice +of appeal must be filed within 30 days after the director provides written +notice to the designated neighborhood committee member. The sole issue on +appeal is whether the director erred in the determination of eligibility. The +city plan commission shall consider the same criteria that the director is +required to consider. +         (H)   The city plan commission's determination of eligibility on +appeal is final. If the city plan commission determines that the area is not +eligible for a CD, no further requests for determination of eligibility may be +considered for the area of request for two years from the date of its decision. +A property owner within the area of request may apply for a waiver of the two- +year limitation period pursuant to Section +51A-4.701(d)(3). +      (2)   Pre-application meetings. +         (A)   After an area is determined eligible for a CD and before a +neighborhood committee may apply for a CD, a neighborhood committee must +request pre-application meetings. A request for pre- application meetings is +not an application for a CD. +         (B)   Pre-application meetings are held by the department. Pre- +application meetings are intended to inform the neighborhood committee and +property owners within the eligible area about the determination of eligibility +process, purpose of a CD, and the CD ordinance process. Pre-application +meetings are also held to discuss and establish a list of development and +architectural standards the neighborhood is interested in regulating. +         (C)   Within 65 days after the director has determined that an area is +eligible for a CD, the neighborhood committee must submit a request for pre- +application meetings on a form furnished by the department or the determination +of eligibility for that area expires. If the determination of eligibility +expires, a neighborhood committee must submit a new request for determination +of eligibility and the director must determine that the area is eligible before +a request for pre-application meetings may be submitted. +         (D)   Within 60 days after a complete request for pre-application +meetings is submitted, the director shall schedule the first of at least two +pre- application meetings. Notice of each pre-application meeting shall be +given at least 10 days before the pre- application meeting to all property +owners within the area eligible for a CD as evidenced by the last certified +municipal tax roll. +         (E)   Within 14 days after the last pre- application meeting, the +department shall provide the designated neighborhood committee member with the +original petition forms. +         (F)   The original petition forms must include a map showing the +boundaries of the area determined eligible for a CD; a list of the development +and architectural standards a CD may regulate; the development and +architectural standards established at the pre-application meetings that +neighborhood is interested in regulating; the name and address of all property +owners within the proposed CD; the deadline for the required signatures; and a +statement that by signing the petition, the property owner is indicating +support for initiating a process that may result in a change of zoning. +         (G)   Once the original petition forms are provided to the designated +neighborhood committee member, additions to the development and architectural +standards established by the neighborhood and listed on the original petition +forms may only be recommended by city plan commission and approved by the city +council. +      (3)   Application for a CD. +         (A)   After an area is determined eligible for a CD and the pre- +application meetings have been held by the department, a neighborhood committee +may submit an application for a CD. +         (B)   The application must be on a form provided by the department and +must include: +            (i)   The original petition forms submitted with the dated +signatures of property owners within the area determined eligible for a CD in +support of the proposed CD that represent at least 58 percent of the land, +excluding streets and alleys, within the proposed CD or 58 percent of the lots +within the proposed CD. +               (aa)   For a proposed CD with 200 or fewer lots, the signatures +on the original petition forms must be dated within 12 months following the +date the original petition forms are provided to the designated neighborhood +committee member. +               (bb)   For a proposed CD with 201 to 500 lots, the signatures on +the original petition forms must be dated within 15 months following the date +the original petition forms are provided to the designated neighborhood +committee member. +               (cc)   For a proposed CD with more than 500 lots, the signatures +on the original petition forms must be dated within 18 months following the +date the original petition forms are provided to the designated neighborhood +committee member. +            (ii)   The application fee, if applicable. +               (aa)   If the original petition forms are signed by 75 percent +or more of the lots within the proposed CD boundaries, the application fee is +waived. +              ��(bb)   If the proposed CD is authorized pursuant to Section +51A-4.701(a)(1), the application fee is waived. +            (iii)   Any other information that the director deems necessary. +         (C)   Within 30 days after an application for a CD is submitted, the +director shall verify the original petition forms and determine if the +application is complete. The time the director takes to review an application +for completeness is not counted toward the date requirements in Section +51A-4.505(d)(3)(B)(i) for signatures in support of the proposed CD. +         (D)   If the application is deemed complete or the CD is authorized +pursuant to Section +51A-4.701(a)(1), a public hearing to create a CD is initiated. +         (E)   If the director deems the application incomplete, the director +shall notify the designated neighborhood committee member in writing of the +application deficiencies and return the incomplete application. Notice is given +by depositing the notice properly addressed and postage paid, return receipt +requested, in the United States mail. +         (F)   For purposes of Section +51A-4.701, "Zoning Amendments," once a CD application has been deemed complete, +the CD shall be treated as a city plan commission authorized public hearing and +may not be appealed to city council if the city plan commission recommends +denial. If the proposed CD is initiated by application, the notice of +authorization in Section +51A-4.701(a)(1) is not required. +      (4)   Preparing a CD ordinance. +         (A)   Within 30 days after a CD application is deemed complete, the +director shall begin scheduling neighborhood meetings. Neighborhood meetings +shall be held as necessary to receive input from property owners regarding the +content of the CD ordinance. +         (B)   The city shall prepare a CD ordinance that includes: +            (i)   a map showing the boundaries of the area, including any +subdistricts, that the director determined eligible for a CD; +            (ii)   maps and other graphic and written materials describing the +physical attributes of the proposed CD; and +            (iii)   regulations for development and architectural standards. +         (C)   The CD ordinance must include the following: +            (i)   Development standards. +               (aa)   accessory structures. +               (bb)   building and structure height; +               (cc)   density; +               (dd)   fences and walls; +               (ee)   floor area ratio; +               (ff)   lot coverage; +               (gg)   lot size; +               (hh)   off-street parking and loading requirements; +               (ii)   permitted uses; +               (jj)   setbacks; and +               (kk)   stories. +            (ii)   Architectural standards. +               (aa)   architectural styles; +               (bb)   building elevations; +               (cc)   building materials; +               (dd)   chimneys; +               (ee)   porch styles; +               (ff)   roof form or pitch; +               (gg)   roofing materials; and +               (hh)   windows. +         (D)   The CD ordinance may also include, but is not limited to, the +following development and architectural standards: +            (i)   building relocation; +            (ii)   building width; +            (iii)   demolition; +            (iv)   driveways, curbs, and sidewalks; +            (v)   foundations; +            (vi)   garage location and entrance; +            (vii)   impervious surfaces; +            (viii)   landscaping or other natural features; +            (ix)   massing; +            (x)   paint colors; +            (xi)   solar energy systems and the components; +            (xii)   steps; or +            (xiii)   window and dormer size and location. +         (E)   At least 30 days before the city plan commission public hearing +to consider the proposed CD ordinance, the director shall conduct a +neighborhood meeting to review the proposed CD ordinance. +         (F)   Notice of the neighborhood meeting shall be given at least 10 +days before the neighborhood meeting to all property owners within the +boundaries of the proposed CD as evidenced by the last certified municipal tax +roll. The notice must include a web address where an electronic copy of the +draft CD ordinance may be found. +         (G)   After the neighborhood meeting and at least 10 days before +consideration by the city plan commission, the director shall send written +notice of the city plan commission public hearing and a reply form to all +property owners within the area of notification as evidenced by the last +certified municipal tax roll. The reply form allows the recipient to indicate +support or opposition to the proposed CD and give written comments. The +director shall report to the city plan commission the percentage of replies in +favor and in opposition, and summarize any comments. +         (H)   If city plan commission recommends approval of the proposed CD, +at least 10 days before consideration by the city council, the director shall +send written notice of the city council public hearing and a reply form to all +property owners within the area of notification as evidenced by the last +certified municipal tax roll. The reply form allows the recipient to indicate +support or opposition to the proposed CD and give written comments. The +director shall report to the city council the percentage of replies in favor +and in opposition, and summarize any comments. +   (e)   Expanding an established CD. +      (1)   In general. Before a neighborhood committee or, if the area +proposed to be added is one lot, an applicant may request petitions or apply to +expand an established CD, a neighborhood committee or applicant must request a +determination of eligibility for the proposed area to be added and the director +must determine that the area is eligible. A request for determination of +eligibility is not an application to amend an established CD. +      (2)   Determination of eligibility. +         (A)   A neighborhood committee or, if the area proposed to be added is +one lot, an applicant must submit a request for determination of eligibility on +a form furnished by the department. The request for determination of +eligibility must include: +            (i)   The names and addresses of the neighborhood committee members +or applicant. +            (ii)   If applicable, the name and address of the neighborhood +committee member designated to receive notice and information from the +director. +            (iii)   A map of the request area to be added that is compact and +contiguous with the established CD. +            (iv)   A written statement explaining how the neighborhood +committee or the applicant selected the request area. For example, the proposed +area is part of the original subdivision but was not included when the CD was +established. +            (v)   A list of the architectural styles of each main building in +the area of request and the year that each main building was constructed. +            (vi)   A written statement describing the physical attributes of +the area, including the architectural styles, period of significance, and +method of construction and how these physical attributes, including the +architectural styles, are similar to and compatible with the established CD. +            (vii)   A written statement describing how the proposed area meets +all of the eligibility requirements in Section +51A-4.505(d)(1)(C) except that the area proposed is not required to be at least +one blockface. +            (viii)   Any other information that the director deems necessary. +         (B)   Within 65 days after a complete request for determination of +eligibility is submitted, the director shall make a determination of +eligibility. An area is not eligible to be added to an established CD unless: +            (i)   the area satisfies all of the criteria in Section +51A-4.505(d)(1)(C), except that the area to be added is not required to be at +least one blockface, and +            (ii)   the area to be added is similar to and compatible with the +physical attributes of the established CD. +         (C)   If the director determines that the proposed area is eligible to +be added to an established CD, the director shall notify the designated +neighborhood committee member or applicant in writing. Notice is given by +depositing the notice properly addressed and postage paid, return receipt +requested, in the United States mail. The director's determination that an area +is eligible for a CD may not be appealed. +         (D)   After the director determines an area is eligible to be added to +an established CD, the boundaries may only be changed by city council at a +public hearing to consider expanding an established CD or by a request for a +new determination of eligibility after the original determination of +eligibility expires. A request for a new determination of eligibility with +different boundaries must be made before a neighborhood committee or applicant +may request petitions or apply to expand an established CD. +         (E)   If the director determines that the area is not eligible to be +added to an established CD, the director shall notify the designated +neighborhood committee member or applicant in writing why the area is not +eligible. Notice is given by depositing the notice properly addressed and +postage paid, return receipt requested, in the United States mail. +         (F)   The director's determination that an area is not eligible to be +added to a CD may be appealed to the city plan commission by the neighborhood +committee or applicant. +         (G)   An appeal of a determination that an area is not eligible for a +CD is made by filing a written notice of appeal with the director. The notice +of appeal must be filed within 30 days after the director provides written +notice to the designated neighborhood committee member or applicant. The sole +issue on appeal is whether the director erred in the determination of +eligibility. The city plan commission shall consider the same criteria that the +director is required to consider. +         (H)   The city plan commission's determination of eligibility on +appeal is final. If the city plan commission determines that the area is not +eligible for a CD, no further requests for determination of eligibility may be +considered for the area of request for two years from the date of its decision. +A property owner within the area of request may apply for a waiver of the two- +year limitation period pursuant to Section +51A-4.701(d)(3). +      (3)   Request for petitions. +         (A)   After an area is determined eligible to be added into an +established CD and before a neighborhood committee or applicant may apply to +expand an established CD, a neighborhood committee or applicant must request +petitions. A request for petitions is not an application to amend an +established CD. +         (B)   A neighborhood committee or applicant must submit a request for +petitions within 65 days after the director determines that the area is +eligible to be added to an established CD or the determination of eligibility +for that proposed area to be added expires. If the determination of eligibility +expires, a neighborhood committee or applicant must submit a new request for +determination of eligibility and the director must determine that the area is +eligible before a request for petitions may be submitted. +         (C)   The request for petitions must be on a form furnished by the +department and must include the names and addresses of the neighborhood +committee members or the applicant and a list of the development and +architectural standards listed in Sections +51A-4.505(d)(4)(C) and (D) that a neighborhood committee or applicant is +interested in regulating. +         (D)   Within 14 days after a complete request for petitions is +submitted, the director shall provide the designated neighborhood committee +member or applicant with the original petition forms. +         (E)   The original petition forms must include a map showing the +boundaries of the established CD and the area eligible to be added to the +established CD; a list of the development and architectural standards a CD may +regulate; the development and architectural standards the neighborhood or +applicant is interested in regulating; the name and address of all property +owners within the area proposed to be added to an established CD; the deadline +for the required signatures; and a statement that by signing the petition, the +property owner is indicating support for initiating a process that may result +in a change of zoning. +         (F)   Once the original petition forms are provided to the designated +neighborhood committee member or applicant, additions to the development and +architectural standards established by the neighborhood and listed on the +original petition forms may only be recommended by city plan commission and +approved by the city council. +         (G)   Within 60 days after the department provides the designated +neighborhood committee member or applicant with the original petition forms, +the department shall schedule a neighborhood meeting. Notice of the +neighborhood meeting shall be given at least 10 days before the neighborhood +meeting to all property owners within the proposed area to be added and the +established CD as evidenced by the last certified municipal tax roll. +         (H)   The neighborhood meeting is held by the department. The purpose +of the neighborhood meeting is to inform the property owners within the +established CD, and the proposed area to be added, that petitions have been +requested to expand the established CD. +      (4)   Application to expand an established CD. +         (A)   After an area is determined eligible to be added to an +established CD and the neighborhood committee or applicant has requested and +received the original petition forms, the neighborhood committee or applicant +may submit an application to expand an established CD. +         (B)   The application must be on a form provided by the department and +must include: +            (i)   The original petition forms with dated signatures of property +owners within the proposed area to be added into the established CD that are in +support of being added to the established CD. +            (ii)   The signatures on the original petition forms must be dated +within 60 days after the date the director provides the original petition forms +to the neighborhood committee or applicant and must represent at least 58 +percent of the land, excluding streets and alleys, within the proposed area to +be added to the CD; or 58 percent of the lots within the area proposed to be +added to the CD. +            (iii)   The application fee, if applicable. If the proposed +expansion of the established CD is authorized pursuant to Section +51A-4.701(a)(1), the application fee is waived. +            (iv)   Any other information that the director deems necessary. +         (C)   Within 30 days after an application to expand an established CD +is submitted, the director shall verify the original petition forms and +determine if the application is complete. The 30 day application review period +is not counted toward the signature date requirement in Section +51A-4.505(e)(4)(B)(ii). +         (D)   If the director deems the application complete or the request to +expand the established CD is authorized pursuant to Section +51A-4.701(a)(1), a public hearing to expand an established CD is initiated. +         (E)   If the director deems the application incomplete, the director +shall notify the designated neighborhood committee member in writing of the +deficiencies and return the incomplete application. Notice is given by +depositing the notice properly addressed and postage paid, return receipt +requested, in the United States mail. +      (5)   Preparing an ordinance to expand an established CD. +         (A)   The city shall prepare amendments to the established CD in +accordance with Sections +51A-4.505(d)(4)(B) through (D) to establish development and architectural +standards for the area to be added. +         (B)   At least 10 days before consideration by the city plan +commission, the director shall send written notice of the city plan commission +public hearing and a reply form to all property owners within the area of +notification as evidenced by recent tax rolls. The reply form allows the +recipient to indicate support or opposition to the proposed expansion of the +established CD and give written comments. The director shall report to the city +plan commission the percentage of replies in favor and in opposition, and +summarize any comments. +         (C)   At least 10 days before consideration by the city council, the +director shall send written notice of the city council public hearing and a +reply form to all property owners within the area of notification as evidenced +by recent tax rolls. The reply form allows the recipient to indicate support or +opposition to the proposed expansion of the established CD and give written +comments. The director shall report to the city council the percentage of +replies in favor and in opposition, and summarize any comments.   +   (f)   Amending regulations in an established CD. +      (1)   Pre-application meetings. +         (A)   To amend regulations that affect an entire established CD, a +neighborhood committee must first request pre-application meetings. A request +for pre-application meetings is not an application for a CD. +         (B)   Pre-application meetings are held by the department. Pre- +application meetings are intended to inform the property owners within the +established CD that a neighborhood committee is interested in amending +regulations in the established CD and to discuss and establish a list of +development and architectural standards the neighborhood is interested in +amending or adding to the established CD. +         (C)   Within 60 days after a complete request for pre-application +meetings is submitted, the director shall schedule the first of at least two +pre-application meetings. Notice of each pre-application meeting shall be given +at least 10 days before the pre-application meeting to all property owners +within the established CD as evidenced by the last certified municipal tax +roll. +         (D)   Within 14 days after the last pre-application meeting, the +department shall provide the designated neighborhood committee member with the +original petition forms. +         (E)   The original petition forms must include a map showing the +boundaries of the established CD; a list of the development and architectural +standards a CD may regulate; the development and architectural standards +established at the pre-application meetings that the neighborhood is interested +in amending or adding; the name and address of all property owners within the +established CD; the deadline for the required signatures; and a statement that +by signing the petition, the property owner is indicating support for +initiating a process that may result in a change of zoning. +         (F)   Once the original petition forms are provided to the designated +neighborhood committee member, additions to the development and architectural +standards established by the neighborhood and listed on the original petition +forms may only be recommended by the city plan commission and approved by the +city council. +      (2)   Application to amend an established CD. +         (A)   After the pre-application meetings have been held by the +department, a neighborhood committee may submit an application to amend an +established CD that affects the entire CD. +         (B)   The application must be on a form provided by the department and +must include: +            (i)   The original petition forms submitted with the dated +signatures of property owners within the established CD in support of amending +the established CD that represent at least 58 percent of the land, excluding +streets and alleys, within the established CD or 58 percent of the lots within +the established CD. +               (aa)   For an established CD with 200 or fewer lots, the +signatures on the original petition forms must be dated within 12 months +following the date the original petition forms are provided to the designated +neighborhood committee member. +               (bb)   For an established CD with 201 to 500 lots, the +signatures on the original petition forms must be dated within 15 months +following the date the original petition forms are provided to the designated +neighborhood committee member. +               (cc)   For an established CD with more than 500 lots, the +signatures on the original petition forms must be dated within 18 months +following the date the original petition forms are provided to the designated +neighborhood committee member. +            (ii)   The application fee, if applicable. +               (aa)   If the original petition forms are signed by 75 percent +or more of the lots within the established CD boundaries, the application fee +is waived. +               (bb)   If the established CD is authorized pursuant to Section +51A-4.701(a)(1), the application fee is waived. +            (iii)   Any other information that the director deems necessary. +         (C)   Within 30 days after an application to amend an established CD +is submitted, the director shall verify the original petition forms and +determine if the application is complete. The time the director takes to review +an application for completeness is not counted toward the date requirements in +Section +51A-4.505(d)(3)(B)(i) for signatures in support of the proposed CD. +         (D)   If the application is deemed complete or an amendment to the +established CD is authorized pursuant to Section +51A-4.701(a)(1), a public hearing to create a CD is initiated. +         (E)   If the director deems the application incomplete, the director +shall notify the designated neighborhood committee member in writing of the +application deficiencies and return the incomplete application. Notice is given +by depositing the notice properly addressed and postage paid, return receipt +requested, in the United States mail. +         (F)   For purposes of Section +51A-4.701, "Zoning Amendments," once an application to amend regulations in an +established CD has been deemed complete, the application shall be treated as a +city plan commission authorized public hearing and may not be appealed to city +council if the city plan commission recommends denial. If the application to +amend regulations in an established CD is initiated by application, the notice +of authorization in Section +51A-4.701(a)(1) is not required. +      (3)   Preparing an ordinance to amend an established CD. +         (A)   Within 30 days after an application to amend an established CD +is deemed complete, the director shall begin scheduling neighborhood meetings. +Neighborhood meetings shall be held as necessary to receive input from property +owners regarding the amendments to the established CD. Notice of neighborhood +meetings shall be given at least 10 days before the neighborhood meeting to all +property owners within the boundaries of the established CD as evidenced by the +last certified municipal tax roll. +         (B)   The city shall prepare an ordinance amending an established CD +in accordance with Sections +51A-4.505(d)(4) (B) through (D). +         (C)   At least 30 days before the city plan commission public hearing +to consider proposed amendments to an established CD, the director shall +conduct a neighborhood meeting to review the proposed ordinance amending the +established CD. +         (D)   Notice of the neighborhood meeting shall be given at least 10 +days before the neighborhood meeting to all property owners within the +boundaries of the established CD as evidenced by the last certified municipal +tax roll. The notice must include a web address where an electronic copy of the +draft proposed ordinance amending the established CD may be found. +         (E)   After the neighborhood meeting and at least 10 days before +consideration by the city plan commission, the director shall send written +notice of the city plan commission public hearing and a reply form to all +property owners within the area of notification as evidenced by the last +certified municipal tax roll. The reply form allows the recipient to indicate +support or opposition to the proposed CD and give written comments. The +director shall report to the city plan commission the percentage of replies in +favor and in opposition, and summarize any comments. +         (F)   If city plan commission recommends approval of the proposed CD, +at least 10 days before consideration by the city council, the director shall +send written notice of the city council public hearing and a reply form to all +property owners within the area of notification. The reply form allows the +recipient to indicate support or opposition to the proposed CD and give written +comments. The director shall report to the city council the percentage of +replies in favor and in opposition, and summarize any comments. +   (g)   Creating or amending a subdistrict within an established CD. +      (1)   An application to create or amend a subdistrict within an +established CD must comply with Section +51A-4.701(a)(2). +      (2)   At least 30 days before a city plan commission public hearing to +consider creating or amending a subdistrict within an established CD, the +director shall hold a neighborhood meeting. +      (3)   Notice of the neighborhood meeting shall be given at least 10 days +before the neighborhood meeting to all property owners within the established +CD as evidenced by the last certified municipal tax roll. +      (4)   The purpose of the neighborhood meeting is to inform the property +owners within the established CD of the application to create or amend a +subdistrict within an established CD. +      (5)   The city shall prepare an ordinance creating or amending a +subdistrict within an established CD in accordance with Sections +51A-4.505(d)(4)(B) through (D). +      (6)   The city council shall not grant a request to create or amend a +subdistrict within an established CD except upon a finding that the creating or +amending a subdistrict within the established CD will not: +         (A)   alter the essential character of the established CD, or +         (B)   be detrimental to the overall purpose of the established CD. +   (h)   Removing property from an established CD. +      (1)   An application to remove property from an established CD must +comply with Section +51A-4.701(a)(2). +      (2)   At least 30 days before a city plan commission public hearing to +consider removing property from an established CD, the director shall hold a +neighborhood meeting. +      (3)   Notice of the neighborhood meeting shall be given at least 10 days +before the neighborhood meeting to all property owners within the established +CD as evidenced by the last certified municipal tax roll. +      (4)   The purpose of the neighborhood meeting is to inform the property +owners within the established CD of the application to remove a property from +an established CD. +      (5)   The city council shall not grant a request to remove property from +an established CD except upon a finding that removing property from the +established CD will not: +         (A)   alter the essential character of the established CD, or +         (B)   be detrimental to the overall purpose of the established CD. +   (i)   Work review procedures. +      (1)   Review form applications. A review form application must be +submitted for any work covered by the standards in a CD ordinance. +      (2)   Work requiring a building permit. +         (A)   Upon receipt of a review form application for work requiring a +building permit, the building official shall refer the review form application +to the director to determine whether the work complies with the standards of +the applicable CD ordinance. Within 30 days after submission of a complete +review form application, the director shall review and determine whether the +work complies with the standards of the applicable CD ordinance. +         (B)   If the director determines that the work complies with the +standards of the applicable CD ordinance, the director shall approve the review +form application and send it back to the building official, who shall issue the +building permit if all requirements of the construction codes and other +applicable ordinances have been met. +         (C)   If the director determines that the work does not comply with +the standards of the applicable CD ordinance, the director shall state in +writing the specific CD ordinance requirements that must be met before a +building permit may be issued and send it back to the building official, who +shall deny the building permit. The director shall give written notice to the +applicant stating the reasons the building permit is denied. +      (3)   Work not requiring a building permit. +         (A)   Upon receipt of a review form application for work not requiring +a building permit, the director shall review and determine whether the work +complies with the standards of the applicable CD ordinance within 10 days after +submission of a complete review form application. +         (B)   If the director determines that the work complies with the +standards of the applicable CD ordinance, the director shall approve the review +form application and give written notice to the applicant. +         (C)   If the director determines that the work does not comply with +the standards of the applicable CD ordinance, the director shall state in +writing the specific CD ordinance requirements to be met before the work review +application may be approved. The director shall give written notice to the +applicant stating the reasons for denial. +   (j)   Appeals. +      (1)   An applicant may appeal any decision regarding a review form +application made by the director or any aggrieved person may appeal a final +decision of an administrative official, to the board of adjustment by filing a +written appeal within 15 days after notice of the decision is given by the +director or the official in accordance with Section +51A-4.703(a). +      (2)   The regulations and procedures in Section +51A-4.703 apply to an appeal to the board of adjustment under this section, +including staying proceedings, notice of hearing, and board action. +      (3)   In considering the appeal, the sole issue before the board of +adjustment shall be whether the director or the administrative official erred +in the decision. The board shall consider the same standards required to be +considered by the director or the administrative official. +      (4)   Appeals to the board of adjustment are the final administrative +remedy. +   (k)   Conflicts. If there is a conflict between the text of this section and +the text of a CD ordinance, the text of the CD ordinance controls. +   (l)   Board of adjustment fee waiver. The board of adjustment may waive any +filing fee for an appeal from a decision of the building official interpreting +a CD ordinance, or for a variance or special exception to a CD ordinance +requirement when the board finds that payment of the fee would result in +substantial financial hardship to the applicant. The applicant may either pay +the fee and request reimbursement as part of his appeal or request that the +matter be placed on the board's miscellaneous docket for predetermination. If +the matter is placed on the miscellaneous docket, the applicant may not file +his appeal until the merits of the request for waiver have been determined by +the board. (Ord. Nos. 19455; 19930; 20037; 20308; 24843; 29702) +SEC. 51A-4.506.   MODIFIED DELTA OVERLAY DISTRICT. +   (a)   Definitions. In this section: +   DELTA THEORY means “delta theory” as defined in Section +51A-4.704 of this chapter. +   (b)   General provisions. +      (1)   The city council may establish a modified delta overlay district in +those areas where it determines that a continued application of the delta +theory is not justified because: +         (A)   there is no longer a need to encourage redevelopment and +adaptive reuse of existing structures; or +         (B)   a continued application of the delta theory will create traffic +congestion and public safety problems and would not be in the public interest. +      (2)   In a modified delta overlay district, the city council may limit +the number or percentage of nonconforming parking or loading spaces that may be +carried forward by a use under the delta theory. An ordinance establishing a +modified delta overlay district in which nonconforming parking or loading +spaces are limited by number rather than by percentage must specify the method +by which the nonconforming spaces are to be allocated among property owners. +      (3)   An ordinance establishing a modified delta overlay district may not +increase the number of nonconforming parking or loading spaces that may be +carried forward under the delta theory when a use is converted or expanded. +      (4)   An ordinance establishing a modified delta overlay district must +provide that when a use located in the district is converted to a new use +having lesser parking or loading requirements, the rights to any portion of the +nonconforming parking or loading not needed to meet the new requirements are +lost. +      (5)   An ordinance establishing a modified delta overlay district may +restrict or eliminate the availability of the off-street parking special +exception described in Section +51A-4.301(i). +      (6)   An ordinance establishing a modified delta overlay district may +allow the remote parking distances contained in the special parking regulations +(Division +51A-4.320) to be increased and allow special parking to account for more than +50 percent of the off-street parking required for any use. (Ord. Nos. 19786; +22471) +SEC. 51A-4.507.   NEIGHBORHOOD STABILIZATION OVERLAY. +   (a)   Findings and purpose. +      (1)   The city council finds that the construction of new single family +structures that are incompatible with existing single family structures within +certain established neighborhoods is detrimental to the character, stability, +and livability of that neighborhood and the city as a whole. +      (2)   The neighborhood stabilization overlay is intended to preserve +single family neighborhoods by imposing neighborhood-specific yard, lot, and +space regulations that reflect the existing character of the neighborhood. The +neighborhood stabilization overlay does not prevent construction of new single +family structures or the renovation, remodeling, repair or expansion of +existing single family structures, but, rather, ensures that new single family +structures are compatible with existing single family structures. +      (3)   The yard, lot, and space regulations of the neighborhood +stabilization overlay are limited to facilitate creation and enforcement of the +regulations. +      (4)   Neighborhood stabilization overlay districts are distinguished from +historic overlay districts, which preserve historic residential or commercial +places; and from conservation districts, which conserve a residential or +commercial area’s distinctive atmosphere or character by protecting or +enhancing its significant architectural or cultural attributes. +   (b)   Definitions. In this section: +      (1)   BLOCKFACE means the linear distance of lots along one side of a +street between the two nearest intersecting streets. If a street dead-ends, the +terminus of the dead-end will be treated as an intersecting street. +      (2)   CORNER SIDE YARD is a side yard abutting a street. +      (3)   DISTRICT means a neighborhood stabilization overlay district. +      (4)   HEIGHT PLANE means a plane projecting upward and toward the subject +lot from a point six feet above grade at the center line of the street adjacent +to the front property line, and extending to the intersection of a vertical +plane from the front building line with the maximum height established by the +neighborhood stabilization overlay and continuing at the same angle to the +maximum height of the underlying zoning. The height plane is illustrated below. +      (5)   INTERIOR SIDE YARD is a side yard not abutting a street. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-101.png] +      (6)   MEDIAN means the middle number in a set of numbers where one-half +of the numbers are less than the median number and one-half of the numbers are +greater than the median number. For example, 4 is the median number of 1, 3, 4, +8, and 9. If the set of numbers has an even number of numbers, then the median +is the average of the two middle numbers. For example, if the set of numbers is +1, 3, 4, 6, 8, and 9, then the median is the average of 4 and 6, or 5. +      (7)   NEIGHBORHOOD COMMITTEE means the owners of at least 10 properties +within a proposed district. +      (8)   SINGLE FAMILY STRUCTURE means a main structure designed for a +single family use, without regard to whether the structure is actually used for +a single family use. For example, a house containing a child care facility is a +single family structure, but an institutional building, such as a church or +school, converted to a single family use is not. +   (c)   Petition, initiation, and process. +      (1)   Except as provided in this subsection, the procedures for zoning +amendments contained in Section +51A-4.701, “Zoning Amendments,” apply. +      (2)   A neighborhood stabilization overlay may only be placed on an area +that is zoned as a single family residential district and developed primarily +with single family structures. A neighborhood stabilization overlay may not be +placed on a conservation district or a neighborhood with a historic overlay. A +neighborhood stabilization overlay may be placed on an established neighborhood +even though it contains vacant lots. A neighborhood stabilization overlay may +not be placed on a new subdivision being developed on a tract of land. +      (3)   A district must contain at least 50 single family structures in a +compact, contiguous area, or be an original subdivision if the subdivision +contains fewer than 50 single family structures. Boundary lines should be drawn +to include blockfaces on both sides of a street, and to the logical edges of +the area or subdivision, as indicated by a creek, street, subdivision line, +utility easement, zoning boundary line, or other boundary. Boundary lines that +split blockfaces in two should be avoided. The minimum area of a subdistrict +within a district is one blockface. +      (4)   The neighborhood committee may request a petition form by +submitting a request to the department on a form furnished by the department. +The request must include the boundaries of the proposed district. The +boundaries of the proposed district must comply with the requirements of this +section. +      (5)   As soon as possible after the department provides the neighborhood +committee with a petition form, the department shall conduct a neighborhood +meeting. The department shall give notice of the neighborhood meeting to all +property owners within the proposed district as evidenced by the last approved +city tax roll at least 10 days prior to the neighborhood meeting. +      (6)   The petition must be on a form furnished by the department. The +petition form must include a map of the boundaries of the proposed district, a +list of the proposed regulations, the name and address of all property owners +within the proposed district, and a statement that by signing the petition the +signers are indicating their support of the district. +      (7)   The petition must be submitted with the following: +         (A)   The dated signatures of property owners within the proposed +district in support of the proposed district. +            (i)   For a proposed district with 50 or fewer single family +structures, the signatures on the petition must be dated within three months +following the date of the neighborhood meeting. +            (ii)   For a proposed district with more than 50 single family +structures, the signatures on the petition must be dated within six months +following the date of the neighborhood meeting. +         (B)   The application fee, if applicable. +            (i)   If a petition is signed by more than 50 percent but less than +75 percent of the lots within the proposed district, the application fee must +be paid. +            (ii)   If a petition is signed by 75 percent or more of the lots +within the proposed district, the application fee is waived. +            (iii)   If the proposed district is authorized pursuant to Section +51A-4.701(a)(1), the application fee is waived. +         (C)   A map showing the boundaries of the proposed district. +         (D)   A list of any neighborhood associations that represent the +interests of property owners within the proposed district. +         (E)   A list of the names and addresses of the neighborhood committee +members. +         (F)   Any other information the director determines is necessary. +      (8)   A public hearing to create a district is initiated by submission of +a complete petition or by authorization pursuant to Section +51A-4.701(a)(1). +      (9)   For purposes of Section +51A-4.701, “Zoning Amendments,” once a complete petition has been submitted to +the director, the neighborhood stabilization overlay shall be treated as a city +plan commission authorized public hearing. If the district is initiated by +petition, the notice of authorization contained in Section +51A-4.701(a)(1) is not required. +      (10)   Along with any other required notice, at least 10 days prior to +consideration by the city plan commission, the director shall mail a draft of +the proposed neighborhood stabilization overlay ordinance and a reply form to +all owners of real property within the area of notification. The reply form +must allow the recipient to indicate support or opposition to the proposed +neighborhood stabilization overlay and give written comments. The director +shall report to the city plan commission and the city council the percentage of +replies in favor and in opposition, and summarize any comments. +   (e)   Neighborhood stabilization overlay. +      (1)   In general. +         (A)   A neighborhood stabilization overlay is not required to specify +standards for each category of yard, lot, and space regulation in this +subsection, but if it does, the regulations must be selected from the options +described in this subsection. +         (B)   The yard, lot, and space regulations of the neighborhood +stabilization overlay must reflect the existing conditions within the +neighborhood. +         (C)   Except as provided in the neighborhood stabilization overlay, +the yard, lot, and space regulations of the underlying zoning remain in effect. +         (D)   The provisions of Section +51A-4.704(c), regarding renovation, remodeling, repair, rebuilding, or +enlargement of nonconforming structures, remain in effect. +         (E)   The yard, lot, and space regulations of the neighborhood +stabilization overlay apply only to single family structures. +         (F)   The yard, lot, and space regulations of the neighborhood +stabilization overlay must be read together with the yard, lot, and space +regulations in Division +51A-4.400. In the event of a conflict between the neighborhood stabilization +overlay and Division +51A-4.400, the neighborhood stabilization overlay controls. +      (2)   Front yard setback. The minimum front yard setback must be within +the range between the setback of the underlying zoning and the median front +yard setback of single family structures within the district. This range may +allow for a front yard setback that is greater or lesser than the front yard +setback of the underlying zoning. For example, if the minimum front yard +setback of the underlying zoning is 25 feet and the median front yard setback +of single family structures within the district is 40 feet, the minimum front +yard setback selected must be between 25 feet and 40 feet. +      (3)   Corner side yard setback. The minimum corner side yard setback must +be within the range between the setback of the underlying zoning and the median +corner side yard setback of single family structures within the district. This +range may allow for a corner side yard setback that is greater or lesser than +the corner side yard setback of the underlying zoning. For example, if the +minimum corner side yard setback of the underlying zoning is five feet and the +median corner side yard setback of single family structures within the district +is 20 feet, the minimum corner side yard setback selected must be between five +feet and 20 feet. +      (4)   Interior side yard setback. The minimum interior side yard setback +must be within the range between the setback of the underlying zoning and the +median interior side yard setback of single family structures within the +district. This range may allow for an interior side yard setback that is +greater or lesser than the interior side yard setback of the underlying zoning. +For example, if the minimum interior side yard setback of the underlying zoning +is five feet and the median interior side yard setback of single family +structures within the district is 20 feet, the minimum interior side yard +setback selected must be between five feet and 20 feet. The minimum side yard +setback for each side yard may be separately established. For example, the +minimum side yard on the west side may be five feet, and the minimum side yard +on the east side may be 10 feet. +      (5)   Height. +         (A)   If the petition is signed by the owners of more than 50 percent +but less than 60 percent of the lots within the district, height regulations +may not be included in the overlay. +         (B)   If the petition is signed by the owners of 60 percent or more of +the properties within the district, the maximum height selected must be +selected from the following: +            (i)   If the median height of single family structures within the +district is 20 feet or more, then the district height must be within the range +between the median height of single family structures within the district and +the maximum height of the underlying zoning. +            (ii)   If the median height of single family structures within the +district is less than 20 feet, then the district height must be either the +median height of single family structures within the district or within the +range between 20 feet and the maximum height of the underlying zoning. +         (C)   If the district regulates height, single family structures may +not be built to heights that exceed the height plane, except structures listed +in Section +51A-4.408(a)(2). Height is measured from grade to the midpoint between the +lowest eaves and the highest ridge of the structure. See Paragraph 51A- 2.102 +(47), “Height.” +      (6)   Garage access, connection, location. The garage access, connection, +or location must be selected from one or more of the following options: +         (A)   garage access of: +            (i)   front entry; +            (ii)   side entry; or +            (iii)   rear entry; +         (B)   garage connection of: +            (i)   attached to the single family structure; or +            (ii)   detached from the single family structure; and +         (C)   garage location: +            (i)   in front of the single family structure; +            (ii)   to the side of the single family structure; or +            (iii)   to the rear of the single family structure. (Ord. 26161) +SEC. 51A-4.508.   TURTLE CREEK ENVIRONMENTAL CORRIDOR. +   (a)   The Turtle Creek Environmental Corridor (“the corridor”) consists of +the following area: +      Beginning at the intersection of the west line of Turtle Creek Boulevard +and the south line of Wycliff Avenue; thence in a westerly direction along said +south line of Wycliff Avenue to a point in a line, said line being 75 feet west +of and parallel to the west line of Turtle Creek Boulevard; +      Thence in a southerly direction along said line, crossing Avondale +Street, Irving Avenue, Blackburn Street, Gilbert Avenue and Holland Avenue, to +a point in the southwest line of Lemmon Avenue, said point being 75 feet +northwest of the northwest line of Turtle Creek Boulevard; +      Thence in a northwesterly direction along the southwest line of Lemmon +Avenue to a point in a line, said line being 25 feet northwest of and parallel +to the northwest line of Hood Street; +      Thence in a southwesterly direction along said line, crossing Rawlins +Street and Hall Street, to a point in a line, said line being 25 feet southwest +of and parallel to the southwest line of Hall Street; +      Thence in a southeasterly direction along said line, crossing Hood Street +and Sale Street, to a point in a line, said line being 75 feet northwest of and +parallel to the northwest line of Turtle Creek Boulevard; +      Thence in a southwesterly direction along said line, crossing Cedar +Springs Road (when Cedar Springs is positioned in a northwest-southeast +direction) and continuing along a line 75 feet northwest of and parallel to the +northwest line of Cedar Springs Road (when Cedar Springs is positioned in a +northeast-southwest direction), crossing Dickason Avenue and Gillespie Avenue +to a point in the southwest line of Gillespie Avenue, said point being 75 feet +northwest of the intersection of the southwest line of Gillespie Avenue and the +northwest line of Turtle Creek Drive; +      Thence in a southwesterly direction from said point along a line 75 feet +northwest of and parallel to the northwest line of Turtle Creek Drive, crossing +Fairmount Avenue, to a point in a line, said line being 25 feet northeast of +and parallel to the northeast line of Maple Avenue; +      Thence in a northwesterly direction along said line to a point in the +southeast line of Hood Street; +      Thence in a southwesterly direction along the southeast line of Hood +Street extended to the centerline of Maple Avenue; +      Thence in a southeasterly direction along the centerline of Maple Avenue +to a point in the northwest right-of-way line of the M.K.&T. Railroad; +      Thence in a northeasterly direction along said railroad right-of-way +line, crossing Fairmount Avenue, Cedar Springs Road, Bowen Street, Hall Street, +Lemmon Avenue, Lemmon Avenue East, and Blackburn Street to a point in the +northeast line of Blackburn Street; +      Thence in a northwesterly direction along the northeast line of Blackburn +Street to a point in a line, said line being 75 feet southeast of and parallel +to the centerline of Turtle Creek; +      Thence in an easterly and northerly direction along said line to a point +in the Dallas/Highland Park City Limit Line; +      Thence in a westerly and northerly direction along said city limit line +to the place of beginning. +   (b)   No off-street vehicular surface parking shall be constructed closer +than 50 feet from the right-of-way line of Turtle Creek Boulevard, Turtle Creek +Drive, and Cedar Springs Road (when Cedar Springs Road is positioned in a +northeast-southwest direction), or closer than 50 feet from the centerline of +Turtle Creek. No building permit for any proposed subsurface parking facility +shall be issued by the Building Inspector unless a surface landscape plan for +such lot or tract has been approved by the Park and Recreation Board of the +City. +   (c)   Except as provided in Subsections (d), (e), and (f) of this Section, +no structure shall be constructed closer to the right-of-way lines of Turtle +Creek Boulevard, Turtle Creek Drive, and Cedar Springs Road (when Cedar Springs +Road is positioned in a northeast-southwest direction), than as specified +below: +Stories Height (feet) Setback (feet) +Stories Height (feet) Setback (feet) +1 12 25 +2 24 36 +3 36 44 +4 48 50 +5 60 55 +6 72 59 +7 84 62 +8 96 65 +9 108 67 +10 120 68 +11 132 69 +12 144 70 +13 156 71 +14 168 72 +15 180 72 +16 192 73 +17 204 73 +18 216 74 +19 228 74 +20 240 75 +  +For those properties lying between the M.K.&T. Railroad right-of-way and Turtle +Creek, such setback shall be measured from the centerline of Turtle Creek. +   (d)   At the intersections of Turtle Creek Boulevard with Blackburn Street, +with Lemmon Avenue, with Hall Street, and with Cedar Springs Road, and the +intersection of Turtle Creek Drive with Gillespie Street, no structure shall be +constructed closer to such intersection than an imaginary line formed between +points on each curb line 100 feet from such intersection. +   (e)   On those lots or tracts which face Lee Park or Reverchon Park across a +public right-of-way, no structure or surface parking shall be constructed +closer to the front property line than 25 feet. +   (f)   The minimum setback for any building or other structure may be +decreased by transfer to such lot of an allowable setback which is unused upon +a contiguous lot which is located within the corridor. Such transferred rights +may be used at a ratio of two feet acquired for every one foot used. No +transfer of additional setback shall be effective unless an instrument, in a +form approved by the City Attorney, has been executed by the parties concerned +and recorded in the Deed Records of Dallas County, Texas, serving as a notice +of the restrictions under this section applying both to the contiguous lot and +the transferee lot. Such document shall specify: +      (1)   the amount of setback to be transferred, the decreased minimum +setback permitted on the transferee lot by virtue of the transfer, and the +increased minimum setback on the contiguous lot; +      (2)   the duration of the transfer, which shall be specified to be not +less than the actual lifetime of any building on the transferee lot whose +construction is made possible, in whole or in part, by the transfer; +      (3)   the effect of any subsequent changes in the setback requirement +under this section for both lots; and +      (4)   the effect of any subsequent change in the size of either lot, +whether by virtue of conveyance, condemnation, or otherwise, upon the setback +for both lots. +In no case shall the setback of the transferee lot be less than that minimum +specified below: +Stories Height (feet) Minimum Setback (feet) +Stories Height (feet) Minimum Setback (feet) +1 12 25 +2 24 27 +3 36 29 +4 48 32 +5 60 35 +6 72 38 +7 84 41 +8 96 44 +9 108 47 +10 120 50 +11 132 53 +12 144 56 +13 156 58 +14 168 60 +15 180 62 +16 192 64 +17 204 66 +18 216 68 +19 228 70 +20 240 75 +  +   (g)   Any property owner within the corridor may on his own initiative, +offer to the city, subject to Park and Recreation Board approval, a dedication +in fee simple or for park purposes any area of land fronting on any public +street within the corridor as permanent open space. Upon dedication of such +property, the Tax Assessor shall reassess the remaining area to reflect such +dedication prior to the next assessment ordinance, and the city shall maintain +such property so dedicated with normal landscape standards. The owner may, in +lieu of such dedication, grant to the city a landscape easement on any area of +land fronting on any public street in the corridor. The city shall, upon +approval of a landscape plan for such easement by the Park and Recreation +Board, to be carried out by the property owner, either maintain the same or +arrange for its maintenance, and the Tax Assessor shall make such tax +reassessments as the facts justify. Any property dedicated or granted for a +landscape easement shall be considered in computing floor-area ratio, coverage, +and density. (Ord. Nos. 26026; 26248) +SEC. 51A-4.509.   PARKING MANAGEMENT OVERLAY DISTRICT. +   See Section 51A-13.410, “Parking Management Overlay (-PM),” for the +regulations governing the parking management overlay. (Ord. 27495) +SEC. 51A-4.510.   ACCESSORY DWELLING UNIT OVERLAY. +   (a)   Definitions. In this section: +      (1)   ACCESSORY DWELLING UNIT (ADU) means a rentable additional dwelling +unit, subordinate to the main unit, located on a building site with a single +family use. +      (2)   NEIGHBORHOOD COMMITTEE means the owners of at least 10 properties +within a proposed overlay. +   (b)   Petition, initiation, and process. +      (1)   Except as provided in this subsection, the procedures for zoning +amendments contained in Section +51A-4.701, "Zoning Amendments," apply. +      (2)   An accessory dwelling unit overlay may only be placed on an area +that allows single family uses and does not expressly prohibit accessory +dwelling units. +      (3)   An overlay must contain at least 50 single family structures in a +compact, contiguous area, or be an original subdivision if the subdivision +contains fewer than 50 single family structures. Boundary lines should be drawn +to include blockfaces on both sides of a street, and to the logical edges of +the area or subdivision, as indicated by a creek, street, subdivision line, +utility easement, zoning boundary line, or other boundary. Boundary lines that +split blockfaces in two should be avoided. +      (4)   As soon as possible after the department provides the neighborhood +committee with a petition form or city council authorizes a hearing, the +department shall conduct a neighborhood meeting. The department shall give +notice of the neighborhood meeting to all property owners within the proposed +overlay as evidenced by the last approved city tax roll at least 10 days before +the neighborhood meeting. +      (5)   The neighborhood committee may request a petition form by +submitting a request to the department on a form furnished by the department. +The request must include the boundaries of the proposed overlay. The boundaries +of the proposed overlay must comply with the requirements of this section. +      (6)   The petition must be on a form furnished by the department. The +petition form must include a map of the boundaries of the proposed overlay, a +list of the proposed regulations (including a proposed off-street parking +reduction), the name and address of all property owners within the proposed +overlay, and a statement that by signing the petition the signers are +indicating their support of the overlay. +      (7)   The petition must be submitted with the following: +         (A)   The dated signatures of property owners within the proposed +overlay in support of the proposed overlay. +            (i)   For a proposed overlay with 50 or fewer single family +structures, the signatures on the petition must be dated within three months +following the date of the neighborhood meeting. +            (ii)   For a proposed overlay with more than 50 single family +structures, the signatures on the petition must be dated within six months +following the date of the neighborhood meeting. +         (B)   The application fee, if applicable. +            (i)   If a petition is signed by more than 50 percent but less than +75 percent of the lots within the proposed overlay, the application fee must be +paid. +            (ii)   If a petition is signed by 75 percent or more of the lots +within the proposed overlay, the application fee is waived. +            (iii)   If the proposed overlay is authorized pursuant to Section +51A-4.701(a)(1), the application fee is waived. +         (C)   A map showing the boundaries of the proposed overlay. +         (D)   A list of any neighborhood associations that represent the +interests of property owners within the proposed overlay. +         (E)   A list of the names and addresses of the neighborhood committee +members. +         (F)   Any other information the director determines is necessary. +      (8)   For purposes of Section +51A-4.701, "Zoning Amendments," once a complete petition has been submitted to +the director, the accessory dwelling unit overlay shall be treated as a city +plan commission authorized public hearing. If the overlay is initiated by +petition, the notice of authorization contained in Section +51A-4.701(a)(1) is not required. +      (9)   Along with any other required notice, at least 10 days before +consideration by the city plan commission, the director shall mail a draft of +the proposed accessory dwelling unit overlay ordinance and a reply form to all +owners of real property within the area of notification. The reply form must +allow the recipient to indicate support or opposition to the proposed accessory +dwelling unit overlay and give written comments. The director shall report to +the city plan commission and the city council the percentage of replies in +favor and in opposition, and summarize any comments. +   (c)   Accessory dwelling unit overlay. +      (1)   In general. +         (A)   The provisions of Section +51A-4.704(c), regarding renovation, remodeling, repair, rebuilding, or +enlargement of nonconforming structures, remain in effect. +         (B)   An accessory dwelling unit may not be sold separately from the +main building. +         (C)   For an accessory dwelling unit, the prohibition on +advertisements in Section +51A-4.209(b)(6)(E)(vii)(bb) do not apply. +         (D)   The yard, lot, and space regulations of the accessory dwelling +unit overlay must be read together with the yard, lot, and space regulations in +Division +51A-4.400. If there is a conflict between this section and Division +51A-4.400, this section controls. +         (E)   If there is a conflict between this section and the single- +family use regulations in Section +51A-4.209, this section controls. +      (2)   Yard, lot, and space regulations. +         (A)   In general. Except as provided in this subsection, the yard, +lot, and space regulations of the underlying zoning remain in effect. +         (B)   Side and rear yard. +            (i)   If the structure containing the accessory dwelling unit is +less than 15 feet in height and is located in the rear 30 percent of the lot, +minimum side yard is three feet. +            (ii)   If the structure containing the accessory dwelling unit is +less than 15 feet in height, minimum rear yard is three feet. +            (iii)   Structures 15 feet or more in height containing accessory +dwelling units must comply with the side and rear yard setbacks of the base +zoning. +         (C)   Floor area. +            (i)   Detached accessory dwelling unit. +               (aa)   Minimum floor area is 200 square feet. +               (bb)   Maximum floor area is the greater of 700 square feet or +25 percent of the main structure. +            (ii)   Attached accessory dwelling unit. Maximum floor area is the +greater of 700 square feet or 25 percent of the main use. +         (D)   Height. +            (i)   General. Except as provided in this subparagraph, the maximum +height of the structure containing the accessory dwelling unit cannot exceed +the height of the main dwelling unit. +            (ii)   Accessory dwelling units located above detached garages. For +accessory dwelling units located over detached garages, maximum height is the +maximum height allowed in that zoning overlay. +         (E)   Location. +            (i)   An accessory dwelling unit may not be located in front of a +main structure. +            (ii)   The board may grant a special exception to authorize the +placement of an accessory dwelling unit in front of a structure when, in the +opinion of the board, the accessory dwelling unit: +               (aa)   will not adversely affect neighboring properties; +               (bb)   will not be contrary to the public interest; and +               (cc)   denial of the special exception will unduly burden the +property. +         (F)   Off-street parking. +            (i)   Except as provided in this paragraph, a minimum of one space +is required. +            (ii)   Off-street parking is not required for an accessory dwelling +unit located within 1,200 feet of a DART bus or transit stop. +            (iii)   Off-street parking may be reduced if 75 percent of the +property owners within the proposed overlay sign the petition agreeing to the +reduction. +            (iv)   City council may also reduce the off-street parking +requirement if a reduction is recommended by the neighborhood steering +committee during the authorized hearing process. +         (G)   Stories. Maximum number of stories for an accessory dwelling +unit is one. +      (3)    Utility meters. A lot with an accessory dwelling unit may be +supplied by not more than two electrical utility services, and metered by not +more than two electrical meters. +      (4)   Owner occupancy. +         (A)   Except as provided in this paragraph, if one dwelling unit is +used as rental accommodations, the property owner must reside in the main +structure or the accessory dwelling unit during the tenancy. +         (B)   The owner may be absent for one year with director approval. +      (5)   Single family rental program. The rental unit must be registered in +the city single family rental program. (Ord. 30931) +SEC. 51A-4.511.   NEIGHBORHOOD FOREST OVERLAY. +   (a)   Findings and purpose. +      (1)   The city council intends to provide a means of conserving and +maintaining the existing urban forest within the boundaries of neighborhood +forest overlays. +      (2)   The neighborhood forest overlay is provided for the purpose of +promoting the health, safety, and the general welfare of present and future +inhabitants of city neighborhoods through the managed conservation and +protection of the trees in the community. It is intended to help promote or +restore the character of established communities as recognized by its +inhabitants; to stabilize and protect the air quality near homes; to conserve +the city's tree canopy; to retain the living green infrastructure for reducing +flood and stormwater effects; to protect property against depreciation; to +encourage sustainable construction methods and design in redevelopment; and to +assure the sustained stability of neighborhoods for the future. +      (3)   A neighborhood forest overlay is a neighborhood-driven process that +extends the protections prescribed within Division +51A-10.130, "Urban Forest Conservation," to the properties within the overlay +area that contain single-family and duplex uses in residential districts on +lots smaller than two acres in size. +   (b)   Interpretations. Except as otherwise provided in this subsection, the +regulations in Article X apply in neighborhood forest overlay districts. +Sections +51A-10.135(c), +51A-10.135(d), +51A-10.135(e), and +51A-10.135(f) do not apply. If there is a conflict between this section and +Article X, this section applies. If there is a conflict between a neighborhood +forest overlay ordinance and Article X, the neighborhood forest overlay +ordinance controls. +   (c)   Definitions. In this section: +      (1)   MEDIAN means the middle number in a set of numbers where one-half +of the numbers are less than the median number and one-half of the numbers are +greater than the median number. For example, 4 is the median number of 1, 3, 4, +8, and 9. If the set of numbers has an even number of numbers, then the median +is the average of the two middle numbers. For example, if the set of numbers is +1, 3, 4, 6, 8, and 9, then the median is the average of 4 and 6, or 5. +      (2)   NEIGHBORHOOD COMMITTEE means the owners of at least 10 properties +within a proposed overlay. +      (3)   STRUCTURE PROXIMITY AREA means the five-foot area around a dwelling +unit. +      (4)   TREE CONSERVATION AREA means the area of tree protection and the +site subject to urban forest conservation regulations. +   (d)   Petition, initiation, and process. +      (1)   Except as provided in this subsection, the procedures for zoning +amendments contained in Section +51A-4.701, "Zoning Amendments," apply. +      (2)   A neighborhood forest overlay may only be placed on an area: +         (A)   containing lots that are primarily smaller than two acres in +size; +         (B)   developed primarily with single family or duplex structures; and +         (C)   that is zoned either: +            (i)   as a residential district; or +            (ii)   as a planned development district, conservation district, or +form district (or portion thereof) that is restricted to single family or +duplex uses. +      (3)   The boundary lines of a neighborhood forest overlay should be drawn +to include blockfaces on both sides of a street, and to the logical edges of +the area or subdivision, as indicated by a creek, street, subdivision line, +utility easement, zoning boundary line, or other boundary. Boundary lines that +split blockfaces in two should be avoided. The minimum area of a subdistrict +within a district is one blockface. An overlay: +         (A)   must contain at least 50 lots in a compact, contiguous area, or +be an original subdivision if the subdivision contains fewer than 50 single +family or duplex structures; or +         (B)   may contain less than 50 lots, but no less than 10 lots, if the +lots are located alongside a primary natural area or if the lots maintain a +current forest cover of mature large and medium trees, including significant +trees, or trees established prior to the original subdivision. +      (4)   A neighborhood forest overlay may contain vacant lots and lots +greater than two acres in size even though those lots will not be subject to +the overlay regulations. Vacant lots within the boundaries of a neighborhood +forest overlay, however, are not subject to the unrestricted zone exception in +Section +51A-10.134(b). +      (5)   The neighborhood committee may request a petition form by +submitting a request to the department on a form furnished by the department. +The request must include the boundaries of the proposed district. The +boundaries of the proposed district must comply with the requirements of this +section. +      (6)   As soon as possible after the department provides the neighborhood +committee with a petition form, the department shall conduct a neighborhood +meeting. The department shall give notice of the neighborhood meeting to all +property owners within the proposed overlay as evidenced by the last approved +city tax roll at least 10 days prior to the neighborhood meeting. +      (7)   The petition must be on a form furnished by the department. The +petition form must include a map of the boundaries of the proposed overlay, a +list of the proposed regulations, the name and address of all property owners +within the proposed district, and a statement that by signing the petition the +signers are indicating their support of the overlay. +      (8)   The petition must be submitted with the following: +         (A)   The dated signatures of property owners within the proposed +overlay in support of the proposed overlay. +            (i)   For a proposed overlay with 50 or fewer single family or +duplex structures, the signatures on the petition must be dated within three +months following the date of the neighborhood meeting. +            (ii)   For a proposed overlay with more than 50 single family or +duplex structures, the signatures on the petition must be dated within six +months following the date of the neighborhood meeting. +            (iii)   If the proposed overlay is pursuant to Sections +51A-4.511(e)(2)(A)(i) or (ii), 60 percent of property owner signatures are +required for staff to accept the petition. +            (iv)   If the proposed overlay is pursuant to Sections +51A-4.511(e)(2)(A)(iii) or (iv), 70 percent of property owner signatures are +required for staff to accept the petition. +         (B)   The application fee, if applicable. +            (i)   If a petition is signed by property owners of fewer than 75 +percent of the lots within the proposed district, the application fee must be +paid. +            (ii)   If a petition is signed by property owners of 75 percent or +more of the lots within the proposed district, the application fee is waived. +            (iii)   If the proposed overlay is authorized pursuant to Section +51A-4.701(a)(1), the application fee is waived. +         (C)   A map showing the boundaries of the proposed district. +         (D)   A list of the names and addresses of the neighborhood committee +members. +         (E)   Any other information the director determines is necessary. +      (9)   A public hearing to create an overlay is initiated by submission of +a complete petition or by authorization pursuant to Section +51A-4.701(a)(1). +      (10)   For purposes of Section +51A-4.701, "Zoning Amendments," once a complete petition has been submitted to +the director, the neighborhood forest overlay shall be treated as a city plan +commission authorized public hearing. If the district is initiated by petition, +the notice of authorization contained in Section +51A-4.701(a)(1) is not required. +      (11)   Along with any other required notice, at least 10 days prior to +consideration by the city plan commission, the director shall mail a draft of +the proposed neighborhood forest overlay ordinance and a reply form to all +owners of real property within the area of notification. The reply form must +allow the recipient to indicate support or opposition to the proposed +neighborhood forest overlay and give written comments. The director shall +report to the city plan commission and the city council the percentage of +replies in favor and in opposition and summarize any comments. +      (12)   Upon passage of a neighborhood forest overlay ordinance, the +director shall file a copy of the ordinance in the county deed records to give +notice of the regulations. The director shall also file in the county deed +records a verified written instrument listing each property by the street +address, if available, the legal description of the real property, and the name +of the owner, if available. +   (e)   Neighborhood forest overlay. +      (1)   In general. +         (A)   A neighborhood forest overlay establishes regulations that must +be selected from the options described in this subsection. +         (B)   The regulations of the neighborhood forest overlay must reflect +the existing forest conditions within the neighborhood. +         (C)   Except as provided in the neighbor hood forest overlay, all +regulations of the underlying zoning remain in effect. +      (2)   Tree conservation area. +         (A)   The neighborhood committee will select their tree conservation +area from the following options: +            (i)   Front yard setback. +            (ii)   Front yard to structure. +            (iii)   Front, side, and rear yard setbacks. +            (iv)   Entire lot. +         (B)   The conservation, establishment, and maintenance of trees in +Section +51A-10.136(a) apply to trees within a tree conservation area. +      (3)   Additional options. +         (A)   Tree canopy cover goal option. To reduce tree replacement +requirements, a portion of existing tree canopy coverage over a tree +conservation area must be preserved. +            (i)   The tree canopy cover goal is determined by the neighborhood +during the petition process. The minimum percentage is to be determined by the +median of the tree canopy coverage in the tree conservation area on each lot +within the proposed overlay. +            (ii)   Healthy large and medium trees preserved in the tree +conservation area, including boundary trees, may be included in tree canopy +cover calculations. Invasive trees and trees located within 20 feet on center +of the nearest overhead public electric line are not included in the +calculation. +            (iii)   Each large and medium nursery stock tree planted as +landscaping may also qualify as 300 square feet of tree canopy cover. If the +tree canopy cover goal is met, additional landscape trees are not required, +except that one tree must be provided in the required front yard. +            (iv)   Boundary trees located on adjacent private property must be +protected to the drip line according to the tree protection shown on the site +assessment plan. +            (v)   The tree canopy cover for the tree conservation area on the +lot may be measured by the property owner, and verified and approved by the +building official. +         (B)   Minimum front yard tree option. Lots must maintain a minimum +number of trees in the front yard, as designated by the neighborhood forest +overlay ordinance. Replacement is not required in the case that a property +falls below the minimum number of large or medium trees due to a reason +enumerated in the defense to prosecution section of Section +51A-10.140(b). +      (4)   Structure proximity area. More than 50 percent of the tree trunk at +grade must be within the structure proximity area to qualify for an exception +from mitigation. An approved tree removal application is required prior to tree +removal. +      (5)   Site assessment plan. Prior to any development, construction +activity, or disturbance of an area that may affect trees within the tree +conservation area, a tree removal application, or permits for construction or +grading, a site assessment plan must be submitted to the building official. The +overlay regulations do not prohibit the removal or alteration of unprotected +trees, or landscape ornamental and small trees, or other landscape shrubs, +grasses, or other materials, that do not qualify as a protected tree. Any work +or disturbance which includes significant soil compaction, trenching, tilling, +excavation, paving, grading, chemical mixing, or pruning exceeding 10 percent +tree canopy reduction, on the tree and within the dripline of the protected +tree, is subject to the site assessment plan review. The site assessment plan +must show the following: +         (A)   Structures. +         (B)   Paving. +         (C)   Proposed development, construc tion or disturbance. +         (D)   Location, diameter, and species of all trees (including boundary +trees) in the tree conservation area, and 10 feet beyond. +         (E)   Tree protection, as applicable. +         (F)   Replacement trees, as applicable. +      (6)   Tree mitigation. Upon approval of tree removal within the tree +conservation area, or an unauthorized removal of a protected tree, tree +mitigation or replacement is required in accordance with Section +51A-10.134(c). The applicable methods are: +         (A)   Replacement on the site of removal. +         (B)   Replacement with a legacy tree on the site of removal. +         (C)   If replacement is not possible on the lot of removal, then +replacement on other property within boundaries of the neighborhood forest +overlay. +         (D)   If replacement is not possible within the neighborhood forest +overlay, the tree must be replaced within five miles of the neighborhood forest +overlay. +         (E)   Payment into reforestation fund. This option is only available +if the building official determines that, due to restrictive site conditions, +it would be impracticable or imprudent for the responsible party to plant a +replacement tree on the tree removal property or comply with one or more of the +mitigation methods in this section. +   (f)   Criminal responsibility and defenses to prosecution. +      (1)   The criminal liability and defenses to prosecution provisions in +Section +51A-10.140 apply to properties subject to a neighborhood forest overlay. +      (2)   A tree removal application or tree replacement is not required if +the tree is determined by a certified arborist to be diseased or dead or poses +an imminent threat to people or property and such determination was not caused +by an intentional act of the owner or an agent of the owner. (Ord. 31174) +Division 51A-4.600. Regulations of Special Applicability. +SEC. 51A-4.601.   CREATION OF A BUILDING SITE. +   (a)   The building official shall not issue a certificate of occupancy or a +building permit until a building site is established in one of the following +ways: +      (1)   A lot is part of a plat that has been approved by the commission, +or approved by the platting authority recognized by state law for the +jurisdiction where the property was located before annexation or consolidation +with the city of Dallas, and filed in the plat records of the appropriate +county. Unless a lot is part of a shared access development, or unless +otherwise provided in an ordinance establishing or amending a planned +development district, all platted lots must contact, through fee simple +ownership, a dedicated street or a private street. +      (2)   A parcel was separately owned before September 11, 1929, or before +annexation or consolidation and the parcel has contact, through fee simple +ownership, with a dedicated street. For purposes of this paragraph, a parcel is +considered “separately owned” if it: +         (A)   is described in a different deed than that of adjacent +properties; and +         (B)   has remained in the same configuration since September 10, 1929, +regardless of whether ownership has changed since that date. +Documented evidence must be provided by the owner to demonstrate that land has +remained in the same configuration during the relevant time period. Under this +paragraph, the building official may issue a building permit for only one main +building on each building site. +      (3)   A lot is part of an industrial subdivision in which only streets, +easements, and blocks are delineated. The industrial subdivision must be +approved by the commission and filed in the plat records of the appropriate +county. No specific lot delineation is required, but yard, lot, and space +requirements will be determined by property lines or lease lines. +      (4)   Any area in a CA-1(A) district that is bound on all sides by public +streets or alleys constitutes a legal building site. +      (5)   A parcel upon which a building permit was authorized for +development of a single family or duplex use before August 1, 1984, provided +the single family or duplex use is not changed to a different use than that +approved before August 1, 1984. The authorized single family or duplex use need +not exist at the time of application for a certificate of occupancy or building +permit under this paragraph, but evidence must be provided showing that the +single family or duplex use was authorized on the property before August 1, +1984, did in fact exist, and no other use has been made of the property since +the single family or duplex use was authorized by the city. A building site +must be established under another paragraph of this section if a change of use +has been made or is proposed for the property. +      (6)   A parcel upon which a building permit was authorized for +development of other than a single family or duplex use and: +         (A)   the building permit authorizing an existing structure was issued +before August 1, 1984; +         (B)   the proposed work does not increase the floor area of the +structure by more than 35 percent; and +         (C)   the proposed addition does not exceed 10,000 square feet of +floor area. Evidence must be provided showing that the use was authorized on +the property before August 1, 1984. +      (7)   A parcel with less lot area, depth, or width than required in this +chapter provided: +         (A)   the parcel has an area, depth, or width that is not more than 10 +percent smaller or is greater than the average lot area, depth, or width of +other platted lots or recognized building sites capable of development with +single family or duplex uses within the same platted block (for purposes of +this subsection, “platted block” means the legal block as shown on the plat +map); +         (B)   the platted lots or recognized building sites contiguous to the +parcel are developed with single family or duplex uses; +         (C)   the majority of the platted lots and recognizable building sites +within the same platted block as the parcel have been platted or have been +recognizable building sites for at least 20 years; and +         (D)   the parcel complies with all other zoning regulations other than +lot area, depth, or width regulations. +   (b)   Land used in meeting the requirements of this article for a particular +use or building may not be used to meet the requirements for any other use or +building. +   (c)   Except as provided in the regulations for the single family and duplex +uses, more than one main building may be erected on a building site when there +is compliance with all applicable regulations in this chapter. +   (d)   A lot with less lot area than required in this chapter that was +lawfully established under the regulations in force at the time of the creation +of the building site may be used for a single family use if permitted by all +zoning regulations applicable to the property other than lot area regulations. +(Ord. Nos. 19455; 23383; 24731; 25809) +SEC. 51A-4.602.   FENCE, SCREENING AND VISUAL OBSTRUCTION REGULATIONS. +   (a)   Fence standards. Unless otherwise specifically provided for in this +chapter, fences must be constructed and maintained in accordance with the +following regulations. +      (1)   In this subsection: +         (A)   FENCE PANEL means the portion of a fence located between the +posts or columns. +         (B)   RETAINING WALL means a wall designed to hold in place earthen or +similar materials and to prevent the material from sliding away or eroding. +      (2)   A person shall not erect or maintain a fence in a required yard +more than nine feet above grade. In all residential districts except +multifamily districts, a fence may not exceed four feet above grade when +located in the required front yard, except when the required front yard is +governed by the side or rear yard regulations pursuant to Section +51A-4.401. +      (3)   In single family districts, a fence panel with a surface area that +is less than 50 percent open may not be located less than five feet from the +front lot line. This paragraph does not apply to retaining walls. +      (4)   In multifamily districts, a fence located in the required front +yard may be built to a maximum height of six feet above grade if all conditions +in the following subparagraphs are met: +         (A)   No lot in the blockface may be zoned as a single family or +duplex district. +         (B)   No gates for vehicular traffic may be located less than 20 feet +from the back of the street curb. +         (C)   No fence panel having less than 50 percent open surface area may +be located less than five feet from the front lot line. +      (5)   If a fence panel setback is required under Paragraph (4)(C), the +entire setback area, except for driveways and sidewalks, must be located within +100 feet of a verifiable water supply and landscaped with living evergreen +shrubs or vines recommended for local use by the park and recreation director. +Initial plantings must be calculated to cover a minimum of 30 percent of the +fence panel(s) within three years after planting. Shrubs or vines must be +planted 24 inches on center over the entire length of the setback area unless a +landscape architect recommends otherwise. +      (6)   Unless all of the conditions in Paragraphs (4) and (5) are met, a +fence in a multifamily district may not exceed four feet above grade when +located in the required front yard, except when the required front yard is +governed by the side or rear yard regulations pursuant to Section +51A-4.401. +      (7)   Fence heights shall be measured from: +         (A)   In single family and duplex districts: +            (i)   the top of the fence to the level of the ground on the inside +and outside of any fence within the required front yard. The fence height shall +be the greater of these two measurements. If the fence is constructed on fill +material that alters grade, as determined by the building official, the height +of the artificially altered grade shall be included in the height of the fence. +For purposes of this provision, artificially altered grade means the placement +of fill material on property that exceeds a slope of one foot of height for +three feet of distance; and +            (ii)   the top of the fence to the level of the ground on the +inside of the fence in the required side or rear yard. +         (B)   In all other zoning districts, fence heights shall be measured +from the top of the fence to the level of the ground on the inside of the +fence. +      (8)   A fence may not be located within an easement without the prior +written approval by the agencies having interest in the easement. +      (9)   Except as provided in this subsection, the following fence +materials are prohibited: +         (A)   Sheet metal; +         (B)   Corrugated metal; +         (C)   Fiberglass panels; +         (D)    Plywood; +         (E)    Plastic materials other than preformed fence pickets and fence +panels with a minimum thickness of seven-eighths of an inch; +         (F)    Barbed wire and razor ribbon (concertina wire) in residential +districts other than an A(A) Agricultural District; and +         (G)   Barbed wire and razor ribbon (concertina wire) in nonresidential +districts unless the barbed wire or razor ribbon (concertina wire) is six feet +or more above grade and does not project beyond the property line. +      (10)   All fences must provide firefighting access to the side and rear +yard. +      (11)   The board may grant a special exception to the fence standards in +this subsection when, in the opinion of the board, the special exception will +not adversely affect neighboring property. +   (b)   Required screening. Unless otherwise specifically provided for in this +chapter, screening must be constructed and maintained in accordance with the +following regulations. +      (1)   Screening required in this article must be not less than six feet +in height. +      (2)   The board may grant a special exception to the height requirement +for screening when, in the opinion of the board, the special exception will not +adversely affect neighboring property, except that the board may not grant a +special exception to the height requirements for screening around off-street +parking. +      (3)   Required screening must be constructed of: +         (A)   brick, stone, concrete masonry, concrete, or wood; +         (B)   earthen berm planted with turf grass or ground cover recommended +for local area use by the building official. The berm may not have a slope that +exceeds one foot of height for each two feet of width; +         (C)   evergreen plant materials recommended for local area use by the +building official. The plant materials must be located in a bed that is at +least three feet wide with a minimum soil depth of 24 inches. Initial plantings +must be capable of obtaining a solid appearance within three years. Plant +materials must be placed a maximum of 24 inches on center over the entire +length of the bed unless the building official approves an alternative planting +density that a landscape authority certifies as being capable of providing a +solid appearance within three years; or +         (D)   any combination of the above. +      (4)   A required screening wall or fence may not have more than 10 square +inches of openings in any given square foot of surface. Plant materials used +for required screening must obtain a solid appearance and provide a visual +barrier of the required height within three years after their initial planting. +      (5)   Access through required screening may be provided only by a solid +gate equalling the height of the screening. The gate must remain closed: +         (A)   between the hours of 10 p.m. and 7 a.m.; and +         (B)   at all other times except when in actual use. +      (6)   Garbage storage areas must be visually screened on any side visible +from a street or an adjoining property by a brick, stone, concrete masonry, +concrete, or wood wall or fence or by landscape screening. Screening is not +required on a side adjacent to an alley or easement used for garbage pick-up +service. Screening is not required if the garbage storage area is 200 feet or +more from the street or adjoining property. To allow air circulation and +visibility, the screening from grade to one foot above grade may be up to 50 +percent open. +      (7)   An owner shall provide screening in accordance with this section +for the rear or service side of a nonresidential building if: +         (A)   the nonresidential building is in a residential district and is +exposed to a residential use; or +         (B)   the nonresidential building is in an office, retail, CS, IL, IR, +or IM district and is exposed to and closer than 150 feet to the boundary line +of an A, A(A), R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) +district. +      (8)   When all service, storage, and loading facilities are contained +within a nonresidential building, the screening requirement in Subsection (b) +(7) does not apply. +      (9)    Plant materials used for required screening must be maintained in +a healthy growing condition at all times. The property owner is responsible for +the regular weeding, mowing of grass, irrigating, fertilizing, pruning, and +other maintenance of all plantings as needed. Any plant that dies must be +replaced with another living plant that complies with screening requirements +within 90 days after notification by the city. +      (10)   All required screening with plant materials must be irrigated by +an automatic irrigation system installed to comply with industry standards. +      (11)   Fences that are painted or stained must be uniformly painted or +stained across the entire length of the fence. This provision prohibits +different colored patches of paint or stain on portions of a fence. For +example, if a fence is painted white, graffiti should be covered with the same +color of white paint, not with blue or red paint. +   (c)   Special screening and visual intrusion provisions. +      (1)   In an office district, if a building or a parking structure is +erected on a building site and a portion of the side or rear yard abuts or is +across an adjoining alley from an A, A(A), R, R(A), D, D(A), TH, TH(A), CH, MF, +MF(A), MH, or MH(A) district, any portion of the building site directly across +from that district must be screened from that district. +      (2) through (5) Reserved. +      (6)   In all nonresidential districts except central area districts, no +portion of any balcony or opening that faces an R, R(A), D, D(A), TH, TH(A), +CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF-2(A), or MF- 2(SAH) district may be +located above a residential proximity slope originating in that district. +   (d)   Visual obstruction regulations. +      (1)   A person shall not erect, place, or maintain a structure, berm, +plant life, or any other item on a lot if the item is: +         (A)   in a visibility triangle, as defined in Paragraph (2); and +         (B)   between two-and-one-half feet and eight feet in height measured +from the top of the adjacent street curb. If there is no adjacent street curb, +the measurement is taken from the grade of the portion of the street adjacent +to the visibility triangle. +      (2)   For purposes of Paragraph (1), the term “visibility triangle” +means: +     ��   (A)   in all zoning districts except central area districts, the Deep +Ellum/Near Eastside District (Planned Development District No. 269), and the +State-Thomas Special Purpose District (Planned Development District No. 225), +the portion of a corner lot within a triangular area formed by connecting +together the point of intersection of adjacent street curb lines (or, if there +are no street curbs, what would be the normal street curb lines) and points on +each of the street curb lines 45 feet from the intersection; +         (B)   in central area districts, the Deep Ellum/Near Eastside District +(Planned Development District No. 269), and the State-Thomas Special Purpose +District (Planned Development District No. 225), the portion of a corner lot +within a triangular area formed by connecting together the point of +intersection of adjacent street curb lines (or, if there are no street curbs, +what would be the normal street curb lines) and points on each of the street +curb lines 30 feet from the intersection; and +         (C)   in all zoning districts, the portion of a lot within a +triangular area formed by connecting together the point of intersection of the +edge of a driveway or alley and an adjacent street curb line (or, if there is +no street curb, what would be the normal street curb line) and points on the +driveway or alley edge and the street curb line 20 feet from the intersection. +      (3)   The board shall grant a special exception to the requirements of +this section when, in the opinion of the board, the item will not constitute a +traffic hazard. +      (4)   It is a defense to prosecution under this subsection that a +structure becomes nonconforming with respect to the visibility triangle unless +the nonconforming rights attendant to the structure have been lost or +terminated under Section +51A-4.704. (Ord. Nos. 19455; 19786; 20236; 20362; 20539; 21663; 22994; 25831; +26288; 27495; 29917; 30198; 30893) +SEC. 51A-4.603.   USE OF CONVEYANCE AS A BUILDING. +   (a)   For the purposes of this section, conveyance means a railway coach or +car, streetcar, bus, airplane, trailer, or similar structure, vehicle, or +device originally intended for transporting people or goods. +   (b)   A person shall not place or use a conveyance as a building for the +operation of a use. It is a defense to prosecution that the use of a conveyance +is permitted under this section. +   (c)   A person may obtain permission to use a conveyance as a building for +the operation of a use at a location properly zoned for the use if the device +contributes to a theme or period development. The person shall submit an +application to the director requesting approval of the proposal. Within 60 days +of receipt of the application, the commission shall submit its recommendation +of approval or disapproval to the city council which may approve or reject a +resolution authorizing the use. The conveyance must comply with all applicable +ordinances and regulations. +   (d)   A person may use a conveyance as a temporary office, but not as a +residence, in connection with the sale of real estate within a specific +development project, after obtaining a building permit and certificate of +occupancy from the building official. The following measures to assure sanitary +conditions must be taken: +      (1)   If sanitary sewer facilities are available, temporary plumbing +connections must be made as prescribed by the Dallas plumbing code. No +permanent plumbing connection is permitted. +      (2)   If sanitary sewer facilities are not available, sanitation +facilities must be provided in accordance with the rules and regulations of the +department of code compliance. No building permit or certificate of occupancy +may be issued by the building official without the approval of the department +of code compliance. +      (3)   Electrical service in connection with the use described in this +subsection must be limited to temporary pole service. +   (e)   Governmental agencies and civic organizations may conduct a use in a +conveyance in accordance with this subsection. +      (1)   The use must be sponsored by and under the direct control of a +governmental agency or civic organization. +      (2)   The use must be a function relating to the public health, safety, +and welfare such as driver training, consumer and homemaking education, dental +hygiene, mobile library, mobile x-ray unit, or other similar public service use +that due to the equipment involved, logistics of scheduling locations and the +times needed in a specific community, the use is not appropriate for a +permanent location. +      (3)   The conveyance must be self-contained requiring only electrical +service. Only one electrical hook-up station served by a separate electrical +service accommodating not more than two conveyances is permitted on any +premise. The hook-up station must be a permanent installation installed under +permit. Temporary electrical or plumbing connections to existing facilities are +not permitted. +      (4)   The conveyance may be located in any zoning district; however, in +residential districts, the location is restricted to properties owned and +operated by sponsoring agencies. A sponsoring agency may by agreement +reciprocate with other sponsoring agencies to use their premises. +      (5)   The conveyance must comply with setback requirements of this +chapter and the building code. +      (6)   One sign that does not exceed 30 square feet in size may be +attached to each side of the conveyance. +   (f)   A person shall not place or use a conveyance as a dwelling unit. It is +a defense to prosecution under this subsection that: +      (1)   the person uses a railroad work car, caboose, or converted freight +car as a dwelling unit when it is confined to rails and located on the right- +of-way of a railway doing business as a common carrier; or +      (2)   the person uses a manufactured home or self-propelled recreational +vehicle as a dwelling unit in a properly zoned district. +   (g)   A person may use a conveyance as a building for the operation of a +recycling collection center. +   (h)   A person may use a conveyance as a building for the operation of x-ray +or other imaging equipment provided it is used in conjunction with a medical +clinic or ambulatory surgical center use or a hospital use. +   (i)   A person may use a conveyance as a building for the purpose of storing +food products provided: +      (1)   the conveyance is used in conjunction with a permitted use; +      (2)   a temporary food service permit is obtained from the Department of +Health and Human Services; and +      (3)   the use of the conveyance is limited to no more than twice each +calendar year for a maximum period of 15 consecutive days. +   (j)   A person may use a conveyance as a building for food preparation from +mobile vans and trucks provided: +      (1)   the conveyance is only allowed in the CS, LI, IR, and IM districts; +      (2)   the conveyance meets the standards of the department of code +compliance; +      (3)   the conveyance is operated as a temporary use which is accessory to +the main use on the property for the purpose of cooking, wrapping, packaging, +processing, or portioning ready-to-eat food for service, sale, or distribution; +and +      (4)   all required permits are obtained from the department of code +compliance. (Ord. Nos. 19455; 19786; 20360; 21398; 21895; 22759; 23694; 27697) +SEC. 51A-4.604.   RESTRICTIONS ON ACCESS THROUGH A LOT. +   (a)   Access to a use may not go through a lot in a residential district +unless the use is permitted in that residential district. If the use is +permitted in the residential district by SUP only, the access is also permitted +by SUP only. +   (b)   This section does not affect access to a use through a lot in a +nonresidential district. (Ord. 20238) +SEC. 51A-4.605.   DESIGN STANDARDS. +   (a)   Design standards for large retail uses. +      (1)   Purpose. Large retail uses often have negative impacts on community +aesthetics, the environment, mass transit, pedestrian circulation, the scale +and rhythm of streetscapes, traffic, and urban sprawl. These design standards +are intended to ensure that large retail uses are compatible with the +surrounding area and mitigate the negative impact of large retail uses while +allowing creativity, flexibility, and variety in design. These design standards +are also intended to make adaptive reuse of large retail spaces possible. +      (2)   Applicability. +         (A)   These design standards apply to the following uses built after +October 27, 2004, and the following existing uses expanded to 100,000 square +feet or more: +            (i)   In Chapter 51: +               (aa)   Retail stores other than listed uses of 100,000 square +feet or more. +               (bb)   Retail food store uses of 100,000 square feet or more. +               (cc)   Furniture store uses of 100,000 square feet or more. +               (dd)   Home improvement center uses of 100,000 square feet or +more. +            (ii)   In +Chapter 51A: +               (aa)   Furniture store uses of 100,000 square feet or more. +               (bb)   General merchandise and food store uses of 100,000 square +feet or more. +               (cc)   Home improvement center, lumber, brick or building +material sales yard uses of 100,000 square feet or more. +         (B)   These design standards do not apply to a covered mall building +containing more than 500,000 square feet. These design standards do apply to +any use listed in Subparagraph (A) within a covered mall building (an anchor +tenant) that has a means of ingress and egress independent of the covered mall +building and does not have an entrance into the common pedestrian area. +         (C)   The landscape requirements of these design standards may be used +to satisfy any landscaping required by +Article X. +         (D)   In the event that these design standards conflict with other +requirements of this chapter, the more stringent requirement applies. +      (3)   Definitions. The following definitions apply to these design +standards: +         (A)   COVERED MALL BUILDING means a single building enclosing 10 or +more retail, personal service, and office uses that have access into a climate- +controlled common pedestrian area. +         (B)   FACADE WALL means any separate face of a building, including +parapet walls and omitted wall lines, or any part of a building that encloses +usable space. Where separate faces are oriented in the same direction, or in +the directions within 45 degrees of one another, they are considered as part of +a single facade wall. +         (C)   FRONT PARKING AREA means, for developments with a single use, +the area in front of a line parallel to and extending outward from the primary +facade wall to the property lines, and means, for developments with multiple +uses, the area between two lines at the corners of the primary facade wall and +perpendicular to the primary facade wall and extending to the property line. +         (D)   PRIMARY FACADE WALL means the facade wall containing the primary +entrance. If two or more facades walls have entrances of equal significance, +each facade wall will be considered a primary facade wall. +         (E)   REAR FACADE WALL means the facade wall containing service areas. +         (F)   SIDE FACADE WALL means any facade wall that is not a primary +facade wall or a rear facade wall. +         (G)   SERVICE AREA means any area for loading docks, outdoor storage +(other than an outdoor display, sales, and storage area), trash collection or +compaction, truck parking, or other similar functions. +      (4)   Facade walls. Primary facade walls and side facade walls must +incorporate at least three of the following design elements. Rear facade walls +must incorporate at least two of the following design elements. The cumulative +length of these design elements must extend for at least 60 percent of the +facade wall’s horizontal length. +         (A)   A repeating pattern of wall recesses and projections, such as +bays, offsets, reveals, or projecting ribs, that have a relief of at least +eight inches. +         (B)   At least three of the following design elements at the primary +entrance, so that the primary entrance is architecturally prominent and clearly +visible from the abutting street: +            (i)   Architectural details such as arches, friezes, tile work, +murals, or moldings. +            (ii)   Integral planters or wing walls that incorporate landscaping +or seating. +            (iii)   Enhanced exterior light fixtures such as wall sconces, +light coves with concealed light sources, ground-mounted accent lights, or +decorative pedestal lights. +            (iv)   Prominent three-dimensional features, such as belfries, +chimneys, clock towers, domes, spires, steeples, towers, or turrets. +            (v)   A repeating pattern of pilasters projecting from the facade +wall by a minimum of eight inches or architectural or decorative columns. +         (C)   Arcades, awnings, canopies, covered walkways, or porticos. +         (D)   Display windows, faux windows, or decorative windows. +         (E)   Trim or accent elements using decorative contrasting colors or +decorative neon lighting of at least 10 percent of the area of the facade wall +exclusive of fenestration. +      (5)   Facade wall changes. Facade walls must have a one or more of the +following changes: +         (A)   Changes of color, texture, or material, either diagonally, +horizontally, or vertically, at intervals of not less than 20 feet and not more +than 100 feet. +         (B)   Changes in plane with a depth of at least 24 inches, either +diagonally, horizontally, or vertically, at intervals of not less than 20 feet +and not more than 100 feet. +      (6)   Materials and colors. +         (A)   No more than 75 percent of the area of a facade wall, exclusive +of fenestration, may have a single material or color. +         (B)   It is recommended that the following materials are only used on +rear facade walls: +            (i)   Smooth-faced concrete block that is non-tinted or non- +burnished. +            (ii)   Tilt-up concrete panels that are unadorned or untextured. +            (iii)   Prefabricated steel panels. +      (7)   Roofs. +         (A)   Roof-mounted mechanical equipment, skylights, and solar panels +must be screened or set back so that they not visible from a point five feet, +six inches above grade at the property line. Screening materials must match the +materials and colors used on the main building. Chain link fence may not be +used as a screening material. +         (B)   Roofs must have at least one of the following design elements: +            (i)   Parapets with horizontal tops having height changes of at +least one foot occurring horizontally no less than every 100 feet. Parapets +that do not have horizontal tops must have pitched or rounded tops with a +pattern that repeats or varies no less than every 100 feet. All parapets must +have detailing such as cornices, moldings, trim, or variations in brick +coursing. +            (ii)   Sloping roofs with at least two of the following design +elements: +               (aa)   Slope of at least 5:12. +               (bb)   Two or more slope planes. +               (cc)   Overhanging eaves extending at least three feet beyond +the supporting wall. +      (8)   Parking lots and landscaping. +         (A)   Landscaped islands of a minimum of 20 square feet per row of +cars must be placed at both ends of each grouping of parking rows. Landscaped +islands must have ground cover and trees or shrubs. +         (B)   Parking lots must be divided into sections containing no more +than 120 parking spaces. Parking lot sections must be divided by landscaped +dividers with a minimum width of five feet. Landscaped dividers must have trees +spaced at a maximum of 30 feet on center and ground cover or shrubs. Parking +lot sections may contain up to 160 parking spaces if, in addition to the +landscaped divider, each grouping of parking rows is divided by a landscape +island of a minimum of 20 square feet per row of cars. Landscaped islands must +have ground cover and trees or shrubs. +         (C)   No more than two-thirds of the off-street parking spaces may be +located in the front parking area. If more than 50 percent of a parking space +is within the front parking area, then that parking space shall be counted as +being within the front parking area. The two-thirds limitation on off-street +parking within the front parking area may be exceeded if one additional tree +beyond the requirements of these design standards is provided within the front +parking area for every 15 off-street additional parking spaces or fraction +thereof located within the front parking area. +         (D)   Parking lots must have a pedestrian pathway system distinguished +from the parking and driving surface by landscape barriers or a change in +surface materials such as pavers or patterned concrete. Pedestrian pathways may +not be distinguished by paint alone. Pedestrian pathways must be a minimum of +eight feet wide. Pedestrian pathways must connect mass transit stops, parking +areas, public sidewalks, and public rights-of-way to the primary entrance. +         (E)   A landscaped buffer strip with a minimum width of 20 feet must +be located between any parking area and any public right-of-way other than +alleys. The landscape buffer may be interrupted by vehicular and pedestrian +access areas. The landscape buffer strip may be located in whole or in part in +the public right-of-way if the requirements of +Chapter 43 of the Dallas City Code are met. The landscape buffer strip must +have an evergreen berm with a minimum height of three feet. If the topography +prevents installation of a berm, an evergreen hedge with a minimum height of +three feet may be substituted. The landscape buffer must also have trees spaced +at a maximum of 30 feet on center. +         (F)   Trees spaced at a maximum of 30 feet on center must be provided +within 20 feet of the primary facade wall and one side facade wall for at least +50 percent of the length of each facade wall. Trees may be located in the +public right-of-way if the requirements of +Chapter 43 of the Dallas City Code are met. Trees must be planted in a +landscape strip with a minimum width of five feet or in tree wells with minimum +dimensions of five feet by five feet. +         (G)   Parking areas must have access, either directly or via a private +access drive, to a four-lane public street with two lanes in each direction or +to a two-lane one-way public street. +         (H)   Shopping cart storage areas in parking lots must be screened +with landscaping along the length of the shopping cart storage area facing any +public right-of-way other than alleys. +      (9)   Miscellaneous design standards. +         (A)   Service areas must be oriented so that they are not visible from +abutting public rights-of-way or residential zoning districts, or must be +screened from abutting public rights-of-way or residential zoning districts by +solid masonry screening with a minimum height of eight feet extending the +entire length of the service area. +         (B)   Automotive service bays must be oriented away from any public +right-of-way or residential zoning district, unless screened from view with +solid masonry screening with a minimum height of eight feet extending the +entire length of the automotive service bays. +         (C)   Mechanical equipment on the ground must be screened using +materials matching the materials and colors used on the main building. Chain +link fence may not be used as a screening material. +         (D)   Merchandise may not be displayed or stored in parking areas or +on sidewalks adjacent to facade walls, except in screened outdoor display, +sales, and storage areas. +         (E)   Outdoor display, sales, and storage areas, such as nursery +departments, must be enclosed by screening with a solid base with a minimum +height of three feet surmounted by a wrought iron or tubular steel fence with a +minimum height of five feet. The screening must be surmounted with a minimum of +two feet of fascia with materials and colors matching the main building. No +merchandise other than trees may be visible above the screening. +         (F)   Shopping cart storage areas adjacent to facade walls (not in +parking lots) must be screened with landscaping or materials matching the +materials of the primary facade wall. No more than two shopping cart storage +areas (one on each side of an entrance) may be provided on any facade wall. +Shopping cart storage areas may not exceed 20 feet in length. +         (G)   In the CA-1 and CA-1(A) districts, a minimum of 75 percent of +the primary facade wall must be set back no more than 15 feet. +         (H)   If the use is within 300 feet of a residential zoning district +or a zoning district that allows residential uses, the following restrictions +apply. For purposes of this provision, measurements are made in a straight +line, without regard to intervening structures or objects, from the nearest +boundary of the lot where the use is conducted to the nearest boundary of the +zoning district in issue. +            (i)   External speakers are prohibited. +            (ii)   Staging, loading, or idling of commercial vehicles in a +service area is prohibited between the hours of 10:00 p.m. and 7:00 a.m. Signs +prohibiting staging, loading, or idling of commercial vehicles between the +hours of 10:00 p.m. and 7:00 a.m. must be posted every 100 feet adjacent to the +service area. +            (iii)   An external lighting plan demonstrating compliance with all +city ordinances must be submitted to and approved by the building official +prior to the issuance of a building permit for new construction, a building +permit to expand to 100,000 square feet or more, or a certificate of occupancy. +      (10)   Variations and exceptions. The city plan commission, whether or +not a specific use permit is required, may approve a site plan that does not +comply with the requirements of these design standards provided that: +         (A)   strict compliance with these design standards is impractical due +to site constraints or would result in substantial hardship; +         (B)   the site plan complies with the spirit and intent of these +design standards; +         (C)   the site plan furthers the stated purpose of these design +standards; and +         (D)   the variation or exception from these design standards will not +adversely affect surrounding properties. +The city plan commission shall follow the same procedure used for approval of +minor amendments to development plans and the fee for a minor plan amendment +shall apply. (Ord. Nos. 25785; 27404; 28553; 31607) +Division 51A-4.700. Zoning Procedures. +SEC. 51A-4.701.   ZONING AMENDMENTS. +   (a)   Initiation. +      (1)   The city council or the commission may authorize a public hearing +on an amendment to this article or a change in a zoning district classification +or boundary. If 10 or fewer property owners are involved, the director shall +send written notice to the owners of real property within the subject area not +less than 10 days before the meeting at which the city council or commission +will consider authorization of a public hearing. This notice must be written in +English and Spanish if the area of request is located wholly or partly within a +census tract in which 50 percent or more of the inhabitants are persons of +Spanish origin or descent according to the most recent federal decennial +census. If more than 10 property owners are involved, the director shall give +notice of the public hearing in the official newspaper of the city at least 10 +days before the meeting at which the city council or commission will consider +authorization of a public hearing. +      (2)   A person may request a change in the zoning district classification +or boundary by filing an application with the director. +    ��    (A)   The application must be on a form approved by the commission and +furnished by the department. +         (B)   Each owner of property within the area of request must sign the +application. +         (C)   The applicant must pay an application fee. +         (D)   If the area of request is adjacent to a public street or alley, +the director shall extend its boundaries to the centerline of the adjacent +street or alley. +         (E)   An applicant requesting a change in zoning to an urban corridor +district shall submit a concept plan in addition to the general requirements +for a zoning change. The concept plan must indicate: +            (i)   the location of the urban corridor district site showing +frontage along an urban corridor, indicating existing widths of rights-of-way, +number of lanes, lane widths, and street designations according to the city’s +thoroughfare plan or Texas Department of Transportation; +            (ii)   the existing zoning district classifications and land uses +for all properties within 250 feet of the area of request; +            (iii)   the proposed urban corridor lot dimensions, lot area, +existing building footprints, and setback lines showing buildable area based on +urban corridor regulations; and +            (iv)   the proposed mix of land uses. +   (b)   Commission report and recommendation required. +      (1)   The commission shall make a report and recommendation to the city +council on all proposed amendments to this article or requests for a change in +a zoning district classification or boundary. +      (2)   The director shall conduct those studies necessary for the +commission to make its recommendation and report to city council. +      (3)   The commission or a committee of the commission shall hold a public +hearing to allow proponents and opponents of an amendment to this article or +request for a change in a zoning district classification or boundary to present +their views. +      (4)   Before the commission holds the public hearing on an amendment to +this article or on a request for a change in a zoning district classification +or boundary, the director shall give notice of the public hearing in the +official newspaper of the city at least 10 days before the hearing. +      (5)   The director shall send written notice of a public hearing on a +city council, city plan commission, or landmark commission authorized hearing +for a change in a zoning district classification or boundary to all owners of +real property lying within 200 feet of the boundary of the area of request. See +Section +51A-1.105 for the notification area for other applications. The measurement of +the notification area includes streets and alleys. The notice must be given not +less than 10 days before the date set for the hearing by depositing the notice +properly addressed and postage paid in the United States mail to the property +owners as evidenced by the last approved tax roll. This notice must be written +in English and Spanish if the area of request is located wholly or partly +within a census tract in which 50 percent or more of the inhabitants are +persons of Spanish origin or descent according to the most recent federal +decennial census. The applicant may not alter, change, amend, enlarge, or +withdraw a portion of an application after notices have been mailed for the +public hearing. +      (5)   The director shall send written notice of a public hearing on a +city council, city plan commission, or landmark commission authorized hearing +for a change in a zoning district classification or boundary to all owners of +real property according to the following table: +  +Authorized Hearing Area Area of Notification for Hearing +0-1 acre 200 feet +over 1 acre to 5 acres 300 feet +over 5 acres to 15 acres 400 feet +over 15 acres to 25 acres 400 feet +over 25 acres 500 feet +  +See Section +51A-1.105 for the notification area for other applications. The measurement of +the notification area includes streets and alleys. The notice must be given not +less than 10 days before the date set for the city plan commission hearing by +depositing the notice properly addressed and postage paid in the United States +mail to the property owners as evidenced by the last approved tax roll. This +notice must be written in English and Spanish if the area of request is located +wholly or partly within a census tract in which 50 percent or more of the +inhabitants are persons of Spanish origin or descent according to the most +recent federal decennial census. The applicant may not alter, change, amend, +enlarge, or withdraw a portion of an application after notices have been mailed +for the public hearing. +      (6)   The commission shall make its recommendation on a proposed +amendment to this article or request for a change in a zoning district +classification or boundary from staff reports of the director, field +inspections and the evidence presented at the public hearing. +      (7)   The director shall forward to the city council the commission’s +recommendation and report on all amendments to this article and requests for a +change in a zoning district classification or boundary except that when the +request for a change in a zoning district classification or boundary is denied +by the commission, the director shall not forward that recommendation and +report to the city council unless the applicant within 10 days of the denial +files with the director a request in writing that the city council review the +commission’s findings. +      (8)   A request for a change in a zoning district classification or +boundary that has been forwarded to the city council may not be held for longer +than six months from the date of the commission’s action without being +scheduled for a city council hearing. The commission shall review a request for +a change in a zoning district classification or boundary that has not been +scheduled within six months of the commission’s action to determine whether a +time extension should be granted for a specified period or whether the +application should be terminated and declared null and void. +   (c)   City council action. +      (1)   Before the city council holds the public hearing on an amendment to +this article or on a request for a change in a zoning district classification +or boundary, the city secretary shall give notice of the public hearing in the +official newspaper of the city at least 15 days before the hearing. +      (2)   An amendment to this article and requests for a change in a zoning +district classification or boundary must be approved by the affirmative vote of +a majority of city council members present; except, the favorable vote of +three-fourths of all members of the city council is required if: +         (A)   the request for a change in a zoning district classification or +boundary has been recommended for denial by the commission; or +         (B)   a written protest against a change in a zoning district boundary +or classification has been signed by the owners of 20 percent or more of either +the land in the area of request or land within 200 feet, including streets and +alleys, measured from the boundary of the area of request and the protest has +been filed with the director. +      (3)   When city council passes an amending ordinance, the city secretary +shall file the amending ordinance in the official city records. Unless the +amending ordinance expressly indicates otherwise, the area of request is +presumed to include the area to the centerline of an adjacent street or alley. +      (1)   The director shall send written notice of a public hearing on a +city council, city plan commission, or landmark commission authorized hearing +for a change in a zoning district classification or boundary to all owners of +real property according to the following table: +  +Authorized Hearing Area Area of Notification for Hearing +0-1 acre 200 feet +over 1 acre to 5 acres 300 feet +over 5 acres to 15 acres 400 feet +over 15 acres to 25 acres 400 feet +over 25 acres 500 feet +  +See Section +51A-1.105 for the notification area for other applications. The measurement of +the notification area includes streets and alleys. The notice must be given not +less than 15 days before the date set for the city council hearing by +depositing the notice properly addressed and postage paid in the United States +mail to the property owners as evidenced by the last approved tax roll. This +notice must be written in English and Spanish if the area of request is located +wholly or partly within a census tract in which 50 percent or more of the +inhabitants are persons of Spanish origin or descent according to the most +recent federal decennial census. The applicant may not alter, change, amend, +enlarge, or withdraw a portion of an application after notices have been mailed +for the public hearing. +      (2)   Before the city council holds the public hearing on an amendment to +this article or on a request for a change in a zoning district classification +or boundary, the city secretary shall give notice of the public hearing in the +official newspaper of the city at least 15 days before the hearing. +      (3)   An amendment to this article and requests for a change in a zoning +district classification or boundary must be approved by the affirmative vote of +a majority of city council members present; except, the favorable vote of +three-fourths of all members of the city council is required if: +         (A)   the request for a change in a zoning district classification or +boundary has been recommended for denial by the commission; or +         (B)   a written protest against a change in a zoning district boundary +or classification has been signed by the owners of 20 percent or more of either +the land in the area of request or land within 200 feet, including streets and +alleys, measured from the boundary of the area of request and the protest has +been filed with the director. +      (4)   When city council passes an amending ordinance, the city secretary +shall file the amending ordinance in the official city records. Unless the +amending ordinance expressly indicates otherwise, the area of request is +presumed to include the area to the centerline of an adjacent street or alley. +   (d)   Two-year limitation. +      (1)   Except as provided in Subsections (d)(2) and (d)(3), after a final +decision is reached by the commission or city council denying a request for a +change in a zoning district classification or boundary, no subsequent +applications may be considered for that property for two years from the date of +the final decision. +      (2)   If the commission or the city council renders a final decision of +denial without prejudice, the two-year limitation is waived. +      (3)   A property owner may apply for a waiver of the two-year limitation +in the following manner: +         (A)   The applicant shall submit the request in writing to the +director. The director shall inform the applicant of the date on which the +commission shall consider the request and shall advise the applicant of the +right to appear before the commission. +         (B)   The commission may waive the time limitation if there are +changed circumstances sufficient to warrant a new hearing. +         (C)   A simple majority vote by the commission is required to grant +the request. If a waiver is granted, the applicant shall follow the procedure +for a zoning amendment under this article or a request for a change in a zoning +district classification or boundary. +         (D)   If the commission denies the request, the applicant may appeal +in writing to the city council by filing an appeal with the director. +   (e)   Postponements. +      (1)   The applicant and the opponents shall each be allowed to postpone +one hearing date before the commission and one hearing date before the city +council. +      (2)   A request for postponement must be in writing and must be submitted +to the director no later than 5:00 p.m. on the Monday of the week preceding the +week of the hearing. If the deadline falls on an official city holiday, then +the request must be submitted no later than noon on the following day. +      (3)   Before a hearing to be held by the city plan commission may be +postponed, the person requesting postponement shall pay a fee of $150.00 to the +director. Before a hearing to be held by the city council may be postponed, the +person requesting postponement shall pay a fee of $150.00 to the director. +      (4)   Only the applicant or his representative may postpone the hearing +date prior to the mailing of the hearing notices. A hearing postponed by the +applicant or his representative whether prior to the mailing of required +notices or after the mailing of required notices may be postponed for no longer +than 60 days from the date of the scheduled or advertised hearing. If the +applicant fails to request in writing within 60 days a new hearing date, the +application is automatically withdrawn, and the director shall return the +application to the applicant and the filing fee, less that amount necessary for +administrative cost as determined by the director. +      (5)   Only a property owner within the area of notification may request a +postponement for the opposition. The request for postponement must set forth +the grounds for the postponement and must be signed by the party making the +request. If postponed, the case will be rescheduled for the next hearing date +that is four weeks or more in the future, unless the party making the request +requests an earlier date. +   (f)   Withdrawals. +      (1)   If an applicant desires to withdraw his application, the applicant +shall request in writing to withdraw an entire application for a change in a +zoning district classification or boundary. +      (2)   If the applicant withdraws the application prior to the mailing of +notice, the director shall return the application to the applicant. The +director shall determine the administrative cost of processing the application, +and shall return the filing fee less the administrative cost to the applicant. +      (3)   If the applicant withdraws the application after the mailing of +notices for a public hearing before the commission, the applicant shall forfeit +65 percent of the filing fee to cover the administrative cost. +         (A)   If the application is withdrawn before 5:00 p.m. of the day that +will leave five full working days (excluding Saturdays, Sundays and official +city holidays) before the date of the hearing, the applicant shall not be +subject to the two year waiting period required in Subsection (d). +         (B)   If an applicant requests withdrawal after 5:00 p.m. of the day +that will leave five full working days (excluding Saturdays, Sundays and +official city holidays) before the date of the hearing, the commission shall +hold the public hearing and make a formal recommendation on the application. +The applicant shall be subject to the two year waiting period required in +Subsection (d). +      (4)   Once the commission has acted on a request for a change in a zoning +district classification or boundary, the applicant may withdraw his +application, but the entire application fee shall be retained by the city to +cover administrative cost if: +         (A)   the commission approved the request; or +         (B)   the commission denied the request, but the applicant within 10 +days of the denial files with the director a request in writing that the city +council review the commission’s findings. +      (5)   If the commission denies a request for a change in a zoning +district classification or boundary and the applicant does not appeal the +decision to city council, the city controller shall refund 35 percent of the +filing fee to the applicant. +   (g)   Written protest procedures. +      (1)   Purpose. +         (A)   The state law expressly enables the governing body of a +municipality to establish procedures for adopting and enforcing zoning +regulations and district boundaries. Pursuant to that authority, the city +council enacts this subsection governing the receipt of written protests +submitted for the purpose of requiring the favorable vote of three- fourths of +all members of the city council to effect a change in a zoning district +classification or boundary. +         (B)   This subsection is not intended to conflict with the state law; +it is being enacted at a time when the state law does not explicitly provide +how, when, or where a written protest must be filed. The city council expressly +recognizes that this subsection may be partially or completely preempted at any +such time that the state law is amended to explicitly provide how, when, or +where a written protest must be filed. +         (C)   This subsection is intended to accomplish the following listed +objectives which, in the opinion of the city council, are fully in keeping with +the purposes, spirit, and intent of the state law: +            (i)   To allow the staff sufficient time to accurately calculate +the land area percentages that determine the voting requirement. +            (ii)   To protect the rights of all parties by establishing minimum +criteria to assure the reliability of written protests received. +            (iii)   To protect the rights of those protesting by establishing +procedures and deadlines which are not unduly burdensome or restrictive. +            (iv)   To promote order and maintain the integrity of the zoning +process. +      (2)   Form of protest. +         (A)   A protest must be in writing and, at a minimum, contain the +following information: +            (i)   A description of the zoning case at issue. +            (ii)   The names of all persons protesting the proposed change in +zoning district classification or boundary. +            (iii)   A description of the area of lots or land owned by the +protesting parties that is either covered by the proposed change or located +within 200 feet of the area covered by the proposed change. +            (iv)   The mailing addresses of all persons signing the protest. +            (v)   The date and time of its execution. +         (B)   The protest must bear the original signatures of all persons +required to sign under Paragraph (3). +      (3)   Who must sign. +         (A)   A protest must be signed by the owner of the property in +question, or by a person authorized by power of attorney to sign the protest on +behalf of the owner. If the property is owned by two or more persons, the +protest must be signed by a majority of the owners, or by a person authorized +by power of attorney to sign the protest on behalf of a majority of the owners, +except that in the case of community property, the city shall presume the +written protest of one spouse to be the protest of both. +         (B)   In the case of property owned by a corporation, the protest must +be signed by the president, a vice-president, or by an attorney in fact +authorized to sign the protest on behalf of the corporation. In the case of +property owned by a general or limited partnership, the protest must be signed +by a general partner or by an attorney in fact authorized to sign the protest +on behalf of the partnership. +         (C)   Lots or land subject to a condominium regime are presumed to be +commonly owned in undivided interests by the owners of all condominium units +and under the control of the governing body of the condominium. For such lots +or land to be included in calculating the lots or land area protesting a +proposed rezoning, the written protest must state that the governing body of +the condominium has authorized a protest in accordance with procedures required +by its bylaws, and that the person signing the protest is authorized to act on +behalf of the governing body of the condominium. A written protest signed by +the owner of an individual condominium unit shall not be accepted unless the +filing party produces legal documents governing the condominium which clearly +establish the right of an individual owner to act with respect to his or her +respective undivided interest in the common elements of the condominium. +      (4)   When signatures must be acknowledged. +         (A)   Except as otherwise provided in Subparagraphs (B) and (C), all +signatures on a written protest must be acknowledged before a notary public. +         (B)   A signature on an original reply form sent by the city to the +mailing address of the property owner need not be acknowledged. +         (C)   A signature on a protest delivered in person by the person +signing need not be acknowledged if its reliability is otherwise established to +the satisfaction of the director. In such a case, a summary of the evidence of +reliability considered by the director must be endorsed on the protest by the +director. +      (5)   Filing deadline. +         (A)   A written protest must be filed with the director before noon on +the Friday immediately preceding the date advertised for the city council +public hearing in the statutory notice published in the official newspaper of +the city. If the deadline falls on a city holiday, written protest must be +filed by noon on the next working day after the deadline. A protest sent +through the mail must be received by the director before the deadline. +         (B)   Before the public hearing on the case, the filing deadline is +automatically extended whenever the public hearing is re-advertised in the +official newspaper of the city pursuant to statutory notice requirements. +         (C)   After the public hearing has begun, the filing deadline may only +be extended by calling a subsequent public hearing and advertising that public +hearing in the official newspaper of the city pursuant to statutory notice +requirements. In such a case, the new filing deadline is noon of the working +day immediately preceding the newly advertised public hearing date. +      (6)   Withdrawals of protests filed. Withdrawals of protests filed must +be in writing and filed with the director before the filing deadline. The +provisions of this subsection governing the form and filing of protests apply +equally to withdrawals. +      (7)   Presumptions of validity. +         (A)   In all cases where a protest has been properly signed pursuant +to this subsection, the city shall presume that the signatures appearing on the +protest are authentic and that the persons or officers whose signatures appear +on the protest are either owners of the property or authorized to sign on +behalf of one or more owners as represented. +         (B)   In cases of multiple ownership, the city shall presume that a +properly signed protest which on its face purports to represent a majority of +the property owners does in fact represent a majority of the property owners. +         (C)   The presumptions in Subparagraphs (A) and (B) are rebuttable, +and the city attorney may advise the city council that a presumption should not +be followed in a specific case based on extrinsic evidence presented. +      (8)   Conflicting instruments. In the event that multiple protests and +withdrawals are filed on behalf of the same owner, the instrument with the +latest date and time of execution controls. (Ord. Nos. 19455; 19872; 19935; +20037; 20381; 21431; 22389; 24718; 26271; 28096; 31471; 32481) +SEC. 51A-4.702.   PLANNED DEVELOPMENT (PD) DISTRICT REGULATIONS. +   (a)   General provisions. +      (1)   Purpose. The purpose of the PD is to provide flexibility in the +planning and construction of development projects by allowing a combination of +land uses developed under a uniform plan that protects contiguous land uses and +preserves significant natural features. +      (2)   Uses. A PD may contain any use or combination of uses listed in +Division +51A-4.200. The uses permitted in a PD must be listed in the ordinance +establishing the district. +      (3)   Signs. An ordinance establishing or amending a PD may not authorize +the erection, relocation, or alteration of a detached non-premise sign. A +special provision sign district must be established to authorize the erection, +relocation, or alteration of a detached non-premise sign. For more information +regarding special provision sign districts, see Division +51A-7.500. +      (4)   Mandatory regulations. The ordinance establishing a PD must specify +regulations governing building height, floor area, lot area, lot coverage, +density, yards, off-street parking and loading, environmental performance +standards, signs, landscaping, and streets and alleys. The following table may +be used as a general guide in establishing these regulations: +General Guidelines for Establishing PD Regulations +GENERAL USE CATEGORY ZONING DISTRICT +General Guidelines for Establishing PD Regulations +GENERAL USE CATEGORY ZONING DISTRICT +   Single family    TH-3(A)* +   Multifamily    MF-3(A) +   Retail    CR +   Office    MO-1 +   Commercial    CS +   Industrial    IR +*If platted lots for a single family use have a minimum width of 30 feet at +the front property line, then one parking space is required. +  +      (5)   Codification. The regulations of each PD ordinance shall be +codified in Chapter 51P. The conditions in the PD ordinance and the development +plan, landscape plan, or conceptual plan are conditions that must be complied +with before a certificate of occupancy may be granted. +      (6)   Applicable regulations. +         (A)   For PDs created on or after March 1, 1987, the regulations in +this chapter control unless they are expressly altered by a PD ordinance in +accordance with this section. The general guidelines in Subsection (a)(4) +control if the PD ordinance does not enumerate the regulations governing +building height, floor area, lot area, lot coverage, density, yards, off-street +parking and loading, environmental performance standards, signs, landscaping, +and streets and alleys. +         (B)   For PDs created prior to March 1, 1987, the regulations of +Chapter 51 control unless they are expressly altered by a PD ordinance in +accordance with this section. The general guidelines below control if the PD +ordinance does not enumerate the regulations governing building height, floor +area, lot area, lot coverage, density, yards, off-street parking and loading, +environmental performance standards, signs, landscaping, and streets and +alleys. +  +GENERAL USE CATEGORY ZONING DISTRICT +   Single family    H-4* +   Multiple-family    MF-3 +   Retail    GR +   Office    MO +   Commercial and Industri   I-1 +*If platted lots for a single family use have a minimum width of 30 feet at +the front property line, then one parking space is required. +  +         (C)   Some provisions of Chapter 51 have been amended to refer to the +parallel provisions in +Chapter 51A. This type of amendment has been made to every extent possible in +order to make interpretation and application of the code more consistent and +simpler. The amendment process is referred to as “call-forwarding the +provisions of Chapter 51” because the amendment incorporates by reference into +Chapter 51 the corresponding language in +Chapter 51A as it exists on the date of amendment and as it may be amended in +the future. The following apply when interpreting call-forwarded provisions of +Chapter 51 for planned development districts created under Chapter 51 of the +Dallas City Code. +            (i)   If a call-forwarded provision contains a cross-reference in +Chapter 51A to another section in +Chapter 51A, the cross-reference should be read to apply to the parallel +provisions in Chapter 51. +               --   For example, the sexually oriented business regulations in +Section 51-4.221 have been call-forwarded. Within those regulations, there is a +reference to Section +51A-4.217, the accessory use regulations in +Chapter 51A. When applying these regulations to a Chapter 51 planned +development district, reference should be made to Section 51-4.217, the +accessory use regulations in Chapter 51. +               --   Similarly, Section 51-4.324 has been call-forwarded. +Section 51-4.324(b)(1) refers to “residential districts.” The definition of +“residential districts” is located in Section +51A-2.102(119), but the definition makes reference to only +Chapter 51A districts. When applying Section +51A-4.324(b)(1) to a Chapter 51 planned development district, reference should +be made to the definition of “residential districts” in Chapter 51, which is +provided in Section 51-2.102(104). +The building official shall determine the parallel provision in Chapter 51 when +applying a call-forwarded regulation. +            (ii)   If a call-forwarded provision contains a reference to “this +chapter,” Chapter 51 should also be included in its application. If a call- +forwarded provision contains a reference to “this section” or another internal +cross reference, and the regulation referenced has not been call-forwarded, the +parallel provision in Chapter 51 applies. The building official shall determine +the parallel cross-reference in Chapter 51 when applying a call-forwarded +regulation. +            (iii)   If a district category is referenced in a call-forwarded +provision, that district category, as defined in Chapter 51, should be included +in the application of the regulation. For example, if a regulation has been +call-forwarded, and the corresponding regulation in +Chapter 51A applies to “industrial districts,” the regulation applies to the +Industrial-1, Industrial-2, and Industrial-3 districts when applied to a +Chapter 51 planned development district. The building official shall determine +the parallel district category in Chapter 51 when applying a call-forwarded +regulation. +            (iv)   If a use category is referenced in a call-forwarded +provision, that use category, as defined in Chapter 51, should be included in +the application of the regulation. For example, if a regulation has been call- +forwarded, and the corresponding regulation in +Chapter 51A applies to “transportation uses,” the regulation also applies to +the transportation uses contained in Chapter 51 when applied to a Chapter 51 +planned development district. The building official shall determine the +parallel use category in Chapter 51 when applying a call-forwarded regulation. +            (v)   The general guidelines below control if a provision of +Chapter 51 has been call-forwarded to the parallel provision in +Chapter 51A, and the regulation in +Chapter 51A refers only to a +Chapter 51A zoning classification in its application. +CHAPTER 51 ZONING CHAPTER 51A ZONING +CHAPTER 51 ZONING CHAPTER 51A ZONING +A A(A) +R-1ac R-1ac(A) +R-1/2ac R-1/2ac(A) +R-16 R-16(A) +R-13 R-13(A) +R-10 R-10(A) +R-7.5 R-7.5(A) +R-5 R-5(A) +D D(A) +TH-1 TH-1(A) +TH-2 TH-2(A) +TH-3 TH-3(A) +TH-4 TH-3(A) +MF-1 MF-1(A) +MF-2 MF-2(A) +MF-3 MF-3(A) +MF-4 MF-4(A) +MH MH(A) +NO NO(A) +LO LO(A) +MO MO(A) +GO GO(A) +NS NS(A) +SC CR +GR RR +HC CS +I-1 LI +I-2 IR +I-3 IM +CA-1 CA-1(A) +CA-1-CP CA-1(A)-CP +CA-1-SP CA-1(A)-SP +CA-2 CA-2(A) +P P(A) +  +      (7)   Subdistricts. For purposes of determining the applicability of +regulations in this chapter triggered by adjacency or proximity to another +zoning district, any identifiable portion of a PD governed by a distinct set of +use regulations is treated as though it were a separate zoning district. If the +PD or a portion of the PD is limited to those uses permitted in an expressly +stated zoning district, the PD or portion of the PD is treated as though it +were that expressly stated zoning district; otherwise it is treated as though +it were: +         (A)   a TH-3(A) zoning district if it is restricted to single family +and/or duplex uses; +         (B)   an MF-2(A) zoning district if it is restricted to residential +uses not exceeding 36 feet in height and allows multifamily uses; +         (C)   an MF-3(A) zoning district if it is restricted to residential +uses and allows multifamily uses exceeding 36 feet in height; or +         (D)   a nonresidential zoning district if it allows a nonresidential +use. +      (8)   Residential proximity slope. +         (A)   The residential proximity slope defined in Section +51A-4.412 governs development in a PD only to the extent set forth in the +height regulations of the PD ordinance. +         (B)   Pursuant to Resolution No. 87-2319, the city council may +authorize exceptions to the residential proximity slope by establishing PD’s in +high-intensity commercial growth nodes, as described in the city’s growth +policy plan, in order to accomplish objectives such as transit ridership or +residential development, or to achieve other economic or development +objectives. +   (b)   PD preapplication conference. +      (1)   An applicant for a PD shall request a preapplication conference +with the director. +      (2)   At the preapplication conference, the applicant shall provide a +sketch plan that includes, but is not limited to, the following information: +proposed land uses, density, approximate gross square footage of nonresidential +uses, access, projected height, topography, and significant environmental +features. +      (3)   Based on the information provided by the applicant, the director +shall: +         (A)   provide initial comments concerning the merits of the proposed +development; +         (B)   state what information must be provided in the site plan +application for a complete review of the proposed development; and +         (C)   provide any other information necessary to aid the applicant in +the preparation of the site plan application. +   (c)   PD application procedure. +      (1)   The applicant for a PD shall comply with the zoning amendment +procedure for a change in the zoning district classification. +      (2)   At the time of applying for a change in zoning district +classification, an applicant shall submit: +         (A)   a site analysis in accordance with Subsection (d); and +         (B)   a development plan in accordance with Subsection (e). +      (3)   The applicant may initially submit a conceptual plan in accordance +with Subsection (f) instead of a development plan if the conceptual plan +provides sufficient information for the city plan commission and city council +to act on the PD application. If the applicant initially submits a conceptual +plan, the applicant shall submit a complete development plan that complies with +the conceptual plan and the conditions of the PD ordinance, and that must be +approved by the city plan commission before the issuance of a building permit. +If the city plan commission disapproves the development plan, the applicant may +appeal the decision to the city council. +      (4)   An applicant may also be required to submit a development schedule +in accordance with Subsection (g). +   (d)   Site analysis. +      (1)   The site analysis must be prepared on a topography base map with +one-foot, two-foot, or five-foot contour intervals, and must describe existing +natural features and physical improvements by including the following items: +         (A)   Location of flood plains, water bodies, creeks, marshes, +drainage areas, trees near proposed construction activity (including caliper, +common name, and scientific name [trees in close proximity that all have a +caliper of less than eight inches may be designated as a “group of trees” with +only the number noted]), rock outcroppings, important view corridors of scenic +vistas and skylines, and any other significant natural features. +         (B)   Location, identification, and dimensions of all existing public +and private easements. +         (C)   Location of major utility trunk lines and future tie-ins. +         (D)   Identification of land uses, cemeteries, and historic landmarks +on and adjacent to the site. +         (E)   Location of existing structures within the site and the +improvements to be retained. +         (F)   A site location map on a smaller scale showing major circulation +routes and other landmarks that would aid in the location of the site. +      (2)   If the director determines that the site analysis or one or more of +the items listed in Paragraph (1) is not necessary to allow for a complete +review of the proposed development, the director shall waive the requirement +that the site analysis or the item(s) be provided. In making this +determination, the director shall consider the existing topography, conditions, +and natural features of the site. +   (e)   Development plan. +      (1)   The development plan may be on a single drawing and must clearly +indicate: +         (A)   any proposed public or private streets and alleys; +         (B)   building sites; +         (C)   areas proposed for dedication or reserved as parks, open space, +parkways, playgrounds, utility and garbage easements, school sites, street +widenings, or street changes; +         (D)   the points of ingress and egress from existing public streets; +         (E)   an accurate survey of the boundaries of the site; +         (F)   topography of the site with one-foot, two-foot, or five-foot +contour intervals, or spot grades where relief is limited; +         (G)   location of proposed land uses; +         (H)   the location of buildings and the minimum distance between +buildings and between buildings and property lines, street and alley rights-of- +way, and private streets; +         (I)   the arrangement of off-street parking and loading. This may be +indicated as a ratio of off-street parking and loading area to building area if +all off-street parking and loading areas are indicated for the site and there +is an example that demonstrates a common feasible method of providing the off- +street parking and loading; +         (J)   indication of any special traffic regulation facilities proposed +or required; +         (K)   screening, landscaping, and major tree groupings to be retained +if this information is essential to the proper arrangement of the development +in relation to adjacent property and internal land uses; +         (L)   location of cemeteries and historic landmarks; +         (M)   location of flood plains, water bodies, creeks, marshes, +drainage areas, conservation areas, tree groupings, and any other significant +natural features to be preserved during development; +         (N)   location of all major natural or man-made surface drainage +features; and +         (O)   indication of each phase of development if separate phases are +proposed. +      (2)   If the director determines that the items in Subparagraphs (F), +(G), (J), or (O) are not necessary to allow for a complete review of the +proposed development, the director shall waive the requirement that the item(s) +be provided. In making this determination, the director shall consider the +existing conditions of the property and the extent of the changes necessitated +by the proposed development. The director shall notify the city plan commission +of any items that have been waived. +      (3)   The city plan commission may require elevations and perspective +drawings for buildings more than 12 feet in height that are not to be used for +single family or duplex uses. +      (4)   The applicant shall submit a legal instrument establishing a plan +for the use and permanent maintenance of any area or lot that is to be entirely +devoted to open space that is not part of a building site before the +development plan may be approved. The legal instrument must be approved by the +city attorney as to legal form, and by the city plan commission as to the +suitability for the proposed use of the open space. +   (f)   Conceptual plan. The conceptual plan must indicate: +      (1)   topography of the site with one-foot, two-foot, or five-foot +contour intervals, or spot grades where relief is limited; +      (2)   location of significant natural features to be preserved during +development; +      (3)   location of cemeteries and historic landmarks; +      (4)   the location of all land use areas showing the gross acreage for +each use or category of use, maximum lot coverage, net residential densities, +floor area ratio for each use or category of use, and the approximate floor +area for all nonresidential uses; +      (5)   delineation of all undeveloped areas to be conserved as open space; +      (6)   identification of all areas to be dedicated to the city and areas +designated as common areas; +      (7)   indication of maximum heights for all structures in feet and +stories; +      (8)   location of required screening and buffer areas between the site +and adjacent property and between land uses within the site; +      (9)   location of minimum building setbacks along the site boundaries, on +dedicated streets, and between residential and nonresidential uses; +      (10)   identification of major access points and rights-of-way to be +dedicated to the city; and +      (11)   indication of each phase of development if separate phases are +proposed. +   (g)   Development schedule. +      (1)   The applicant for a PD shall, if the applicant desires or the city +plan commission or city council requires, submit a development schedule +indicating the date on which construction is to begin and the rate of +development until completion. A city council approved development schedule must +be included in the ordinance establishing the PD. +      (2)   If the applicant fails to meet the development schedule, the +commission may call a public hearing to determine the proper zoning district +classification for all or part of the PD. +      (3)   The applicant may apply to the city plan commission for an +extension of the development schedule. If the city plan commission denies the +extension, the applicant may appeal the decision to the city council. +      (4)   When a development schedule extends for more than one year, the +building official shall annually report to the city plan commission the actual +development in the PD compared with the development schedule. +   (h)   Amendments to the development plan. +      (1)   Purpose and scope. The minor amendment process allows flexibility +as necessary to meet the contingencies of development. Amendments that do not +qualify as minor amendments must be processed as a zoning amendment. Minor +amendments are limited to minor changes in the development plan that otherwise +comply with the PD ordinance and do not: +         (A)   alter the basic relationship of the proposed development to +adjacent property; +         (B)   increase a height shown on the original development plan by more +than 10 percent or 12 feet, whichever is less, provided there is no increase in +the number of habitable stories or parking levels above grade; +         (C)   decrease the amount of off-street parking spaces shown on the +original development plan so as to create a traffic hazard or traffic +congestion or fail to provide adequate parking; or +         (D)   reduce building setbacks at the boundary of the site shown on +the original development plan. +      (2)   Determination of procedure. Upon receipt of an application, the +director shall determine if the proposed amendments are minor amendments and, +if so, whether the proposed amendments are to be reviewed under the director +procedure, the city plan commission procedure, or the public notice procedure. +         (A)   Director procedure. The director may forward any application to +the city plan commission for review. The director may, however, approve minor +amendments to a development plan without the notification described in Section +51A-1.105(k) if: +            (i)   the purpose of the amendment is to bring the request area +into compliance with screening requirements; or +            (ii)   the proposed development plan: +               (aa)   does not have residential adjacency; +               (bb)   does not increase enclosed floor area from that allowed +on the original develop ment plan; +               (cc)   does not increase structure height from that allowed on +the original development plan; +               (dd)   does not change uses from those allowed on the original +development plan; +               (ee)   does not permit access to a street for which no ingress +or egress point was previously shown; and +               (ff)   does not reduce designated perimeter buffer area or +designated open space. +The director shall notify the city plan commission of all applications for +minor amendments eligible for approval under the director procedure. +         (B)   City plan commission procedure. The city plan commission may +approve a minor amendment to a development plan without the notification +described in Section +51A-1.105(k) if the proposed development plan: +            (i)   does not have residential adjacency; +            (ii)   does not change uses from those allowed on the original +development plan; and +            (iii)   does not reduce designated perimeter buffer area or +designated open space. +         (C)   Public notice procedure. Minor amendments that do not qualify +for the director procedure or the city plan commission procedure must be +reviewed under the public notice procedure. The notification described in +Section +51A-1.105(k) is required. +      (3)   “Original development plan.” For purposes of this subsection, +“original development plan” means the earliest approved development plan that +is still in effect, and does not mean a later amended development plan. For +example, if a development plan was approved with the planned development +district and then amended through the minor amendment process, the original +development plan would be the development plan approved with the planned +development district, not the development plan as amended through the minor +amendment process. If, however, the development plan approved with the planned +development district was replaced through the zoning amendment process, then +the replacement development plan becomes the original development plan. The +purpose of this definition is to prevent the use of several sequential minor +amendments to circumvent the zoning amendment process. +      (4)   Residential adjacency. For purposes of this subsection, a request +site has residential adjacency if the portion of the development plan being +amended is within 200 feet of: +         (A)   a lot in an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF- +2, or MF-2(A) district; or +         (B)   an area of planned development district that: +            (i)   is restricted to uses permitted in R, R(A), D, D(A), TH, TH +(A), CH, MF-1, MF-1(A), MF-2, or MF-2(A) districts; and +            (ii)   has a height restriction of 40 feet or less. +A request site does not have residential adjacency if the request site is +separated from the areas listed Subparagraphs (i) and (ii) above by a street +that measures 65 feet or more in width. +      (5)   Appeals. +         (A)   Director procedure. An applicant may appeal the decision of the +director to the city plan commission. An appeal must be requested in writing +within 10 days after the decision of the director. The proposed minor amendment +must then follow the city plan commission procedure. +         (B)   City plan commission procedure. An applicant may appeal the +decision of the city plan commission to the city council. An appeal must be +requested in writing within 10 days after the decision of the city plan +commission. City council shall decide whether the city plan commission erred, +using the same standards that city plan commission used. Appeal to the city +council is the final administrative remedy available. +         (C)   Public notice procedure. An applicant or owner of real property +within the notification area may appeal the decision of the city plan +commission to the city council. An appeal must be requested in writing within +10 days after the decision of the city plan commission. City council shall +decide whether the city plan commission erred, using the same standards that +the city plan commission used. Appeal to the city council is the final +administrative remedy available. +   (i)   Amendments to the landscape plan. +      (1)   Purpose and scope. The minor amendment process allows flexibility +as necessary to meet the contingencies of development. Amendments that do not +qualify as minor amendments must be processed as a zoning amendment. Minor +amendments are limited to minor changes in the landscape plan that otherwise +comply with the PD ordinance and do not: +         (A)   reduce the perimeter landscape buffer strip shown on the +original landscape plan; +         (B)   detrimentally affect the original landscape plan’s aesthetic +function relative to adjacent right-of-way or surrounding property; or +         (C)   detrimentally affect the original landscape plan’s screening or +buffering function. +      (2)    Determination of procedure. Upon receipt of an application, the +director shall determine if the proposed amendments are minor amendments and, +if so, whether the proposed amendments are to be reviewed under the director +procedure, the city plan commission procedure, or the public notice procedure. +         (A)   Director procedure. The director may forward any application to +the city plan commission for review. The director may, however, approve minor +amendments to a landscape plan without the notification described in Section +51A-1.105(k) if: +            (i)   the proposed minor amend ments are necessary to keep +landscaping from interfering with service provided by a public utility or state +regulated entity for the transmission of power, fuel, water, or communication +services; or +            (ii)   the proposed landscape plan: +               (aa)   does not change the landscape plan within 25 feet of a +property line with residential adjacency; +               (bb)   does not reduce the number of trees or amount of plan +materials in a landscape buffer area (locations and types of trees or plant +materials may be altered if the screening and aesthetic function of the buffer +area is not affected); +               (cc)   does not reduce the number of trees or amount of plant +materials within 25 feet of a street right-of-way; and +               (dd)   does not reduce the number of trees, plant materials, or +landscape points on the site. +The director shall notify the city plan commission of all applications for +minor amendments eligible for approval under the director procedure. +         (B)   City plan commission procedure. The city plan commission may +approve a minor amendment to a landscape plan without the notification +described in Section +51A-1.105(k) if the proposed landscape plan does not change the landscape plan +within 25 feet of a property line with residential adjacency. +         (C)   Public notice procedure. Minor amendments that do not qualify +for the director procedure or the city plan commission procedure must be +reviewed under the public notice procedure. The notification in Section +51A-1.105(k) is required. +      (3)   “Original landscape plan.” For purposes of this subsection, +“original landscape plan” means the earliest approved landscape plan that is +still in effect, and does not mean a later amended landscape plan. For example, +if a landscape plan was approved with the planned development district and then +amended through the minor amendment process, the original landscape plan would +be the landscape plan approved with the planned development district, not the +landscape plan as amended through the minor amendment process. If, however, the +landscape plan approved with the planned development district was replaced +through the zoning amendment process, then the replacement landscape plan +becomes the original landscape plan. The purpose of this definition is to +prevent the use of several sequential minor amendments to circumvent the zoning +amendment process. +      (4)   Residential adjacency. For purposes of this subsection, a request +site has residential adjacency if the portion of the landscape plan being +amended is within 200 feet of: +         (A)   a lot in an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF- +2, or MF-2(A) district; or +         (B)   an area of a planned development district that: +            (i)   is restricted to uses permitted in R, R(A), D, D(A), TH, TH +(A), CH, MF-1, MF-1(A), MF-2, or MF-2(A) districts; and +            (ii)   has a height restriction of 40 feet or less. +A request site does not have residential adjacency if the request site is +separated from the areas listed Subparagraphs (i) and (ii) above by a street +that measures 65 feet or more in width. +      (5)   Appeals. +         (A)   Director procedure. An applicant may appeal the decision of the +director to the city plan commission. An appeal must be requested in writing +within 10 days after the decision of the director. The proposed minor amendment +must then follow the city plan commission procedure. +         (B)   City plan commission procedure. An applicant may appeal the +decision of the city plan commission to the city council. An appeal must be +requested in writing within 10 days after the decision of the city plan +commission. City council shall decide whether the city plan commission erred, +using the same standards that city plan commission used. Appeal to the city +council is the final administrative remedy available. +         (C)   Public notice procedure. An applicant or owner of real property +within the notification area may appeal the decision of the city plan +commission to the city council. An appeal must be requested in writing within +10 days after the decision of the city plan commission. City council shall +decide whether the city plan commission erred, using the same standards that +city plan commission used. Appeal to the city council is the final +administrative remedy available. (Ord. Nos. 19455; 19786; 20037; 20496; 21243; +22053; 23997; 24232; 24637; 26730; 27404; 28367; 28553; 30808; 31688) +SEC. 51A-4.703.   BOARD OF ADJUSTMENT HEARING PROCEDURES. +   (a)   Initiation. +      (1)   The board may authorize a public hearing on issues within the +board’s jurisdiction. A board authorized public hearing must comply with the +procedures in this section. If 10 or fewer property owners are involved, the +director shall send written notice to the owners of real property within the +subject area not less than 10 days before the meeting at which the board will +consider authorization of a public hearing. This notice must be written in +English and Spanish if the area of request is located wholly or partly within a +census tract in which 50 percent or more of the inhabitants are persons of +Spanish origin or descent according to the most recent federal decennial +census. If more than 10 property owners are involved, the director shall give +notice of the public hearing in the official newspaper of the city at least 10 +days before the meeting at which the board will consider authorization of a +public hearing. +      (2)   Any aggrieved person, or an officer, department, or board of the +city may appeal a decision of an administrative official to the board when that +decision concerns issues within the jurisdiction of the board. For purposes of +this section, “administrative official” means that person within a city +department having the final decision-making authority within the department +relative to the zoning enforcement issue. +         (A)   An appeal to the board must be made within 15 days after notice +of the decision of the official. +         (B)   The appellant shall file with the official a written notice of +appeal on a form approved by the board. +         (C)   The official shall forward the notice of appeal and the record +upon which the appeal is based to the director. +   (b)   Appeal stays all proceedings. +      (1)   An appeal to the board stays all enforcement proceedings involving +the action appealed from unless the official appealed from certifies in writing +to the board facts supporting the official’s opinion that a stay would cause +imminent peril to life or property. +      (2)   If the official makes such a finding, enforcement proceedings will +be stayed only if, after notice to the official, the board or a court of +record, upon a finding of due cause, issues a restraining order. +   (c)   Notice of hearing. +      (1)   The board shall hold a public hearing on all applications. +      (2)   The director shall send written notice of a public hearing to the +applicant and all owners of real property located within 200 feet, including +streets and alleys, from the boundary of the area upon which the request is +made. The notice must be given not less than 10 days before the day set for the +hearing by depositing the notice properly addressed and postage paid in the +United States mail to the property owners as evidenced by the last approved +city tax roll. This notice must be written in English and Spanish if the area +of request is located wholly or partly within a census tract in which 50 +percent or more of the inhabitants are persons of Spanish origin or descent +according to the most recent federal decennial census. +      (3)   The director shall give notice of the time and place of the public +hearing in the official newspaper of the city at least 10 days before the +hearing. +   (d)   Board action. +      (1)   The applicant has the burden of proof to establish the necessary +facts to warrant favorable action of the board. +      (2)   Cases must be heard by a minimum of 75 percent of the members of a +board panel. The concurring vote of 75 percent of the members of a panel is +necessary to: +         (A)   reverse an order, requirement, decision, or determination of an +administrative official involving the interpretation or enforcement of the +zoning ordinance; +         (B)   decide in favor of an applicant on a matter on which the board +is required to pass under state law, the city charter, or city ordinances; or +         (C)   grant a variance. +      (3)   The board shall have all the powers of the administrative official +on the action appealed from. The board may in whole or in part affirm, reverse, +or amend the decision of the official. +      (4)    The board may impose reasonable conditions in its order to be +complied with by the applicant in order to further the purpose and intent of +this chapter. +      (5)   The decision of the board does not set a precedent. The decision of +the board must be made on the particular facts of each case. +      (6)   The applicant shall file an application for a building permit or +certificate of occupancy within 180 days from the date of the favorable action +of the board, unless the applicant files for and is granted an extended time +period prior to the expiration of the 180 days. The filing of a request for an +extended time period does not toll the 180 day time period. If the applicant +fails to file an application within the time period, the request is +automatically denied without prejudice, and the applicant must begin the +process to have his request heard again. +   (e)   Two year limitation. +      (1)   Except as provided below, after a final decision is reached by the +board, no further request on the same or related issues may be considered for +that property for two years from the date of the final decision. +      (2)   If the board renders a final decision of denial without prejudice, +the two year limitation is waived. +      (3)   The applicant may apply for a waiver of the two year limitation in +the following manner: +         (A)   The applicant shall submit his request in writing to the +director. The director shall inform the applicant of the date on which the +board will consider the request and shall advise the applicant of his right to +appear before the board. +         (B)   The board may waive the two year time limitation if there are +changed circumstances regarding the property sufficient to warrant a new +hearing. A simple majority vote by the board is required to grant the waiver. +If a rehearing is granted, the applicant shall follow the process outlined in +this section. (Ord. Nos. 19455; 20926; 22254; 22389; 22605; 25047; 27892; +28073) +SEC. 51A-4.704.   NONCONFORMING USES AND STRUCTURES. +   (a)   Compliance regulations for nonconforming uses. It is the declared +purpose of this subsection that nonconforming uses be eliminated and be +required to comply with the regulations of the Dallas Development Code, having +due regard for the property rights of the persons affected, the public welfare, +and the character of the surrounding area. +      (1)   Amortization of nonconforming uses. +         (A)   Request to establish compliance date. The city council may +request that the board of adjustment consider establishing a compliance date +for a nonconforming use. In addition, any person who resides or owns real +property in the city may request that the board consider establishing a +compliance date for a nonconforming use. Upon receiving such a request, the +board shall hold a public hearing to determine whether continued operation of +the nonconforming use will have an adverse effect on nearby properties. If, +based on the evidence presented at the public hearing, the board determines +that continued operation of the use will have an adverse effect on nearby +properties, it shall proceed to establish a compliance date for the +nonconforming use; otherwise, it shall not. +         (B)   Factors to be considered. The board shall consider the following +factors when determining whether continued operation of the nonconforming use +will have an adverse effect on nearby properties: +            (i)   The character of the surrounding neighborhood. +            (ii)   The degree of incompatibility of the use with the zoning +district in which it is located. +            (iii)   The manner in which the use is being conducted. +            (iv)   The hours of operation of the use. +            (v)   The extent to which continued operation of the use may +threaten public health or safety. +            (vi)   The environmental impacts of the use’s operation, including +but not limited to the impacts of noise, glare, dust, and odor. +            (vii)   The extent to which public disturbances may be created or +perpetuated by continued operation of the use. +            (viii)   The extent to which traffic or parking problems may be +created or perpetuated by continued operation of the use. +            (ix)   Any other factors relevant to the issue of whether continued +operation of the use will adversely affect nearby properties. +         (C)   Finality of decision.   A decision by the board to grant a +request to establish a compliance date is not a final decision and cannot be +immediately appealed. A decision by the board to deny a request to establish a +compliance date is final unless appealed to state court within 10 days in +accordance with Chapter 211 of the Local Government Code. +         (D)   Determination of amortization period. +            (i)   If the board determines that continued operation of the +nonconforming use will have an adverse effect on nearby properties, it shall, +in accordance with the law, provide a compliance date for the nonconforming use +under a plan whereby the owner’s actual investment in the use before the time +that the use became nonconforming can be amortized within a definite time +period. +            (ii)   The following factors must be considered by the board in +determining a reasonable amortization period: +               (aa)   The owner’s capital investment in structures, fixed +equipment, and other assets (excluding inventory and other assets that may be +feasibly transferred to another site) on the property before the time the use +became nonconforming. +               (bb)   Any costs that are directly attributable to the +establishment of a compliance date, including demolition expenses, relocation +expenses, termination of leases, and discharge of mortgages. +               (cc)   Any return on investment since inception of the use, +including net income and depreciation. +               (dd)   The anticipated annual recovery of investment, including +net income and depreciation. +         (E)   Compliance requirement. If the board establishes a compliance +date for a nonconforming use, the use must cease operations on that date and it +may not operate thereafter unless it becomes a conforming use. +         (F)   For purposes of this paragraph, “owner” means the owner of the +nonconforming use at the time of the board’s determination of a compliance date +for the nonconforming use. +      (2)   The right to operate a nonconforming use ceases if the +nonconforming use is discontinued for six months or more. The board may grant a +special exception to this provision only if the owner can show that there was a +clear intent not to abandon the use even though the use was discontinued for +six months or more. +      (3)   Reserved. +      (4)   The right to operate a nonconforming use ceases when the use +becomes a conforming use. The issuance of an SUP does not confer any +nonconforming rights. No use authorized by the issuance of an SUP may operate +after the SUP expires. +      (5)   The right to operate a nonconforming use ceases when the structure +housing the use is destroyed by the intentional act of the owner or his agent. +If a structure housing a nonconforming use is damaged or destroyed other than +by the intentional act of the owner or his agent, a person may restore or +reconstruct the structure without board approval. The structure must be +restored or reconstructed so as to have the same approximate height, floor +area, and location that it had immediately prior to the damage or destruction. +A restoration or reconstruction in violation of this paragraph immediately +terminates the right to operate the nonconforming use. +      (6)   The nonconformity of a use as to parking, loading, or an +“additional provision” (except for a requirement that a use be located a +minimum distance from a structure, use, or zoning district) in Division +51A-4.200 does not render that use subject to the regulations in this +subsection. +   (b)   Changes to nonconforming uses. +      (1)   Changing from one nonconforming use to another. The board may allow +a change from one nonconforming use to another nonconforming use when, in the +opinion of the board, the change is to a new use that: +         (A)   does not prolong the life of the nonconforming use; +         (B)   would have been permitted under the zoning regulations that +existed when the current use was originally established by right; +         (C)   is similar in nature to the current use; and +         (D)   will not have an adverse effect on the surrounding area. +      (2)   Remodeling a structure housing a nonconforming use. A person may +renovate, remodel, or repair a structure housing a nonconforming use if the +work does not enlarge the nonconforming use. A person may renovate, remodel, or +repair a structure housing a nonconforming tower/antenna for cellular +communication use if the modification does not substantially change the +physical dimensions of the structure housing the nonconforming tower/antenna +for cellular communication use. A modification substantially changes the +physical dimensions if it meets the criteria listed in 47 C.F.R. §1.40001(b) +(7), as amended. +      (3)   Accessory structure for a nonconforming residential use. An +accessory structure for a nonconforming residential use may be constructed, +enlarged, or remodeled in accordance with the requirements of Sections +51A-4.209(b)(6)(E)(vii) and +51A-4.217(a) without board approval. +      (4)   Nonconformity as to parking or loading. +         (A)   Increased requirements. A person shall not change a use that is +nonconforming as to parking or loading to another use requiring more off-street +parking or loading unless the additional required off-street parking and +loading spaces are provided. +         (B)   Delta theory. In calculating required off-street parking or +loading, the number of nonconforming parking or loading spaces for a use may be +carried forward when the use is converted or expanded. Nonconforming rights as +to parking or loading are defined in the following manner: +            Required parking or loading for existing use +             -   Number of existing parking or loading spaces for existing use +   Nonconforming rights as to parking or loading. +         (C)   Decreased requirements. When a use is converted to a new use +having a lesser parking or loading requirement, the rights to any portion of +the nonconforming parking or loading that are not needed to meet the new +requirements are lost. +      (5)   Enlargement of a nonconforming use. +         (A)   In this subsection, enlargement of a nonconforming use means any +enlargement of the physical aspects of a nonconforming use, including any +increase in height, floor area, number of dwelling units, or the area in which +the nonconforming use operates. +         (B)   The board may allow the enlargement of a nonconforming use when, +in the opinion of the board, the enlargement: +            (i)   does not prolong the life of the nonconforming use; +            (ii)   would have been permitted under the zoning regulations that +existed when the nonconforming use was originally established by right; and +            (iii)   will not have an adverse effect on the surrounding area. +         (C)   Structures housing a nonconforming single family or duplex use +may be enlarged without board approval. +         (D)   A nonconforming tower/antenna for cellular communication use may +be enlarged without board approval if the modification enlarging the +nonconforming tower/antenna for cellular communication does not substantially +change the physical dimensions of the nonconforming tower/ antenna for cellular +communication use. A modification substantially changes the physical dimensions +if it meets the criteria listed in 47 C.F.R. §1.40001(b)(7), as amended. +   (c)   Nonconforming structures. +      (1)   Except as provided in Subsection (c)(2), a person may renovate, +remodel, repair, rebuild, or enlarge a nonconforming structure if the work does +not cause the structure to become more nonconforming as to the yard, lot, and +space regulations. +      (2)   The right to rebuild a nonconforming structure ceases if the +structure is destroyed by the intentional act of the owner or the owner’s +agent. +      (3)   A person may, without board approval, cause a structure to become +nonconforming as to the yard, lot, and space regulations by converting the use +of the structure, except that no person may convert its use to a residential +use or to one of the nonresidential uses listed below: +         --   Airport or landing field. +         --   Animal production. +         --   Commercial amusement (inside). +         --   Commercial amusement (outside). +         --   Country club with private membership. +         --   Crop production. +         --   Drive-in theater. +         --   Dry cleaning or laundry store. +         --   General merchandise or food store 3,500 square feet or less. +         --    General merchandise or food store greater than 3,500 square +feet. +         --   Helicopter base. +         --   Heliport. +         --   Helistop. +         --   Nursery, garden shop, or plant sales. +         --   Personal service use. +         --   Private recreation center, club, or area. +         --   Public park, playground, or golf course. +         --   Restaurant without drive-in or drive-through service. +         --   Restaurant with drive-in or drive-through service. +         --   Sand, gravel, or earth sales and storage. +         --   Sanitary landfill. +         --   STOL (short takeoff or landing) port. +         --   Stone, sand, or gravel mining. +         --   Temporary construction or sales office. +         --   Theater. +         --   Transit passenger shelter. +The board may grant a special exception to this provision if the board finds +that the conversion would not adversely affect the surrounding properties. +      (4)   A person may renovate, remodel, repair, rebuild, or enlarge that +portion of a nonconforming structure supporting a tower/antenna for cellular +communication without board approval if the modification does not substantially +change the physical dimensions of the tower or base station. A modification +substantially changes the physical dimensions if it meets the criteria listed +in 47 C.F.R. §1.40001(b)(7), as amended. (Ord. Nos. 19455; 19786; 20307; 20412; +21553; 22412; 25092; 26511; 29984) +SEC. 51A-4.705.   ANNEXED TERRITORY TEMPORARILY ZONED. +   (a)   All territory annexed to the city is temporarily classified as an +agricultural district until permanent zoning district designations are given to +the area by the city council. +   (b)   The procedure for establishing the permanent zoning for annexed +territory is the same as provided for zoning amendments. +   (c)   In an area temporarily classified as an agricultural district, the +building official may issue building permits and certificate of occupancy for +any use permitted in an agricultural district. +   (d)   Before permanent zoning is adopted, the building official may issue a +building permit and certificate of occupancy for a use other than those +permitted in the agricultural district in annexed territory upon approval of +the city council in accordance with the following procedure: +      (1)   The applicant must submit to the building official an application +including: +         (A)   a statement of the use contemplated; +         (B)   a plat showing the location and size of the lot or tract of land +proposed to be used; and +         (C)   a description of the location, size, and type of buildings +proposed to be constructed. +      (2)   The building official shall forward this application to the city +plan commission. +      (3)   The city plan commission shall make its recommendation concerning +the application to the city council after considering the land use plan for the +area in question. The recommendation of the commission is advisory only, and +the city council may grant or deny the application as the facts may justify. +      (4)   Upon approving an application for a use other than permitted in an +agricultural district, the city council shall by ordinance instruct the +building official to issue building permits and certificates of occupancy for +those uses authorized. (Ord. 19455) +SEC. 51A-4.706.   RESERVED. +(Ord. 19455) +Division 51A-4.800. Development Impact Review. +SEC. 51A-4.801.   PURPOSE. +   The general objectives of this division are to promote and protect the +health, safety, and general welfare of the public through the establishment of +an administrative review procedure for certain proposed development considered +likely to significantly impact surrounding land uses and infrastructure needs +and demands. Development impact review should occur before the developer has +completed a full set of working drawings for submission as part of an +application for a building permit. As part of the review procedure, the +developer may be required to submit a site plan indicating building siting and +layout, buffering, landscaping, usable open space, access, lighting, loading, +and other specific data. Site plan review is not intended to mandate aesthetics +of design, nor is it intended to alter basic development standards such as +floor area ratio, density requirements, height, setbacks, and coverage. (Ord. +19455) +SEC. 51A-4.802.   DEFINITIONS. +   In this article: +      (1)   BUILDING ENVELOPE means the three dimensional form within which the +horizontal and vertical elements of a building are contained. +      (2)   CALIPER means the diameter of the trunk measured six inches above +ground level up to and including four inch caliper size, and measured 12 inches +above ground level if the measurement taken at six inches above ground level +exceeds four inches. If a tree is of a multi-trunk variety, the caliper of the +tree is the average caliper of all of its trunks. +      (3)   DIR means development impact review. +      (4)   ESTIMATED TRIP GENERATION means the total number of vehicle trips +generated by one or more uses on the lot derived from calculations based +exclusively on trip generation assumptions contained in Table 1 in Section +51A-4.803. +      (5)   RAR means residential adjacency review. +      (6)   RESTORATION means the act of putting back into a former or original +state. (Ord. 19455) +SEC. 51A-4.803.   SITE PLAN REVIEW. +   (a)   When a site plan is required. +      (1)   Except as otherwise provided in Subsections (a)(3) and (a)(4), a +site plan must be submitted in accordance with the requirements of this section +before an application is made for a permit for work on an individual lot if the +lot is in a district or subdistrict listed in Subsection (a)(2) and: +         (A)   the estimated trip generation for all uses on the lot +collectively is equal to or greater than 6,000 trips per day and 500 trips per +day per acre (See Table 1 to calculate estimated trip generation); +         (B)   the lot contains a use for which DIR is required in the use +regulations (See Division +51A-4.200); or +         (C)   the lot has a residential adjacency as defined in Subsection (d) +(3) and contains a use for which RAR is required in the use regulations (See +Division +51A-4.200). +      (2)   The districts and subdistricts listed for purposes of Subsection +(a)(1) are: +         (A)   all nonresidential zoning districts except central area +districts; and +         (B)   SC, GR, LC, HC, O-2, and industrial subdistricts in the Oak Lawn +Special Purpose District (Planned Development District No. 193). +TABLE 1 +TRIP GENERATION ASSUMPTIONS +USE TRIPS PER DAY +TABLE 1 +TRIP GENERATION ASSUMPTIONS +USE TRIPS PER DAY +INDUSTRIAL USES 6.97 per 1,000 gsf +LODGING USES 10.50 per room +OFFICE USES +Financial institution without drive-in 140.61 per 1,000 gsf +Financial institution with drive-in 265.21 per 1,000 gsf +Other by floor area: +   10,000 gsf or less 24.60 per 1,000 gsf +   over 10,000 to 50,000 gsf 16.58 per 1,000 gsf +   over 50,000 to 100,000 gsf 14.03 per 1,000 gsf +   over 100,000 to 150,000 gsf 12.71 per 1,000 gsf +   over 150,000 to 200,000 gsf 11.85 per 1,000 gsf +RESIDENTIAL USES +Single Family 9.55 +Other 6.59/dwelling unit +RETAIL AND PERSONAL SERVICE USES +General merchandise over 3,500 sq. ft. 177.59 per 1,000 gsf +General merchandise under 3,500 sq. ft. 737.99 per 1,000 gsf +Restaurant without drive-in 205.36 per 1,000 gsf +Restaurant with drive-in 786.22 per 1,000 gsf +Other: +   10,000 gsf or less 167.59 per 1,000 gsf +   over 10,000 to 50,000 gsf 91.65 per 1,000 gsf +   over 50,000 to 100,000 gsf 70.67 per 1,000 gsf +   over 100,000 to 150,000 gsf 62.59 per 1,000 gsf +   over 150,000 to 200,000 gsf 54.50 per 1,000 gsf +WHOLESALE, DISTRIBUTION, AND STORAGE USES +Mini-warehouse 2.61 per 1,000 gsf +Warehouse 4.88 per 1,000 gsf +‘gsf’ means gross square feet. These rates are based on the ITE Trip +Generation Report, 5th edition, January, 1991. Rates for uses and floor areas +not listed shall be based on the ITE Trip Generation Report. Rates for uses +and floor areas not listed in the ITE Trip Generation Report shall be +determined by the director based on a survey of similar existing uses. +  +      (3)   A site plan is not required under Subsection (a)(1) if the permit +is only needed for: +         (A)   restoration of a building that has been damaged or destroyed by +fire, explosion, flood, tornado, riot, act of the public enemy, or accident of +any kind; or +         (B)   construction work that does not change the use or increase the +existing building height, floor area ratio, or nonpermeable coverage of the +lot. +      (4)   If a site plan is included as part of an ordinance establishing the +zoning classification of a lot, or if a site plan is approved by official +action of the board of adjustment as a condition to the granting of a variance +or special exception on the lot, then no site plan is required to be submitted +or approved under this section if the record also reflects that: +         (A)   traffic signals, turn lanes, additional lanes, or other public +infrastructure improvements were, or are required to be, constructed or paid +for by the owner in connection with the passage of the ordinance or the +granting of the variance or special exception; and +         (B)   if the lot would otherwise be subject to the residential +adjacency standards of this section, the approving body considered the impact +of the development on surrounding land uses. +      (5)   The building official shall not issue a permit authorizing work for +which a site plan is required under Subsection (a)(1) unless the site plan has +been approved by: +         (A)   the director; or +         (B)   the city plan commission as part of the appeal process. +   (b)   Application for review. An application for review of a site plan +required under this section must be filed with the director on a form furnished +by the city for that purpose. The application must contain the following: +      (1)   The name, address, telephone number, and signature of the +applicant. If the applicant is not the owner of the lot, he must submit a +letter from the owner authorizing him to act on the owner’s behalf. +      (2)   The name, address, and telephone number of the owner of the lot. If +there is more than one owner, the names, addresses, and telephone numbers of +all owners must be provided. +      (3)   The street address and complete legal description of the lot. +      (4)   A brief description of all existing and proposed uses on the lot. +      (5)   Any other reasonable and pertinent information that the director +determines to be necessary for site plan review. +   (c)   Site plan submission. A site plan submission under this section must +include one reproducible print (blackline polyester film or equal) with five +folded blueline or blackline copies, and one 8-1/2 inch by 11 inch clear film +positive. The print and copies must have a scale of one inch equals 100 feet or +larger (e.g. one inch equals 50 feet, one inch equals 40 feet, etc.) and be on +a standard drawing sheet of a size not to exceed 36 inches by 48 inches. +   (d)   Site plan requisites. +      (1)   In general. If the site plan is required due to estimated trip +generation or a requirement for DIR in the use regulations, it must: +         (A)   include a location diagram showing the position of the lot in +relation to surrounding streets in the city's major street network; +         (B)   contain title block and reference information pertaining to the +lot and plan, including the name of the project, the names of the persons +responsible for preparing the plan, the zoning classification of the lot, the +scale of the plan (both numeric and graphic), and the date of submission, with +provisions for dating revisions; +         (C)   show the dimensions of the lot, and indicate lot area in both +square feet and acres; +         (D)   show or describe the building envelope for each existing and +proposed building on the lot; +         (E)   show the location of all existing streets, alleys, easements for +street purposes, utility and other easements, floodway management areas, and +the one-percent annual chance flood plain, if applicable; +         (F)   show all areas proposed for dedication or reservation; +         (G)   show zoning setback and building lines for each existing and +proposed building on the lot; +         (H)   show all existing and proposed points of ingress and egress and +estimated peak hour turning movements to and from existing and proposed public +and private streets and alleys; +         (I)   show all existing and proposed median cuts and driveways located +within 250 feet of the lot; +         (J)   show all existing and proposed off-street parking and loading +areas, indicating the general dimensions of parking bays, aisles, and +driveways, and the number of cars to be accommodated in each row of parking +spaces; +         (K)   show all existing and proposed provisions for pedestrian +circulation on the lot, including sidewalks, walkways, crosswalks, and +pedestrian plazas; +         (L)   indicate average daily traffic counts on adjacent streets and +illustrate estimated peak hour turning movements at intersections located +within 250 feet of the lot; +         (M)   show the location and indicate the type of any special traffic +regulation facilities proposed or required; +         (N)   show the existing and proposed topography of the lot using +contours at intervals of two feet or less. Existing contours must be shown with +dashed lines; proposed contours must be shown with solid lines; +         (O)   show the existing and proposed locations for municipal solid +waste containers and receptacles; +         (P)   show surrounding properties and the approximate location of +buildings within a distance of 250 feet of the lot, indicating their zoning +district classification. Surrounding properties may be drawn at a smaller scale +than that required under Subsection (c); +         (Q)   show locations, calipers, and names (both common and scientific) +of all trees near proposed construction activity (trees in close proximity that +all have a caliper of less than eight inches may be designated as a "group of +trees" with only the number noted); and +         (R)   contain any other reasonable and pertinent information that the +director determines to be necessary for site plan review. +      (2)   Residential adjacency items. If the lot has a residential adjacency +as defined in Subsection (d)(3) and is not in the Oak Lawn Special Purpose +District (Planned Development District No. 193), the site plan must: +         (A)   satisfy the requirements of Subparagraphs (A) through (G), (J), +and (N) through (Q) in Subsection (d)(1); +         (B)   show all existing and proposed points of ingress and egress; +         (C)   show the existing and proposed locations for all building +entrances, exits, service areas, and windows; +         (D)   show the location and indicate the type, size, and height of +perimeter fencing, screening, and buffering elements proposed or required; +         (E)   show all provisions to be made to direct and detain storm water +and to mitigate erosion both during and following the completion of +construction; +         (F)   show the location and indicate the type, orientation, size, and +height of light standards which will illuminate any portion of a required yard; +         (G)   show the location of existing and proposed signs; +         (H)   show the existing and proposed locations of all exterior +loudspeakers and sound amplifiers; +         (I)   show the existing and proposed locations for all mechanical +equipment capable of producing high levels of noise; and +         (J)   contain any other reasonable and pertinent information that the +director determines to be necessary for site plan review. +      (3)   For purposes of this section, a lot has a residential adjacency if: +         (A)   the lot is adjacent to or directly across: +            (i)   a street 64 feet or less in width; or +            (ii)   an alley from an R, R(A), D, D(A), TH, TH(A), or CH +district; or +         (B)   an existing or proposed building or structure on the lot is +within 330 feet of a lot in an R, R(A), D, D(A), TH, TH(A), or CH district. +      (4)   Reserved. +      (5)   The following information, in addition to being shown graphically, +must be separately tabulated in a conspicuous place on the plan for quick and +easy reference: +         (A)   Lot area in square feet and acres. +         (B)   Total building floor area and floor area for each use on the lot +in square feet. +         (C)   Floor area ratio of the lot. +         (D)   Square footage and percentages of building coverage and +nonpermeable coverage of the lot. +         (E)   Number of parking spaces required and number of parking spaces +provided. +         (F)   Zoning classification of the lot. +   (e)   Review by the director. +      (1)   Upon the filing of a complete application for review of a site plan +and a complete site plan submission, the director of development services shall +promptly forward one copy of each to the director of code compliance for review +and comments. The director of code compliance shall review the application and +submission and return a written recommendation to the director of development +services within 15 calendar days of the filing date. +      (2)   The director shall make a decision regarding the application and +submission within 30 calendar days of the filing date. That decision must take +one of three forms: +         (A)   Approval, no conditions. +         (B)   Approval, subject to conditions noted. +         (C)   Denial. +      (3)   If the director fails to make a decision regarding the application +and submission within 30 calendar days of the filing date, the application and +submission are considered to be approved subject to compliance with all +applicable city codes, ordinances, rules, and regulations. +      (4)   The time periods in Subsections (e)(1), (e)(2), and (e)(3) do not +begin to run until the applicant provides all of the information required in +Subsections (b), (c), and (d). In cases where the director requests additional +information within 10 calendar days of the filing date, the time periods in +Subsections (e)(1), (e)(2), and (e)(3) do not begin to run until the applicant +provides the additional information. +      (5)   If the director denies an application or submission, he shall state +in writing the specific reasons for denial. If he approves an application or +submission subject to conditions, he shall state in writing the specific +requirements to be met before issuance of a permit to authorize work on the +lot. +   (f)   Grounds for denial. +      (1)   In general. The director shall deny a site plan application or +submission under this section if: +         (A)   it does not contain sufficient information to allow for site +plan review; or +         (B)   the site plan does not comply with all applicable city codes, +ordinances, rules, or regulations. +      (2)   Vehicular circulation and infrastructure standards. +         (A) �� Except as otherwise provided in Subsection (g), the director +shall deny a site plan under this section if: +            (i)   the provisions for vehicular loading and unloading or +parking, or for vehicular or pedestrian circulation, will create hazards to +safety or will impose a significant burden upon public facilities which can be +avoided or substantially mitigated by reasonable modifications in the plan; or +            (ii)   the site plan is required due to estimated trip generation +and the owner of the lot refuses to comply with one or more of the following +development-related infrastructure requirements: +               (aa)   The owner shall construct traffic control improvements, +including, if applicable, traffic signal upgrades, at intersections adjacent to +the lot if the traffic engineer determines that such improvements are +necessitated by and wholly attributable to the proposed new development. +               (bb)   The owner shall construct right and left turn lanes, +stacking lanes, and bus turnouts in right-of-way adjacent to the lot if the +traffic engineer determines that such improvements are necessitated by and +wholly attributable to the proposed new development. +               (cc)   The owner shall dedicate right-of-way or easements to the +city to allow for those right and left turn lanes, stacking lanes, and bus +turnouts that the director determines are necessitated by and wholly +attributable to the proposed new development. +         (B)   To construct the improvements required under Subparagraph (A), +the owner shall enter into a private development contract satisfactory to the +city. The contract must be made according to terms and conditions stated on a +form provided by the director and approved by the city attorney. The contract +must include performance and payment bonds equivalent to those which the city +uses and requires in its standard specifications, and the city must be a named +obligee in the bonds. +         (C)   In lieu of constructing the improvements required under +Subparagraph (A), the owner may voluntarily pay the city an amount equal to the +estimated cost of constructing the improvements before issuance of a building +permit to authorize work on the lot. For purposes of this subparagraph, the +estimated cost of constructing the improvements shall be determined by the +director on a case by case basis. Such payments, being voluntarily tendered to +the city as an optional alternative to the performance of construction work, +shall not be “impact fees” as defined by state law, but shall constitute +compensation for the city’s construction of the required improvements. All +payments made pursuant to this subparagraph must be credited to separate +interest-bearing accounts and used only for financing construction of the +specified improvements. Any payments made that are not spent on the specified +improvements within five years after the date of payment must be refunded +together with interest accrued at the city’s investment rate during the five- +year period, less administrative costs. Refunds shall be made to the owner of +record shown on the last approved city ad valorem tax roll at the time the +refund is paid, except that payments made by a political subdivision or +governmental entity shall be refunded to that political subdivision or +governmental entity. +      (3)   Residential adjacency standards. If the lot has a residential +adjacency as defined in Subsection (d)(3) and is not in the Oak Lawn Special +Purpose District (Planned Development District No. 193), the director shall +review the site plan for compliance with this paragraph and, except as +otherwise provided in Subsection (g), shall deny the site plan if: +         (A)   the location of existing or proposed buildings, structures, or +equipment on the lot will be detrimental or injurious to each other or to +surrounding development, or will impose an undue burden on public facilities, +and the detrimental or injurious results or undue burden can be avoided or +substantially mitigated by reasonable modifications in the plan; +         (B)   development of the lot will create a soil or drainage problem +which can be avoided or substantially mitigated by reasonable modifications in +the plan; +         (C)   the proposed on-site fencing, screening, or buffering elements +do not provide adequate protection to adjacent property, and adequate +protection can be provided by reasonable modifications in the plan; or +         (D)   the exterior lighting to be provided on the lot will create a +hazard to motorists on an adjacent public or private street or alley, or will +damage or diminish the value or usability of adjacent property. +      (4)   If the director denies a site plan under this section, he shall +state in writing the specific reasons for denial. +   (g)   Approval subject to conditions noted. As an alternative to denial of a +site plan under Subsection (f), the director may approve the site plan subject +to conditions noted if compliance with all conditions will eliminate what would +otherwise constitute grounds for denial. If the director approves the site plan +subject to conditions noted, he shall state in writing the specific +requirements to be met before issuance of a permit to authorize work on the +lot. +   (h)   Approval, no conditions. If there are no grounds for denial of a site +plan under Subsection (f), the director shall approve the site plan with no +conditions. +   (i)   Appeals. +      (1)   The applicant may appeal the following decisions made by the +director: +         (A)   Denial of an application or site plan submission. +         (B)   Approval of an application or site plan submission subject to +conditions noted. +      (2)   An appeal must be made within 10 days after notice is given to the +applicant of the director’s decision. +      (3)   An appeal is made by filing a written request with the director for +review by the city plan commission. +      (4)   Decisions of the commission are final as to available +administrative remedies and are binding on all parties. +      (5)   If the commission fails to make a decision on the appeal within 30 +calendar days of the date that the written request is filed with the director, +the application and submission are considered to be approved subject to +compliance with all other applicable city codes, ordinances, rules, and +regulations. +   (j)   Validity of approved site plan. An approved site plan is valid for a +period of two years. If a permit to authorize work on the lot has not been +obtained upon expiration of the two-year period, a new site plan submission is +required. +   (k)   Effect of approved site plan. The approval of a site plan by the +director or commission does not result in the vesting of development rights, +nor does it permit the violation of any city ordinance or state law, nor does +it preclude the building official from refusing to issue a permit if he +determines that plans and specifications do not comply with applicable laws and +ordinances, or that the work described in the application for the permit does +not conform to the requirements of the construction codes. (Ord. Nos. 19455; +19786; 19929; 20037; 20730; 21760; 22053; 22026; 25047; 27697; 28073; 28424; +28553; 31314; 32002) +Division 51A-4.900. Affordable Housing. +SEC. 51A-4.901.   PURPOSE. +   This division is adopted to comply with Section 3.5 of the Consent Decree +entered on September 24, 1990, in the United States District Court for the +Northern District of Texas in the case of Debra Walker et al. v. U.S. +Department of Housing and Urban Development et al. and to further the following +related and more specific purposes: +   (a)   to encourage the provision of dwelling units affordable to families of +low income throughout the city; +   (b)   to ensure that these dwelling units are safe, sanitary, decent, and +otherwise substantially equivalent to public housing in the city; +   (c)   to ensure that these dwelling units are available in a variety of +sizes to the same extent as throughout the city; and +   (d)   to otherwise promote the general welfare of the city and its +residents. (Ord. 21663) +SEC. 51A-4.902.   DEFINITIONS. +   Unless the context clearly indicates otherwise: +   (a)   DENSITY BONUS means an increase in the number of dwelling units +otherwise allowed for any particular lot. +   (b)   DWELLING UNIT OF ADEQUATE SIZE means: +      (1)   an efficiency or larger unit for a family consisting of one person; +      (2)   a one-bedroom or larger unit for a family consisting of two +persons; +      (3)   a two-bedroom or larger unit for a family consisting of three or +four persons; and +      (4)   a three-bedroom or larger unit for a family consisting of more than +four persons. +   (c)   HUD means the United States Department of Housing and Urban +Development or its successor. +   (d)   IN-LIEU PAYMENT means a fee paid as an alternative to the provision of +an SAH unit. +   (e)   LOWER INCOME FAMILY means a family whose income does not exceed 50 +percent of the median income for a family in the Dallas Primary Statistical +Area, as determined by the Secretary of HUD, with adjustments for family size +in accordance with Section 3(b)(2) of the United States Housing Act of 1937, as +amended [42 U.S.C.A. 1437a, Subsection (b)(2)]. +   (f)   MINORITY CONCENTRATED AREA means a census tract where, according to +the most recent decennial census of population conducted by the U.S. Bureau of +the Census, more than 50 percent of the population is Black and/or of Spanish/ +Hispanic origin or descent. +   (i)   NON-MINORITY CONCENTRATED AREA means a census tract that, according to +the most recent decennial census of population conducted by the U.S. Bureau of +the Census, is not a minority concentrated area. +   (j)   SAH DISTRICT means the MF-1(SAH), MF- 2(SAH), MU-1(SAH), MU-2(SAH), +and MU-3(SAH) districts established under this chapter. +   (k)   SAH RENTAL RATE means a monthly payment equal to or less than 30 +percent of the tenant’s gross annual family income divided by 12. +   (l)   SAH UNIT means a standard affordable housing dwelling unit. +   (m)   STANDARD AFFORDABLE HOUSING DWELLING UNIT means a dwelling unit of +adequate size: +      (1)   leased or offered for lease to a lower income family for an amount +equal to or less than the SAH rental rate; or +      (2)   that satisfies all necessary criteria, as determined by the +appropriate federal or state governmental authority, for low income family +occupancy to qualify a project for federal or state tax relief or other housing +or financial assistance under a program established by and administered in +accordance with federal or state law for the purpose of aiding low income +families in obtaining a decent place to live. (Ord. 21663) +SEC. 51A-4.903.   APPLICATION OF DIVISION. +   (a)   This division only becomes applicable to a lot in an SAH district when +an application is made for a building permit that would increase the dwelling +unit density permitted in that district above the number permitted by right. +   (b)   The city council may impose an SAH requirement in a planned +development district that allows 15 or more multifamily dwelling units in the +district. The requirement, if imposed, must be reasonably consistent with the +standards and purposes of this division and must be a part of the ordinance +establishing or increasing the size of the district. (Ord. 21663) +SEC. 51A-4.904.   SPECIAL EXCEPTION. +   The board of adjustment may grant a special exception to authorize a +reduction in the number of SAH units required under this division if the board +finds, after a public hearing, that: +   (a)   the units have remained vacant for six months or more; and +   (b)   good faith efforts to lease the units to lower income families were +made during their vacancy. +In granting a special exception under this section, the board shall establish a +termination date for the special exception, which may not be more than one year +after the date of the board’s decision. This provision does not preclude the +granting of additional special exceptions in accordance with this section. The +two year limitation on a request for a property in Section +51A-4.703(e) does not apply to this section. (Ord. 21663) +SEC. 51A-4.905.   PROCEDURES TO OBTAIN A DENSITY BONUS. +   (a)   In general. Regulations for SAH districts in +Article IV specify the dwelling unit density permitted by right. A density +bonus may be obtained in these districts if one or more SAH units or an in-lieu +payment is provided in accordance with this division. Prior to the issuance of +a building permit that would increase the dwelling unit density in a SAH +district above the number permitted by right, an application for a density +bonus must be submitted to and approved by the director. +   (b)   Application. An application for a density bonus must be filed with the +director on a form provided by the city. The application must include the +following: +      (1)   the date, names, addresses, and telephone numbers of both the +property owner and the person preparing the plan; +      (2)   lot and block description, the zoning classification, and the +census tract of the lot for which the density bonus is requested; +      (3)   the dwelling unit density proposed for the lot and the dwelling +unit density permitted by right; +      (4)   the number of SAH units required as a result of receiving the +density bonus; +      (5)   if applicable, where the SAH units will be provided, including the +lot and block description, the zoning classification, and the census tract of +the lot where the SAH units will be located; +      (6)   if applicable, the amount of the in-lieu payment that will be +provided; +      (7)   any other reasonable and pertinent information that the director +determines to be necessary for review. (Ord. 21663) +SEC. 51A-4.906.   REVIEW BY THE DIRECTOR. +   (a)   The director shall approve an application for a density bonus that +complies with the standards in Subsection (b). +   (b)   Standards. +      (1)   An SAH unit provided to qualify a lot for the density bonus must +be: +         (A)   within three miles of the lot receiving the density bonus; +         (B)   on a lot where no more than 30 percent of the dwelling units are +SAH units; +         (C)   in a non-minority concentrated area; and +         (D)   in compliance with all city ordinances. +      (2)   An SAH unit provided to qualify a lot for a density bonus may not +be used to qualify another lot for a density bonus. +      (3)   The design of SAH units must be equivalent to the design of other +units located on the same lot. It is recommended that the materials of SAH +units be equivalent to the materials of other units located on the same lot. +The size of bedrooms in SAH units must be consistent with the size of bedrooms +in other units located on the same lot. +      (4)   Of the SAH units provided, 21 percent must have one bedroom, 45 +percent must have two bedrooms, 28 percent must have three bedrooms, and five +percent must have four bedrooms. In determining the number of units to be +provided, fractional units are counted to the nearest whole number, with one- +half counted as an additional unit. (Ord. Nos. 21663; 31607) +SEC. 51A-4.907.   DECISION BY THE DIRECTOR. +   (a)   Timing. The director shall make a decision regarding the application +for a density bonus within 10 working days after a complete application is +filed. An application will not be considered complete until all the information +required by Section +51A-4.905 is provided. +   (b)   Failure to act. If the director fails to make a decision regarding the +application within the 10-day period, it is approved subject to compliance with +all applicable city ordinances. +   (c)   Form of decision. The decision of the director must take one of the +following three forms: +      (1)   Approval, no conditions. +      (2)   Approval, subject to conditions noted. +      (3)   Denial. +   (d)   Approval with no conditions. If there are no grounds for denying or +modifying the application, the director shall approve it with no conditions. +   (e)   Approval subject to conditions noted. As an alternative to denial of +the application, the director may approve it subject to conditions noted if +compliance with all conditions will eliminate what would otherwise constitute +grounds for denial. If the director approves it subject to conditions noted, he +or she shall state in writing the specific requirements to be met before it is +approved. +   (f)   Denial. +      (1)   Grounds for denial. The director shall deny the application if: +         (A)   it does not contain all required information; or +         (B)   an SAH unit required to be provided in order to obtain a certain +density bonus in accordance with this division is not provided. +      (2)   Statement of reasons. If the director denies the application, he or +she shall state in writing the specific reasons for denial. +   (g)   Notice of decision. The director shall give written notice to the +applicant of his or her decision regarding the application. Notice is given +either by hand delivery or by depositing the notice properly addressed and +postage paid in the United States mail. If the notice is mailed, it must be +sent to the address shown on the application. (Ord. 21663) +SEC. 51A-4.908.   AFFORDABLE HOUSING INSTRUMENT REQUIRED. +   (a)   Requisites of instrument. If the application for a density bonus is +approved, an affordable housing instrument must be executed and filed in +accordance with this section on a form provided by the city. The instrument +must: +      (1)   be signed by all owners of the lot(s) affected; +      (2)   be signed by all lienholders, other than taxing entities, that have +either an interest in the lot(s) affected or an improvement on one or more of +those lot(s); +      (3)   contain a lot and block description of the lot(s) on which the SAH +unit(s) will be located; +      (4)   specify the number of the SAH units; +      (5)   be a covenant running with the land; +      (6)   state that all signatories agree to defend, indemnify, and hold +harmless the city of Dallas from and against all claims or liabilities arising +out of or in connection with the instrument; +      (7)   state that it may only be amended or terminated by a subsequent +written instrument that is: +         (A)   signed by the owner(s) of the lot(s) affected by the affordable +housing instrument and by all lienholders, other than taxing entities, that +have an interest in lot(s) or an improvement on the lot(s); +         (B)   approved by the director of housing and neighborhood services; +         (C)   approved as to form by the city attorney; and +         (D)   filed and made a part of the deed records of the county or +counties in which the lots are located; +      (8)   state that the owner agrees to comply with all the requirements of +this division, including the submission of an annual report and full +cooperation with audits of the affordable housing program conducted by the +city; +      (9)   state that it may be enforced by the city of Dallas; +      (10)   state that it shall be governed by the laws of the State of Texas; +and +      (11)   be approved by the director of housing and neighborhood services +and approved as to form by city attorney. +   (b)   Instrument must be filed. A true and correct copy of the approved +affordable housing instrument must be filed in the deed records of the county +or counties in which the lots affected are located. The instrument shall not be +considered effective until it is filed in the deed records in accordance with +this section. After the instrument is filed in the deed records, two file- +marked copies of the instrument must be filed with the director of housing and +neighborhood services. +   (c)   Termination or amendment of instrument. A recorded affordable housing +instrument may be terminated or amended to reduce the number of SAH units on a +lot if a corresponding number of SAH units are provided on one or more other +lots. An instrument terminating or amending a recorded affordable housing +instrument must be: +      (1)   signed by the owner of the lot(s) affected by the affordable +housing instrument and by all lienholders, other than taxing entities, that +have an interest in the lot(s) or of an improvement on the lot(s); +      (2)   approved by the director of housing and neighborhood services as to +compliance with this division; +      (3)   approved as to form by the city attorney; and +      (4)   filed and made a part of the deed records of the county or counties +in which the lot(s) are located by the owner of the lot(s). +The director of housing and neighborhood services shall not approve a +termination or amendment that would cause the total number of SAH units to be +reduced below the number required under this division, or that would otherwise +cause this division to be violated. (Ord. 21663) +SEC. 51A-4.909.   OPERATION OF AFFORDABLE HOUSING PROGRAM. +   (a)   A certificate of occupancy may not be issued for a dwelling unit +permitted because of an SAH unit approved by the director until a certificate +of occupancy has been issued for the SAH unit; however, these certificates of +occupancy may be issued simultaneously. +   (b)   An SAH unit originally leased to a qualified lower income family shall +automatically lose its status as an SAH unit if the family no longer qualifies +as a lower income family at the end of the primary term of the lease. When this +occurs, the next vacated dwelling unit must be offered for lease as an SAH unit +until the required number of SAH units are provided. This provision may not be +used as grounds for evicting a previously qualified lower income family from a +unit if the family wishes to pay the market rate for that unit. +   (c)   A lease for an SAH unit may not exceed a term of one year. +   (d)   The director of housing and neighborhood services shall randomly, +regularly, and periodically select a sample of families occupying SAH units for +the purpose of income verification. Any information received pursuant to this +subsection shall remain confidential and shall be used only for the purpose of +verifying income in order to determine eligibility for occupation of the SAH +units. All prospective tenants of an SAH unit must agree to provide or to allow +the director to obtain sufficient information to enable income verification as +contemplated in this subsection as a condition to leasing the unit. A person +commits an offense if he or she, with the intent to lease or occupy an SAH +unit, misrepresents the gross annual family income of its tenant or prospective +tenant to the lessor or the city of Dallas with knowledge of its falsity. A +person who commits the offense described in this subsection shall be guilty of +a separate offense for each day or portion of a day that the unit is leased or +occupied based on the misrepresentation. +   (e)   Annual report. Each owner of property subject to an approved +affordable housing instrument shall submit a written report on June 30 of each +year to the director that demonstrates compliance with the affordable housing +instrument and this division. Each report must include: +      (1)   a list of SAH units currently leased, including the names and +annual family incomes of the tenants; +      (2)   a list of the SAH units currently offered for lease; +      (3)   the total number of dwelling units (SAH or otherwise) currently +offered for lease; +      (4)   a list of all lower income families currently seeking to lease one +or more dwelling units on the property; and +      (5)   any other reasonable and pertinent information the director +determines to be necessary to demonstrate compliance with the affordable +housing instrument and this division. +   (f)   Family equivalence. The families that reside in SAH units must have +similar numbers and ages of members as the other families on that lot. (Ord. +21663) +SEC. 51A-4.910.   ALTERNATIVE WAYS TO SATISFY SAH UNIT OBLIGATION. +   (a)   In-lieu payment. +      (1)   In general. A property owner may reduce the number of SAH units +required to obtain a density bonus by making an in-lieu payment into a special +city account, to be known as the Housing Production Trust Fund, for development +of SAH units in non-minority concentrated areas of the city. The amount of the +payment required is calculated by multiplying the cost of constructing the +multifamily dwelling unit [See Paragraph (2) below] required by the number of +units of that size that will not be required by reason of the payment. The +entire payment must be made to the director before issuance of any required +permit. +      (2)   Cost of constructing multifamily dwelling units. Until January 2, +1995, the cost of constructing a multifamily dwelling unit is as shown: +  +NUMBER OF BEDROOMS IN UNIT COST PER UNIT +1 $35,000 +2 45,000 +3 55,000 +4 60,000 +  +On January 2, 1995, and on January 2 of each odd-numbered year thereafter, the +director shall determine the new costs of constructing multifamily dwelling +units by using the following formula: +  +Cost of Historical Cost Cost of +Constructing Type X Dallas Cost Index X Index for Year X Constructing Type +of Multifamily Unit Historical Cost of Multifamily Unit + Index for 1993 In Year X +  +Both the Dallas Cost Index and the Historical Cost Indexes must be derived from +the most recent issue of Building Construction Cost Data, published by the +Robert Snow Means Company, Inc., of Kingston, Massachusetts, unless another +publication is designated by the director. +   (b)   Provision of single family uses. It is assumed that all SAH units +provided will be multifamily uses. A property owner may, however, reduce the +number of SAH units required to obtain a density bonus by providing one or more +single family uses as SAH units in accordance with this subsection and Sections +51A-4.901 through +51A-4.909. The provision of a single family use reduces the number of +multifamily bedrooms required as shown: +  +NUMBER OF BEDROOMS IN THE SINGLE FAMILY REDUCTION IN NUMBER OF MULTIFAMILY +USE PROVIDED (“SIZE”) BEDROOMS REQUIRED +1 2 +2 3 +3 4 +4 5 +  +The number of multifamily bedrooms required to obtain a density bonus if a +person provides one or more single family uses is calculated as follows. First, +determine the number of each size of single family use provided. (For example, +a person may provide two two-bedroom and three four-bedroom single family uses +as SAH units.) Then, multiply the number of each size of single family use +provided by the number of multifamily bedrooms that will not be required by +reason of the provision of those single family uses. Next, add these numbers to +determine the total number of multifamily bedrooms that will not be required. +(In the above example, 21 multifamily bedrooms would not be required because of +the provision of the single family uses.) This number is then subtracted from +the total number of bedrooms of SAH units that would otherwise be required by +Section +51A-4.906(b)(4) to obtain the density bonus. The result is then broken down +into the number of different sizes of SAH units required by Section +51A-4.906(b)(4) to obtain the density bonus. (Ord. 21663) +Division 51A-4.1000. Park Land Dedication. +SEC. 51A-4.1001.   PURPOSE. +   Dedication of park land provides new residents and visitors with +recreational amenities and green infrastructure consistent with the current +level of park services for existing residents. (Ord. 30934, eff. 7/1/19) +SEC. 51A-4.1002.   APPLICABILITY. +   (a)   In general. Except as provided in this section, park land dedication +requirements apply to: +      (1)   a single family or duplex residential plat or building permit for +new construction; and +      (2)   a development plan or building permit that includes multifamily +residential units or a hotel or motel use. +   (b)   Exceptions. These regulations do not apply to: +      (1)   plats, replats, or issuance of building permits for new +construction on land owned by a governmental unit; and +      (2)   developments in planned development districts, existing on July 1, +2019, with open space or park land requirements. +   (c)   Waivers. Only developments that are enrolled in a program administered +by the housing and neighborhood revitalization department and authorized by the +city council, that furthers the public purposes of the city's housing policy +may be eligible to have some or all of these requirements waived. (Ord. 30934, +eff. 7/1/19) +SEC. 51A-4.1003.   DEFINITIONS AND INTERPRETATIONS. +   (a)   Definitions. In this division: +      (1)   COMMUNITY PARK means a park that is larger than a neighborhood park +and serves several neighborhoods. +      (2)   DIRECTOR means the director of the park and recreation department. +      (3)   HOTEL AND MOTEL USE means a hotel or motel use, extended stay hotel +or motel use, lodging or boarding house use, or residential hotel. +      (4)   MULTIFAMILY USE means a college dormitory, fraternity, or sorority +house, group residential facility, multifamily use, or retirement housing. +      (5)   NEIGHBORHOOD PARK means a park that serves a variety of age groups +within a limited area or neighborhood. +      (6)   PARK DEDICATION ZONE means an area as illustrated on the park land +dedication map created by the park and recreation department defining the area +where dedication may occur. +      (7)   PRIVATE PARK LAND means privately owned park land, common area, or +green spaces provided on-site that is accessible to the residents of a +development. +      (8)   SINGLE FAMILY OR DUPLEX USE means a duplex use, handicapped group +dwelling unit, or single family use. +   (b)   Interpretations. For uses or terms found in Chapter 51 the regulations +in Section +51A-4.702(a)(6)(C) apply in this division. (Ord. 30934, eff. 7/1/19) +SEC. 51A-4.1004.   DEDICATION. +   (a)    General. Dedication may be accomplished by dedication to and +acceptance of suitable land by the city or by payment of a fee-in-lieu of +dedication. +   (b)   On-site dedication. For single family or duplex residential +subdivisions, on-site dedication must be shown on the preliminary and final +plat. For multifamily or hotel and motel uses, on-site dedication must be shown +on the development plan or other plan submitted with a building permit +application. +   (c)   Off-site dedication. Off-site dedication must be evidenced by a deed +to the city that has been accepted by the director. +   (d)   Deferral. Payment of the fee-in-lieu may be deferred from the time of +platting to the time of issuance of building permits. +   (e)   Dedication calculation. The following formula applies to determine the +amount of land required to be dedicated. +      (1)   For a single family or duplex residential development: +      One acre per 100 dwelling units. Less than 100 dwelling units on a pro +rata basis. +      (2)    For a multi-family development: +      One acre per 255 single bedroom dwelling units. Less than 255 dwelling +units on a pro rata basis. +      One acre per 127 two bedroom or greater dwelling units. Less than 127 +dwelling units on a pro rata basis. +      For a college dormitory, fraternity, or sorority house, one acre for 255 +sleeping rooms. Less than 255 sleeping rooms on a pro rata basis. +      (3)   For a hotel or motel use development: +      One acre per 233 guest rooms. Less than 233 guest rooms on a pro rata +basis. +   (f)   Single family and duplex development. For single family or duplex +developments, park land dedication may occur at either the subdivision or +permitting phase. Dedication is only required once. +      (1)   Residential subdivision. +         (A)   Unless dedication has been deferred to the permitting phase, +final approval of a single family or duplex residential subdivision plat +requires at least one of the following to satisfy the requirements of +Subsection (e) of this section including any credits or off-sets authorized +pursuant to Section +51A-4.1007 +            (i)   For park land dedicated within the subdivision, a fee simple +dedication on the subdivision plat of the required park land approved by the +director. +            (ii)   For park land dedicated outside the subdivision, evidence of +recording in the appropriate real property records of a general warranty deed +of the required park land approved and accepted by the director. +            (iii)   For land platted as a private park, the land must be +identified on the plat. +            (iv)   Confirmation of deposit into the park land dedication fund +of the fee-in-lieu of dedication in the amount established pursuant to Section +51A-4.1005. +         (B)   Land established as a private park for the purposes of this +section may not be replatted to change the designation without the approval of +the city plan commission. The city plan commission shall not approve a replat +that would change the designation unless it determines that: +            (i)   alternative private park land that satisfies the requirements +of this subsection is identified within the original subdivision that meets the +dedication requirement; or +            (ii)    park land dedication require ments are met with an off-site +dedication or fee-in-lieu meeting the requirements of this division. +         (C)   For phased plats, park land dedication plats may only be +accepted for the active phase. +      (2)   Residential building permit. Issuance of a building permit for a +single family or duplex development requires at least one of the following to +satisfy the requirements of Subsection (e) of this section including any +credits or off-sets authorized pursuant to Section +51A-4.1007: +         (A)   For dedicated park land, evidence of recording in the +appropriate real property records of a general warranty deed for the required +park land approved and accepted by the director; or +         (B)   Confirmation of deposit into the park land dedication fund of +the fee-in-lieu of dedication in the amount established pursuant to Section +51A-4.1005. +         (C)    For private park land and publicly accessible private park +land, the final plat must be filed or an instrument acceptable to the city +attorney must be filed in deed records. +   (g)   Multifamily and hotel or motel use developments. Issuance of a +building permit for a multifamily or hotel or motel use development requires at +least one of the following to satisfy the requirements of Subsection (e) of +this section including any credits or off-sets authorized pursuant to Section +51A-4.1007: +      (1)   For dedicated park land, evidence of recording in the appropriate +real property records of a general warranty deed for the required park land +approved and accepted by the director; +      (2)   Identification of the required amount of private park on the +preliminary and final plats or development plan if applicable; or +      (3)   Confirmation of deposit into the park land dedication fund of the +fee-in-lieu of dedication in the amount established pursuant to Section +51A-4.1005. +   (h)   Minimum size. If the calculation in Subsection (e) of this section +results in less than one acre, the director may require the developer to pay +the fee-in-lieu of land dedication as provided in Section +51A-4.1005. The director may approve the dedication of less than one acre of +property if the proposed park meets or addresses a need in the park system or +presents an opportunity to enhance the city parks system as recommended by the +comprehensive plan. (Ord. 30934, eff. 7/1/19) +SEC. 51A-4.1005.   FEE-IN-LIEU. +   (a)   The owner of property for which dedication is required may pay a fee- +in-lieu of dedication in the amount determined in Subsection (c) of this +section, and the director shall not refuse any payment of a fee- in-lieu of +dedication. +      (1)   In some instances, the director may require the developer to pay +fees-in-lieu of dedicating land. In making this determination, the director +shall consider the following factors: +         (A)   Whether sufficient park land and open space exists in the area +of the proposed development; and +         (B)   Whether recreation potential for an area would be better served +by expanding or improving existing parks, by adding land or additional +recreational amenities. +      (2)   The director shall notify the developer in writing of the +director's decision to require a fee-in- lieu of dedication and the reason for +the decision. The developer may appeal the decision to the park and recreation +board by filing a written notice with the director within 15 days after the +date of the decision. +   (b)   Payment of the fee-in-lieu is required at the time of approval of the +final plat or issuance of building permits. Cash payments may be used only for +acquisition or improvement of park land and facilities located within the same +park dedication zone as the development. Fees may be applied to any type of +park site or improvement within the park dedication zone in accordance with +park and recreation department prioritization. +   (c)    For developments in more than one park dedication zone, or that abut +another park dedication zone, fees-in-lieu may be spent in either park +dedication zone. +   (d)   For Park Dedication Zone Seven (the Downtown/Uptown Zone) as shown on +the parkland dedication zone map, fees-in-lieu may be used to increase +connectivity in the city's trail system for the recreational benefit of the +residents of that area. (Ord. 30934, eff. 7/1/19) +SEC. 51A-4.1006.   PARK DEVELOPMENT FEE. +   (a)   In general. To provide recreational amenities on existing park land +for new residents and visitors, a park development fee is required to be paid +at the time of dedication or payment of fee-in-lieu. Except as provided in this +section, park development fees must be applied to parks within the park +dedication zone in accordance with park and recreation department +prioritization. +      (1)   Credit may be provided on a dollar for dollar basis for capital +improvements on adjacent park land if the capital improvements: +         (A)   meet minimum park and recreation standards; +         (B)   are needed and are appropriate for the park land; and +         (C)   are accepted by the director. +      (2)   Credit may be provided on a dollar for dollar basis for capital +improvements on publicly accessible private park land if the capital +improvements: +         (A)   meet minimum park and recreation standards; +         (B)   are needed and are appropriate for the park land; and +         (C)   are accepted by the director. +      (3)   A maximum credit of 50 percent of the total requirement may be +provided for capital improvements on non-publicly accessible private park land +if the capital improvements: +         (A)   meet minimum park and recreation standards; +         (B)   are needed and are appropriate for the park land; and +         (C)   are accepted by the director. +   (b)   Location. For developments in more than one park dedication zone, or +that abut another park dedication zone, park development fees may be spent in +either park dedication zone. +   (c)   Timing. Park development fees must be paid at the time all other +dedications or payments are made. (Ord. 30934, eff. 7/1/19) +SEC. 51A-4.1007.   CALCULATIONS, DEDUCTIONS, AND CREDITS. +   (a)   Initial calculations. The director shall determine the amount of land +required to be dedicated, or fees-in-lieu of dedication to be paid, in +accordance with Sections +51A-1.105(z), +51A-4.1004, +51A-4.1005, and this section. +      (1)   The director shall first calculate the amount of park dedication +required in Section +51A-4.1004; +      (2)   If the owner of the subdivision or development elects to pay a fee- +in-lieu of dedication, or the director requires the payment of a fee-in-lieu of +dedication, the director shall calculate the fee according Section +51A-4.105(z); +      (3)   If the owner of the subdivision or development chooses to satisfy +the requirements of this division by a combination of dedication of land and +payment of a fee-in-lieu of dedication, the director shall: +          +         (A)   First, calculate the total park dedication requirement; +         (B)   Second, subtract from the total park land dedication requirement +the amount of park land to be dedicated; +         (C)   Third, calculate amount of fee-in-lieu for the remaining amount +of park land dedication required by multiplying the remaining land area by the +fee-in-lieu per square foot cost factor. +   (b)   Deductions and credits. +      (1)   The number of dwelling units, guest rooms, or sleeping rooms +requiring dedication is based on a total increase in dwelling units, guest +rooms, or sleeping rooms. The director shall deduct from the initial +calculation the number of dwelling units, guest rooms, or sleeping rooms in +existence within five years of the approval of the preliminary plat or the +issuance of the first building permit for the proposed new development. The +burden is on the applicant to demonstrate to the satisfaction of the director +that the dwelling units, guest rooms, or sleeping rooms existed before the +application for the subdivision plat or building permits generating the +dedication require ment; +      (2)   The director shall reduce the dedication requirement of Section +51A-4.1004 or the fee-in-lieu of dedication requirement of Section +51A-4.1005, as applicable, by one or more of the following credits: +         (A)   The director shall grant a maximum credit of 100 percent of the +total dedication requirement for publicly accessible private park land provided +within the subdivision or development generating the dedication requirement +that meets the requirements of this paragraph. +            (i)   To be eligible for credit, publicly accessible private park +land must be: +               (aa)   made accessible to the public on an instrument approved +by the city attorney; +               (bb)   of a size approved by the director to appropriately meet +the needs of the development; +               (cc)   provide landscaping and recreational amenities approved +by the director; and +               (dd)   be open to the public during all times it is accessible +to the residents of the development. +            (ii)   Equipment in a private park must comply with city standards +applicable to the type of equipment. +            (iii)   A publicly accessible private park land instrument must: +               (aa)   contain a legal description of the development and the +publicly accessible private park land; +               (bb)   be signed by all owners and lienholders of the +development property and is binding on lienholders by a subordination clause; +               (cc)   be approved by the director; +               (dd)   be approved as to form by the city attorney; +               (ee)   create a covenant running with the land; +               (ff)    provide that the owners of the property development are +responsible for all general park maintenance at a level consistent with minimum +park and recreation standards; +               (gg)   provide necessary easements for access to the publicly +accessible private park land; +               (hh)   give the city the right, but not the obligation, to take +any action needed to make necessary repairs or improvements within the publicly +accessible private park land, and to place a lien on all lots within the +development until the city has received full compensation for that action; +               (ii)    provide that the owners of property in the development +agree to defend and indemnify the city, and to hold the city harmless from and +against all claims or liabilities arising out of or in connection with publicly +accessible private park land or publicly accessible private park land +instrument; +               (jj)   provide that it is governed by the laws of the State of +Texas; and +               (kk)   provide that it may only be amended or terminated: +                  (I)   with the consent of all the owners and lienholders of +property in the development; +                  (II)   upon the dedication of any park land or payment of a +fee-in-lieu necessary to meet the requirements of this section; and +                  (III)   after approval as to form by the city attorney, and +approval by the director. +         (B)   A maximum credit of 50 percent of the total requirement will be +given for non-publicly accessible private park land provided within the +subdivision or development generating the dedication requirement that meets the +requirement of this subparagraph. Private park land eligible for credit must: +            (i)   be of a size approved by the director to appropriately meet +the needs of the development; +            (ii)   be maintained at a level consistent with minimum park and +recreation maintenance standards; +            (iii)   provide landscaping and recreational amenities approved by +the director; +            (iv)   have equipment that complies with city standards applicable +to the type of equipment; and +            (v)   not be an interior common area. +         (C)   Developments located within a community unit development with +open space meeting the requirements of Subparagraph (A) or Subparagraph (B) may +receive credit for park land dedication as provided in this section. +      (3)   Credits are cumulative, up to a maximum of 100 percent of the +required dedication and are only applicable to the original property being +developed. (Ord. 30934, eff. 7/1/19) +SEC. 51A-4.1008.   PARK LAND DEDICATION STANDARDS. +   (a)   Park land location standards. It is the purpose of this section to +ensure that parks are easy to access, can be linked with nearby park and +recreational facilities, and are generally open to public view or accessible by +easement to benefit area development, enhance the visual character of the city, +protect public safety, and minimize conflict with adjacent land uses. Land +proposed to be dedicated for parks must meet the following location standards: +      (1)   Where physically feasible, parks should be bound by streets or by +other public uses (e.g., school, library, recreation center) to facilitate +access and possible joint use. +      (2)   Where residential lots directly abut a park, consideration should +be given to future owners' access to the facility and protection from future +park uses, such as lighting and noise. +      (3)   Dedicated park land must be in a location that is accessible by the +public. +      (4)    The director may accept dedication of property within the park +dedication zone that provides for access to parks other than community and +neighborhood parks. +      (5)   The land must comply with current park standards. +   (b)   Park land acceptance standards. +      (1)   The city may accept or reject an offer of dedication, after +consideration of the recommendation of the director, and require the payment of +fees in lieu of dedication as provided in Section +51A-4.1005. +      (2)   Land dedicated for park and recreational areas must be of such +size, dimensions, topography and general character as is reasonably required by +the city for the type of use necessary to meet the current park system +requirements. +      (3)   Land proposed to be dedicated for parks must generally meet the +following requirements. The director may recommend the acceptance of the +dedication of property that does not meet these criteria if the property is +adjacent to an existing park or other public space, provides access to a park, +or otherwise presents an opportunity to enhance the city parks system +consistent with the park and recreation department's comprehensive plan update. +         (A)��  Minimum size and configuration standards. +            (i)   Unless determined otherwise by the director pursuant to +Subsection +51A-4.1004(h), the minimum size of land dedicated for a park is one acre. +            (ii)   Land dedicated for a park must be a contiguous piece of +property that can physically accommodate improvements associated with a +neighborhood or community park. +         (B)   Location and access standards. +            (i)   The land must meet the applicable location requirements of +Paragraph (4). +            (ii)   The land must have connectivity to a public street +appropriate for the size and use of the park. +         (C)   Physical characteristics standards. +            (i)   Unless otherwise approved by the director, land must be +vacant and cleared of nonvegetative material. +            (ii)   The land must be in full compliance with all ordinances, +rules, and regulations of the city. +            (iii)   Except when approved by the director, the land must not +have severe slopes or unusual topography that would not allow the park to be +used for its intended purpose without recontouring the property. +         (D)   Minimum environmental conditions standards. Unless provided +otherwise in rules promulgated by the director, the land must be reasonably +free of recognized environmental conditions. +            (i)   If land is proposed to be dedicated by plat, before submittal +of a final plat, the applicant shall submit either a phase I environmental +assessment that shows no environmental conditions exist on the property or a +phase II environmental assessment that shows no remediation is required. +            (ii)   If land is proposed to be dedicated by separate instrument, +before acceptance the applicant shall submit either a phase I environmental +assessment that shows no environmental conditions exist on the property or a +phase II environmental assessment that shows no remediation is required. +      (4)   Land in a federally designated floodplain or floodway may be +dedicated as park land if the land otherwise meets the acceptance standards for +park land in this section and all other ordinances, rules, and regulations of +the city. Floodplain and floodway areas may only be used to meet a maximum of +50 percent of the dedication requirements. Stormwater detention/ retention +areas and associated access easements do not meet the standards for acceptance +of park land. +      (5)    For developments in more than one park dedication zone, property +may be dedicated in either park dedication zone. (Ord. 30934) +SEC. 51A-4.1009.   PARK LAND DEDICATION FUND. +   (a)   In general. +      (1)   There is hereby established a special fund for the deposit of all +sums paid in lieu of land dedication under this section. The fund will be known +as the "Park Land Dedication Fund." Except as provided in this section and +Section +51A-4.1005, funds will only be released from the Park Land Dedication Fund to +buy, build, or enhance a park within the park dedication zone, from which the +funds originated. +      (2)   Fees paid into the park land dedication fund must be spent by the +city within 10 years after the payment of the required fees. If the funds +cannot be spent within the 10 year period, the owners of the property on the +last day of the 10 year period will be entitled to a refund of the unexpended +sum upon request. The owners of the property, as shown on the current tax roll +or proven by other instrument, must request a refund within one year of the +expiration of the 10 year period. The request must be made in writing to the +director. +      (3)   Where funds have been paid or a dedication for a phased development +has been made in accordance with this section, and the original developer does +not complete all phases of the entire development, credit for any prior +dedication or payment will be applied to subsequent replats or development +plans for the same land on a pro-rata basis by dwelling unit for a period of 10 +years. Increased density requires the dedication of additional park land or +payment of additional fees. +   (b)   Expenditures. The park land dedication fund must be used for the +acquisition and improvement of parks and may not be used for park maintenance +or city staff overhead expenses. Indirect costs reasonably incurred in +connection with park acquisition and improvement, such as appraisal fees, +environmental assessment costs, legal expenses, and engineering and design +costs, are limited to a maximum of 10 percent of total acquisition or +improvement costs. (Ord. 30934) +SEC. 51A-4.1010.   TREE MITIGATION. +   (a)   In general. Trees on dedicated park land may be used to meet tree +mitigation requirements in accordance with Article X. +   (b)   Tree mitigation credits. To be eligible for Article X tree mitigation +credits, dedicated park land and private park land must meet the conservation +easement standards in Sections +51A-10.135(f)(1), +51A-10.135(f)(3), and +51A-10.135(f)(5). +   (c)   Conservation easements. Park land dedica tion requirements may be met +on an acre for acre basis for any land dedicated as a conservation easement +under Article X that meets the conservation easement standards in Article X and +the requirements for publicly accessible private park land in Section +51A-4.1007 (b)(2)(A)(i) and is accepted by the director. (Ord. 30934) +SEC. 51A-4.1011.   APPEALS. +   Except for appeals of apportionment of exactions, all appeals of the +director's decisions are appealable to the park and recreation board following +the same procedure as an appeal of an administrative official's decision to the +board of adjustment. Notice of appeal must be made within 15 days of the date +of that decision. (Ord. 30934) +SEC. 51A-4.1012.   REVIEW. +   The director shall review this ordinance every five years from the effective +date. (Ord. 30934) +Division 51A-4.1100. Mixed-Income Housing. +SEC. 51A-4.1101.   PURPOSE. +   This division is adopted to implement the provisions and goals of the +comprehensive housing policy, affirmatively further fair housing, create and +maintain available and affordable housing throughout Dallas, promote greater +fair housing choices, and overcome patterns of segregation and concentrations +of poverty. (Ord. 31152) +SEC. 51A-4.1102.    APPLICABILITY. +   (a)   In general. Development bonuses apply to qualifying developments as +follows: +      (1)   Type One developments are located in: +         (A)   MF-1(A), MF-2(A), and MF-3(A) Multifamily Districts. +         (B)   MU-1, MU-2, and MU-3 Mixed Use Districts. +         (C)   MF-1(A), MF-2(A), and MF-3(A) Multifamily Districts with public +deed restrictions. If there is a conflict between a public deed restriction +that modifies development standards and this division, the more restrictive +standard controls. +         (D)   MU-1, MU-2, and MU-3 Mixed Use Districts with public deed +restrictions. If there is a conflict between a public deed restriction that +modifies development standards and this division, the more restrictive standard +controls. +         (E)   Planned development districts that default to MF-1(A), MF-2(A), +MF-3(A), MU-1, MU-2, and MU-3 Districts as base zoning and do not alter the +yard, lot, and space or parking regulations. If there is a conflict between the +planned development district regulations and this division, the more +restrictive standard controls. +      (2)   Type Two developments are located in planned development districts +that specify mixed- income development bonuses or that reference compliance +with this division. +      (3)   Type Three developments are located in planned development +districts that reference compliance with this division and expressly reference +compliance with Section +51A-4.1106(f). If there is a conflict between the standards in a planned +development district and this division, the planned development district +conditions control. +   (b)   Market value analysis. Specific development bonus applicability is +further determined based on the location of the development in a specific +market value analysis category. +   (c)   Residential uses. To be eligible for development bonuses under this +division, developments must include multifamily or retirement housing uses. +(Ord. Nos. 31152; 32210) +SEC. 51A-4.1103.   DEFINITIONS AND INTERPRETATIONS. +   (a)   Definitions. In this division: +      (1)   AFFORDABLE RENT means affordable rent as defined in Section 20A- 24 +(2). +      (2)   AFFIRMATIVE FAIR HOUSING MARKETING means a marketing strategy +designed to attract renters of all majority and minority groups, regardless of +race, color, national origin, religion, sex, age, disability, or other +protected class under Title VIII of the Civil Rights Act of 1964 and all +related regulations, executive orders, and directives. +      (3)   AREA MEDIAN FAMILY INCOME (“AMFI”) means the median income for the +Dallas Area Standard Metropolitan Statistical Area, adjusted for family size, +as determined annually by the U.S. Department of Housing and Urban Development. +      (4)   ELIGIBLE HOUSEHOLDS means households with an income within the +required income band or voucher holders regardless of income. +      (5)   EXISTING BUILDING means a building constructed on or before +December 31, 2021. +      (6)   INCOME means income as defined by 24 CFR §5.609. +      (7)   INCOME BAND means the range of household incomes between a pre- +determined upper limit and a pre-determined lower limit generally stated in +terms of a percentage of area median family income adjusted for family size +(income bands descriptions are located in +Chapter 20A). +      (8)   MARKET VALUE ANALYSIS ("MVA") means the official study that was +commissioned by and prepared for the City of Dallas to assist residents and +policy-makers in understanding the elements of their local residential real +estate markets. +      (9)   MIXED INCOME HOUSING DEVELOPMENT BONUS program (MIHDB) means the +Mixed Income Housing Development Bonus program as described in the +Comprehensive Housing Policy. +      (10)   MIXED-INCOME RESTRICTIVE COVENANT means a covenant running with +the land that meets the requirements of this division and Chapter 20A. +      (11)   OWNER means the entity or person using the development bonus as +well as all other owners or operators of the development during the rental +affordability period. +      (12)   PASSENGER LOADING ZONE means a space that is reserved for the +exclusive use of vehicles during the loading or unloading of passengers. A +passenger loading zone is not a taxicab stand for purposes of Section 28-101, +"Restricted Use of Bus Stops and Taxicab Stands." +      (13)   PEDESTRIAN SCALE LIGHTING means lighting that emanates from a +source that is no more than 14 feet above the grade of the sidewalk or an +equivalent pedestrian light fixture approved by the director of transportation. +      (14)   RENTAL AFFORDABILITY PERIOD means the 20 year period that the +reserved dwelling units may only be leased to and occupied by eligible +households or voucher holders. +      (15)   RESERVED DWELLING UNIT means the rental units within a development +available to be occupied or currently occupied by eligible families or voucher +holders and are leased at affordable rents set according to this division. +      (16)   STOOP means a small porch leading to the entrance of a residence. +      (17)   TRANSIT PROXIMITY means development within one-half mile, measured +radially, of a transit station, including trolley stops, train stations, +transfer centers, transfer locations, transit centers, and any transit stop +with a climate-controlled waiting area. Transit agencies served include Dallas +Area Rapid Transit, Trinity Railway Express, and trolley service. +      (18)   VOUCHER HOLDER means a holder of a housing voucher, including +vouchers directly or indirectly funded by the federal government. +   (b)   Interpretations. For uses or terms found in Chapter 51 the regulations +in Section +51A-4.702 (a)(6)(C) apply in this division. (Ord. Nos. 31152; 32210) +SEC. 51A-4.1104.    DEVELOPMENT BONUS PERIOD. +   (a)   Any development bonus provided in this division is only applicable to +structures built during the rental affordability period or according to the +terms of the mixed-income restrictive covenant. +   (b)   Structures built during the term of the mixed-income restrictive +covenant may retain their bonuses until they are destroyed by an intentional +act of the owner. +   (c)   Structures built during the term of the mixed-income restrictive +covenant may retain their bonuses and be rebuilt if they are destroyed by other +than an intentional act of the owner, or owner's agent, if the development +continues to meet the requirements of this division. (Ord. 31152) +SEC. 51A-4.1105.   PROCEDURES TO OBTAIN A DEVELOPMENT BONUS. +   (a)   In general. +      (1)   The owner must comply with the requirements of +Chapter 20A, as amended. +      (2)   Before applying for a permit for construction in accordance with +this division, and Section +20A-25 owners shall: +         (A)   obtain a certified verification of the building site's MVA +category; +         (B)   sign a reserved dwelling unit verification; and +         (C)   obtain certified verification of participation in the mixed +income housing development bonus program. +   (b)   Building permit application. An application for a building permit +using a development bonus must include the following: +      (1)   the date, names, addresses, and telephone numbers of the applicant +and all property owners; +      (2)   the legal description, the current zoning classification, the +market value analysis category, and the census tract of the building site for +which the development bonus is requested; +      (3)   the total number of dwelling units proposed, the number of reserved +dwelling units provided, and the number of reserved dwelling units required as +a result of receiving the development bonus; +      (4)   the total number of one-bedroom dwelling units, two-bedroom +dwelling units, etc. being proposed; +      (5)   the certified verification of the building site's MVA category, the +reserved dwelling unit verification, and the certified verification of +participation in the mixed income housing development bonus program; +      (6)   the total floor area as defined by Chapter +51A-2.102(38) and the floor area devoted to residential uses as defined in +Section +51A-4.209; and +      (7)   any other reasonable and pertinent information that the building +official determines to be necessary for review. +   (c)   Building permit issuance. Before the issuance of a building permit, +the mixed-income restrictive covenant must be recorded in the county in which +the building site is located, and an official copy of the executed and recorded +mixed-income restrictive covenant must be submitted to the building official. +   (d)   Minimum units required. +      (1)   A development using a development bonus in this division must +provide a minimum of one reserved dwelling unit regardless of the percentage of +total units required. +      (2)   In this division, calculations of the total number of required +reserved units that result in fractions of a required unit must be rounded up +to the next whole number. +      (3)   A development using a development bonus in this division must +reserve no more than 50 percent of the dwelling units in each development for +households at or below 80 percent of area median family income. This maximum +percentage of reserved dwelling units may be waived for developments that are +enrolled in a program administered by the department of housing and +neighborhood revitalization and authorized by the city council that furthers +the public purposes of the city's housing policy and affirmatively furthers +fair housing. +   (e)   Phasing. +      (1)   To obtain a development bonus for a phased development, a project +plan must be submitted to the building official with the initial building +permit application. +      (2)   For a phased development: +         (A)   the first phase must independently qualify for the development +bonus; +         (B)   each subsequent phase combined with all previous phases already +completed or under construction must also qualify for the development bonus; +and +         (C)   the dispersal requirements in Section +51A-4.1106 only apply to buildings and phases with reserved units. +      (3)   A project taking advantage of a development bonus may consist of +two or more building sites if they are developed under a project plan. The +project plan must include a unit dispersal plan and must be: +         (A)   signed by all property owners; and +         (B)   approved by the building official. +   (f)   Certificate of occupancy. Before the issuance of a final certificate +of occupancy for a multifamily or retirement housing use, the owner must submit +to the building official any additional information needed to ensure compliance +with the terms of the building permit and the mixed-income restrictive +covenant, including: +      (1)   The approved affirmative fair housing marketing plan described in +Section +20A-31(g). +      (2)   A letter from the director of housing and neighborhood +revitalization certifying that the development complies with the mixed-income +restrictive covenant. +      (3)   A letter documenting that the development has registered with one +or more local providers of housing vouchers and has acknowledged that the +development must pass the provider’s required inspections. (Ord. Nos. 31152; +32210) +SEC. 51A-4.1106.   DEVELOPMENT REGULATIONS. +   (a)   Reserved dwelling unit location requirements. Except as provided in +Section +51A-4.1105 (e) and in this section, all reserved dwelling units must be +provided on the same building site as the market rate units. +      (1)   Reserved dwelling units must be dispersed throughout the +residential floor area of each building. +      (2)   Reserved dwelling units must not be segregated or concentrated in +any one floor or area of any buildings but must be dispersed throughout all +residential buildings. +      (3)   Reserved dwelling units may float within each dwelling unit type. +      (4)   Reserved dwelling units must be of comparable finish-out and +materials as the market rate dwelling units and must be equally available to +eligible families or voucher holders as other market rate dwelling unit +tenants. +   (b)   Pro-rata dispersal of reserved dwelling units. +      (1)   In general. Except as provided in Section 20A-31(i) and this +subsection, reserved dwelling units must be dispersed substantially pro-rata +among the total unit types so that not all the reserved dwelling units are +efficiency or one-bedroom units. For example, if 10 percent of the total +dwelling units are reserved dwelling units, 10 percent of the efficiency units, +10 percent of the one-bedroom units, 10 percent of the two-bedroom units, 10 +percent of the three-bedroom units (and so on, if applicable) must be reserved +dwelling units. +      (2)   Specialty units. +         (A)   A maximum 10 percent of the total units may be specialty units +including club suites and penthouse suites and are not required to be part of +the dispersal of reserved dwelling units by type; however, specialty units are +included in the total number of all units used to calculate the number of +reserved units. +         (B)   Units may not be designated as specialty units solely due to the +number of bedrooms in the unit. +   (c)   Common areas and amenities. Eligible families or voucher holders +occupying reserved units may not be restricted from common areas and amenities +unless the restrictions apply to all dwelling unit occupants. +   (d)   Type One developments. Type One developments are eligible to receive +the mixed income housing development bonuses in the specific district +regulations in accordance with Section 20A-23.l, as amended. +   (e)   Type Two developments. Type Two developments are eligible to receive +mixed income housing development bonuses in the planned development district +conditions in accordance with Section 20A-23.1, as amended. +   (f)   Type Three developments. Type Three developments with a minimum of 80 +percent of floor area devoted to residential uses are eligible to receive the +following mixed income housing development bonuses according to this subsection +and in accordance with Section 20A-23.1, as amended. A minimum of one reserved +unit or the percentage of total units in a tier, whichever is greater, must be +provided. +      (1)   Dwelling unit bonus. The number of reserved units required is +calculated based on the total number of dwelling units, after the dwelling unit +bonus is determined. +  + Tier 1 ( <= 50% of AMFI) Tier 2 (51 - 80% of Tier 3 (81 - 100% of +MVA Category Minimum 3% of units AMFI) Minimum 5% of AMFI) Minimum 10% of + units units +MVA A-F Greater of 50% or an Greater of 30% or an Greater of 20% or an + additional 80 units additional 60 units additional 40 units +MVA G-I Greater of 60% or an Greater of 40% or an Greater of 30% or an + additional 80 units additional 60 units additional 40 units +  +      (2)   Floor area ratio bonus. This bonus applies only to residential +floor area ratio. +  + Tier 1 (<= 50% of AMFI) Tier 2 (51 - 80% of Tier 3 (81 - 100% of +MVA Category Minimum 3% of units AMFI) Minimum 5% of AMFI) Minimum 10% of + units units +MVA A-F Greater of 25% or an Greater of 15% or an Greater of 10% or an + additional 1.5 FAR additional 1.0 FAR additional 0.5 FAR +MVA G-I Greater of 45% or an Greater of 35% or an Greater of 20% or an + additional 2.5 FAR additional 2.0 FAR additional 1.0 FAR +  +      (3)   Height bonus. This bonus applies to all uses. Any height bonus +leading to a fraction of an additional story is rounded to the next higher +story. Except as provided in this subsection the following bonuses apply: +  + Tier 1 (<= 50% of AMFI) Tier 2 (51 - 80% of Tier 3 (81 - 100% of +MVA Category Minimum 3% of units AMFI) Minimum 5% of AMFI) Minimum 10% of + units units +MVA A-F Greater of 25% or an Greater of 15% or an Greater of 10% an + additional 50 feet additional 30 feet additional 15 feet +MVA G-I Greater of 45% or an Greater of 35% or an Greater of 20% or an + additional 50 feet additional 30 feet additional 15 feet +  +      (4)   Stories bonus. This bonus applies to all uses. Any story bonus +leading to a fraction of an additional story is rounded to the next higher +story. Except as provided in this subsection the following bonuses apply: +  + Tier 1 ( <= 50% of Tier 2 (51 - 80% of Tier 3 (81 -100% +MVA Category AMFI) Minimum 3% of AMFI) Minimum 5% of ofAMFI) Minimum 10% of + units units units + Greater of 25% or an Greater of 15% or an Greater of 10% or an +MVA A-F additional four additional three additional two stories + stories stories + Greater of 45% or an Greater of 35% or an Greater of 2% or an +MVA G-I additional four additional three additional two stories + stories stories +  +      (5)   Conflicts. In the case of a conflict between a height bonus and a +stories bonus the greater bonus applies. +      (6)   Parking reduction. This reduction only applies to the total number +of required off-street parking spaces for nonresidential uses except alcoholic +beverage establishments, commercial amusement (inside), commercial amusement +(outside), restaurant without drive-in or drive-through service, and restaurant +with drive-in or drive- through service. +  + Tier 1 (<= 50% of AMFI) Tier 2 (51 - 80% of Tier 3 (81 - 100% of +MVA Category Minimum 3% of units AMFI) Minimum 5% of AMFI) Minimum 10% of + units units +MVA A-F 100% 50% 20% +MVA G-I 100% 70% 40% +  +   (g)   Alternative methods. The requirements for on-site reserved units in +this division may be met by alternative methods as provided in Section +20A-23.1 , as amended. (Ord. Nos. 31152; 32210) +SEC. 51A-4.1107.   DESIGN STANDARDS. +   (a)   In general. +      (1)   Except as provided in this section, to obtain a development bonus +under this division, a qualifying development must meet the requirements of +this section, where applicable. +      (2)   Except as provided in this section, the board of adjustment may not +grant a variance or special exception to the standards in this section. +      (3)   Except if the existing building is destroyed by the intentional act +of the owner or the owner's agent, the existing building may be renovated, +remodelled, repaired, rebuilt, or enlarged using the bonuses in this division +if the work does not cause the existing building to become more nonconforming +as to the requirements in this section and the applicable zoning district. +      (4)   For off-street parking requirements for residential uses in +existing buildings, development bonuses may not reduce the minimum number of +required off-street parking spaces beyond the number required in Subsection +(c). +   (b)   Yard, lot, and space standards. +      (1)   Encroachments. The following additional items are permitted to be +located within the required front, side, and rear yards: +         (A)   Seat walls, retaining walls, stoops, porches, steps, unenclosed +balconies, ramps, handrails, safety railings, and benches all not exceeding +four feet in height and extending a maximum of five feet into the required +minimum yards. +         (B)   Landscape planters. +         (C)   Sculptures. +         (D)   Awnings +      (2)   Front yard fences. A maximum four-foot-high fence is allowed in a +front yard. A maximum four-foot-high handrail may be located on retaining walls +in a front yard. +      (3)   Height. Maximum height is controlled by the development bonus +provisions and must comply with residential proximity slope regulations if +applicable. +   (c)   Off-street parking and loading. +      (1)   In general. Except as provided in this section, consult the use +regulations in Division 51A-4.200 for the specific off-street parking and +loading requirements for each use. +      (2)   Multifamily parking. Except as provided in this paragraph, the +lesser of one-half space per dwelling unit or the minimum number of parkjng +spaces required in Division 51A-4.200, as amended, is required. +         (A)   At least 15 percent of the required parking must be available +for guest parking. +         (B)   For developments with transit proximity, the lesser of one-half +space per dwelling unit or the minimum number of parking spaces required in +Division 51A-4.200, as amended, is required. At least 15 percent of the +required parking must be available for guest parking. +      (3)   Retirement housing. The lesser of one- quarter space per dwelling +unit or the minimum number of parking spaces required in Division 51A-4.200, as +amended, is required. +      (4)   Parking locations. +         (A)   In general. Except as provided in this paragraph, surface +parking is prohibited between the street-facing facade and the property line. +For buildings with more than one street frontage, only two street frontages are +subject to this requirement. +         (B)   Thoroughfare frontage. For buildings fronting on a thoroughfare, +surface parking is prohibited within the front setback. +         (C)   Surface parking. A maximum of 15 percent of the total on-site +parking may be provided as surface parking in a side yard. +         (D)   Parking structure. That portion of the ground-level floor facing +the street of any multi- floor parking facility must have an active use other +than parking, with a minimum depth of 25 feet, or must have an exterior facade +that is similar in materials, architecture, and appearance to the facade of the +main structure. Exterior parking structure facade openings must provide solid +screening a minimum 42 inches from the floor level within the parking structure +to screen vehicles and vehicle headlights. +         (E)   Assigned parking. For assigned parking spaces, those spaces +allotted for reserved dwelling units must be dispersed and distributed amongst +all other assigned parking for similar units. +      (5)   Passenger loading. +         (A)   Each building site must provide at least one off-street or on- +street passenger loading space. The board of adjustment may grant a variance to +this subparagraph. +         (B)   On-street passenger loading zones, if provided, must be +constructed in compliance with Architectural Barrier Act accessibility +standards and must be approved by the director and by the director of public +works. +      (6)   Screening of off-street loading spaces and service areas. Screening +must be at least six feet in height measured from the horizontal plane passing +through the nearest point of the off-street loading space and may be provided +by using any of the methods described in Section 51A-4.602(b)(3), except that +screening around service areas for trash collection must be screened by a +masonry wall with a solid gate. +      (7)   Review. This subsection must be reviewed by city council within two +years of May 11, 2022 and every two years, thereafter. +   (d)   Street and open space frontages. +      (1)   Frontages. All street-fronting facades and open-space fronting +facades must have at least one window and at least one common primary entrance +facing the street or open space at street-level. The entrance must access the +street or open space with an improved path connecting to the sidewalk. A +transparent surface is required for every 25 linear feet of continuous street- +fronting and open-space-fronting facade. +      (2)   Individual entries. Except as provided in this paragraph, a minimum +of 60 percent of the street-level dwelling units adjacent to a street in each +building must have individual entries that access the street with an improved +path connecting to the sidewalk. For at-grade open space, a minimum of 60 +percent of the open-space fronting dwelling units in each building must have +individual entries that access the open space. EXCEPTION. This paragraph does +not apply to retirement housing. +   (e)   Sidewalk, lighting, and driveway standards. +      (1)   Sidewalks. +         (A)   A sidewalk with a minimum average width of six feet must be +provided along all street frontages. +            (i)   Except as provided in this subsection, all sidewalks must be +clear and unobstructed for a minimum of five feet in width. +            (ii)   Tree grates do not count toward the minimum unobstructed +sidewalk width. +            (iii)   If the building official determines that the location of a +local utility or protected tree, as defined in Article X, would prevent a five- +foot minimum width, the sidewalk may be reduced to four feet in width in that +location. +         (B)   Sidewalks must be located in an area parallel to and between two +feet and 15 feet of the back of the projected street curb. +         (C)   Except as provided in this paragraph, sidewalks must comply with +the Street Design Manual, be continuous and level across all driveways and curb +cuts, and be at the same grade as the existing sidewalk. A waiver of this +requirement is available subject to approval of the director. +      (2)   Lighting. +         (A)   Special lighting requirement. Exterior lighting sources, if +used, must be oriented down and onto the property they light and generally away +from adjacent residential properties. +         (B)   Pedestrian scale lighting. For a development greater than 20,000 +square feet of floor area, pedestrian scale lighting that provides a minimum +maintained average illumination level of 1.5 foot candles must be provided +along public sidewalks and adjacent to public streets. The design and placement +of both the standards and fixtures must be approved by the director of +transportation. Unless otherwise provided, the property owner is responsible +for the cost of installation, operation, and maintenance of the lighting. +   (f)   Open space requirements. +      (1)   At least 10 percent of the building site must be reserved as open +space for activity such as active or passive recreation, playground activity, +groundwater recharge, or landscaping. +         (A)   No structures except for architectural elements; playground +equipment; structures that are not fully enclosed such as colonnades, pergolas, +and gazebos; and ordinary projections of window sills, bay windows, belt +courses, cornices, eaves, and other architectural features are allowed; +otherwise, open space must be open to the sky. +         (B)   Open space may contain primarily grass, vegetation, or open +water; be primarily used as a ground-water recharge area; or contain pedestrian +amenities such as fountains, benches, paths, or shade structures. +         (C)   Open space may also be provided at or below grade or aboveground +by an outside roof deck, rooftop garden, playground area, pool area, patio, or +similar type of outside common area. +         (D)   Private balconies, sidewalks, parking spaces, parking lots, +drive aisles, and areas primarily intended for vehicular use are not considered +open space and do not count towards the open space requirement. +         (E)   Operation or parking of vehicles within on-site open space is +prohibited. Emergency and grounds maintenance vehicles are exempt. +         (F)   Open spaces must be properly maintained in a state of good +repair and neat appearance, and plant materials must be maintained in a +healthy, growing condition. +      (2)   Landscape areas that fulfill the requirements of Article X may also +fulfill these requirements if all conditions of this section and Article X are +met. +   (g)   Non-required fences. Unless a use specifically requires screening, all +fences for uses along a street or trail must have a surface area that is a +minimum of 50 percent open, allowing visibility between three feet and six feet +above grade. The exceptions for multifamily districts in Sections +51A-4.602 (a)(2) and +51A-4.602 (a)(4) which provide that a fence exceeding four feet above grade may +be erected in a front yard in multifamily districts are not applicable. (Ord. +Nos. 31152; 32210) +SEC. 51A-4.1108   BOARD OF ADJUSTMENT VARIANCES. +   A development that is eligible to receive the bonuses in this division may +either use the bonuses or go to the board of adjustment to seek a variance but +may not do both for the same yard, lot, and space regulations. (Ord. Nos. +31152; 32210) +ARTICLE V. +FLOODPLAIN AND ESCARPMENT ZONE REGULATIONS. +Division 51A-5.100. Floodplain Regulations. +SEC. 51A-5.101.   DEFINITIONS AND INTERPRETATIONS APPLICABLE TO THE FLOODPLAIN +REGULATIONS. +   (a)   Definitions. The following definitions are applicable to the +floodplain regulations in this article: +      (1)   AREA OF SPECIAL FLOOD HAZARD means the land in the floodplain +within a community that is subject to a one percent or greater chance of +flooding in any given year. +      (2)   BASEMENT means any area of a building, including any sunken room or +sunken portion of a room, having its floor below ground level (subgrade) on all +sides. +      (3)   BASE FLOOD means the flood event having a one percent chance of +being equaled or exceeded in any given year. +      (4)   BASE FLOOD ELEVATION means the water surface elevation from a flood +event having a one percent chance of being equaled or exceeded in any given +year, which is shown on the flood insurance rate map (FIRM) and in the +accompanying flood insurance study (FIS) for Zones A, AE, AH, A1 - A30, AR, V1- +V30, or VE, or on the regulatory floodplain maps. +      (5)   DESIGN FLOOD (City's Design Standard) means the 100-year frequency +(one percent chance of being equaled or exceeded in any given year) flood +discharge as calculated for fully developed watershed conditions. +      (6)   DEVELOPMENT means any manmade change in improved and unimproved +real estate, including but not limited to the construction of buildings or +other structures, mining, dredging, filling, grading, paving, excavation, +drilling operations, or storage of equipment or materials unless approved by +the city on a temporary basis in connection with authorized construction +activities. +      (7)   ENVIRONMENTALLY SIGNIFICANT AREA means an area in the floodplain: +         (A)   containing endangered species of either flora or fauna; +         (B)   which is a geologically similar area, as defined in Division +51A-5.200, "Escarpment Regulations," of this article; +         (C)   identified as wetlands or waters of the United States; or +         (D)   determined to be an archaeological or historic site. +      (8)   EQUAL CONVEYANCE REDUCTION means the ability of the property on the +opposite side of the stream to construct a project that alters conveyance by +the same amount as the proposed fill permit or floodplain alteration permit +project. +      (9)   EXISTING MANUFACTURED HOME PARK means a manufactured home park or +subdivision for which the construction of facilities for servicing the lots was +completed before March 16, 1983, the effective FIRM date. +      (10)   FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) means the federal +agency responsible for administering the National Flood Insurance Program +(NFIP). +      (11)   FILL PERMIT means the process of reclaiming a portion of land in +the floodplain to create a developable area including but not limited to a +habitable structure or parking area, raising any area of land out of a +floodplain area on fill, or creating an area that can be developed in the +future. The fill permit process removes the floodplain (FP) designation and is +applicable in areas with an upstream drainage area greater than 100 acres, even +if the land has not been formally designated as an FP area. +      (12)   FIVE HUNDRED YEAR FREQUENCY FLOOD (500-YEAR FLOOD) or 0.2 PERCENT +ANNUAL CHANCE EXCEEDANCE PROBABILITY FLOOD EVENT means the flood event having a +0.2 percent chance of being equaled or exceeded in any given year. The 500-year +flood in Dallas is based upon fully developed land uses within the watershed as +defined by the current zoning designation. +      (13)   FLOOD OR FLOODING means a general and temporary condition of +partial or complete inundation of normally dry land areas from the unusual and +rapid accumulation or runoff of surface waters from any source. +      (14)   FLOOD INSURANCE RATE MAP (FIRM) means an official map of a +community on which the Federal Emergency Management Agency (FEMA) has +delineated the areas of special flood hazards and the insurance risk premium +zones applicable to the community. +      (15)   FLOOD INSURANCE STUDY (FIS) means the official report provided by +FEMA containing flood profiles, water surface elevation of the base flood, and +the Flood Boundary-Floodway Map. +      (16)   FLOODPLAIN (FP) means any land area susceptible to inundation by +the design flood, even if the land has not been formally designated as an FP +area on the Regulatory Floodplain Maps. +      (17)   FLOODPLAIN ALTERATION means the construction of uninhabitable +structures, alterations to existing structures within a floodplain area +complying with Section +51A-5.104(b), mining, dredging, filling, grading, or excavation in the +floodplain that does not remove or alter an FP designation. (Examples include, +but are not limited to, the construction of a tennis court, a playground, a +gazebo, a swimming pool, a fence, a deck, an erosion control wall, or the +installation of significant landscaping.) +      (18)   FLOODPLAIN OR FP ADMINISTRATOR means the director of water +utilities, who is responsible for administering the federal flood insurance +program, or the director's designated representative. +      (19)   FLOODPROOFING means any combination of structural and non- +structural additions, changes, or adjustments to structures that reduce or +eliminate flood damage to real estate or improved real property, water and +sanitary facilities, or structures and their contents. If floodproofing is +utilized, the design must be certified by a licensed professional engineer. +      (20)   FLOODWAY (OR REGULATORY FLOODWAY) means the channel of a river or +other watercourse and the adjacent land areas that must be reserved in order to +discharge the design flood without cumulatively increasing the water surface +elevation more than a designated height. +      (21)   FLOODWAY EASEMENT means a drainage area dedicated to the city as +an easement to prevent obstructions of floodway capacity in a floodplain. +      (22)   FUNCTIONALLY DEPENDENT USE means a use that cannot perform its +intended purpose unless it is located or carried out in close proximity to +water. This term includes only docking facilities, port facilities that are +necessary for the loading and unloading of cargo or passengers, and +shipbuilding and ship repair facilities, but does not include long-term storage +or related manufacturing facilities. +      (23)   HABITABLE STRUCTURE means any structure with electric, heat, or +plumbing that can be used for living, sleeping, eating, or assembly purposes. +      (24)   HIGHER STANDARDS means community requirements that exceed the +minimum FEMA standards for participating in the National Flood Insurance +Program (NFIP). +      (25)   INTERIOR DRAINAGE AREAS means the geographical areas that act as a +watershed for the sumps. +      (26)   LETTER OF MAP CHANGE (LOMC) means a letter that reflects an +official change in an effective Flood Insurance Rate Map (FIRM). LOMCs are +issued in response to a request to FEMA to revise or amend its effective flood +map to remove a property or reflect changed flooding conditions on the +effective map and can include Letter of Map Revisions (LOMRs), Letter of Map +Amendments (LOMAs), and Letter of Map Revisions based on Fill (LOMR-F's) as +amended by FEMA. +      (27)   LEVEE means a manmade structure (usually an earthen embankment) +designed and constructed in accordance with sound engineering practices to +contain, control, or divert the flow of water for protection from temporary +flooding. +      (28)   LEVEE SYSTEM means a flood protection system consisting of a levee +or levees and associated structures accredited by FEMA pursuant to 44 CFR 65, +as amended, such as closure and drainage devices constructed and operated in +accordance with sound engineering practices. +      (29)   LICENSED PROFESSIONAL ENGINEER means a person who is duly licensed +and registered to engage in the practice of engineering in the State of Texas +in accordance with state law. +      (30)   LOWEST ADJACENT GRADE means the lowest point of the ground level +immediately next to a building. +      (31)   LOWEST FLOOR means the lowest floor of the lowest enclosed area of +a building (including its basement). An unfinished or flood resistant enclosure +that is useable solely for parking of vehicles, building access, or storage in +an area other than a basement area, is not considered a building's lowest +floor. +      (32)   MANUFACTURED HOME means a structure, transportable in one or more +sections, that is built on a permanent chassis and designed for use with or +without a permanent foundation when connected to the required utilities. In +this article only, the term "manufactured home" includes park trailers, travel +trailers, and similar vehicles placed on a site for more than 90 consecutive +days, but does not include recreational vehicles. +      (33)   MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or +contiguous parcels) of land divided into two or more manufactured home lots for +rent or sale. +      (34)   NATIONAL FLOOD INSURANCE PROGRAM (NFIP) means the federal program +administered by FEMA that enables property owners to purchase flood insurance +against damage to or loss of property resulting from a flood. +      (35)   ONE HUNDRED YEAR FREQUENCY FLOOD (100-year flood) or ONE-PERCENT +ANNUAL CHANCE EXCEEDANCE PROBABILITY FLOOD EVENT means the flood event having a +one percent chance of being equaled or exceeded in any given year. The 100-year +flood in Dallas is based upon fully developed land uses within the watershed as +defined by the current zoning designation. +      (36)   POOL-RIFFLE SEQUENCES mean the alternating deep and shallow flow +conditions caused by a moving, nonuniform channel grade. +      (37)   REGULATORY FLOODPLAIN MAPS means the most updated floodplain maps +available, as accepted by the City of Dallas, regardless of adoption by FEMA. +These include, but are not limited to, maps resulting from floodplain update +studies, Letter of Map Revisions (LOMRs), and floodplain studies resulting from +current and proposed construction projects. +      (38)   SEEP means a location where natural groundwater makes its way in a +non-continuous flow to the surface, creating a wet soil condition. +      (39)   SPECIAL EXCEPTION means a grant of relief to a property owner +permitting reconstruction in a manner otherwise prohibited by this division. +      (40)   STANDARD PROJECT FLOOD means the flood caused by the most severe +combination of meteorological and hydrological conditions reasonably +characteristic of the region. The standard project flood is defined by the U.S. +Army Corps of Engineers for use in major flood control projects. +      (41)   STRUCTURE means, for purposes of this division, a walled and +roofed building, including a gas or liquid storage tank, that is principally +above ground, as well as a manufactured home. +      (42)   SUBSTANTIAL DAMAGE means damage of any origin sustained by a +structure whereby the cost of restoring the structure to its before damaged +condition would equal or exceed 50 percent of the market value of the structure +before the damage occurred. +      (43)   SUBSTANTIAL IMPROVEMENT means any reconstruction, rehabilitation, +addition, or other improvement of a structure, the cost of which equals or +exceeds 50 percent of the market or tax appraisal value of the structure, +whichever is greater, as determined by an independent appraiser or the last +official City tax roll, either before the improvement or repair is started, or, +if the structure has been damaged and is being restored, before the damage +occurred. For the purpose of this definition "substantial improvement" occurs +when the first alteration of any wall, ceiling, floor, or other structural part +of the building commences, whether or not that alteration affects the external +dimensions of the structure. The term does not, however, include any project +for improvement of a structure for the sole purpose of complying with federal, +state, or local health, sanitary, or safety code specifications which have been +identified in writing by the local code enforcement official as necessary to +assure safe living conditions prior to the start of the proposed improvement, +or any alteration of a historic structure as defined by FEMA. See Section +51A-5.104(b)(2) for city of Dallas limitations. +      (44)   SUMPS mean drainage features of levee systems that temporarily +store storm water runoff before it is conveyed to a river system by pumping +over or draining through a levee. +      (45)   SWALES mean low lying areas in the floodplain that convey flood +waters when flow exceeds channel capacity. +      (46)   VALLEY STORAGE means the measure of a stream's ability to store +water as it moves downstream. +      (47)   VARIANCE means a grant of relief by a community from the terms of +a floodplain management regulation. +      (48)   WATER SURFACE ELEVATION means the height, in relation to the North +American Vertical Datum (NAVD), of floods of various magnitudes and frequencies +in the floodplain. +   (b)   Interpretations. The intent of this division is to equal or exceed the +minimum federal criteria for participation in the National Flood Insurance +Program, located in 44 Code of Federal Regulations, Chapter I, Part 60.3, as +amended; and FEMA 480, as amended. All higher standards and FEMA minimum +standards apply. The City of Dallas must also enforce any more restrictive +state requirements. The City of Dallas has exceeded the minimum standards by +adopting more comprehensive floodplain management regulations. In some +instances, community officials may have access to information or knowledge of +conditions that require, particularly for human safety, higher standards than +the minimum NFIP criteria. Any floodplain management regulations adopted by a +state or community that are more restrictive than the criteria set forth in the +NFIP regulations take precedence. All FEMA minimum standards in the Code of +Federal Regulations also apply. (Ord. Nos. 19455; 19786; 20360; 24085; 27318; +27572; 27697; 27893; 30994; 31314; 32039) +SEC. 51A-5.102.   DESIGNATION OR REMOVAL OF FP AREAS. +   (a)   In general. +      (1)   A floodplain designation is not a zoning classification, but refers +to a specific area subject to flooding. +      (2)   When an FP designation is noted by an "FP" prefix on the official +zoning district map, or on the FEMA effective maps, the area designated is +referred to in this article as an FP area. +      (3)   FP areas include those areas: +         (A)   identified as special flood hazards by FEMA in the: +            (i)   current scientific and engineering report entitled, "The +Flood Insurance Study (FIS) for Dallas County," dated March 21, 2019, with +accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps +(FIRM and/or FBFM) dated March 21, 2019, and any revisions thereto are hereby +adopted by reference and declared to be a part of this paragraph, +            (ii)   current scientific and engineering report entitled, "The +Flood Insurance Study (FIS) for Rockwall County," dated September 26, 2008, +with accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps +(FIRM and/or FBFM) dated September 26, 2008, and any revisions thereto are +hereby adopted by reference and declared to be a part of this paragraph, +            (iii)   current scientific and engineering report entitled, "The +Flood Insurance Study (FIS) for Collin County," dated June 7, 2017, with +accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps +(FIRM and/or FBFM) dated June 7, 2017, and any revisions thereto are hereby +adopted by reference and declared to be a part of this paragraph, +            (iv)   current scientific and engineering report entitled, "The +Flood Insurance Study (FIS) for Denton County," dated April 18, 2011, with +accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps +(FIRM and/or FBFM) dated April 18, 2011, and any revisions thereto are hereby +adopted by reference and declared to be a part of this paragraph, or +            (v)   current scientific and engineering report entitled, "The +Flood Insurance Study (FIS) for Kaufman County," dated July 3, 2012, with +accompanying Flood Insurance Rate Maps and/or Flood Boundary-Floodway Maps +(FIRM and/or FBFM) dated July 3, 2012, and any revisions thereto are hereby +adopted by reference and declared to be a part of this paragraph, and +         (B)   other areas that the director of Dallas Water Utilities has +identified as flood risk areas. +      (4)   The floodplain administrator shall regulate according to both the +FEMA effective maps and the regulatory floodplain maps, regardless of adoption +by FEMA. The floodplain administrator shall notify the director of development +services of all map updates. +   (b)   Initiation. The addition to or removal from the official zoning +district map of an FP prefix may be initiated in the following ways: +      (1)   An owner of property located within an FP area may apply for the +review of an FP designation based upon evidence of a mapping error provided by +the owner. +      (2)   The director of water utilities may, upon his or her own +initiative, review the status of an FP designation. +      (3)   An owner of property located within an FP area may apply for a fill +permit and removal of the FP prefix by following the procedure outlined in +Section +51A-5.105. +   (c)   Engineering studies. Hydraulic and hydrologic engineering studies or a +field survey must support any changes to an FP designation. The engineering +study must be signed and sealed by a licensed professional engineer. The +director may require geotechnical core borings as part of his or her +investigations under this subsection. +   (d)   Decision on designation. The director of water utilities shall make a +final decision on whether to add or remove an FP prefix on the official zoning +district map only after the director determines that engineering studies +support the change in the FP designation. +   (e)   Zoning map revision. The director of water utilities must notify the +director of development services in writing that an FP prefix is to be removed +from or added to the official zoning district map. The written notification +must contain a description of the property affected and the reasons why the FP +prefix is being changed. +   (f)   Letter of Map Change (LOMC). A letter of map change from FEMA is +required for removal of an FP prefix from the official zoning map if the area +is designated as a flood hazard area on the FIRM. (Ord. Nos. 19455; 19786; +21299; 22920; 24085; 25047; 25716; 27318; 27551; 27697; 27893; 28164; 28671; +29359; 30481; 30994; 31109; 32002; 32039) +SEC. 51A-5.103.   COMPLIANCE IN UNDESIGNATED FLOODPLAIN AREAS. +   (a)   A person shall comply with the requirements of this article for FP +areas before developing land within the design flood line of a creek or stream +having a contributing drainage area of 100 acres or more, even if the land has +not been formally designated as an FP area. +   (b)   Except as provided in Subsection (c), alterations of the natural +floodplain in areas with less than 100 acres must comply with the Dallas +Development Code and city drainage standards but are not subject to the +engineering requirements for filling in Section +51A-5.105(g). +   (c)   If the proposed alteration includes moving, eliminating, or enclosing +the natural stream channel, then the engineering requirements for filling in +Section +51A-5.105(g) must be met, regardless of the upstream drainage area size. (Ord. +Nos. 19455; 19786; 24085; 27697; 30994; 32039) +SEC. 51A-5.103.1.   VEGETATION ALTERATION IN FLOODPLAIN PROHIBITED. +   (a)   Except as provided in this section, the urban forest conservation +requirements in Division +51A-10.130 apply. Protected trees removed in the floodplain are not subject to +exceptions to Article X. +   (b)   A person commits an offense if he removes or injures any vegetation +within a floodplain. +   (c)   It is a defense to prosecution under Subsection (b) if the act is: +      (1)   authorized in advance in writing by the director of water +utilities; +      (2)   in conformance with a landscape plan approved by the director of +water utilities; +      (3)   routine maintenance of vegetation such as trimming or cutting +designed to maintain the healthy or attractive growth of the vegetation; or +      (4)   routine maintenance performed, required, or authorized by the city +in order to maintain the floodwater conveyance capacity of the floodplain. +(Ord. Nos. 19455; 19786; 24085; 27697; 30994; 32039) +SEC. 51A-5.104.   USES AND IMPROVEMENTS PERMITTED. +   (a)   Uses permitted. To allow for the appropriate development of land that +is subject to flooding without unduly endangering life and property, the +following uses are permitted in an FP area provided they are permitted in the +underlying zoning district and comply with the requirements of Section +51A-5.105(g) and all applicable elevation requirements of the Federal Emergency +Management Agency: +      (1)   Farm or ranch (excluding habitable structures). +      (2)   Utility services, electrical substation, detention basin, water +reservoir or pumping station, and water treatment plant. +      (3)   Sanitary landfill and refuse transfer station. +      (4)   Public park or playground and golf course (excluding habitable +structures). +      (5)   Commercial amusement (outside) approved by specific use permit. +      (6)   Helistop approved by specific use permit. +      (7)   Radio, television, or microwave tower, amateur communications +tower, and tower/antenna for cellular communication. +   (b)   Improvements permitted. +      (1)   Structures. An uninhabitable structure customarily associated with +a use listed in Subsection (a) may be constructed within an FP area only if the +director of water utilities determines that the proposed structure meets the +same engineering requirements applicable to filling in Section +51A-5.105(g) and issues a floodplain alteration permit. +      (2)   Improvements. The owner of a structure in an FP area shall not make +any improvements to the structure without first obtaining approval from the +director of water utilities. The director of water utilities may approve +proposed improvements if the cumulative value of all improvements for the +previous five years is less than 50 percent of the market or tax appraisal +value of existing improvements on the property, whichever is greater. No +substantial improvements are permitted. Improvement values are calculated per +guidelines outlined in FEMA P-758 as revised. All improvements must comply with +the requirements of Section +51A-5.105(g), including additions. Substantially damaged structures are +considered substantial improvements. +      (3)   Completion of vested structures. The building official shall not +withhold a final inspection or certificate of occupancy for a structure in an +FP area if building permits for the structure were issued by the building +official before FEMA's FIRM becomes effective designating such areas as A or +AE, and the structure otherwise complies with all applicable requirements. +      (4)   Board of adjustment. The board of adjustment may only grant a +special exception to allow the reconstruction of a structure in an FP area if +the structure is a historical structure as defined by FEMA, or the property is +zoned for a functionally dependent use. The board may grant a special exception +upon a showing of good and sufficient cause and a determination that the +reconstruction will not result in increased flood heights, additional threats +to public safety, extraordinary public expense, create nuisances, cause fraud +on or victimization of the public, or conflict with other local, state, or +federal laws. The reconstructed structure must be protected by methods that +minimize flood damage. The board may not grant a special exception to authorize +reconstruction within any designated floodway if any increase in flood levels +during the base flood discharge would result. Any special exception granted +must be the minimum necessary, considering the flood hazard, to afford relief. +The reconstruction of a structure in an FP area may not increase the lot +coverage of the structure. +         (A)   The director of water utilities shall notify in writing the +owner of a structure in an FP area that: +            (i)   the granting of a special exception to reconstruct the +structure below the base flood level will result in increased premium rates for +flood insurance that will be commensurate with the increased risk; and +            (ii)   the construction below the base flood level increases risks +to life and property. The notification letter must be maintained with the +record of the board's action. +         (B)   The FP administrator shall maintain a record of all actions +involving applications for special exceptions and shall report special +exceptions to FEMA upon request. +      (5)   Parking. +         (A)   Surface parking. All surface parking spaces must be constructed +at a minimum elevation of two feet above the design flood elevation. +         (B)   Underground parking garages. The entrance elevation and any +openings on underground parking garages constructed within or adjacent to a +flood prone area may not be lower than two feet above the design flood +elevation. +         (C)   Parking on piers. Parking lots elevated on piers such that the +low chord is two feet above the design flood elevation are permitted if all +engineering requirements for filling in Section +51A-5.105(g) are met, and do not violate any other part of the Dallas +Development Code. A habitable structure may not be placed on piers. +         (D)   Parking in interior drainage (sump) areas. All surface parking +spaces within an interior drainage area must be constructed at a minimum +elevation of one foot above the design flood elevation. +      (6)   Storage in the floodplain is prohibited. +         (A)   A person shall not place, store, or maintain a shipping +container, trailer, boat, inoperable vehicle, recreational vehicle, +construction materials, waste materials, hazardous materials, or construction +equipment in the floodplain. For purposes of this paragraph, the term "vehicle" +includes but is not limited to automobiles, buses, and recreational vehicles. +It is a defense to prosecution that the placement, storage, or maintenance of +shipping containers, trailers, boats, inoperable vehicles, recreational +vehicles, construction materials, waste materials, hazardous materials, or +construction equipment is otherwise permitted by or in connection with a valid +federal, state, county, or city permit, or is otherwise authorized by those +entities. +         (B)   The director of water utilities shall give written notice and +allow persons in violation of Subparagraph (A) a period of 90 days to come into +compliance. +      (7)   Manufactured homes. Manufactured homes may not be placed within a +floodplain area. Recreational vehicle camping and parking locations are not +permitted within a floodplain area. +      (8)   Fences. Fences must comply with all applicable construction codes +at the time of construction. +         (A)   Fences are not permitted within floodway easement areas without +engineering analysis addressing Section +51A-5.105(g), regardless of fence type. +         (B)   Except as provided in this paragraph, fences in a floodplain +area not designated as a floodway easement must be: +            (i)    constructed of wrought iron; +            (ii)    constructed with a one-foot gap along the bottom if located +in areas where flooding is less than three feet of depth; or +            (iii)    constructed using flood vents, as outlined in the NFIP +Technical Bulletin 1, as amended, if located in areas where flooding is greater +than one foot and less than four feet of depth. +         (C)   Fences in a floodplain area not designated as a floodway +easement that do not comply with Subparagraph (B) must be analyzed as an +obstruction for compliance with Section +51A-5.105(g). +   (c)   Construction standards. All improvements and construction permitted in +an FP area must comply with the following requirements: +      (1)   Structures must be: +         (A)   securely anchored to the foundation and otherwise designed to +prevent flotation and collapse during inundation; and +         (B)   designed to prevent damage to nonstructural elements during +inundation. +      (2)   Thermal insulation used below the first floor level must be of a +type that does not absorb water. +      (3)   Adhesives must have a bonding strength that is unaffected by +inundation. +      (4)   Doors and all wood trim must be sealed with a water-proof paint or +similar product. +      (5)   Electrical, heating, ventilation, plumbing, air-conditioning +equipment, and other mechanical service facilities must be designed and located +at least three feet above the design flood elevation to prevent water from +entering or accumulating in the components during flooding. +      (6)   Transportation systems such as elevators and escalators must be +protected from flooding, and enclosures must be safe from flooding and protect +life safety. See Code of Federal Regulations Title 44, Part 60.3 and the NFIP +Technical Bulletin 4 as amended for more information. +      (7)   Basements. +         (A)   Basements are permitted only in nonresidential construction and +only if they are designed to preclude inundation by the design flood level, +either by: +            (i)   locating any exterior opening at least three feet above the +level of the design flood elevation; or +            (ii)   using water-tight closures, such as bulkheads and flood +shields. +         (B)   All basements must be constructed so that any enclosure area, +including utilities and sanitary facilities below the flood-proofed design +level, is watertight with impermeable walls. +         (C)   Basement walls must be built with the capacity to resist +hydrostatic and hydrodynamic loads and the effects of buoyancy resulting from +flooding to the flood-proofed design level so that minimal damage will occur +from floods that exceed the flood-proofed design level. +         (D)   The area surrounding the structure must be filled to or above +the elevation of the design flood. The fill must be compacted, and slopes must +be protected by vegetative cover. +         (E)   Basements must be designed by a licensed professional engineer. +         (F)   Basement ceilings must consist of a sufficient wet strength and +be installed to survive inundation. +      (8)   Plywood used at or below the first floor level must be of an +"exterior" or "marine" grade and of a water-resistant or waterproof variety. +      (9)   Wood flooring used at or below the first floor level must be +installed to accommodate a lateral expansion of the flooring, perpendicular to +the flooring grain, without incurring structural damage to the building. +      (10)   Paints or other finishes used at or below the first floor level +must be capable of surviving inundation. +      (11)   All air ducts, large pipes, and storage tanks located at or below +the first floor level must be firmly anchored to prevent flotation. +      (12)   Tanks must be vented at a location above the 100-year flood level. +   (d)    500-year frequency flood. All new construction located in a 500-year +frequency flood zone must comply with the following: +      (1)   Building pad site must be filled to an elevation of at least two +feet above the 100-year flood elevation. +      (2)   The lowest floor of any structure must be constructed at least +three feet above the 100-year flood elevation. (Ord. Nos. 19455; 19786; 20360; +24085; 24543; 27697; 27893; 30994; 31314; 31707; 32039) +SEC. 51A-5.105.   FILLING IN THE FLOODPLAIN. +   (a)   Permit required. +      (1)   A person shall not deposit or store fill, place a structure, +excavate, or engage in any other development activities in an FP area without +first obtaining: +         (A)   a fill permit or a floodplain alteration permit from the +director of water utilities; and +         (B)   all other permits required by county, state, and federal +agencies. +      (2)   A fill permit allows the property to be developed at a specified +elevation in compliance with this section. +      (3)   The director of water utilities shall maintain a record of all fill +permits and floodplain alteration permits. +   (b)   Floodplain alteration permit process. +      (1)   The director of water utilities may issue a floodplain alteration +permit if he or she determines that: +         (A)   the alteration does not remove an FP designation; and +         (B)   the alteration complies with all applicable engineering +requirements in Subsection (g). +      (2)   The floodplain alteration permit may require hydrologic or +hydraulic modeling as determined by the director of water utilities. Examples +of situations that may require hydrologic or hydraulic modeling include, but +are not limited to: +         (A)   A pool, tennis court, patio, cook area, deck, or other outdoor +amenity above existing grade, but not above the base flood elevation. +         (B)   A fence that will block the flow of flood water during the 100- +year flood event. +         (C)   A retaining wall projecting into the channel as compared to the +existing grade. +         (D)   Elevated utilities that block the flow of flood water during the +100-year flood event. +         (E)   Additions to existing structures. +   (c)   Initiation of the fill permit process. An applicant for a fill permit +shall submit an application to the director of water utilities on a form +approved by the director and signed by all owners of the property. +   (d)   Preapplication conference. +      (1)   An applicant for a fill permit or a floodplain alteration permit +that will require hydrologic or hydraulic modeling shall request a +preapplication conference with representatives from the department of water +utilities. +      (2)   At the preapplication conference, the director of water utilities +shall determine what information is necessary for a complete evaluation of the +proposed fill project. The applicant may be required to submit all necessary +information, including, but not limited to the following: +         (A)   A vicinity map. +         (B)   The acreage figures for the entire tract, the area located in +the floodplain, and the area proposed to be filled. +         (C)   A description of existing and proposed hydrologic and hydraulic +analysis conducted. +         (D)   Plans that comply with the Landscape and Urban Forest +Conservation Regulations in Article X of the Dallas Development Code, as +amended. +         (E)   A table of values for analysis of the engineering criteria +listed in Subsections (h)(1), (h)(2), and (h)(5). +         (F)   A water surface profile. +         (G)   A plan view showing existing and proposed contours and grading. +         (H)   Plotted cross-sections. +         (I)   An overall map of the project area. +         (J)   Drainage area map. +   (e)   Filling to remove an FP designation. +      (1)   In general. This subsection applies to applications to remove an FP +designation from any regulatory floodplain. +      (2)   Review of application by departments. +         (A)   If the application is to remove an FP designation, the director +of water utilities shall forward copies of the application to the director of +development services, the chief planning officer, and the director of park and +recreation for review. +         (B)   The director of development services, the chief planning +officer, and the director of park and recreation shall review the application +and advise the director of water utilities of the environmental impacts of the +project, zoning concerns, or other concerns. If concerns are raised by one of +these departments, the concerns must be addressed by the property owner prior +to issuance of the fill permit. These departments shall also determine whether +the applicant's property should be considered for public acquisition due to its +ecological, scenic, historic, or recreational value. +      (3)   Neighborhood meeting. The water utilities department shall schedule +and conduct a virtual or in-person neighborhood meeting on each application. +The applicant or the applicant's representative must attend the neighborhood +meeting. The director shall send written notice of the meeting to the +applicant, to all owners of real property within 500 feet from the boundary of +the subject property, and to persons and organizations on the early +notification list on file with the department of development services. +Measurements include the streets and alleys. The notice must be given not less +than 10 days before the date set for the neighborhood meeting by depositing the +notice properly addressed and postage paid in the United States mail to the +property owners as evidenced by the last approved city tax roll. This notice +must be written in English and Spanish if the area of request is located wholly +or partly within a census tract in which 50 percent or more of the inhabitants +are persons of Spanish origin or descent according to the most recent federal +decennial census. +      (4)   Notice of public hearing and city council approval. If the city +council is required to approve a fill permit in accordance with this paragraph, +after the neighborhood meeting, the director of water utilities shall schedule +a public hearing on the application. The city secretary shall give notice of +the public hearing in the official newspaper of the city at least 15 days +before the date of the public hearing. The director shall also send written +notice of the public hearing to the applicant, to all owners of real property +within 500 feet from the boundary of the subject property, and to persons and +organizations on the early notification list on file with the department of +development services. Except as provided in this paragraph, the city council +may only deny an application if the application does not meet the requirements +of Sections 51A-5.105(f) or (g) or required state or federal permits have been +denied. +         (A)   Variance requested. If a variance to one of the engineering +criteria outlined in Subsection (g) is requested, the fill permit will require +city council approval. The city council may grant a variance to the +requirements of Subsection (g) if the variance will not violate any provision +of federal or state law or endanger life or property. +         (B)   Property acquisition. If the department of development services +or park and recreation recommend public acquisition of property due to its +ecological, scenic, historic, or recreational value, they must make a written +recommendation to city council, and the director of water utilities shall +provide a report to the city council on the application regarding environmental +impacts and public acquisition issues. Once the recommendation is made, the +city council may vote to approve a resolution authorizing the acquisition of +the property under the laws of eminent domain and deny the fill permit to +preserve the status quo until the property is acquired. +      (5)   Director approval. +         (A)   After the applicant has satisfied all requirements of +Subsections (f) and (g), and it is determined that city council approval is not +necessary under Paragraph (4), the director of water utilities shall approve or +deny the application for a fill permit. The director may only deny an +application if: +            (i)   the application does not meet the requirements of Sections +51A-5.105(f) or (g); or +            (ii)   required state or federal permits have been denied. +         (B)   The director of water utilities may postpone the approval of a +fill permit if: +            (i)   required state and federal permits have not been addressed or +obtained; or +            (ii)   concerns from the department of development services or the +park and recreation department have not been addressed. +      (6)   Zoning map revision. A letter of map revision must be obtained from +FEMA, if applicable, before an FP prefix may be removed from the official +zoning district map. A building permit may be issued for construction of +underground utilities; however, no building permit for construction of a +structure may be issued until a final letter of map revision (LOMR) is +obtained. Upon approval and receipt of a letter of map revision, the director +of water utilities shall notify the director of development services, who shall +remove the FP designation for the subject area from the official zoning +district map. +   (f)   Filling operations. If a fill permit or floodplain alteration permit +is approved, the filling operations must comply with the following +requirements: +      (1)   Any excavation required by the specifications of the approved +application must be conducted before or at the same time as placing fill. +Excavated areas are required to maintain a minimum depth of one foot at the +deepest point. +      (2)   For fill permits, the entirety of the building pad site must be +filled to an elevation of at least two feet above the design flood elevation. +Habitable structures elevated on piers in floodplain areas are prohibited. +      (3)   For fill permits, tthe lowest floor of any structure must be +constructed at least three feet above the design flood elevation. +      (4)   For fill permits within interior drainage (sump) areas, the +building pad site must be filled to a minimum elevation of one foot above the +design flood elevation. Habitable structures elevated on piers in floodplain +areas are prohibited. +      (5)   Fill material must consist of natural material including but not +limited to soil, rock, gravel, or broken concrete. Decomposable matter, +including but not limited to lumber, sheetrock, trees, tires, refuse, or +hazardous, toxic material, is prohibited as fill material. Fill must be +compacted to 95 percent standard proctor density. +      (6)   Before construction, erosion and sediment control devices such as +straw hay bales, silt fences, or similar items must be installed to eliminate +any transportation of sediment downstream. The property owner is responsible +for removal of any sediment deposited by runoff as a result of filling. +      (7)   If compliance with a Texas Pollutant Discharge Elimination System +(TPDES) permit is required for construction activities, a copy of the Notice of +Intent (NOI) or the individual TPDES permit must be submitted to the director +of water utilities and the director of the office of environmental quality and +sustainability before beginning fill operations. The Stormwater Pollution +Prevention Plan required by TPDES must be implemented no later than two days +prior to commencement of construction activities. +      (8)   Fill shall be placed no more than five feet above the design flood +elevation, except where necessary to match the existing elevation of the +adjacent property as determined by the director of water utilities. In +determining when it is necessary to match the existing elevation, the director +shall consider the effects on local drainage and storm water management, the +access needs of the property, and other public health and safety concerns. +      (9)   A copy of the approved fill permit must be posted and maintained at +the fill site for inspection purposes until fill operations have been +completed. +      (10)   After filling operations have been completed, the applicant shall +submit a certification to the director of water utilities that proper fill +elevations in the form of signed and sealed as-built topographic survey, +compaction requirements, and all other specifications of the approved +application have been followed. In addition, a letter of map revision (LOMR) +submittal to FEMA and approval by FEMA is required. +      (11)   Encroachment into the floodway is prohibited unless FEMA issues a +conditional letter of map revision (CLOMR). +   (g)   Engineering requirements for filling. +      (1)   Except for detention basins and ponds, alterations of the FP area +may not increase the water surface elevation of the design flood of the creek +upstream, downstream, or through the project area. Detention basins and ponds +may increase the water surface elevation of the design flood provided the +increase is within the detention basin's or pond's boundaries as approved by +the director of water utilities. +      (2)   Alterations of the FP area may not create or increase an erosive +water velocity on or off-site. The mean velocity of stream flow at the +downstream end of the site after fill may not exceed the mean velocity of the +stream flow under existing conditions. +      (3)   The effects of the existing and proposed public and private +improvements will be used in determining water surface elevations and +velocities. Any alteration of the FP area necessary to obtain a removal of an +FP prefix may not cause any additional expense in any current or projected +public improvements. +      (4)   The FP area may be altered only to the extent permitted by equal +conveyance reduction on both sides of the natural channel. +      (5)   FP areas governed by a city council-adopted management plan that +contains valley storage regulations must comply with the valley storage +regulations contained in the plan. For all other FP areas, a valley storage +maintenance agreement on a form provided by the city and approved as to form by +the city attorney's office is required, and the following requirements apply: +         (A)   no loss of valley storage is permitted along a stream in which +the upstream drainage area is three square miles or more; +         (B)   valley storage losses along streams in which the upstream +drainage area is between 100 acres and three square miles may not exceed 15 +percent, as calculated on a site by site basis; and +         (C)   valley storage losses along streams in which the upstream +drainage area is less than 100 acres are not limited. +      (6)   An environmental impact study and a complete stream rehabilitation +program must be approved before relocation or alteration of the natural channel +or alteration of an environmentally significant area, or area deemed to house +threatened or endangered species. The net environmental impacts of the proposal +may not be negative. The environmental impact study must contain the following +items: +         (A)   A description of the existing conditions of the site, adjacent +properties, upstream and downstream creek sections for approximately 1,000 feet +(unless conditions require additional information in the opinion of the +director of water utilities), and creek and overbank areas. The description of +these conditions must include: +            (i)   the characterization of creek features such as bed quality +and material, pool-riffle sequences, natural ground water, springs, seeps, +magnitude and continuity of flow, water quality, bank quality and material, +vegetative cover and patterns, bank erosion, topographic relief, disturbances +to the natural character of the creek, animal and aquatic life, and the extent +and character of wetland areas; and +            (ii)   soil types and land uses of the site and surrounding area. +         (B)   A description of the proposed project. This description must +include: +            (i)   the intended ultimate use of the site, or if that is not +known, a description of the interim site plan, including construction access; +            (ii)   reasons why the creek or floodplain alteration is necessary; +and +            (iii)   a site plan showing the floodplain and construction access +necessary to perform the work. +         (C)   A description of at least three possible ways of handling the +creek and floodplain, including: +            (i)   an alternative that assumes the creek and floodplain are not +changed; +            (ii)   the applicant's proposed action; and +            (iii)    alternatives proposed by the director of water utilities. +         (D)   An identification of the impacts created by each alternative, +describing in detail all of the positive and negative impacts upon the existing +conditions described in Subparagraph (A), that would be created by each +alternative. +         (E)   A recommended course of action based upon evaluation of the +alternatives. +         (F)   Proposed strategies to mitigate adverse impacts. Examples of +strategies include tree wells, temporary construction and permanent erosion and +sedimentation controls, vegetative buffers, and replacement planting. +      (7)   The toe of any fill slope must parallel the natural channel to +prevent an unbalanced stream flow in the altered FP area. +      (8)   To insure maximum accessibility to the FP area for maintenance and +other purposes and to lessen the probability of slope erosion during periods of +high water, maximum slopes of the filled area may not exceed four to one for 50 +percent of the length of the fill and six to one for the remaining length of +the fill. The slope of any excavated area may not exceed four to one unless the +excavation is in rock. Vertical walls, terracing, and other slope treatments +may be used provided no unbalancing of stream flow results and the slope +treatment is approved as a part of a landscaping plan for the property. +      (9)   The elevation of excavated areas in the FP area may not be lower +than one-third of the depth of the natural channel, as measured from the +adjacent bank, except for excavation of lakes. Excavation must be at least 50 +feet from the bank of the natural channel, except as necessary to provide +proper drainage. +      (10)   A landscape and erosion control plan must be submitted and +approved. Landscaping must incorporate natural materials (such as earth and +stone) on cut and filled slopes when possible. The definitions of Section +51A-10.101 apply to this subsection. Except as otherwise provided, the +installation, removal, and maintenance requirements contained in the urban +forest conservation regulations, Division +51A-10.130 of the Dallas Development Code, apply. Each soil resource and +erosion control plan must comply with the following criteria: +         (A)   The size, type, and location of all proposed replacement trees +to mitigate the loss of existing trees must be shown. The tree types must be +selected in accordance with the provisions of Section +51A-10.134 and must be approved by the city arborist as suitable for use under +local climate and soil conditions. +         (B)   The specific plant materials proposed to protect fill and +excavated slopes must be indicated. Plant materials must be suitable for use +under local climate and soil conditions. In general, hydroseeding or sodding +native grasses is acceptable during the summer months (May 1st to August 30th). +Winter rye or fescue grass may be planted during times other than the summer +months as a temporary measure until such time as the permanent planting can be +accomplished. +         (C)   The proposed methods of erosion and sedimentation control, such +as hay bales and sedimentation basins, to be used during construction must be +shown in detail. +         (D)   The fill case applicant, current owners, and subsequent owners +must maintain and assure the survival of all planted material until the +property is developed and a permanent maintenance plan of record is +established. Maintenance responsibility must be reflected in the submitted +plans or supporting documents. +   (h)   Term of permit validity and extension procedures. +         (A)   A fill permit or floodway alteration permit is valid for a five- +year time period from the date of issuance. The fill permit or floodway +alteration permit automatically terminates if the filling operations have not +been completed within the five-year time period. +         (B)   New permit required upon expiration. When a fill permit +terminates, the applicant must apply for a new permit before filling the +property. The new application must comply with the floodplain regulations that +are in effect at the time that the request is considered by the director. +         (C)   New permit required with site plan change. If the applicant +wishes to make changes to a site plan that will change the hydraulic model or +acreage of fill placed on the fill permit application after a fill permit has +been approved, a new permit must be obtained. +         (D)   Presumption of completion. Filling operations are deemed +completed when the applicant: +            (i)   submits a certification in the form of a signed and sealed +topographic survey to the director of water utilities that proper fill +elevations have been achieved and the specifications of the approved +application have been followed; +            (ii)   submits compaction test results indicating the site was +compacted to 95 percent standard proctor density; and +            (iii)   obtains a letter of map revision (LOMR) from FEMA, if +applicable. (Ord. Nos. 19455; 19786; 21299; 22920; 24085; 25047; 27697; 27893; +28424; 29478; 30994; 31314; 32002; 32039) +SEC. 51A-5.106.   SETBACK FROM NATURAL CHANNEL REQUIRED. +   (a)   For purposes of this section: +      (1)   NATURAL CHANNEL SETBACK LINE means that setback line described +below located the farther beyond the crest: +         (A)   That line formed by the intersection of the surface of the land +and the vertical plane located a horizontal distance of 20 feet beyond the +crest. +         (B)   That line formed by the intersection of the surface of the land +beyond the crest and a plane passing through the toe and extending upward and +outward from the channel at the designated slope. For purposes of this +paragraph, the designated slope is: +            (i)   four to one if the channel contains clay or shale soil; and +            (ii)   three to one in all other cases. +      (2)   CREST means that line at the top of the bank where the slope +becomes less than four to one. +      (3)   TOE means that line at the bottom of the bank where the slope +becomes less than four to one. +   (b)   Except as otherwise provided in Subsection (c), all development must +be located behind the natural channel setback line. +   (c)   A structurally engineered retention system approved by the director +may be substituted for the setback required in Subsection (b). (Ord. Nos. +19786; 24085; 25047; 28073; 32039) +SEC. 51A-5.107.   TRINITY RIVER CORRIDOR DEVELOPMENT CERTIFICATE PROCESS. +   (a)   Definitions. In this section: +      (1)   CORRIDOR DEVELOPMENT CERTIFICATE (CDC) MANUAL means the manual by +that title dated January 31, 1992, or its latest revision. +      (2)   FLOODPLAIN ALTERATION means any construction of buildings or other +structures, mining, dredging, filling, grading, or excavation in the +floodplain. +      (3)   TRINITY RIVER CORRIDOR means the portion of the floodplain of the +West Fork, Elm Fork, and mainstem segments of the Trinity River floodplain +within the Dallas city limits, as delineated on the latest CDC Regulatory Map. +   (b)   Certificate required. A person commits an offense if he makes any +floodplain alteration within the Trinity River Corridor without first obtaining +a corridor development certificate (CDC) from the director of water utilities. +It is a defense to prosecution that an exemption or variance has been obtained +in accordance with CDC criteria. +   (c)   Application. An application for a corridor development certificate +must be filed with the director of water utilities on a form furnished by the +department of water utilities. +   (d)   Review. The director of water utilities shall deny an application for +a certificate unless it complies with the standards contained in the CDC Manual +or unless an exemption from or a variance to those standards is obtained in +accordance with Subsection (e). +   (e)   Exemptions and variances. +      (1)   Exemptions. +         (A)   An exemption from the requirements of this section may be +obtained if the floodplain alteration involves the following activities: +            (i)   Ordinary maintenance of and repair to flood control +structures. +            (ii)   The construction of outfall structures and associated intake +structures if the outfall has been permitted under state or federal law. +            (iii)   Discharge of material for backfill or bedding for utility +lines, provided there is no significant change in pre-existing bottom contours +and excess materials are removed to an upland disposal area. +            (iv)   Bank stabilization. +            (v)   Any project listed in the U.S. Army Corps of Engineers March +1990 Reconnaissance Report, which is attached as Appendix A to the CDC Manual, +or any project approved under the provisions of this division, provided the +approval, permit, or authorization has not expired and no significant changes +have occurred since the approval, permit, or authorization was issued. +         (B)   Application for an exemption must be made to the director of +water utilities on a form provided by the department of water utilities. +         (C)   If the director of water utilities determines that an +application for an exemption falls within one of the categories listed in +Paragraph (1), the director shall issue a written exemption from the +requirements of this section. +      (2)   Variances. If the director of water utilities determines that the +application for a corridor development certificate does not comply with all of +the standards contained in the CDC Manual, the applicant may apply for a +variance to any standard contained in the manual. An application for a variance +must be made to the director of water utilities, who shall schedule the +application for consideration by the city council. (Ord. Nos. 21636; 24085; +27697; 30994; 32039) +Division 51A-5.200. Escarpment Regulations. +SEC. 51A-5.201.   DEFINITIONS. +   In this division, unless the context clearly indicates otherwise: +   (1)   BEST MANAGEMENT PRACTICES means schedules of activities, prohibitions +of practices, maintenance procedures, and other management practices to prevent +or reduce the pollution of waters of the United States. Best management +practices also include treatment requirements, operating procedures, and +practices to control plant site runoff, spillage or leaks, sludge or waste +disposal, or drainage from raw material storage. +   (2)   CHALK ZONE means the lower chalk member of the Austin chalk formation +overlying the Eagle Ford shale formation. The chalk zone consists primarily of +a chalk limestone with minor seams of shale and bentonite clays. +   (3)   CREST means that line above the escarpment line where the slope +becomes less than 4:1. +   (4)   ESCARPMENT AREA REVIEW COMMITTEE means the committee described in +Section +51A-5.209 of this chapter. +   (5)   ESCARPMENT FACE means that portion of the escarpment zone between the +crest and the toe. +   (6)   ESCARPMENT LINE means that line formed by the intersection of the +plane of the stratigraphic contact between the Austin chalk and the Eagle Ford +shale formations and the surface of the land. +   (7)   ESCARPMENT ZONE means that corridor of real property south of +Interstate Highway 30 between the following described vertical planes: +      (A)   On the crest side of the escarpment line and measuring horizontally +from that line, the vertical plane that is 125 feet from that line, or 35 feet +beyond the crest, whichever is farther from that line. +      (B)   On the toe side of the escarpment line and measuring horizontally +from that line, the vertical plane that is 85 feet from that line, or 10 feet +beyond the toe, whichever is farther from that line. +   (8)   FACTOR OF SAFETY means a combination of factors which, when considered +together, indicates whether the slope is stable at a slip surface location. The +factor of safety (Fs) is determined using the equation: +      Fs =   Shearing strength available along sliding surface +         Shearing stresses tending to produce failure along surface +   (9)   GEOLOGICALLY SIMILAR AREAS means: +      (A)   areas adjacent to and similar to the escarpment zone by virtue of +their slopes, soils, and geology; and +      (B)   the drainage basins containing the escarpment zone, excluding those +portions of the basins which are: +         (i)   downstream from the areas described in Subparagraph (A) above; +or +         (ii)   north of Interstate Highway 30. +   (10)   GRADING means excavation or filling or any combination thereof. +   (11)   REGISTERED PROFESSIONAL ENGINEER means a person who is duly licensed +and registered to engage in the practice of engineering in the State of Texas +in accordance with state law. +   (12)   SHALE ZONE means the Arcadia Park/Kamp Ranch members of the Eagle +Ford shale formation which lie below the Austin chalk formation. The shale zone +consists primarily of clays and shale with minor layers of limestone or sand. +   (13)   SLOPE means the slope of the terrain. For example, a 5:1 slope means +a slope with an angle described by five feet horizontal to one foot vertical. +   (14)   STORM WATER POLLUTION PREVENTION PLAN means a plan required by either +a construction general permit or an industrial general permit, which plan +describes and ensures the implementation of practices to reduce pollutants in +storm water discharges associated with construction or industrial activity at a +site or facility. +   (15)   TOE means that line below the escarpment line where the slope becomes +flatter than 5:1. (Ord. Nos. 19455; 25047; 26000) +SEC. 51A-5.202.   DEVELOPMENT IN ESCARPMENT ZONE PROHIBITED. +   (a)   A person commits an offense if, within the escarpment zone, he: +      (1)   removes or injures any tree or vegetation; or +      (2)   alters the physical condition of the land in any way. Examples of +alterations to the physical condition of the land include, but are not limited +to dumping, excavation, storage, and filling. +   (b)   It is a defense to prosecution under Subsection (a) that the act was: +      (1)   the construction of a public improvement authorized by the city and +performed in accordance with the requirements of this division; or +      (2)   the modification of a single family or duplex structure existing on +the date of passage of this ordinance, and the modification did not: +         (A)   change the use of the structure; +         (B)   cause the size of the structure to exceed by 50 percent or more +the size of the structure as it existed on the date of passage of this +ordinance; or +         (C)   cause the market value of the structure to exceed by 50 percent +or more the market value of the structure as it existed on the date of passage +of this ordinance. +   (c)   The construction of public improvements in the escarpment zone +requires an escarpment permit. The performance standards for development in a +geologically similar area apply to the construction of public improvements in +the escarpment zone. (Ord. Nos. 19455; 26000) +SEC. 51A-5.203.   PERMIT REQUIRED FOR DEVELOPMENT IN GEOLOGICALLY SIMILAR +AREAS. +   (a)   A person commits an offense if, in a geologically similar area and +without first obtaining an escarpment permit from the city expressly +authorizing the act, he: +      (1)   removes or injures any trees or vegetation; or +      (2)   alters the physical condition of the land in any way. Examples of +alterations to the physical condition of the land include, but are not limited +to dumping, excavation, storage, and filling. +   (b)   It is a defense to prosecution under Subsection (a) that the act was +the modification of a single family or duplex structure existing on the date of +passage of this ordinance, and the modification did not: +      (1)   change the use of the structure; +      (2)   cause the size of the structure to exceed by 50 percent or more the +size of the structure as it existed on the date of passage of this ordinance; +or +      (3)   cause the market value of the structure to exceed by 50 percent or +more the market value of the structure as it existed on the date of passage of +this ordinance. (Ord. Nos. 19455; 26000) +SEC. 51A-5.204.   ESCARPMENT PERMIT APPLICATION AND REVIEW. +   (a)   An applicant for an escarpment permit shall request a preapplication +conference with the escarpment area review committee. The purpose of the +conference is to determine what information must be submitted with the permit +application to allow a complete evaluation of the proposed project. After the +conference, the committee shall advise the director of its findings and +recommendations. +   (b)   After the preapplication conference, the applicant shall submit an +application for an escarpment permit to the director. The application must be +on a form approved by the director and be signed by the owner of the property. +Except as otherwise provided in this division, the following items must be +provided as part of the application: +      (1)   The name and address of: +         (A)   the owner(s) of the property; and +         (B)   the person(s) who prepared the plans and drawings submitted. +      (2)   A general vicinity map of the proposed development site. +      (3)   A one inch = 100 feet scale site plan showing details of the +terrain and area drainage. This site plan must be a contour map with two-foot +contour intervals. +      (4)   A one inch = 50 feet scale cross section and plan review of any +proposed structures. +      (5)   Results of the slope stability analysis required under Section +51A-5.205. +      (6)   The soil erosion control plan required under Section +51A-5.206. +      (7)   The grading plan required under Section +51A-5.207. +      (8)   The vegetation plan required under Section +51A-5.208. +      (9)   Financial assurance in the form of a letter of credit, a +performance bond, or other instrument payable to the city of Dallas for all +improvements related to the required soil erosion control, grading, and +vegetation plans to insure that funds are available to the city to implement +those plans if the developer fails to implement them. +      (10)   A performance and maintenance bond for each private development +contract for the construction of public infrastructure improvements. +      (11)   One inch = 100 feet scale transparent overlay drawings of the +required soil erosion control, grading, and vegetation plans such that a +composite map can be created by combining the overlay drawings and the site +plan required under Subsection (b)(3). +      (12)   Cost estimates and timetables for implementation and completion of +work specified in the required soil erosion control, grading, and vegetation +plans. +      (13)   Any other information that the director determines to be necessary +to allow for a complete evaluation of the proposed project. +   (c)   If the director determines that one or more of the items listed in +Subsection (b) is not necessary to allow for a complete review of the proposed +project, he shall waive the requirement that the item or items be provided. +   (d)   All plans, drawings, and specifications submitted as part of an +application for an escarpment permit must comply with the requirements of this +chapter and all applicable ordinances, rules, and regulations of the city of +Dallas. +   (e)   Upon submission by the applicant of a complete application for an +escarpment permit, the director shall forward copies of all materials submitted +to the escarpment area review committee for consideration. Upon review of all +materials submitted, the committee shall furnish the director a written report +containing its recommendations and comments concerning the proposed project. +The director shall consider the committee’s report before making a decision to +grant or deny the escarpment permit. +   (f)   If the application and other materials submitted show that the +proposed project complies with the requirements of this chapter and all +applicable ordinances, rules, and regulations of the city of Dallas, the +director shall issue an escarpment permit and forward the application to the +building official for further action. Otherwise, the director shall deny the +escarpment permit. +   (g)   The building official shall not issue a building permit for any +project for which an escarpment permit is required unless the director has +first issued an escarpment permit authorizing the work. +   (h)   The director may not authorize any disturbance of the land for +development purposes until both the required soil erosion control and grading +plans have been submitted and approved. After the approval of both of these +plans, the director may issue a limited permit to authorize clearing and +grubbing. +   (i)   A decision made by the director to grant or deny an escarpment permit +may be appealed to the board of adjustment in the same manner that appeals are +made from decisions of the building official. +   (j)   An inspector from the department shall monitor all development for +which an escarpment permit is required to ensure compliance with the approved +plans, the requirements of this chapter, and all applicable ordinances, rules, +and regulations of the city of Dallas. (Ord. Nos. 19455; 25047; 26000; 28073) +SEC. 51A-5.205.   SLOPE STABILITY ANALYSIS. +   (a)   For all proposed development within a geologically similar area, field +and laboratory tests must be performed on samples taken from representative +locations within the development site to ascertain the existing geotechnical +conditions. +   (b)   A slope stability analysis must be performed for each new structure to +be erected within a geologically similar area. No structure may be erected +where the slope stability factor of safety is less than 1.5. +   (c)   Except for items that are expressly waived by the director, the slope +stability analysis data submitted must include the following: +      (1)   A description of the boring location(s). +      (2)   Drillers logs of borings delineating the stratigraphy of the soil +and bedrock. +      (3)   The locations and methods used to determine groundwater conditions +and elevations. +      (4)   A table of field and laboratory engineering tests including, but +not limited to shear strength tests, atterberg limits, and shrink/swell tests. +      (5)   Calculations for the slope stability analysis, including the +criteria and parameters used, indicating the slope and location of slip +surfaces and corresponding factors of safety. +   (d)   All analyses, designs, tests, and calculations for new development +within a geologically similar area must be certified by a registered +professional engineer. A registered professional engineer must also certify +that structural foundations for all new development are designed to meet the +requirements of the building code and all other applicable codes. (Ord. Nos. +19455; 26000) +SEC. 51A-5.206.   SOIL EROSION CONTROL PLAN. +   (a)   A soil erosion control plan must be submitted for all proposed +development within a geologically similar area. Except for items that are +expressly waived by the director, the plan must: +      (1)   show the type of soil cover as mapped by the Soil Conservation +Service and confirmed by representative field tests and samples; +      (2)   indicate the susceptibility to erosion of the mapped soils as +confirmed by representative field tests and samples; +      (3)   show the location of existing and proposed development; +      (4)   include a timing schedule indicating starting and completion dates +of the development activities sequence and the time of exposure of each area +prior to completion of control measures; +      (5)   contain a complete description of all measures to be taken to +prevent or control erosion and sedimentation of soils during and after +construction; +      (6)   comply with best management practices standards for storm water +pollution prevention plans; and +      (7)   be certified by a registered professional engineer. +   (b)   Development within a geologically similar area must conform to the +following performance standards: +      (1)   Development must be fitted to the topography and soils to minimize +cut and fill sections. +      (2)   Grading is not permitted within the one-percent annual chance flood +plain boundaries of watercourses unless it is: +         (A)    in conjunction with the construction of approved drainage +facilities; or +         (B)   authorized by a city council approved fill permit. All grading +must comply with Section +51A-5.207 of this division. +      (3)   Indigenous vegetation must be retained and protected except in +immediate areas of development so that a minimal amount of vegetation is +removed or replaced. If vegetation is removed, it must be replaced with new +vegetation of the same variety unless the building official approves an +alternative variety as being less susceptible to disease or better suited for +urban development. +      (4)   Development must be accomplished in a manner which assures that as +small an area as possible is exposed to erosion at any one time. When land is +exposed during development, the exposure must be kept to the shortest practical +period of time not to exceed six months. In extraordinary cases, an extension +of the six month time period may be granted in writing by the director. In such +cases the director shall seek and consider the recommendation of the escarpment +area review committee before making his decision. +      (5)   Areas where construction activities have ceased for more than 21 +days must be stabilized by the developer to minimize erosion through the use of +temporary or permanent vegetation, mulching, sod, geotextiles, or similar +measures. In cases where permanent measures are not installed, the developer +must maintain the temporary measures until the site is either fully developed +or permanent vegetation with a density of at least 70 percent of the native +background vegetative cover for the area has been installed. +      (6)   Sediment basins or other installations approved by the director +must be installed and maintained to remove sediment from runoff waters +accumulating on land undergoing development. These installations should be +returned to natural conditions upon the substantial completion of improvements +or when the director determines that the installations are no longer needed. In +any event, the owner shall cause these installations to be returned to natural +conditions within 90 days after written notice to do so is given by the +director. +      (7)   Runoff caused by changed soil and surface conditions during and +after development, both above and below the escarpment zone, must be controlled +on each development site within approved drainage facilities so that the runoff +velocity leaving the site is maintained at or below predevelopment rates. Site- +specific erosion control is required below the escarpment zone where the +erosion control plan shows detrimental erosion caused by runoff velocities. +      (8)   When additional storm water runoff is being discharged onto the +face of the escarpment, the property owner’s engineer shall provide an analysis +of whether the additional storm water runoff has a negative effect on the +escarpment. If the additional storm water runoff has a negative effect, then +detention is required. +      (9)   Stormwater drainage may not be discharged over the escarpment face +at eroding velocities as those velocities are defined in the soil evaluation +reports. In no event may the discharge exceed a velocity greater than three +feet per second. Stormwater drainage discharge must comply with Section +51A-5.207 of this division. +      (10)   Temporary vegetation and mulching must be used to protect areas +exposed during development. Permanent vegetation must be established on +disturbed areas following development in accordance with the vegetation plan +required under Section +51A-5.208 of this division. +      (11)   Channel velocities may not exceed five feet per second, except +that velocities higher than five feet per second may be maintained at up to +predevelopment rates in the escarpment and chalk zones if the developer +establishes to the satisfaction of the director that these velocities do not +produce detrimental erosion. If damaging erosion is occurring, site-specific +erosion control measures are required. Energy dissipators, if required, must be +approved by the director to maintain channel velocities at acceptable levels. +(Ord. Nos. 19455; 26000; 30893; 31314) +SEC. 51A-5.207.   GRADING PLAN. +   (a)   A grading plan must be submitted for all proposed development within a +geologically similar area. Except for items that are expressly waived by the +director, the following items must be included as part of the plan: +      (1)   A soil engineering report. This report must include data regarding +the nature, distribution and strength of existing soils, conclusions and +recommendations for grading procedures, design criteria for corrective measures +when necessary, and opinions and recommendations covering adequacy of the site +to be developed. The report must be signed by a registered professional +engineer. +      (2)   An engineering geology report. This report must include an adequate +description of the geology of the site, conclusions and recommendations +regarding the effect of geologic conditions on the proposed development, and +opinions and recommendations covering the adequacy of the site to be developed. +The report must be signed by a registered professional engineer. +      (3)   Limiting dimensions, elevations or finish contours to be achieved +by grading, and proposed drainage channels and related construction. +      (4)   Detailed plans for all surface and subsurface drainage devices, +walls, cribbing, dams, and other protective devices to be constructed with or +as a part of the proposed work, together with a map showing the drainage area +and the estimated runoff of the area. +   (b)   Development within a geologically similar area must conform to the +following performance standards: +      (1)   Grading must be planned so as to have the least disturbance on the +area’s natural topography, watercourses, vegetation, and wildlife. This may +preclude all development in certain areas. No cleared, graded, or otherwise +disturbed land may be left without temporary protective stabilizing cover. (See +Section +51A-5.206.) +      (2)   The maximum slopes permitted in geologically similar areas shall be +determined by the director based on the results of the geotechnical +investigations of the site materials and other factors analyzed in this +division. +      (3)   Topsoil must be stockpiled and redistributed on areas where +vegetation will be grown after the grading is completed. Methods to insure +maintenance of these areas until vegetation is established must be detailed. +(Ord. Nos. 19455; 26000) +SEC. 51A-5.208.   VEGETATION PLAN. +   (a)   A vegetation plan must be submitted for all proposed development in a +geologically similar area. Except for items that are expressly waived by the +director, the plan must: +      (1)   show the location and type of landscape features and plant +materials in the areas of proposed development; and +      (2)   specify all proposed vegetation removal and replacement. +   (b)   Development in a geologically similar area must conform to the +following performance standards: +      (1)   Indigenous vegetation must be retained and protected except in +immediate areas of development so that a minimal amount of vegetation is +removed or replaced. If vegetation is removed, it must be replaced with new +vegetation of the same variety unless the building official approves an +alternative variety as being less susceptible to disease or better suited for +urban development. +      (2)   Shrub borders must be maintained around woodlands where +practicable. +      (3)   Landscaping must consist of ecologically suitable plant species. +(Ord. Nos. 19455; 26000; 30893) +SEC. 51A-5.209.   ESCARPMENT AREA REVIEW COMMITTEE. +   (a)   In order to assist the director and the board of adjustment in the +administration and interpretation of these escarpment regulations, and to +establish an efficient forum for city input and review of proposed developments +in geologically similar areas, an escarpment area review committee ("the +committee") shall be established. The committee shall be advisory in nature and +be comprised of at least one representative from the departments of development +services, parks and recreation, planning and urban design, and public works. +Members of the committee shall be appointed by the heads of the departments +they represent. At least two representatives must be present to constitute a +quorum. +   (b)   The committee shall have the following powers and duties: +      (1)   To thoroughly familiarize itself with the structures, land, areas, +geology, hydrology, and indigenous plant life in the escarpment zone and in +geologically similar areas. +      (2)   To thoroughly familiarize itself with the escarpment regulations. +      (3)   To identify criteria to be used in evaluating proposed development +in the escarpment zone and in geologically similar areas. +      (4)   To identify guidelines to be used in determining whether a proposed +development complies with the spirit and intent of the escarpment regulations. +      (5)   To meet with each prospective developer of a project for which an +escarpment permit is required and make recommendations to the director as to +what information may be waived or what additional information is required to +allow a complete evaluation of the proposed project. +      (6)   To review applications for escarpment permits for compliance with +the escarpment regulations, and to make recommendations to the director as to +whether the applications should be approved or denied. +      (7)   To give advice and provide staff assistance to the board of +adjustment and the city plan commission in the exercise of their +responsibilities. +      (8)   To initiate amendments to the escarpment regulations when, in the +opinion of the committee, the amendments are necessary to further the spirit +and intent of the escarpment regulations. +   (c)   The committee shall meet at least once each month, with additional +meetings to be held upon the call of the director, or upon petition of a simple +majority of the members of the committee. +   (d)   The provisions of +Chapter 8, “Boards and Commissions,” of the Dallas City Code, as amended, do +not apply to the committee. +   (e)   Actions taken or recommendations made by the committee are not binding +upon the director, the board of adjustment, the city plan commission, and the +city council, and these persons and public bodies may decide a matter contrary +to the recommendations of the committee. (Ord. Nos. 19455; 25047; 26000; 28073; +28424; 29478; 29882; 30239; 30654; 32002) +SEC. 51A-5.210.   PLATTING IN THE ESCARPMENT ZONE AND IN THE GEOLOGICALLY +SIMILAR AREA. +   When property in the escarpment zone or in the geologically similar area is +platted: +      (1)   the escarpment zone or the geologically similar area must be shown +on the plat; +      (2)   the plat must provide any dedications necessary for maintenance, +drainage, or compliance with this division; and +      (3)   the property owner is encouraged, but not required, to dedicate the +escarpment zone or geologically similar area to the city as park. (Ord. 26000) +ARTICLE VI. +ENVIRONMENTAL PERFORMANCE STANDARDS. +SEC. 51A-6.101.   DEFINITIONS APPLICABLE TO THE ENVIRONMENTAL PERFORMANCE +STANDARDS. +   The following definitions are applicable to the environmental performance +standards in this article: +   (1)   A-WEIGHTED SOUND LEVEL means the sound pressure level in decibels as +measured on a sound level meter using the A-weighing network. The level so read +is designated dB(A) or dBA. +   (2)   BACKGROUND NOISE means noise from all sources other than that under +specific consideration including traffic operating on public streets, and is +established by measuring the noise level over an eight minute period of time. +   (3)   BOUNDING LOT LINE means the far side of any street, alley, stream or +other permanently dedicated open space from the stationary source when such +open space exists between the lot line of the stationary source and adjacent +property. When no such open space exists the common line between two parcels of +property shall be interpreted as the bounding lot line. +   (4)   CONSTRUCTION means any phase of the on-site erection, including +excavation, demolition, alteration or repair, of any building or structure +which is designed to be used on that site. +   (5)   DAYTIME means the hours between 7:00 a.m. and 10:00 p.m. on any given +day. +   (6)   DECIBEL (dB) means a unit for measuring the volume of a sound, equal +to 20 times the logarithm to the base 10 of the ratio of the pressure of the +sound measured to the reference pressure, which is 20 micropascals (20 +Micronewtons per square meter). +   (7)   EQUIVALENT SOUND PRESSURE LEVEL (Leg) means the time weighted, mean +square, A- weighted sound pressure level. +   (7.1)   LEGAL HOLIDAY means New Year's Day (January 1), Memorial Day +(observed date), Fourth of July (July 4), Labor Day (observed date), +Thanksgiving Day (observed date), and Christmas Day (December 25). +   (8)   MOBILE SOURCE means sound pressure created by motorized vehicles +designed to operate on public rights-of-way, including, but not limited to, +automobiles and aircraft. +   (9)   NOISE means any sound which annoys or disturbs humans or which causes +or tends to cause an adverse psychological or physiological effect on humans. +   (10)   NOISE DISTURBANCE means any sound which (a) endangers or injures the +safety or health of humans or animals, or (b) annoys or disturbs a reasonable +person of normal sensitivities, or (c) endangers or injures personal or real +property. +   (11)   PERMISSIBLE SOUND PRESSURE LEVEL means the equivalent sound pressure +level (Leg) averaged over an eight minute period of time. +   (12)   PERSON means any individual, association, partnership, or +corporation, and includes any officer, employee, department, agency or +instrumentality of a state or any political subdivision of a state. +   (13)   PROPERTY means all contiguous land and any fixed or moveable object +on such land, under common ownership, irrespective of leasehold or other +interest. +   (14)   Reserved. +   (15)   SOUND means the weighted sound pressure level obtained by the use of +a sound level meter and frequency weighting network, such as A, B, or C as +specified in American National Standards Institute specifications for sound +level meters (ANSI S1.4-1971, or the latest approved revision thereof). If the +frequency weighting employed is not indicated, the A-weighting shall apply. +   (16)   SOUND LEVEL METER means an instrument which includes a microphone, +amplifier, RMS detector, integrator or time averager, output meter, and +weighting networks used to measure sound pressure levels. +   (17)   SOUND PRESSURE means the instantaneous difference between the actual +pressure and the average or barometric pressure at a given point in space, as +produced by sound energy. +   (18)   SOUND PRESSURE LEVEL means 20 times the logarithm to the base 10 of +the ratio of the RMS sound pressure to the reference pressure of 20 +micropascals (20 x 10-6 N/m2). The sound pressure level is denoted Lp or SPL +and is expressed in decibels. +   (19)   SPECIAL EVENTS means all public and private school related activities +and all events where a special events permit is issued by the city of Dallas. +   (20)   STATIONARY SOURCE means the point of origin of any noise emitted from +a property. Multiple sources on a property shall be treated as a single source. +   (21)   TIME WEIGHTED means an established period of time during which the +sound pressure levels are averaged. (Ord. Nos. 19455; 19995; 21186; 29424) +SEC. 51A-6.102.   NOISE REGULATIONS. +   (a)   General provisions. +      (1)   A person may not conduct a use that creates a noise level that +exceeds the levels established in Subsections (b) through (e) or that exceeds +the background level by five dB(A), whichever is greater. +      (2)   A sound level meter that meets the standards of the American +Standards Association must be used to determine whether the level of noise +violates this section. The instrument must be maintained in good working order. +A calibration check should be made prior to and following any noise +investigation. +      (3)   Traffic, aircraft, and other background noises are not considered +in measuring noise levels except when the background noise level is being +determined. +      (4)   For purposes of this section, any identifiable portion of a planned +development (PD) district governed by a distinct set of use regulations is +considered to be a separate zoning district. If the PD district or a portion of +the district is limited to uses permitted in an expressly stated zoning +district, the PD district or portion of the district is considered to be that +zoning district; otherwise it is considered to be: +         (A)   an MF-3(A) zoning district if it is restricted to residential +uses and those nonresidential uses permitted in a residential district; +otherwise +         (B)   an IM zoning district if it allows one or more uses that are +only permitted in that district; otherwise +         (C)   an IR zoning district if it allows one or more uses that are +only permitted in a CS, LI, or IR district; otherwise +         (D)   if it does not fit into one of the above categories, an MU- +3 district. +      (5)   The requirements of this section do not apply to: +         (A)   mobile sources; +         (B)    construction/demolition activities regulated by +Chapter 30; +         (C)   special events for which a special events permit is issued under +Chapter 42A; +         (D)   sound generating equipment or apparatus to warn the public of an +emergency or for public safety; +         (E)   noise from use-related loading/ unloading operations that impact +residential areas when conducted during daytime hours; or +         (F)   the following activities, as long as they are conducted between +the hours of 7:00 a.m. and 10:00 p.m., Monday through Friday, and between the +hours of 8:00 a.m. and 7:00 p.m. on Saturday, Sunday, and legal holidays as a +normal function of a permitted use and the equipment is maintained in proper +working condition: +            (i)   Lawn maintenance. +            (ii)   Repair of personal use vehicles. +            (iii)   Home repair of place of residence. +   (b)��  Permissible sound pressure level in WR without a shopfront overlay and +residential districts. +      (1)   In a WR without a shopfront overlay or residential district, a +person may not conduct a use so as to create a sound pressure level on the +bounding lot line that exceeds the decibel limits contained in the following +table: +  +Maximum Permissible Daytime Decibel Limits at the Bounding Lot Line of a WR +without a Shopfront Overlay or Residential District + A Scale +Decibel Limit 56 +(dBA re 0.0002 Microbar) +  +   (c)   Permissible sound pressure level in office, retail, mixed use, +multiple commercial, P(A), WR with a shopfront overlay, and WMU districts. +      (1)   In an office, retail, mixed use, multiple commercial, P(A), WR with +a shopfront overlay, or WMU district, a person may not conduct a use so as to +create a sound pressure level on the bounding lot line that exceeds the decibel +limits contained in the following table: +  +Maximum Permissible Daytime Decibel Limits at the Bounding Lot Line of an +Office, Retail, Mixed Use, Multiple Commercial, P(A), WR with a Shopfront +Overlay, or WMU District + A Scale +Decibel Limit 63 +(dBA re 0.0002 Microbar) +  +      (2)   The sound pressure level at the boundary line between a residential +district, as defined both in this chapter and in Chapter 51, and an office, +retail, mixed use, multiple commercial, P(A), WR with a shopfront overlay, or +WMU district may not exceed the decibel limits specified in Subsection (b)(1). +   (d)   Permissible sound pressure level in CS, LI, and IR districts. +      (1)   In a CS, LI, or IR district, a person may not conduct a use so as +to create a sound pressure level on the bounding lot line that exceeds the +decibel limits contained in the following table: +  +Maximum Permissible Daytime Decibel Limits at the Bounding Lot Line of a Use +in a CS, LI, or IR District + A Scale +Decibel Limit 65 +(dBA re 0.0002 Microbar) +  +      (2)   The sound pressure level at the boundary line between a residential +district, as defined both in this chapter and in Chapter 51, and a CS, LI, or +IR district may not exceed the decibel limits specified in Subsection (b)(1). +      (3)   The sound pressure level at the boundary line between an office, +retail, mixed use, multiple commercial, or parking district, as defined both in +this chapter and in Chapter 51, and a CS, LI, or IR district may not exceed the +decibel limits specified in Subsection (c)(1). +   (e)   Permissible sound pressure level in an IM district. +      (1)   In an IM district, a person may not conduct a use so as to create a +sound pressure level on the bounding lot line that exceeds the decibel limits +contained in the following table: +  +Maximum Permissible Daytime Decibel Limits at the Bounding Lot Line of a Use +in the IM District + A Scale +Decibel Limit 70 +(dBA re 0.0002 Microbar) +  +      (2)   The sound pressure level at the boundary line between a residential +district, as defined both in this chapter and in Chapter 51, and an IM district +may not exceed the decibel limits specified in Subsection (b)(1). +      (3)   The sound pressure level at the boundary line between an office, +retail, mixed use, multiple commercial, or parking district, as defined both in +this chapter and in Chapter 51, and an IM district may not exceed the decibel +limits specified in Subsection (c)(1). +      (4)   The sound pressure level at the boundary line between an LC, CS, +LI, HC, I-1, I-2, or IR district and an IM district may not exceed the decibel +limits specified in Subsection (d)(1). +   (f)   Noise level adjustments. +      (1)   The maximum permissible noise levels contained in Subsections (b) +(1), (c)(1), (d)(1), and (e)(1) are subject to the following adjustments: +         Noise is present at nighttime   Subtract 7db +         Noise is impulsive (meter reading changes at a rate greater than 10 +decibels per second    Subtract 7db +  +Noise Has An “On Time” Of No More And an “Off Time” Between Successive “On Times" Of At +Than: Least: +0.5 Minutes ½    Hour / Add 10 +5.0 Minutes 1    Hour / Decibels +10.0 Minutes 2    Hours / to + permitted +20.0 Minutes 4    Hours / level +  +      (2)   “Off-time” is when the level of the primary noise being measured +does not exceed that of the background noise by more than five dB(A). (Ord. +Nos. 19455; 19786; 19995; 27495; 29424; 30895) +SEC. 51A-6.103.   TOXIC AND NOXIOUS MATTER. +   These regulations are contained in +Chapters 5A and +19 of the Dallas City Code. (Ord. Nos. 19455; 19995) +SEC. 51A-6.104.   GLARE. +   (a)   A person shall not conduct a use that has a visible source of +illumination that produces glare or direct illumination across a property line +of an intensity that creates a nuisance or detracts from the use or enjoyment +of adjacent property. +   (b)   Outside lights must be made up of a light source and reflector so that +acting together, the light beam is controlled and not directed across a +property line. (Ord. Nos. 19455; 19995) +SEC. 51A-6.105.   VIBRATION. +   (a)   In an IR or IM district, a person may not conduct a use so as to +create earthborn vibrations on the bounding lot line that exceed the +displacement contained in the following table: +  +Allowable Displacement of Earthborn Vibrations in IR or IM Districts +Frequency in Cycles per Second Displacement In Inches +0 to 10 0.0010 +10 to 20 0.0008 +20 to 30 0.0005 +30 to 40 0.0004 +40 and over 0.0003 +  +   (b)   Reserved. (Ord. Nos. 19455; 19786; 19995) +SEC. 51A-6.106.   ODORS, SMOKE, PARTICULATE MATTER AND OTHER AIR CONTAMINANTS. +   These regulations are contained in +Chapter 5A of the Dallas City Code. (Ord. Nos. 19455; 19995) +SEC. 51A-6.107.   NONCONFORMANCE WITH THE ENVIRONMENTAL PERFORMANCE STANDARDS. +   (a)   A use that is nonconforming with applicable environmental performance +standards may continue if it complies with any conditions imposed by the board, +the public health authority, or the environmental health officer for the +protection of the use and enjoyment of adjacent property or the public health. +   (b)   A use that is nonconforming with applicable environmental performance +standards may not be enlarged or remodeled if the enlargement or remodeling +would cause greater noncompliance with the environmental performance standards +than existed at the time the use became nonconforming. (Ord. Nos. 19455; 19995) +SEC. 51A-6.108.   MUNICIPAL SETTING DESIGNATION ORDINANCE. +   (a)   Authority. This section is adopted pursuant to the authority provided +in: +      (1)   Subchapter W, “Municipal Setting Designations,” of Chapter 361, +“Solid Waste Disposal,” of the Texas Health and Safety Code; +      (2)   Paragraph (6) of Subsection (a) of Section 211.003, “Zoning +Regulations Generally,” of Chapter 211, “Municipal Zoning Authority,” of the +Texas Local Government Code; +      (3)   Subsection (a) of Section 212.003, “Extension of Rules to +Extraterritorial Jurisdiction,” of Chapter 212, “Municipal Regulation of +Subdivisions and Property Development,” of the Texas Local Government Code; and +      (4)   Section 401.005, “Restriction on Pumping, Extraction, and Use of +Groundwater,” of Chapter 401, “Water Control by Municipalities,” of the Texas +Local Government Code. +   (b)   Findings. The city council finds that: +      (1)   due to limited quantity and low quality, there are areas within the +city and its extraterritorial jurisdiction where the groundwater is not +valuable as a source for potable water; +      (2)   the city of Dallas does not utilize groundwater as a source for +public potable water; +      (3)   many properties in the city and its extraterritorial jurisdiction +are underlain with unused or unusable groundwater that has become contaminated +by historical on-site or off-site sources; +      (4)   municipal setting designation ordinances enable a state corrective +process for groundwater that protects human health and the environment while +also promoting the economic welfare of citizens; +      (5)   where the quality of the groundwater presents an actual or +potential threat to human health, and another source of potable water is +available, the use of designated groundwater beneath a designated property +should be prohibited to protect the public health, safety, and welfare; +      (6)   municipal setting designation ordinances should be considered only +after a process that allows for public notice and input; and +      (7)   the use of municipal setting designation ordinances within the city +of Dallas and its extraterritorial jurisdiction will encourage the economic +development of properties that have contaminated groundwater. +   (c)   Definitions. In this section: +      (1)   APPLICATION means the application submitted to the city for a +municipal setting designation ordinance. +      (2)   CONTAMINANT OF CONCERN means any contaminant that has the potential +to adversely affect ecological or human receptors due to its concentration, +distribution, or mode of toxicity. +      (3)   CRITICAL PROTECTIVE CONCEN- TRATION LEVEL means the lowest +protective concentration level for a contaminant of concern within a source +medium determined from all applicable human exposure pathways. +      (4)   DESIGNATED GROUNDWATER means groundwater that will be or is +prohibited from use as potable water by a municipal setting designation +ordinance. +      (5)   DESIGNATED PROPERTY means the property that will be or is subject +to a municipal setting designation ordinance. The designated property may cover +several platted lots or tracts of land. +      (6)   DIRECTOR means the managing director of the office of environmental +quality or the director's representative. +      (7)   GROUNDWATER means water below the surface of the earth. +      (8)   INGESTION PROTECTIVE CONCEN- TRATION LEVEL means the protective +concentration level for human ingestion for contaminants of concern in +groundwater established by the TCEQ under the Texas Risk Reduction Program, +determined as if there were no municipal setting designation ordinance. +      (9)   INGESTION PROTECTIVE CONCEN- TRATION LEVEL EXCEEDENCE ZONE means +the area where concentrations of contaminants of concern from sources on or +migrating from or through the designated property are greater than the +ingestion protective concentration level in groundwater, determined as if there +were no municipal setting designation ordinance. +      (10)   MUNICIPAL SETTING DESIGNATION means a TCEQ designation authorized +by Subchapter W, “Municipal Setting Designations,” of Chapter 361, “Solid Waste +Disposal,” of the Texas Health and Safety Code. +      (11)   MUNICIPAL SETTING DESIGNATION ORDINANCE means an ordinance adopted +pursuant to this section. +      (12)   NON-INGESTION PROTECTIVE CONCENTRATION LEVEL means the protective +concentration level for dermal contact or inhalation for contaminants of +concern in groundwater established by the TCEQ under the Texas Risk Reduction +Program. +      (13)   NON-INGESTION PROTECTIVE CONCENTRATION LEVEL EXCEEDENCE ZONE means +the area where concentrations of contaminants of concern from sources on or +migrating from or through the designated property are greater than the non- +ingestion protective concentration level in groundwater. +      (14)   POTABLE WATER means water that is used for irrigating crops +intended for human consumption, drinking, showering, bathing, or cooking +purposes. +      (15)   PROTECTIVE CONCENTRATION LEVEL means the non-site-specific +concentration of a contaminant of concern that the TCEQ has determined can +remain within the source medium and not result in a level that exceed the +applicable human health risk-based exposure limit or ecological protective +concentration level at the point of exposure for an exposure pathway. +      (16)   RESPONSE ACTION means the control, decontamination, or removal +from the environment of a hazardous substance or contaminant pursuant to +Subchapter W, “Municipal Setting Designations,” of Chapter 361, “Solid Waste +Disposal Act,” of the Texas Health and Safety Code. +      (17)   TCEQ means the Texas Commission on Environmental Quality. +      (18)   TCEQ APPLICATION means the application submitted to the TCEQ for +certification of a municipal setting designation. +      (19)   TO THE EXTENT KNOWN means information known by an applicant or +applicant’s agent after review of all public and private records and other +information sources available in the exercise of due diligence. +   (d)   Application. +      (1)   A person seeking a municipal setting designation ordinance shall +file 10 copies of an application and one copy of any supporting documentation +with the director. +      (2)   The application must be clear, complete, concise, correct, contain +only relevant information, and be organized to facilitate analysis. Maps must +be accurate and drawn to scale. Supporting documentation, if necessary, should +be submitted as a separate appendix to the application. +      (3)   A professional surveyor registered with the Texas Board of +Professional Surveying must certify that any property descriptions or maps with +metes and bounds descriptions are accurate. +      (4)   The application must be on the form required by the director and +contain the following information in the order listed: +         (A)   An executive summary of the application. +         (B)   The name, address, telephone number, and email of all +applicants, all property owners within the designated property, and any +representatives of the applicants or property owners. +         (C)   A legal description of the boundaries of the designated property +and a copy of the deed for the designated property. +         (D)   A site map showing: +            (i)   the location of the designated property; +            (ii)   the topography of the designated property as indicated on +publicly available sources; +            (iii)   the detected area of groundwater contamination; +            (iv)   the location of all soil sampling locations and all +groundwater monitoring wells; +            (v)   groundwater gradients, to the extent known, and direction of +groundwater flow; +            (vi)   the ingestion protective concentration level exceedence zone +for each contaminant of concern, to the extent known. +         (E)   A description of the current use, and, to the extent known, the +anticipated uses, of the designated property and properties within 500 feet of +the designated property. +         (F)   For each contaminant of concern within the ingestion protective +concentration level exceedence zone, to the extent known: +            (i)   A description of the ingestion protective concentration level +exceedence zone and the non-ingestion protective concentration level exceedence +zone, including a specification of the horizontal area and the minimum and +maximum depth below ground surface. +            (ii)   The level of contamination, the ingestion protective +concentration level, and the non-ingestion protective concentration level, all +expressed as mg/L units. +            (iii)   Its basic geochemical properties (for example, whether the +contaminant of concern migrates with groundwater, floats, or is soluble in +water). +         (G)   For each contaminant of concern within the designated +groundwater, to the extent known: +            (i)   A description of the ingestion protective concentration level +exceedence zone and the non-ingestion protective concentration level exceedence +zone, including a specification of the horizontal area and the minimum and +maximum depth below ground surface. +            (ii)   The level of contamination, the ingestion protective +concentration level, and the non-ingestion protective concentration level, all +expressed as mg/L units. +            (iii)   Its basic geochemical properties (for example, whether the +contaminant of concern migrates with groundwater, floats, or is soluble in +water). +         (H)   A table displaying the following information for each +contaminant of concern, to the extent known: +            (i)   the concentration level for soil and groundwater, the +ingestion protective concentration level, and the non-ingestion protective +concentration level, all expressed as mg/L units; +            (ii)   the critical protective concentration level without the +municipal setting designation, highlighting any exceedences; +            (iii)   the critical protective concentration level with the +municipal setting designation, highlighting any exceedences; +         (I)   A statement as to whether the plume of contamination is stable, +expanding, or contracting, with the basis for that statement. If this +information is not known, a statement of why the information is not known. +         (J)   A statement as to whether contamination on and off the +designated property without a municipal setting designation exceeds a +residential assessment level as defined in the Texas Risk Reduction Program, if +known, and the basis for that statement. +         (K)   A statement as to whether contamination on and off the +designated property with a municipal setting designation will exceed a +residential assessment level as defined in Texas Risk Reduction Program, if +known, and the basis for that statement. +         (L)   Identification of the points of origin of the contamination and +the persons responsible for the contamination, to the extent known; +         (M)   A description of any environmental regulatory actions that have +been taken within the past five years in connection with the designated +property, to the extent known. +         (N)   A listing of all existing state or U.S. Environmental Protection +Agency registrations, permits, and identification numbers that apply to the +designated property. +         (O)   A statement as to whether the designated property has been +submitted to the Texas Voluntary Cleanup Program (Section 361.601 of the Texas +Health and Safety Code) or similar state or federal program, and a description +of the designated property’s status in the program. +         (P)   A summary of any environmental site assessment reports filed +with the TCEQ regarding any site investigations or response actions that are +planned, ongoing, or completed related to the designated property. +         (Q)   A statement as to whether any public drinking water supply +system exists that satisfies the requirements of Chapter 341 of the Texas +Health and Safety Code and that supplies or is capable of supplying drinking +water to the designated property and property within one-half mile of the +designated property and the identity of each. +         (R)   The name and address of each owner of a state-registered private +water well within five miles of the designated property, along with: +            (i)   a map showing the location of each well and, to the extent +known, a notation of whether each well is used for potable water; and +            (ii)   a statement as to whether the applicant has provided notice +to each owner in compliance with Section 361.805 of the Texas Health and Safety +Code. +         (S)   The name and address of each retail public utility, as defined +in Section 13.002 of the Texas Water Code, that owns or operates a groundwater +supply well within five miles of the designated property, along with a +statement as to whether the applicant has provided notice as required by +Section 361.805 of the Texas Health and Safety Code. +         (T)   A listing of each municipality, other than the city of Dallas, +with a boundary within one-half mile of the designated property, and a +statement as to whether the applicant has provided notice as required by +Section 361.805 of the Texas Health and Safety Code. +         (U)   A listing of each municipality, other than the city of Dallas, +that owns or operates a groundwater supply well within five miles of the +designated property; and a statement as to whether the applicant has provided +notice as required by Section 361.805 of the Texas Health and Safety Code. +         (V)   The following statement signed and sealed by a licensed +professional engineer or licensed professional geoscientist authorized to +practice in the state of Texas with expertise in environmental remediation: +To the best of my knowledge and belief, based upon a review of all public and +private records and other information sources available to me in the exercise +of due diligence, the opinions stated and conclusions made in this application +are supported by such information, and the technical and scientific information +submitted with the application is true, accurate, and complete. Based on such +review, the contaminants of concern from sources on the designated property or +migrating from or through the designated property more likely than not (do +exceed) or (do not exceed) a non-ingestion protective concentration level on +property beyond the boundaries of the designated property. +         (W)   If the licensed professional engineer or licensed professional +geoscientist determines that contaminants of concern from sources on the +designated property or migrating from or through the designated property more +likely than not do exceed a non-ingestion protective concentration level on +property beyond the boundaries of the designated property, then the applicant +must: +            (i)   Specify the name and address of the owner of each property. +            (ii)   Send a copy of the application to the owner of the property +with the notice of the public meeting. +            (iii)   Provide documentation that the designated property has been +included in a state or federal program that requires that the entire non- +ingestion protective concentration level exceedence zone be addressed to the +satisfaction of the agency administering the program, along with documentation +of the estimated time period in which it is to be addressed. An example of such +a program is the Texas Voluntary Cleanup Program (Section 361.601 of the Texas +Health and Safety Code). +            (iv)   Provide documentation upon completion of the state or +federal program showing that the non-ingestion protective concentration level +exceedences have been addressed to the satisfaction of the agency administering +the program. +         (X)   The following statement certified by the applicant and any +authorized representatives of the applicants listed in the application: +            I certify under penalty of law that this application and all +attachments were prepared under my direction or supervision in a manner +designed to assure that qualified personnel properly gathered and evaluated the +information submitted. Based on my inquiry of the persons responsible for +gathering and evaluating the information, the information submitted is, to the +best of my knowledge and belief, true, accurate, and complete. I am aware that +there are significant penalties for submitting false information, including the +possibility of fine and imprisonment for knowing violations. +         (Y)   A copy of the TCEQ application, if it has been filed, excluding +attachments. +         (Z)   The signature of the applicant and proof that the applicant has +the legal authority to restrict the use of the groundwater on the designated +property. +         (AA)   The initial filing fee. +         (BB)   Any other information that the director deems necessary. +      (5)   Within 30 days after submission of an application, the director +shall notify the applicant that the application is complete or notify the +applicant in writing of any deficiencies in the application and of any +additional documentation required. The applicant shall have 60 days from the +date of the deficiency letter to correct the deficiencies or submit additional +documentation. The director may, for good cause, extend the deadline to correct +or supplement the application. If the applicant fails to correct or supplement +the application within 60 days or the extended period, the application shall be +deemed withdrawn and the initial filing fee forfeited. No application shall be +deemed complete until all supporting documentation is supplied. The director +shall notify the applicant in writing when the application is deemed complete. +   (e)   Staff review. +      (1)   The director shall distribute a copy of the complete application to +the city attorney, the department of development services, the office of +management services, the park and recreation department, the department of +transportation, and the Dallas water utilities department for review and +comment. The director shall also send a copy of the application to the TCEQ. +      (2)   The city of Dallas is not responsible for conducting an +environmental risk assessment with respect to the application or the designated +property. +   (f)   Public meeting. +      (1)   The director shall conduct a public meeting within 45 days after +the application is deemed complete. The public meeting must be held at a +facility open to the public near the designated property. +      (2)   Upon receipt of the estimated cost of mailing notices and +advertising the public meeting, the director shall provide notification of the +public meeting in the following manner: +         (A)   The notice of the public meeting must include: +            (i)   the date, time, and location of the public meeting; +            (ii)   the identity of the applicant; +            (iii)   the location and legal description of the designated +property; +            (iv)   the purpose of a municipal setting designation; and +            (v)   the type of contamination identified in the designated +groundwater. +         (B)   The director shall publish notice of the public meeting in the +official newspaper of the city at least 15 days before the public meeting. +         (C)   The director shall mail notice of the public meeting at least 15 +days before the date of the public meeting by depositing the notice properly +addressed and postage paid in the United States mail. The notice must be +written in English and Spanish. The applicant may not alter, change, amend, or +enlarge the application after notices for the public meeting have been mailed. +The director shall mail notice of the public meeting to: +            (i)   the applicant; +            (ii)   owners of real property within 2,500 feet of the designated +property as indicated by the most recent appraisal district records; +            (iii)   owners of state-registered private water wells within five +miles of the designated property, as indicated on the application, by certified +mail; +            (iv)   any retail public utility that owns or operates a +groundwater supply well within five miles of the designated property, as +indicated on the application, by certified mail; +            (v)   any municipality with a boundary within one-half mile of the +designated property, as indicated on the application, by certified mail; +            (vi)   any municipality that owns or operates a groundwater supply +well within five miles of the designated property, as indicated on the +application, by certified mail; and +            (vii)   the TCEQ. +         (D)   The director shall cause a copy of the application to be placed +on display at the public library closest to the designated property at least 15 +days prior to the public meeting. +      (3)   The applicant, the licensed professional engineer or licensed +professional geoscientist who signed and sealed the application, or a licensed +professional engineer or licensed professional geoscientist who is familiar +with the application must be present at the public meeting. If the required +person is not present at the public meeting, the director may either deem the +application withdrawn and any fees forfeited or reschedule the public meeting +at the applicant’s expense. +      (4)   The purpose of the public meeting is to provide information to the +community about municipal setting designations in general and the application +in specific, allow the applicant to explain the application, allow proponents +and opponents to comment, and notify the community of the date of the city +council public hearing. +   (g)   City council public hearing. +      (1)   Prior to the public hearing, the director shall prepare a +recommendation as to whether the municipal setting designation ordinance should +be granted or denied, and listing any conditions that should be imposed. +         (A)   The director may recommend that the municipal setting +designation ordinance prohibit the use of the designated groundwater from +beneath public rights-of-way immediately adjacent to the designated property as +potable water. +         (B)   If the director, in his sole discretion, determines it is more +likely than not that a source of a contaminant of concern originated on the +designated property, and that the ingestion protective concentration level +exceedence zone or the non-ingestion protective concentration level exceedence +zone for that contaminant of concern extends to public rights-of-way +immediately adjacent to the designated property, the director may recommend +that the municipal setting designation ordinance include a condition that the +public rights-of-way immediately adjacent to the designated property be +included, at no additional cost to the city, in the TCEQ application. +         (C)   The director may recommend that the municipal setting +designation ordinance specify a time period for a state or federal program to +address the entire non-ingestion protective concentration level exceedence zone +originating from sources on the designated property or migrating from or +through the designated property. +      (2)   Upon payment of the additional processing fee, the director shall +provide notification of the public hearing in the following manner: +         (A)   The notice of the public hearing must include: +            (i)   the date, time, and location of the public hearing; +            (ii)   the identity of the applicant; +            (iii)   the location and legal description of the designated +property; +            (iv)   the purpose of a municipal setting designation; and +            (v)   the type of contamination identified in the designated +groundwater. +         (B)   The director shall publish notice of the public hearing in the +official newspaper of the city at least 15 days before the public hearing. +      (3)   The applicant, the licensed professional engineer or licensed +professional geoscientist who signed and sealed the application, or a licensed +professional engineer or licensed professional geoscientist who is familiar +with the application must be present at the public hearing. If the required +person is not present at the public hearing, the city council may either deny +the application or continue the public hearing. +      (4)   The city council shall deny the application if it finds that: +         (A)   the eligibility criteria of Section 361.803 of the Texas Health +and Safety Code have not been met; +         (B)   the municipal setting designation will have an adverse effect on +the current or future water resource needs or obligations of the city; or +         (C)   there is not a public drinking water supply system that +satisfies the requirements of Chapter 341 of the Texas Health and Safety Code +and that supplies or is capable of supplying drinking water to the designated +property and property within one-half mile of the designated property. +      (5)   In order to approve an application, the city council must adopt a +municipal setting designation ordinance that: +         (A)   states that the ordinance is necessary because the +concentrations of contaminants of concern exceed human ingestion protective +concentration levels; +         (B)   provides a legal description of the designated property; +         (C)   describes the designated groundwater, including the maximum +depth below ground surface of the designated groundwater (the maximum depth +shall not exceed 200 feet below ground surface unless the applicant +specifically requests and the ordinance specifically provides a greater depth); +         (D)   prohibits the use of the designated groundwater from beneath the +designated property as potable water; +         (E)   appropriately restricts other uses of or contact with the +designated groundwater; +         (F)   lists any reasonable and necessary conditions; +         (G)   indicates support of the applicant’s TCEQ application, with any +comments. +      (6)   The municipal setting designation ordinance may prohibit the use of +the designated groundwater from beneath public rights-of-way immediately +adjacent to the designated property as potable water. +      (7)   The municipal setting designation ordinance may include a condition +that the public rights-of-way immediately adjacent to the designated property +be included, at no additional cost to the city, in the TCEQ application. +      (8)   The municipal setting designation ordinance may specify a time +period for a state or federal program to address the entire non-ingestion +protective concentration level exceedence zone originating from sources on the +designated property or migrating from or through the designated property. +   (h)   Limitation on reapplication. If the applicant withdraws the +application, or if the city council denies the application, no further +applications may be accepted for that property for one year from the date of +the withdrawal or denial, unless the city council denies the application +without prejudice. The city council, by simple majority vote, may waive the one +year limitation if there are changed circumstances sufficient to warrant a new +application. +   (i)   Effect of municipal setting designation ordinance. +      (1)   The effect of a municipal setting designation ordinance is to +prohibit use of designated groundwater as potable water and thereby enable the +TCEQ to certify a municipal setting designation for the designated property. If +certified by the TCEQ, the municipal setting designation may limit the scope of +or eliminate the need for risk-based site investigations and response actions +pursuant to Section 361.808 of the Texas Health and Safety Code based on the +non-existence, elimination, or control of pathways for human ingestion of +contaminated groundwater. +      (2)   Any person owning, operating, or controlling the designated +property remains responsible for complying with all applicable federal and +state laws and regulations; all ordinances, rules, and regulations of the city; +and all environmental regulations. The city council’s approval of a municipal +setting designation ordinance in itself does not change any environmental +assessment or cleanup requirements applicable to the designated property. +      (3)   Approval of a municipal setting designation ordinance shall not be +construed to subject the city of Dallas to any responsibility or liability for +any injury to persons or damages to property caused by any contaminant of +concern. +   (j)   Additional requirements following adoption of an ordinance. +      (1)   Within 30 days after adoption, the applicant shall provide the +director with an electronic file showing the location of the designated +property and the designated groundwater in a format compatible with the city’s +geographic information system. +      (2)   Within 60 days after adoption, the director shall file a certified +copy of the municipal setting designation ordinance in the deed records of the +county where the designated property is located. +      (3)   Within 60 days after adoption, the director shall send a certified +copy of the municipal setting designation ordinance to the applicant and the +TCEQ. +      (4)   The applicant shall provide the director with a copy of the +municipal setting designation certificate issued by the TCEQ pursuant to +Section 361.807 of the Texas Health and Safety Code within 30 days after +issuance of the certificate. +      (5)   The applicant shall provide the director with a copy of the +certificate of completion or other documentation issued by the TCEQ showing +that any site investigations and response actions required pursuant to Section +361.808 of the Texas Health and Safety Code have been completed to the +satisfaction of the TCEQ within the time period required. The director may, for +good cause, extend the time for submitting the documentation. +      (6)   Within the time period required in the municipal setting +designation ordinance for the state or federal program to address the entire +non-ingestion protective concentration level exceedence zone originating from +sources on the designated property or migrating from or through the designated +property, the applicant shall provide the director documentation that it has +been addressed to the satisfaction of the agency administering the program. If +it has not been addressed, the director may, for good cause, take any of the +following actions: +         (A)   allow additional time to address the non-ingestion protective +concentration level exceedence zone; +         (B)   request a review by the TCEQ or the agency administering the +program; +         (C)   recommend to the city council that the municipal setting +designation ordinance be repealed; +         (D)   request additional information or documentation from the +applicant; or +         (E)   pursue other actions that the director believes may be +warranted. +      (7)   The applicant shall notify the director in writing if the applicant +determines that notice is required to be sent to an owner of other property +beyond the boundaries of the designated property under Title 30 Texas +Administrative Code, Chapter 30, Section 350.55(b), providing the name of the +property owner, the property address, and a copy of the notice sent to the +property owner. +   (k)   Authority of the director. The director is authorized to: +      (1)   Enter public or private property to determine whether designated +groundwater is being used in violation of this section. +      (2)   Administer and enforce the provisions of this section. +   (l)   Offenses. A person commits an offense if the person: +      (1)   uses designated groundwater as a potable water source or for a +purpose prohibited in the municipal setting designation ordinance; +      (2)   fails to provide the director with a copy of the municipal setting +designation certificate issued by the TCEQ pursuant to Section 361.807 of the +Texas Health and Safety Code within 30 days after issuance of the certificate; +      (3)   fails to provide the director with a copy of the certificate of +completion or other documentation issued by the TCEQ showing that any site +investigations and response actions required pursuant to Section 361.808 of the +Texas Health and Safety Code have been completed to the satisfaction of the +TCEQ within the time period required. +      (4)   fails to notify and provide documentation to the director within +the time period required in the municipal setting designation ordinance that +the entire non-ingestion protective concentration level exceedence zone +originating from sources on the designated property or migrating from or +through the designated property has been addressed to the satisfaction of the +state or federal agency administering the program. (Ord. Nos. 26001; 27697; +28073; 28424; 30239; 30654; 30994; 32002) +ARTICLE VII. +SIGN REGULATIONS. +Division 51A-7.100. Purposes and Definitions. +SEC. 51A-7.101.   PURPOSE. +   Signs use private land and the sight lines created by the public rights-of- +way to inform and persuade the general public by publishing a message. Except +as provided in Section +51A-7.207, this article provides standards for the erection and maintenance of +private signs. All private signs not exempted as provided below shall be +erected and maintained in accordance with these standards. The general +objectives of these standards are to promote health, safety, welfare, +convenience and enjoyment of the public, and, in part to achieve the following: +   (a)   SAFETY: To promote the safety of persons and property by providing +that signs: +      (1)   do not create a hazard due to collapse, fire, collision, decay or +abandonment; +      (2)   do not obstruct fire fighting or police surveillance; and +      (3)   do not create traffic hazards by confusing or distracting +motorists, or by impairing the driver’s ability to see pedestrians, obstacles, +or other vehicles, or to ready traffic signs. +   (b)   COMMUNICATIONS EFFICIENCY: To promote the efficient transfer of +information in sign messages by providing that: +      (1)   businesses and services may identify themselves; +      (2)   customers and other persons may locate a business or service; +      (3)   no person or group is arbitrarily denied the use of the sight lines +from the public right-of-way for communication purposes; and +      (4)   persons exposed to signs are not so overwhelmed by the number of +messages presented that they cannot find the information they seek, and are +able to observe or ignore messages, according to the observer’s purpose. +   (c)   LANDSCAPE QUALITY AND PRESERVATION: To protect the public welfare and +to enhance the appearance and economic value of the landscape, by providing +that signs: +      (1)   do not interfere with scenic views; +      (2)   do not create a nuisance to persons using the public rights-of-way; +      (3)   do not constitute a nuisance to occupancy of adjacent and +contiguous property by their brightness, size, height, or movement; +      (4)   are not detrimental to land or property values; and +      (5)   contribute to the special character of particular areas or +districts within the city, helping the observer to understand the city and +orient himself with it. (Ord. Nos. 19455; 22061) +SEC. 51A-7.102.   DEFINITIONS. +   Unless the context clearly indicates otherwise, for purposes of this +article, the following words and phrases have the meanings respectively +ascribed to them by this section: +   (1)   ADVERTISE means to attract, or to attempt to attract, the attention of +any person to any business, accommodations, goods, services, property, or +commercial activity. +   (1.1)   ATHLETIC FIELD SIGN means a sign that is designed, intended, or used +to inform or advertise to the spectators of an athletic event. +   (2)   ATTACHED SIGN means any sign attached to, applied on, or supported by, +any part of a building (such as a wall, roof, window, canopy, awning, arcade, +or marquee) that encloses or covers usable space. +   (3)   BUILDING means a structure which has a roof supported by columns, +walls or air for the shelter, support, or enclosure of persons, animals or +chattel. +   (4)   BUSINESS ZONING DISTRICT means: +      (A)   for purposes of interpreting Chapter 51: any zoning district +designated by this chapter as SC, GR, LC, CA-1, CA-2, HC, I-1, I-2, or I-3. Any +PD district is also included in this list, unless specifically excluded by its +provisions; and +      (B)   for purposes of interpreting +Chapter 51A: any zoning district designated by this chapter as CR, RR, CS, +industrial, central area, mixed use, or multiple commercial. Any PD district is +also included in this list, unless specifically excluded by its provisions. +   (5)   CHARACTER means any letter of the alphabet or numeral. +   (6)   CITY means the city of Dallas, Texas. +   (7)   COMMERCIAL MESSAGE means a message placed or caused to be placed +before the public by a person or business enterprise directly involved in the +manufacture or sale of the products, property, accommodations, services, +attractions, or activities or possible substitutes for those things which are +the subject of the message and that: +      (A)   refers to the offer for sale or existence for sale of products, +property, accommodations, services, attractions, or activities; or +      (B)   attracts attention to a business or to products, property, +accommodations, services, attractions, or activities that are offered or exist +for sale or for hire. +   (8)   COMMISSION means the city plan commission of the city of Dallas. +   (9)   DETACHED SIGN means any sign connected to the ground that is not an +attached, portable, or vehicular sign. +   (10)   Reserved. +   (11)   EFFECTIVE AREA means the following: +      (A)   For a detached sign, the area within a minimum imaginary rectangle +of vertical and horizontal lines that fully contains all extremities of the +sign, excluding its supports. This rectangle is calculated from an orthographic +projection of the sign viewed horizontally. The viewpoint for this projection +that produces the largest rectangle must be used. If elements of the sign are +movable or flexible, such as a flag or a string of lights, the measurement is +taken when the elements are fully extended and parallel to the plane of view. +      (B)   For an attached sign, the sum of the areas within minimum imaginary +rectangles of vertical and horizontal lines, each of which fully contains a +word. If a design, outline, illustration, or interior illumination surrounds or +attracts attention to a word, then it is included in the calculation of +effective area. +   (12)   ERECT means to build, attach, hang, place, suspend, fasten, affix, +maintain, paint, draw, or otherwise construct. +   (12.1) ESCARPMENT ZONE means the escarpment zone as defined in Section +51A-5.201. +   (13)   EXPRESSWAY means: +      (A)   the Dallas North Tollway; +      (B)   Interstate Highway 20; +      (C)   Interstate Highway 30; +      (D)   Interstate Highway 35E; +      (E)   Interstate Highway 45; +      (F)   Interstate Highway 635; +      (G)   U.S. Highway 67; +      (H)   U.S. Highway 75; +      (I)   U.S. Highway 80 east of Interstate Highway 30 to the city limits; +      (J)   U.S. Highway 175; +      (K)   State Highway 114; +      (L)   State Highway 183; +      (M)   Spur 408; +      (N)   Walton Walker Boulevard from Spur 408 north to the city limits, and +from Stemmons Freeway south to the city limits; and +      (O)   Woodall Rodgers Freeway. +   (13.1)   EXPRESSWAY SIGN means a sign that is wholly within 100 feet of an +expressway right-of-way and whose message is visible from the main traveled way +or that has been relocated adjacent to an expressway pursuant to Section +51A-7.307(f). +   (14)   FACADE means any separate face of a building, including parapet walls +and omitted wall lines, or any part of a building which encloses or covers +usable space. Where separate faces are oriented in the same direction, or in +the directions within 45¡ of one another, they are to be considered as part of +a single facade. +   (14.1)   GEOLOGICALLY SIMILAR AREAS means “geologically similar areas” as +defined in Section +51A-5.201. +   (15)   GOVERNMENT SIGN means a flag, insignia, legal notice, informational, +directional, traffic, or safe school zone sign which is legally required or +necessary to the essential functions of government agencies. +   (16)   HEIGHT, as applied to a sign, means the vertical distance between the +highest part of the sign or its supporting structure, whichever is higher, and +a level plane going through the nearest point of the vehicular traffic surface +of the adjacent improved public right-of-way, other than an alley. In the event +a sign is equidistant from more than one improved public right-of-way, none of +which are alleys, the highest point shall be used. +   (16.1)   HIGHWAY BEAUTIFICATION ACT (HBA) SIGN means a non-premise sign that +is within 660 feet of an expressway or new expressway right-of-way and whose +message is visible from the main traveled way. +   (17)   ILLUMINATED SIGN means any sign that is directly lighted by any +electrical light source, internal or external. This definition does not include +signs that are illuminated by street lights or other light sources owned by any +public agency or light sources that are specifically operated for the purpose +of lighting the area in which the sign is located rather than the sign itself. +   (18)   INTERSECTION means the junctions of the centerlines of any two public +rights-of-way, other than alleyways, crossing at grade, or, where the crossing +is separated at grade, the intersection is the point where expressway travel +pavements converge or diverge, or the point where any expressway interchange +ramp intersects the expressway travel pavement. For purposes of this +definition, the term “expressway” includes “new expressway.” +   (19)   LUMINANCE means the brightness of a sign or a portion thereof +expressed in terms of footlamberts. For purposes of this article, luminance is +determined by the use of an exposure meter calibrated to standards established +by the National Bureau of Standards and equipped with a footlambert scale. +   (20)   MOVEMENT CONTROL SIGN means a sign that directs vehicular or +pedestrian movement within or onto the premise on which the movement control +sign is located. +   (20.1)   NEW EXPRESSWAY means a divided highway with full control of access +whose original mainlanes in the city of Dallas were not entirely open to the +public as of July 1, 1999. The President George Bush Turnpike (State Highway +190) is a new expressway under this definition. +   (21)   NON-BUSINESS ZONING DISTRICT means any zoning district not designated +as a business district as defined in this section. Any parking district may be +specifically designated a business zoning district for the purposes of this +article. +   (22)   NONCOMMERCIAL MESSAGE means any message that is not a commercial +message. +   (23)   NON-PREMISE SIGN means any sign that is not a premise sign. +   (24)   OCCUPANCY means the purpose for which a building is used or intended +to be used. The term also includes the building or room housing such use. +   (25)   ONE SIGN means any number of detached signs structurally connected +above grade. +   (26)   PORTABLE SIGN means any sign that is not securely connected to the +ground in such a way that it cannot easily be moved from one location to +another and that is not an attached sign, vehicular sign, or a sign that refers +solely to the sale or lease of the premises. +   (27)   PREMISE means a lot or unplatted tract that is reflected in the plat +books of the building inspection division of the city. Refer to Section +51A-7.208 of this article. +   (28)   PREMISE SIGN means any sign the content of which relates to the +premises on which it is located, referring exclusively to the following: +      (A)   the name of the owner or occupant of the premises, or the +identification of the premises; +      (B)   accommodations, services, or activities offered or conducted on the +premises; +      (C)   products sold, other than incidentally, on the premises if no more +than 70 percent of the sign is devoted to the advertisement of products by +brand name or symbol; or +      (D)   the sale, lease, or construction of the premises. +   (29)   PRIVATE PROPERTY means any property not dedicated to public use, +except that “private property” does not include the following: +      (A)   A private street or alley. +      (B)   For purposes of interpreting Chapter 51, property on which a +utility and services use, post office, refuse transfer station, or sanitary +landfill is being conducted as a main use. For purposes of interpreting +Chapter 51A, property on which a utility and public service use listed in +Section +51A-4.212 is being conducted as a main use. +      (C)   A railroad right-of-way. +      (D)   A cemetery or mausoleum. +   (30)   PROTECTIVE SIGN means any sign that is commonly associated with +safeguarding the permitted uses of the occupancy, including, but not limited to +“bad dog,” “no trespassing,” and “no solicitors.” +   (30.1)   RESIDENTIAL ZONING DISTRICT means: +      (A)   an A(A), R(A), D(A), TH(A), CH, MF(A), or MH(A) zoning district; or +      (B)   any identifiable portion of a special purpose, conservation, or +planned development district (such as a subarea or subdistrict) that allows +single family, duplex, manufactured home, multifamily (multiple family), or +retirement housing uses. +   (30.2)   SAFE SCHOOL ZONE SIGN means a government sign: +      (A)   to be placed in the public right-of-way at the direction of a +school district; +   ��  (B)   indicating a safe school hotline number, or an alcohol-free, gun- +free, or drug-free zone for a school; and +      (C)   erected to give notice of these zones in order to aid in the +enforcement of state or federal laws involving violation of certain crimes in +proximity of a school. +   (31)   SETBACK means the distance between a sign and the nearest public +right-of-way line. An alley is not considered to be public right-of-way for the +purpose of calculating a setback. Where a public way crosses a railroad right- +of-way, the setback is measured from the public right-of-way line extended +across the railroad right-of-way. +   (32)   SIGN means any device, flag, light, figure, picture, letter, word, +message, symbol, plaque, poster, display, design, painting, drawing, billboard, +wind device, or other thing visible from outside the premise on which it is +located and that is designed, intended, or used to inform or advertise to +persons not on that premise. This definition does not include: +      (A)   searchlights and landscape features that display no words or +symbols; +      (B)   works of art that are not designed, intended or used to advertise; +or +      (C)   temporary holiday decorations. +   (33)   SIGN SUPPORT means any pole, post, strut, cable, or other structural +fixture or framework necessary to hold and secure a sign, providing that said +fixture or framework is not imprinted with any picture, symbol or word using +characters in excess of one inch in height, nor is internally or decoratively +illuminated. +   (34)   SPECIAL PURPOSE SIGN means a sign temporarily supplementing the +permanent signs on a premise. +   (34.1) SUBDIVISION SIGN means a sign that identifies a single family, +duplex, or townhouse residential neighborhood or a business park. +   (35)   VEHICULAR SIGN means any sign on a vehicle moving along the ground or +on any vehicle parked temporarily, incidental to its principal use for +transportation. This definition does not include signs that are being +transported to a site of permanent erection. +   (36)   WIND DEVICE means any flag, banner, pennant, streamer, or similar +device that moves freely in the wind. All wind devices are considered to be +signs, and are regulated and classified as attached or detached, by the same +rules as other signs. +   (37)   WORD: For purposes of this article, each of the following is +considered to be one word: +         (A)   Any word in any language found in any standard unabridged +dictionary or dictionary of slang. +         (B)   Any proper noun or any initial or series of initials. +         (C)   Any separate character, symbol, or abbreviation, such as “&”, +“$”, “%”, and “Inc.”. +         (D)   Any telephone number, street number, or commonly used, +combination of numerals and/or symbols such as “$5.00", or “50%”. +         (E)   Any symbol or logo that is a registered trademark, but which +itself contains no word or character. (Ord. Nos. 19455; 19786; 20343; 20379; +20927; 21186; 21401; 22061; 22392; 24232; 25047; 25455; 27516) +Division 51A-7.200. Provisions For All Zoning Districts. +SEC. 51A-7.201.   APPLICATION OF DIVISION. +   The provisions of this division shall apply to all signs in the city, +without regard to zoning. (Ord. Nos. 19455; 20359) +SEC. 51A-7.202.   IMITATION OF TRAFFIC AND EMERGENCY SIGNS PROHIBITED. +   No person shall cause to be erected or maintained any sign using any +combination of forms, words, colors, or lights, which imitate standard public +traffic regulatory, emergency signs, or signals. (Ord. 19455) +SEC. 51A-7.203.   ROOF AND RIGHT-OF- WAY SIGNS. +   (a)   No sign shall be located on a roof or project over a building, except +as provided in Section +51A-7.305. +   (b)   No sign shall be located within or project over any public right-of- +way, or across the public right-of-way line extended across a railroad right- +of-way, except: +      (1)   Signs attached to and projecting no more than 18 inches from a +building wall legally located at or near the right-of-way line. +      (2)   Subdivision signs that comply with the requirements of Section +51A-7.303, “General Provisions Applicable to Signs in Business Zoning +Districts,” or Section +51A-7.402, “General Provisions Applicable to Signs in Non-Business Zoning +Districts.” +   (c)   Whenever any sign is located in violation of Subsection (b), it is +prima facie evidence that the person whose address or telephone number is +listed on the sign, or who is otherwise named, described, or identified on the +sign, is the person who committed the violation, either personally or through +an agent or employee. +   (d)   It is a defense to prosecution under Subsection (b) that the sign was +authorized or required by another city ordinance, state law, or federal law. +(Ord. Nos. 19455; 20359; 20927; 25455; 26512) +SEC. 51A-7.204.   OTHER CODES NOT IN CONFLICT, APPLICABLE. +   All signs erected or maintained pursuant to the provisions of this article +shall be erected and maintained in compliance with all applicable state laws +and with the building code, electrical code, and other applicable ordinances of +the city. In the event of conflict between this article and other laws, the +most restrictive standard applies. (Ord. 19455) +SEC. 51A-7.205.   ATHLETIC FIELD SIGNS, PORTABLE SIGNS, SPECIAL PURPOSE SIGNS, +MOVEMENT CONTROL SIGNS, AND PROTECTIVE SIGNS. +   (a)   Non-premise athletic field signs. +      (1)   Non-premise athletic field signs are permitted only in special +provision sign districts. +      (2)   Non-premise athletic field signs must be on the same premise as the +athletic field and be attached to a scoreboard or the inside of a fence +surrounding the field. All signs must be oriented toward the field or its +seating areas. +      (3)   The cumulative effective area of all non-premise athletic field +signs attached to a scoreboard may not exceed 240 square feet. +   (b)   Portable signs. Portable signs, as that term is defined in Section +51A-7.102, are prohibited. +   (c)   Reserved. +   (d)   Reserved. +   (e)   Movement control signs. Movement control signs may be erected at any +occupancy or on any premise, other than a single-family or duplex premise, may +be attached or detached, and may be erected without limit as to number, +provided, that such signs shall comply with all other applicable requirements +of this article. No setback is required for a detached movement control sign +that does not exceed two feet in height. Unless granted a variance under the +provisions of Section +51A-7.703, the occupant of a premise may erect a movement control sign only if +the sign: +      (1)   does not exceed two square feet in effective area; +      (2)   conveys a message which directs vehicular or pedestrian movement +within or onto the premise on which the sign is located; +      (3)   contains no advertising or identification message; and +      (4)   has words that do not exceed four inches in height if the sign is +an attached sign. +   (f)   Protective signs. The occupant of a premise may erect not more than +two protective signs, in accordance with the following provisions: +      (1)   Each sign must not exceed 100 square inches in effective area. +      (2)   Detached signs must not exceed two feet in height. +      (3)   Letters must not exceed four inches in height. (Ord. Nos. 19455; +20927; 21798; 21855; 21978; 24232; 27253) +SEC. 51A-7.206.   VEHICULAR SIGNS. +   Vehicular signs shall conform to the following restrictions: +   (a)   Vehicular signs shall contain no flashing or moving elements. +   (b)   Vehicular signs shall have no element with a luminance greater 200 +footlamberts. +   (c)   Vehicular signs shall not project beyond the surface of a vehicle for +a distance in excess of 8 inches. +   (d)   Vehicular signs shall not be attached to a vehicle so that the +driver’s vision is obstructed from any angle. +   (e)   Signs, lights and signals used by authorized emergency vehicles shall +not be restricted. +   (f)   Vehicular signs shall conform to all the regulations for detached +signs if: +      (1)   the vehicular sign is so placed as to constitute a “sign” as +defined in Section +51A-7.102; and +      (2)   the vehicle upon which the sign is located is parked on other than +a temporary basis. +   (g)   The owner of the vehicle upon which a vehicular sign is placed is +responsible for ensuring that the provisions of this section are adhered to and +commits an offense if any vehicular sign on his vehicle violates this section. +If such a vehicleis found unattended or unoccupied, the registered owner of the +vehicle shall be presumed to be the actual owner. The records of the state +highway department or the county highway license department showing the name of +the registered owner of such vehicle shall constitute prima facie evidence of +actual ownership by the named individual. (Ord. 19455) +SEC. 51A-7.207.   GOVERNMENT SIGNS. +   (a)   Except as provided by Subsection (b), nothing in this article shall be +construed to regulate the display of a government sign. +   (b)   Safe school zone signs must satisfy the following requirements. +      (1)   Safe school zone signs must be erected within 600 feet of a school. +      (2)   Safe school zone signs may not exceed five square feet in effective +area. +      (3)   No less than 80 percent of the effective area of a safe school zone +sign must be devoted to a governmental message. +      (4)   No more than 20 percent of the effective area of a safe school zone +sign may be devoted to the identification of a sponsor. (Ord. Nos. 19455; +20927; 22061; 22392) +SEC. 51A-7.208.   CREATION OF SITE. +   The building official shall not issue a permit for construction, erection, +placement, or maintenance of a sign until a site is established in one of the +following ways: +   (a)   A lot is part of a plat which is approved by the commission and filed +in the plat records of the appropriate county. All platted lots must have +frontage, through fee simple ownership, on a dedicated street. +   (b)   A lot was separately owned prior to September 11, 1929 or prior to +annexation or consolidation, and the lot has frontage, through fee simple +ownership, on a dedicated street. +   (c)   A lot is part of an industrial subdivision in which only streets, +easements, and blocks are delineated. The industrial subdivision must be +approved by the commission and filed in the plat records of the appropriate +county. No specific lot delineation is required, but yard, lot and space +requirements will be determined by property lines or lease lines. +   (d)   Tracts that are governed by a detached sign unity agreement in +accordance with Section +51A-7.213. (Ord. Nos. 19455, 21797) +SEC. 51A-7.209.   SIGNS DISPLAYING NONCOMMERCIAL MESSAGES. +   (a)   Notwithstanding any other provision of this article, any sign that may +display a commercial message may also display a noncommercial message, either +in place of or in addition to the commercial message, so long as the sign +complies with other requirements of this article or other ordinances that do +not pertain to the content of the message displayed. +   (b)   Notwithstanding any other provision of this article, or other +ordinance, any sign that may display one type of noncommercial message may also +display any other type of noncommercial message, so long as the sign complies +with other requirements of this article or other ordinances that do not pertain +to the content of the message displayed. +   (c)   Nothing in this article shall be construed to regulate a sign that +contains primarily a political message for which a permit is not required under +Section +51A-7.602. (Ord. Nos. 19455; 25921) +SEC. 51A-7.210.   GENERAL MAINTENANCE. +   (a)   Sign and sign supports must be maintained in a state of good repair +and neat appearance at all times. +   (b)   Revocation of permit. +      (1)   The building official shall revoke, in writing, the sign permit for +a sign if it has for a period of one year: +         (A)   displayed obsolete advertising matter; +         (B)   been without advertising matter; or +         (C)   been damaged in excess of 50 percent of the cost of replacement +of the sign. +      (2)   The owner of the sign is liable to the city for a civil penalty in +the amount of $200 a day for each calendar day that the sign is maintained +without a permit. The building official shall give written notice to the +property owner of the amount owed to the city in civil penalties, and shall +notify the city attorney of any unpaid civil penalty. The city attorney shall +collect unpaid civil penalties in a suit on the city’s behalf. +      (3)   The civil penalty provided for in Paragraph (2) is in addition to +any other enforcement remedy the city may have under city ordinances and state +law. (Ord. Nos. 20359; 24232) +SEC. 51A-7.211.   SIGNS ATTACHED TO STRUCTURES LOCATED ON BUILDINGS. +   (a)   Except as provided in Paragraph (b), no sign may be attached to the +following structures located on a building: +      (1)   Elevator penthouse or bulkhead. +      (2)   Mechanical equipment room. +      (3)   Cooling tower. +      (4)   Tank designed to hold liquid. +      (5)   Ornamental cupola or dome. +      (6)   Skylight. +      (7)   Clerestory. +      (8)   Visual screens which surround roof mounted mechanical equipment. +      (9)   Chimney and vent stacks. +      (10)   Amateur communications tower. +      (11)   Parapet wall over four feet. +      (12)   Storage facility. +   (b)   A sign may be attached to a structure located on a building if the +sign refers exclusively to: +      (1)   the identification of the premise; or +      (2)   a tenant that occupies in excess of 50 percent of the floor area of +the premise. (Ord. 20343) +SEC. 51A-7.212.   STREET CONSTRUCTION ALLEVIATION SIGNS. +   (a)   Definitions. In this section, unless the context clearly indicates +otherwise: +      (1)   CONSTRUCTION means major activity involving on-site excavation, +fabrication, erection, alteration, repair, or demolition that materially alters +or restricts access to a premise. +      (2)   DIRECTOR means the director of transportation of the city or the +director's designated representative, including but not limited to the city's +traffic engineer. +      (3)   ERECT means erect or maintain. +      (4)   OPERATOR means a person who causes a use or business to function or +puts or keeps a use or business in operation. A person need not have an +ownership interest in a use or business to be an “operator” of the use or +business for purposes of this section. +      (5)   OWNER includes any part owner, joint owner, tenant in common, +tenant in partnership, joint tenant, tenant by the entirety, or lessee. +      (6)   SIGN means a sign authorized to be erected or maintained under this +section. +      (7)   STREET means a street more than 85 feet in width, including +frontage roads, if applicable. “Frontage Road” means a frontage, access, or +service road for a freeway or tollway. +   (b)   Purpose. The purpose of this section is to promote the health, safety, +morals, and general welfare of the city in order to lessen the congestion in +the streets; to improve communications efficiency by allowing businesses to +identify themselves and by helping customers to locate these businesses; to +promote the safety of persons and property by reducing the confusion created by +street construction; and to preserve landscape quality by imposing uniform +standards. This section is not intended to apply to temporary minor repairs to +streets. +   (c)   Authority to erect. In addition to any other signs permitted under +this chapter, up to two detached premise signs may be erected on a premise if: +      (1)   the premise contains at least one main use other than a single +family or duplex use; +      (2)   the premise has frontage along that portion of a street under +construction as defined in Subsection (a); and +      (3)   the director has given written notice in accordance with Subsection +(d). +   (d)   Notice required to be given by the director. Whenever the director +determines that construction of a street, as defined in this section, is +imminent, the director shall serve a written notice for the purpose of +authorizing the erection of signs in accordance with this section. The written +notice may be hand-delivered, sent by mail, or published in the official +newspaper of the city. In order to validly authorize a sign under this section, +the notice must: +      (1)   contain a reference to or copy of this section; +      (2)   describe with specificity the portion of the street that is or will +be under construction; +      (3)   contain estimated commencement and completion dates for the +construction; and +      (4)   contain a statement that no sign may be erected or maintained on a +premise: +         (A)   more than five days before the estimated construction +commencement date stated in the notice; or +         (B)   more than five days after the estimated construction completion +date stated in the notice. +   (e)   Time period when sign authorized. This section only authorizes signs +to be placed on property adjacent to that portion of a street described in the +notice given pursuant to Subsection (d) during the time period beginning five +days before the estimated construction commencement date stated in the notice +and ending five days after the estimated construction completion date stated in +the notice. No sign may be erected or maintained on a premise: +      (1)   more than five days before the estimated construction commencement +date stated in the notice; or +      (2)   more than five days after the estimated construction completion +date stated in the notice. +The director may change the time period for erecting and maintaining signs +under this section at any time by giving a new notice in accordance with +Subsection (d). +   (f)   Physical requirements for sign. All signs must comply with the +following paragraphs: +      (1)   No more than two signs may be erected on a premise. No more than +one sign may be erected at any motor vehicle entrance to a premise. +      (2)   No setback is required for a sign; however, no sign may be located +in a public right-of-way. If a sign is placed in a visibility triangle as +defined in Section +51A-4.602(d), it shall be a defense to prosecution under that section that the +sign does not constitute a traffic hazard. +      (3)   The sign must be visible from and oriented towards the street under +construction and have an arrow that directs motorists to a motor vehicle +entrance to the premise. +      (4)   The sign must be a square, with dimensions of four feet by four +feet. It must have a 3- inch border of white reflective sheeting or paint and a +reflective blue background. The text of the sign must consist of reflective +white characters. (Note: It is intended that the requirements of this paragraph +be strictly and precisely complied with.) +      (5)   No sign may exceed eight feet in height. +      (6)   No sign may be a portable sign unless the director determines that +the sign does not constitute a safety hazard. +   (g)   Criminal responsibility. If a sign violates this section and is not +otherwise authorized under the Dallas City Code, a person is criminally +responsible for a sign unlawfully erected or maintained if the person: +      (1)   erects or maintains the sign; +      (2)   is an owner or operator of a use or business to which the sign +refers; or +      (3)   owns part or all of the land on which the sign is located. +   (h)   City may remove signs. The City of Dallas may remove any sign without +liability if the director determines that the sign constitutes a safety hazard, +or if the sign does not comply with this section; however, the City shall not +be liable for failure to remove a sign. (Ord. Nos. 20728; 20927; 25047; 28424; +30239; 30654) +SEC. 51A-7.213.   DETACHED SIGN UNITY AGREEMENTS. +   (a)   The building official may authorize the dissolution of common boundary +lines between lots for the limited purpose of allowing those lots to be +considered one premise for the erection of detached signs, provided that a +written agreement is executed in accordance with this section on a form +provided by the city. +   (b)   The agreement must: +      (1)   contain legal descriptions of the properties sharing the common +boundary line(s); +      (2)   set forth adequate consideration between the parties; +      (3)   state that all parties agree that the properties sharing the common +boundary line(s) may be collectively treated as one lot for the limited purpose +of erecting detached signs; +      (4)   state that the dissolution of the common boundary line(s) described +in the agreement is only for the limited purpose of allowing the erection of +detached signs, and that actual lines of property ownership are not affected; +      (5)   state that it constitutes a covenant running with the land with +respect to all properties sharing the common boundary line(s); +      (6)   state that all parties agree to defend, indemnify, and hold +harmless the city of Dallas from and against all claims or liabilities arising +out of or in connection with the agreement; +      (7)   state that it shall be governed by the laws of the state of Texas; +      (8)   state that it may only be amended or terminated by a subsequent +written instrument that is: +         (A)   signed by an owner of property sharing the common boundary line +(s) or by a lienholder, other than a taxing entity, that has either an interest +in a property sharing the common boundary line(s) or an improvement on such a +property; +         (B)   approved by the building official; +         (C)   approved as to form by the city attorney; and +         (D)   filed and made a part of the deed records of the county or +counties in which the properties are located; +      (9)   be approved by the building official and be approved as to form by +the city attorney; +      (10)   be signed by all owners of the properties sharing the common +boundary line(s); +      (11)   be signed by all lienholders, other than taxing entities, that +have either an interest in the properties sharing the common boundary line(s) +or an improvement on those properties; and +      (12)   be filed and made a part of the deed records of the county or +counties in which the properties are located. +   (c)   The building official shall approve an agreement if all properties +governed by the agreement fully comply with the regulations in this article. +   (d)   An agreement shall not be considered effective until a true and +correct copy of the approved agreement is filed in the deed records in +accordance with this section and two file-marked copies of the agreement are +filed with the building official. +   (e)   An agreement may only be amended or terminated by a written instrument +that is executed in accordance with this subsection on a form provided by the +city. The instrument must be: +      (1)   signed by an owner of property sharing the common boundary line(s) +or by a lienholder, other than a taxing entity, that has either an interest in +a property sharing the common boundary line(s) or an improvement on such a +property; +      (2)   approved by the building official; +      (3)   approved as to form by the city attorney; and +      (4)   filed and made a part of the deed records of the county or counties +in which the properties are located. +The building official shall approve an instrument amending or terminating an +agreement if all properties governed by the agreement fully comply with the +regulations in this article. The amending or terminating instrument shall not +be considered effective until it is filed in the deed records in accordance +with this subsection and two file-marked copies are filed with the building +official. +   (f)   No detached non-premise sign may be erected or maintained on a +property that is described in an agreement executed in accordance with this +section. (Ord. 21797) +SEC. 51A-7.214.   CITY KIOSKS. +   (a)   In this section, CITY KIOSK means a multi-sided structure for the +display of premise signs, non-premise signs, informational signs, or way- +finding maps pursuant to a city-approved kiosk program. +   (b)   City kiosks may be located in any part of the city authorized by the +city-approved kiosk program, including all special provision sign districts, +except that city kiosks may not be located in the Victory Sign District +(including the “TXU tract” generally bounded by the Victory Sign District on +the north, east, and south and bounded by I-35 on the west) or the West Village +Sign District. City kiosks in special provision sign districts are not required +to comply with the provisions of the special provision sign district, but must +comply with the provisions of the city-approved kiosk program. Kiosks in +special provision sign districts that are not part of the city-approved kiosk +program remain subject to the provisions of the special provision sign +district. +   (c)   Nothing in this article shall be construed to regulate the display of +signs on city kiosks, except that city kiosks must comply with the city- +approved kiosk program. (Ord. 26082) +SEC. 51A-7.215.   ANIMAL SHELTER SIGN. +   (a)   In this section, ANIMAL SHELTER SIGN means a sign located on the same +lot as a city-operated animal shelter and used for the display of premise and +non-premise messages. +   (b)   Except as provided in this section, an animal shelter sign must comply +with this article. +   (c)   The animal shelter sign: +      (1)   may not be a Highway Beautification Act (HBA) sign; +      (2)   may not exceed 50 feet in height measured from grade; +      (3)   must be located at least 1,500 feet from a residential district; +      (4)   may not have an effective area in excess of 936 square feet; +      (5)   must have at least one static panel with a minimum effective area +of 128 square feet that identifies the animal shelter; and +      (6)   must have a changeable message portion of the sign that uses LED/ +LCD technology with a maximum effective area of 672 square feet. The message or +picture on the changeable message portion of the sign may not change more than +once every eight seconds. At least 15 percent of the advertising time during +each advertising cycle on the changeable message portion of the sign must +display photos of animals available for adoption at the animal shelter or +provide information about events being held or services being offered at the +animal shelter. +   (d)   An animal shelter sign may not be relocated to another premise. (Ord. +27097) +SEC. 51A-7.216.   DIGITAL DISPLAY ON CERTAIN PREMISE SIGNS. +   (a)   Effective area. The effective area of digital display may not exceed +50 square feet or 50 percent of the total effective area of the sign as allowed +in the provisions for the respective zoning district, whichever is greater. +   (b)   Display. +      (1)   All digital displays signs must automatically adjust the sign +brightness so that the brightness level of the sign is no more than 0.3 +footcandles over ambient light conditions at a distance that is equal to the +square root of the effective area multiplied by 100 from the sign. A digital +display sign must be equipped with both a dimmer control and a photocell that +automatically adjusts the display's intensity according to natural ambient +light conditions. +      (2)   A digital display may not increase the light level on a lot in a +residential district over ambient conditions without the digital display, +measured in footcandles at the point closest to the sign that is five feet +inside the residential lot and five feet above the ground. +      (3)   Before the issuance of a digital display sign permit, the applicant +shall provide written certification from the sign manufacturer that: +         (A)   the light intensity has been factory programmed to comply with +the maximum brightness and dimming standards in this subsection; and +         (B)   the light intensity is protected from end-user manipulation. +   (c)   Change of message. Changes of message must comply with the following: +      (1)   Each message must be displayed for a minimum of 20 seconds in +business zoning districts and 20 minutes in non-business zoning districts. +      (2)   Changes of message must be accomplished within two seconds. +      (3)   Changes of message must occur simultaneously on the entire sign +face. +      (4)   No flashing, dimming, or brightening of message is permitted except +to accommodate changes of message. +   (d)   Compliance. All nonconforming digital display premise signs must come +into compliance with Paragraphs (b)(1)-(2) and Subsection (c) by August 26, +2016. The owner of a digital display premise sign may appeal to the board of +adjustment for a later compliance date at any time up to the compliance date in +this subsection if the owner will not be able to recover his investment in the +sign (up to the date of nonconformance) by the compliance date in this +subsection. The fee for the appeal of the compliance date is the same as the +fee for a nonresidential special exception before the board of adjustment as +set forth in Chapter 51A. (Ord. 29839) +Division 51A-7.300. Provisions For Business Zoning Districts. +SEC. 51A-7.301.   APPLICATION OF DIVISION. +   The provisions of this division apply to all signs in business zoning +districts, except that attached signs within 100 feet of either private +property in a non-business zoning district or a public park of more than one +acre shall be governed by the provisions of Division +51A-7.400 of this article. (Ord. Nos. 19455; 20007; 20379; 25786) +SEC. 51A-7.302.   RESERVED. +(Ord. 25786) +SEC. 51A-7.303.   GENERAL PROVISIONS APPLICABLE TO SIGNS IN BUSINESS ZONING +DISTRICTS. +   (a)   No illuminated sign which has an effective area of 400 square feet or +less shall have a luminance greater than 300 footlamberts, nor shall any such +sign have a luminance greater than 300 footlamberts for any portion of the sign +within a circle two feet in diameter. No illuminated sign which has an +effective area greater than 400 square feet shall have a luminance greater than +200 footlamberts, nor shall any such sign have a luminance greater than 200 +footlamberts for any portion of the sign within a circle of two feet in +diameter. The restrictions of luminance in this section shall be determined +from any other premise or from any public right-of-way other than an alley. +   (b)   No illuminated sign nor any illuminated element of any sign, may turn +on or off, or change its brightness, if: +      (1)   the change of illumination produces an apparent motion of the +visual image, including but not limited to illusion of moving objects, moving +patterns or bands of light, expanding or contracting shapes, rotation or any +similar effect of animation; +      (2)   the change of message or picture occurs more often than once each +three seconds for those portions of a sign which convey time or temperature, or +once each 20 seconds for all other portions of a sign; or +      (3)   a portion of the sign, within a circle of two feet in diameter, has +a luminance greater than 200 footlamberts when all elements of the sign are +fully and steadily illuminated. +   (c)   No sign or any part of any sign may move or rotate at a rate more +often than once each 10 seconds, or change its message at a rate more often +than once each 20 seconds, with the exception of wind devices, the motion of +which is not restricted. No sign may move, rotate or change its message at any +rate if any of its elements or any illuminated portion within a two-foot circle +has a luminance greater than 200 footlamberts. +   (d)   Subdivision signs are subject to the following restrictions: +      (1)   Subdivision signs are exempt from compliance with the provisions of +Section +51A-7.304, “Detached Signs,” of this article. +      (2)   The maximum effective area of each subdivision sign may not exceed +40 square feet. +      (3)   The maximum number of subdivision signs permitted is two signs per +street entrance into the business park. +      (4)   Subdivision signs may not project more than three inches from the +surface of the structure. +      (5)   Subdivision signs may not be internally illuminated. +      (6)   The highest part of a subdivision sign may not exceed six feet in +height. +      (7)   Subdivision signs must be landscape signs or monument signs. For +purposes of this subsection, “landscape sign” means a sign that is part of a +single landscape design that creates a base for the sign in conjunction with a +retaining wall or an open space created with the use of water or planting +material, and “monument sign” means a detached sign applied directly onto a +ground-level support structure (instead of a pole support) with no separation +between the sign and the ground. +      (8)   Subdivision signs may be located within the public right-of-way if +a license for use of the public right-of-way is obtained pursuant to the +requirements of the Dallas City Code. +      (9)   Subdivision signs may only contain the name of the business park. +      (10)   The application for a subdivision sign permit must be supported by +the owner of property abutting the proposed subdivision sign, if any, and two- +thirds of the property owners within 300 feet of the proposed subdivision sign. +(Ord. Nos. 19455; 19704; 20359; 20495; 20927; 24232; 25455) +SEC. 51A-7.304.   DETACHED SIGNS. +   Detached signs are permitted in business zoning districts as follows: +   (a)   Definitions. In this section: +      (1)   EFFECTIVE-AREA-TO-HEIGHT RATIO means the ratio of the effective +area of a sign to its height. For example, a sign with an effective area of 50 +square feet and a height of 25 feet has an effective-area-to-height ratio of 2: +1. +      (2)   MONUMENT SIGN means a detached sign applied directly onto a ground- +level support structure (instead of a pole support) with no separation between +the sign and the ground, or mounted on a fence. +      (3)   MULTI-TENANT SIGN means a detached sign that advertises two or more +businesses on a single premise. +      (4)   NON-MONUMENT SIGN means a detached sign that is not a monument +sign. +      (5)   SETBACK-TO-HEIGHT SLOPE is a plane projected upward and inward from +a point of beginning located at the property line 7.5 feet above a level plane +going through the nearest point of the vehicular traffic surface of the +adjacent improved public right-of-way other than an alley and extending +infinitely, as illustrated below. A .5:1 setback-to-height slope moves one-half +foot away from the point of beginning for every one foot the slope rises, +resulting in a 63.4349 degree slope. A 1:1 setback-to-height slope moves one +foot away from the point of beginning for every one foot the slope rises, +resulting in a 45 degree slope. A 2:1 setback-to-height slope moves two feet +away from the point of beginning for every one foot the slope rises, resulting +in a 26.5651 degree slope. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-103.png] +      (6)   SINGLE-TENANT SIGN means a detached sign that advertises only one +business. +      (7)   UNITY-AGREEMENT SIGN means a detached sign erected under a detached +sign unity agreement pursuant to Section +51A-7.213. +   (b)   General regulations applicable to all detached signs. +      (1)   Except as provided in Section +51A-7.306(a), detached signs must be premise signs. +      (2)   No portion of a detached sign may be located above a residential +proximity slope. See Section +51A-4.412. +      (3)   Non-monument signs are not allowed within 250 feet of either +private property in a non-business zoning district or a public park of more +than one acre. The board of adjustment may grant a special exception to this +provision when, in the opinion of the board, the special exception will not +adversely affect neighboring property. +      (4)   Only one detached sign is allowed per street frontage other than +expressways. One expressway sign is allowed for every 450 feet of frontage or +fraction thereof on an expressway. +      (5)   Detached signs on the same premise must be at least 200 feet apart. +      (6)   All of the premises operating under a detached sign unity agreement +may together have only one unity-agreement sign per street frontage, but each +premise operating under that detached sign unity agreement may have one single- +tenant monument sign. +      (7)   Detached signs may not be placed in a visibility triangle. See +Section +51A-4.602(d). +      (8)   The support structure for monument signs must be constructed of +concrete, metal, or masonry; wood is prohibited. The board of adjustment may +grant a special exception to this provision when, in the opinion of the board, +an alternative material will be as durable as concrete, metal, or masonry. This +provision does not control the material used for the sign itself. +      (9)   Measurements of distance under this section are taken radially +unless otherwise specified. “Radial” measurement is measurement taken along the +shortest distance between a sign or proposed sign location and the nearest +point of the object. +      (10)   The effective area of a sign attached to a fence is the effective +area of the sign only, not the area of the entire fence. +   (c)   Regulations applicable to single-tenant signs. +      (1)   Setback. +         (A)   Monument signs. There is no minimum setback for a single-tenant +monument sign. +         (B)   Non-monument signs. The minimum setback for a single-tenant non- +monument sign is 15 feet. +      (2)   Height. The height of a single-tenant sign may not exceed a 2: +1 setback-to-height slope or 35 feet, whichever is less. +      (3)   Effective area. The effective area of a single-tenant sign may not +exceed an 8:1 effective-area-to-height ratio or 200 square feet, whichever is +less. +   (d)   Regulations applicable to multi-tenant signs. +      (1)   Setback. +         (A)   Monument signs. The minimum setback for a multi-tenant monument +sign is five feet. +         (B)   Non-monument signs. The minimum setback for a multi-tenant non- +monument sign is 15 feet. +      (2)   Height. The height of a multi-tenant sign may not exceed a 1: +1 setback-to-height slope or 35 feet, whichever is less. +      (3)   Effective area. +         (A)   Monument signs. The effective area of a multi-tenant monument +sign may not exceed a 10:1 effective-area-to-height ratio or 200 square feet, +whichever is less. +         (B)   Non-monument signs. The effective area of a multi-tenant non- +monument sign may not exceed a 5:1 effective-area-to-height ratio or 200 square +feet, whichever is less. +      (4)   Address required. A multi-tenant sign must contain the address of +the premise. +   (e)   Regulations applicable to unity-agreement signs. +      (1)   Applicability. This subsection controls over Subsections (c) and +(d) of this section. +      (2)   Setback. +         (A)   Monument signs. The minimum setback for a unity-agreement +monument sign is five feet. +         (B)   Non-monument signs. The minimum setback for a unity-agreement +non-monument sign is 15 feet. +      (3)   Height. The height of a unity-agreement sign may not exceed a .5: +1 setback-to-height slope or 35 feet, whichever is less. +      (4)   Effective area. The effective area of a unity-agreement sign may +not exceed a 10:1 effective-area-to-height ratio or 200 square feet, whichever +is less. +   (f)   Regulations applicable to expressway signs. +      (1)   Applicability. This subsection controls over Subsections (c), (d), +and (e) of this section. +      (2)   Setback, height, and effective area generally. +         (A)   An expressway sign with a minimum setback of five feet may have +a maximum height of 20 feet and maximum effective area of 50 square feet. +         (B)   An expressway sign with a minimum setback of 15 feet may have a +maximum height of 30 feet and a maximum effective area of 150 square feet. +         (C)   An expressway sign with a minimum setback of 25 feet may have a +maximum height of 40 feet and a maximum effective area of 400 square feet. +         (D)   The height of an expressway sign may be extended to 50 feet, or +to 30 feet above the nearest point on the nearest travel surface of the nearest +expressway or new expressway, whichever is higher, if the total height of the +sign does not exceed 60 feet above the ground at the base of the sign. +      (3)   Setback, height, and effective area of unity-agreement expressway +signs. +         (A)   A unity-agreement expressway sign with a minimum setback of five +feet may have a maximum height of 30 feet and a maximum effective area of 150 +square feet. +         (B)   A unity-agreement expressway sign with a minimum setback of 15 +feet may have a maximum height of 40 feet and a maximum effective area of 250 +square feet. +         (C)   A unity-agreement expressway sign with a minimum setback of 25 +feet may have a maximum height of 50 feet and a maximum effective area of 450 +square feet. +         (D)   The height of a unity-agreement expressway sign may be extended +to 50 feet, or to 30 feet above the nearest point on the nearest travel surface +of the nearest expressway or new expressway, whichever is higher, if the total +height of the sign does not exceed 60 feet above the ground at the base of the +sign. (Ord. Nos. 19455; 20927; 21186; 21455; 21797; 21798; 24232; 25786; 25814; +26082; 29024) +SEC. 51A-7.305.   ATTACHED SIGNS. +   Attached signs are permitted in business areas in accordance with the +following provisions: +   (a)   Except as otherwise permitted under Sections 51-4.213(25), 51-4.217(b) +(5), +51A-4.206(1), and +51A-4.217(b)(9), all attached signs must be premise signs or convey a +noncommercial message. +   (b)   All signs and their words shall be mounted parallel to the building +surface to which they are attached, and shall project no more than 18 inches +from that surface except as provided in Subsection (e) below. +   (c)   On the primary facade, the combined effective area of all attached +signs may not exceed 25 percent of the total area of the primary facade. On +each secondary facade, the combined effective area of all attached signs may +not exceed 15 percent of the total area of that secondary facade. As applied to +a building with multiple occupants, the facade area of each use with a separate +certificate of occupancy shall be treated as a separate facade. On any building +facade, there may be a maximum of eight words which contain any character of a +height equal to or exceeding four inches and pertain to any premise or any non- +residential occupancy. Words consisting of characters less than four inches +high may be used without limit. +   (d)   The combined effective area of all signs attached to any window or any +glass door may not exceed 15 percent of the area of that window or that glass +door. Signs in the upper two-thirds of a window or glass door are prohibited. +Signs attached to a window or a glass door must be brought into compliance with +this provision by September 25, 2008. +   (e)   Attached signs may project more than 18 inches from vertical building +planes as follows: +      (1)   Any premise or any non-residential occupancy may erect not more +than one attached sign projecting up to a maximum of four feet from a vertical +building plane, but not above the roof, provided that the premise or occupancy +maintains no detached sign on the premise, and that the sign does not exceed 20 +square feet in effective area, and that no part of the sign descends closer to +grade than 10 feet, nor projects into or over any public right-of-way. +      (2)   On any premise or non-residential occupancy, a sign may be erected +at the eaves or edge of the roof or on a parapet or edge of a canopy; provided, +that the sign is parallel to the vertical building plane, and does not project +more than four feet above the surface to which it is attached. +      (3)   Any premise or non-residential occupancy may erect one attached +sign projecting up to a maximum of four feet from a vertical building plane if: +         (A)   the sign does not exceed 60 square feet in effective area; +         (B)   no single face of a three-dimensional sign exceeds 60 square +feet; +         (C)   the attached sign is not above the highest point of a facade; +         (D)   no part of the sign descends closer to grade than 10 feet; +         (E)   the sign does not project into or over any public right-of-way; +and +         (F)   the contents of the sign are limited to a registered trademark +or logo that contains no word or character. +   (f)   Words may be attached to machinery or equipment which is necessary or +customary to the business, including but not limited to devices such as +gasoline pumps, vending machines, ice machines, etc., provided that words so +attached refer exclusively to products or services dispensed by the device, +consist of characters no more than four inches in height, and project no more +than one inch from the surface of the device. (Ord. Nos. 19455; 20927; 21978; +24232; 27244; 27253; 29024) +SEC. 51A-7.306.   DETACHED NON- PREMISE SIGNS PROHIBITED GENERALLY. +   (a)   No person may erect or maintain a detached non-premise sign in the +city. It is a defense to prosecution under this subsection that the sign: +      (1)   is a nonconforming use; +      (2)   is a special purpose sign, movement control sign, protective sign, +or vehicular sign as defined in this article; +      (3)   is a sign that contains primarily a political message for which a +permit is not required under Section +51A-7.602; +      (4)   is in a special provision sign district or planned development +district and expressly authorized by and in full compliance with the ordinances +establishing and amending that district; +      (5)   was lawfully relocated pursuant to Section +51A-7.307; +      (6)   is expressly authorized by and in full compliance with a valid +order of the court or board of adjustment; or +      (7)   is a sign adverting an occasional sale (garage sale) pursuant to +Sections 51-4.217(b)(5) or +51A-4.217(b)(9). +   (b)   A lawfully erected detached non-premise sign in a special provision +sign district or planned development district shall be considered a legal (as +opposed to non-conforming) use if it is expressly authorized by and in full +compliance with the ordinances establishing and amending that district. (Ord. +Nos. 19455; 19766; 19786; 20360; 20927; 21663; 22392; 24232; 25921; 29024) +SEC. 51A-7.307.   RELOCATION OF CERTAIN DETACHED NON-PREMISE SIGNS. +   (a)   In general. Non-conforming detached non-premise signs located on or +overhanging a parcel of land acquired by a governmental entity may be relocated +subject to the restrictions in this section. +   (b)   Application. The owner of the sign and the governmental entity must +sign a relocation application. The owner of the sign must submit the relocation +application within one year after the sign is actually removed from the parcel +of land pursuant to a request of the governmental entity. The relocation must +be completed within one year after approval of the relocation application. +   (c)   Compliance required. Except as provided in this section, relocated +signs must fully comply with the size, height, spacing, setback, and other +restrictions in this article. +   (d)   Relocation to remainder. +      (1)   All relocated signs must be relocated on the remainder of the tract +from which the parcel of land was acquired unless relocating to the remainder +is not possible for reasons such as: +         (A)    there is no remainder; +         (B)   the sign owner is unable to obtain an agreement from the +property owner of the remainder; or +         (C)   the remainder is not of sufficient size or suitable +configuration to allow the relocated sign to be as visible as the original sign +from the nearest main traveled thoroughfare. +      (2)   Signs relocated to a remainder may not be less conforming than the +original sign, but must comply with the spacing requirements of Paragraphs (e) +(12) and (e)(13). +      (3)    All signs located on a railroad right-of-way must be relocated +within that same railroad right-of-way. Relocated signs must be relocated +within 500 feet of their original location unless possible locations are not of +a suitable size or configuration or are otherwise unusable. Signs that have +been relocated within 500 feet of their original location may not be less +conforming than the original sign. If a sign cannot be relocated within 500 +feet of its original location, it can be relocated anywhere in that same +railroad right-of-way, but must fully comply with the size, height, spacing, +setback, and other restrictions in this article. +   (e)   Restrictions on relocations. +      (1)   A sign may not be relocated within 1,000 feet of a new expressway. +      (2)   A sign may not be relocated within 100 feet of an expressway unless +it was originally located within 100 feet of an expressway or new expressway. +      (3)   A sign message on a relocated sign may not be oriented to be +visible from a new expressway. +      (4)   A sign message on a relocated sign may not be oriented to be +visible from an expressway unless it was originally oriented to be visible from +an expressway or new expressway. +      (5)   A non-HBA sign must be relocated at least 500 feet from another +non-premise sign. +      (6)   An HBA sign must be relocated at least 500 feet from another non- +premise sign on the same side of the expressway. +      (7)   No more than one relocation is permitted between the sites or +former sites of non-premise signs that existed on April 26, 2000 unless the +distance between the sites or former sites in feet equals or exceeds the number +of relocated signs multiplied by 1,500. +      (8)   A relocated sign may not have a greater effective area than it had +at its original location, except that the effective area of multiple relocated +signs may be combined, provided that: +         (A)   the overall number of signs within the city is reduced; +         (B)   the effective area of the combined sign is equal to or less than +the sum of the effective area of the individual signs; and +         (C)   except as provided in Paragraph (g)(3), the effective area does +not exceed 400 square feet for a combined non-expressway sign or 672 square +feet for a combined expressway sign. +For purposes of this paragraph, the effective area of a relocated sign does not +include the sign skirting if no part of the sign message appears on the +skirting other than the name of the sign company. +      (9)   Two one-faced signs may be relocated to create one two-faced sign, +provided that: +         (A)   the two faces are oriented within 60 degrees of one another; and +         (B)   except as provided in Paragraph (g)(3), the effective area does +not exceed 400 square feet for a combined non-expressway sign or 672 square +feet for a combined expressway sign. +This paragraph controls over Paragraphs (5) and (6). +      (10)   All relocated signs must be built to comply with the building +code. +      (11)   A sign may not be relocated until demolition and other required +permits have been applied for and approved by the city. +      (12)   A sign may not be relocated within 2,000 feet of the Trinity +River, measured from the center line of the Trinity River. For purposes of this +paragraph, the term “Trinity River” means the portion of the river south of the +confluence of the Elm and West forks as depicted on the most recent version of +the flood insurance rate maps published by the Federal Emergency Management +Agency. +      (13)   A sign may not be relocated within 500 feet of a historic +district, public park, city-owned lake, or the escarpment zone or geologically +similar areas. +      (14)   A non-HBA sign may not be relocated within 500 feet of a non- +business or residential zoning district. +      (15)   An HBA sign may not be relocated within 300 feet of a non-business +or residential zoning district. +      (16)   A sign may not be relocated within 200 feet of any intersection +involving: +         (A)   two or more arterials; +         (B)   an expressway frontage road and an arterial; or +         (C)   expressway travel lanes or ramps. +      (17)   No new properties, such as electrical, mechanical, or LED, may be +added to a relocated sign. (For example, a non-illuminated sign may not be +converted to an illuminated sign, and a plain billboard may not be converted to +a digital or tri-vision sign.) +   (f)   Relocated expressway signs. +      (1)   A relocated expressway sign may exceed the effective area in +Subsection (g). A relocated expressway sign may not have an effective area that +exceeds 672 square feet. +      (2)   A relocated expressway sign must have a setback of at least 40 feet +from the nearest expressway travel lane and at least five feet from the nearest +public right-of-way but may not be relocated more than 200 feet from the +expressway right-of-way. +      (3)   The effective area of a relocated expressway sign does not include +extensions of the sign face if: +         (A)   the extensions do not collectively exceed 20 percent of the +original area of the sign face; and +         (B)   no individual extension exceeds 80 percent of the original +length or 50 percent of the original height of the sign face. +      (4)   The height of a relocated expressway sign may not exceed an overall +height of 50 feet, or 42.5 feet above the nearest point on the nearest travel +surface of the nearest expressway or new expressway, whichever is higher, if +the total height of the sign does not exceed 80 feet above the ground at the +base of the sign. +   (g)   Limitations on size. Except as provided in Subsection (f): +      (1)   a relocated sign with an effective area of 72 square feet or less +may not exceed 20 feet in height; and +      (2)   a relocated sign with an effective area greater than 72 square feet +may not exceed 400 square feet in effective area or 30 feet in height. +      (3)   A relocated sign in a CR, RR, MU-1, MU- 1(SAH), MU-2, MU-2(SAH), +MC-1, or MC-2 zoning district, or in an SC or GR subdistrict of a PD district, +may not exceed 72 square feet in effective area or 20 feet in height. This +provision controls over Paragraphs (1) and (2). +   (h)   Measurements. Measurements of distance under this section pertaining +to minimum separation between signs are linear unless otherwise specified in +the provision. A “linear” measurement is taken from a sign or proposed sign +location to the nearest point on another sign. Measurements of distance under +this section pertaining to minimum distance from zoning districts or locations +are taken radially unless otherwise specified in the provision. “Radial” +measurement is a measurement taken along the shortest distance between a sign +or proposed sign location and the nearest point of a private property line in a +restricted zoning district or location. +   (i)   Specific use permit. The city council may grant a specific use permit +to: +      (1)   authorize a detached non-premise sign to have lesser spacing than +that required in Paragraphs (e) (12), (13), (14) or (15); or +      (2)   allow the relocation of an HBA sign or an expressway sign to an LO +(A), MO(A), or GO(A) district. +For more information regarding specific use permits, see Section +51A-4.219. (Ord. Nos. 24232; 27516) +SEC. 51A-7.308.   DIGITAL DISPLAY ON CERTAIN DETACHED NONPREMISE SIGNS. +   (a)   In general. Certain nonconforming detached non-premise signs may be +modified to use digital display technology subject to the restrictions in this +section. +   (b)   Application. The owner of the sign must submit a digital display sign +permit application for a face modification. After the building official +approves the digital display sign permit, the owner must apply for a demolition +permit to remove sign face area in accordance with Subsection (d). The owner +must complete demolition of sign face according to the applicable ratio in +Subsection (d) before the sign face is modified. +   (c)   Compliance required. +      (1)   Except as provided in this section, digital display signs must +fully comply with the size, height, spacing, setback, and other restrictions in +this article for detached non-premise signs. +      (2)   Digital display sign support structures must be built to comply +with the building code. +      (3)   Digital display signs must comply with Title 43 Texas +Administrative Code Section 21.163, “Electronic Signs,” as amended. +      (4)   Both existing and new digital signs must comply with all lighting +and safety standards mandated by federal, state, or local rules or statutes, +including standards adopted or amended after the date of passage of these +requirements. Lighting and safety standards include brightness; message +duration; and proximity of the sign to other digital displays, ramps, and +interchanges. +   (d)   Sign face exchange ratio. +      (1)   Except as provided in Paragraph (2), for every one square foot of +sign face modified to use digital display technology, three square feet of +detached non-premise sign face area must be removed from within the city. +         (A)   To receive credit for the area of a conventional face removed, +the conventional sign face removed must result in elimination of a sign +structure (if a face is removed from a structure, the entire structure must be +removed). +         (B)   At least one structure removed must be within a five mile radius +of the conventional face being converted. +         (C)   No credit is given for the area of the conventional face removed +to convert to a digital display. +         (D)   Removal of sign face area must be completed before modification +of sign area to use digital display technology. +      (2)   A company holding a valid state advertising license and that +maintains 61 or fewer registered expressway non-premise signs on January 1, +2011 shall be allowed one sign face modification without complying with +Paragraph (1). The new digital sign face may be no larger than the preexisting +conventional sign face. Any subsequent modifications must comply with Paragraph +(1). +   (e)   Location and number. +      (1)   A maximum of 50 non-premise locations with digital displays are +permitted in the city. The director shall time stamp all applications upon +receipt. The director shall review applications in order of submittal. If the +director determines that an application is incomplete or does not meet the +requirements of this section, the director shall reject the application and +then review the next application. If the initial number of applications exceeds +the number of permits available, the director shall provide for a lottery to +distribute the permits. +      (2)   Digital display signs may only be expressway signs. +      (3)   For support structures with only one digital display sign, signs +must be located a minimum of 1,500 feet from any other digital display sign +oriented to the same traffic direction along the main travel lanes of the +expressway, measured linearly. For support structures with two digital display +signs, signs must be located a minimum of 2,000 feet from any other digital +display sign along the same expressway, measured linearly. +      (4)   Digital display signs may not be located within 300 feet of any lot +located in a residential district, measured radially. +      (5)   Digital display signs may not be located within 2,000 feet of the +Trinity River, measured from the center line of the Trinity River. For purposes +of this paragraph, the term “Trinity River” means the portion of the river +south of the confluence of the Elm and West Forks as depicted on the most +recent version of the flood insurance rate maps published by the Federal +Emergency Management Agency. +      (6)   Digital display signs may not be located within 500 feet of a lot +in a historic district. +      (7)   Digital display signs may not be located within 500 feet of an +escarpment zone. +   (f)   Digital display sign support structures. +      (1)   Digital display sign support structures may not exceed an overall +height of 50 feet or 42.5 feet above the nearest point on the nearest travel +surface of the nearest expressway, whichever is higher, except that no digital +display sign may be higher than the conventional sign it replaced. +      (2)   On support structures with two sign faces: +         (A)   If existing faces are pivoted at an angle of 10 degrees or +greater from each other and toward the main travel lanes of an expressway, one +or both sign faces may be converted to digital display. +         (B)   If existing faces are pivoted at an angle of less than 10 +degrees, only one face may be converted to a digital display. The other sign +face must be removed. +      (3)   Sign support structures and faces being converted to accommodate +digital displays may not be modified to change the angle of a sign face. +      (4)   Electrical service to sign support structures with digital displays +must be underground between the property line and the sign. +   (g)   Display. +      (1)   All digital displays signs must automatically adjust the sign +brightness so that the brightness level of the sign is no more than 0.3 +footcandles over ambient light conditions at a distance of 250 feet from the +sign. A digital display sign must be equipped with both a dimmer control and a +photocell that automatically adjusts the display’s intensity according to +natural ambient light conditions. +      (2)   A digital display may not increase the light level on a lot in a +residential district over ambient conditions without the digital display, +measured in footcandles at the point closest to the sign that is five feet +inside the residential lot and five feet above the ground. +      (3)   Before the issuance of a digital display sign permit, the applicant +shall provide written certification from the sign manufacturer that: +         (A)   the light intensity has been factory programmed to comply with +the maximum brightness and dimming standards in this subsection; and +         (B)   the light intensity is protected from end-user manipulation by +password-protected software or other method satisfactory to the building +official. +   (h)   Change of message. Changes of message must comply with the following: +      (1)   Each message must be displayed for a minimum of eight seconds. +      (2)   Changes of message must be accomplished within two seconds. +      (3)   Changes of message must occur simultaneously on the entire sign +face. +      (4)   No flashing, dimming, or brightening of message is permitted except +to accommodate changes of message. +   (i)   Malfunction. Digital display sign operators must respond to a +malfunction or safety issue within one hour after notification and must remedy +that malfunction or safety issue within 12 hours after notification. In case of +sign malfunction, the digital display must freeze until the malfunction is +remedied. +   (j)   Display of emergency information. The city may exercise its police +powers to protect public health, safety, and welfare by requiring emergency +information to be displayed on digital display signs. Upon notification, the +sign operators shall display: Amber Alerts, Silver Alerts, information +regarding terrorist attacks, natural disasters, and other emergency situations +in appropriate sign rotations. Emergency information messages must remain in +rotation according to the issuing agency’s protocols. +   (k)   Sunset. The director shall issue no permits after August 31, 2015, +unless that date is extended by ordinance before that date. The city plan +commission and city council shall review this section before August 31, 2015. +(Ord. Nos. 28238; 29393; 29557) +Division 51A-7.400. Provisions for Non-Business Zoning Districts. +SEC. 51A-7.401.   APPLICATION OF DIVISION. +   The provisions of this division apply to all signs located: +      (1)   in any non-business zoning district; +      (2)   within 100 feet of private property in a non-business zoning +district; or +      (3)   within 100 feet of a public park of more than one acre. (Ord. Nos. +19455; 20007; 20379) +SEC. 51A-7.402.   GENERAL PROVISIONS APPLICABLE TO SIGNS IN NON-BUSINESS ZONING +DISTRICTS. +   (a)   No portion of an illuminated sign shall have a luminance greater than +200 foot lamberts. +   (b)   Except for wind devices, no sign nor part of any sign in a non- +business zoning district shall move, flash, rotate, or change its illumination +more than once an hour. +   (c)   Except as otherwise permitted under Sections 51-4.213(25) or (26), 51- +4.217(b)(5), +51A-4.206(1) or (3), and +51A-4.217(b)(9), an occupant in non-business zoning districts may erect only +signs that convey a noncommercial message, special purpose signs, and premise +signs, which include movement control signs and protective signs. +   (d)   Subdivision signs are subject to the following restrictions: +      (1)   Subdivision signs are exempt from compliance with the provisions of +Section +51A-7.403, “Detached Signs,” of this article. +      (2)   The maximum effective area of each subdivision sign may not exceed +40 square feet. +      (3)   The maximum number of subdivision signs permitted is two signs per +street entrance into the residential neighborhood. +      (4)   Subdivision signs may not project more than three inches from the +surface of the structure. +      (5)   Subdivision signs may not be internally illuminated. +      (6)   The highest part of a subdivision sign may not exceed six feet in +height. +      (7)   Subdivision signs must be landscape signs or monument signs. For +purposes of this subsection, “landscape sign” means a sign that is part of a +single landscape design that creates a base for the sign in conjunction with a +retaining wall or an open space created with the use of water or planting +material, and “monument sign” means a detached sign applied directly onto a +ground-level support structure (instead of a pole support) with no separation +between the sign and the ground. +      (8)   Subdivision signs may be located within the public right-of-way if +a license for use of the public right-of-way is obtained pursuant to the +requirements of the Dallas City Code. +      (9)   Subdivision signs may only contain the name of the single family, +duplex, or townhouse residential neighborhood. +      (10)   The application for a subdivision sign permit must be submitted by +a homeowners association. +      (11)   The application for a subdivision sign permit must be supported by +the owner of property abutting the proposed subdivision sign, if any, and two- +thirds of the property owners within 300 feet of the proposed subdivision sign. +(Ord. Nos. 19455; 20927; 24232; 24270; 25455; 29024) +SEC. 51A-7.403.   DETACHED SIGNS. +   (a)   A multifamily or non-residential premise may display detached signs +subject to the following restrictions: +      (1)   TYPE OF SIGNS: A sign permitted by this subsection must: +         (A)   be a premise sign; or +         (B)   convey a noncommercial message. +      (2)   NUMBER OF SIGNS: Each premise may have one detached sign for each +600 feet, or fraction thereof, of frontage along a public way, other than an +alley. +      (3)   SETBACK: A sign permitted by this subsection must comply with the +following setback requirements: +         (A)   A minimum setback of five feet is required of all detached +signs. +         (B)   A minimum setback of 10 feet is required for signs exceeding 10 +square feet in effective area or 15 feet in height. +         (C)   A minimum setback of 20 feet is required for all signs exceeding +20 square feet in effective area or 20 feet in height. +         (D)   A minimum setback of 15 feet is required if any part of the +sign, other than supports that do not exceed a total cross-sectional area of +one square foot, occupies the space between two feet and 10 feet above grade. +      (4)   EFFECTIVE AREA AND HEIGHT: A detached sign may not exceed 50 square +feet in effective area or 25 feet in height. +   (b)   A single family or duplex residential premise may display detached +signs subject to the following restrictions: +      (1)   TYPE OF SIGNS: A sign permitted by this subsection must: +         (A)   refer to the sale or lease of the premises; +         (B)   refer to an occasional sale authorized in Section +51A-4.217(b)(5) of this code; or +         (C)   convey a noncommercial message. +      (2)   NUMBER OF SIGNS: Each premise may have one detached sign for each +600 feet, or fraction thereof, of frontage along a public way, other than an +alley. +      (3)   SETBACK: A sign permitted by this subsection must comply with the +following setback requirements: +         (A)   A minimum setback of five feet is required for all detached +signs unless the premise has a yard that is less than five feet, in which case +the sign must be set back the maximum possible distance. +         (B)   A minimum setback of 10 feet is required for signs exceeding 10 +square feet in effective area. +         (C)   A minimum setback of 15 feet is required if any part of the +effective area of the sign occupies the space above two feet above grade. +      (4)   EFFECTIVE AREA AND HEIGHT: A detached sign may not exceed 20 square +feet in effective area or eight feet in height. (Ord. Nos. 19455; 20927; 20962; +21798) +SEC. 51A-7.404.   ATTACHED SIGNS. +   (a)   Attached signs are permitted for multifamily premises, non-residential +premises, and non-residential occupancies in non-business zoning districts, +subject to the following restrictions: +      (1)   Except as otherwise permitted under Section 51-4.213 in Chapter 51, +or under Section +51A-4.206 in this chapter, all attached signs must be premise signs or convey a +noncommercial message. +      (2)   All signs erected pursuant to this section shall be limited to one +per facade per occupant of premise. +      (3)   Words consisting of characters all of which are less than four +inches in height may be used without limit as to number, and shall not be +considered in computing the effective area. +      (4)   Reserved. +      (5)   No attached sign erected pursuant to this section shall be +permitted to have more than eight words consisting of characters in excess of +four inches in height and such sign shall not exceed 40 square feet in +effective area. As an exception to this rule a building in an LO(A), MO(A), GO +(A), or O-2 zoning district may be permitted to have additional attached signs +with larger effective areas above the first two stories of the building when +the following conditions are met: +         (A)   If an election is made to erect a sign greater than 40 square +feet only one sign on that facade will be permitted above the first two stories +of the building. Nothing herein shall prohibit each occupant or premise +otherwise authorized an attached sign pursuant to this section to have such a +sign below the third story of the building. +         (B)   Only two attached signs per building may have an effective area +larger than 40 square feet and each shall be on a separate facade. +         (C)   Each attached sign erected pursuant to this exception may have +an additional 40 square feet of effective area for each additional story above +the first two stories of the building. +      (6)   All signs and their words shall be mounted parallel to the building +surface to which they are attached and shall project no more than 18 inches +from the surface to which they are attached except as provided in Paragraph (7) +below. Signs shall not be mounted on roofs and shall not project above roofs. +      (7)   A non-residential premise may erect one attached sign that projects +no further than 4 feet from the vertical building surface provided that the +sign may not be illuminated, exceed 20 square feet in effective area, extend +above the roof or over any public right-of-way, be located within the space 10 +feet above the grade, or be on a premise with a detached sign. +   (b)   A single family or duplex residential premise may not display an +attached sign except a protective sign. (Ord. Nos. 19455; 19786; 19879; 21978; +24232; 29611) +Division 51A-7.500. Special Provision Sign Districts. +SEC. 51A-7.501.   PURPOSE OF SPECIAL PROVISION SIGN DISTRICTS. +   For the purpose of establishing, enhancing, preserving, or developing the +character, quality, and property values of areas of unique character and +special development potential, and to protect public welfare, districts whose +signs are regulated by special provisions may be established from time to time, +as provided below. (Ord. Nos. 19455; 24232) +SEC. 51A-7.502.   CREATION OF A SPECIAL PROVISION SIGN DISTRICT. +   By amendment to this article, the city council may designate an area as a +special provision sign district subject to the following conditions: +   (1)   The district must include frontage on a street, either for an entire +blockface or for not less than 500 feet measured along the way or continuous +set of intersecting ways. +   (2)   A special provision sign district is an overlay zoning district that +must be created or amended in accordance with Section +51A-4.701. +   (3)   As a prerequisite to the establishment of such a special provision +sign district, the council must determine that the modified rules established +for said districts shall: +      (A)   establish, preserve, enhance, or develop the character of a +particular area; +      (B)   cause no disturbance to neighboring property lying outside the +proposed district; +      (C)   create no hazard or annoyance to motorists or pedestrians; and +      (D)   not contravene the intent of this chapter. (Ord. Nos. 19455; 20927; +24232; 30932) +SEC. 51A-7.502.1.   NON-PREMISE SIGNS IN SPECIAL PROVISION SIGN DISTRICTS. +   (a)   The city council may expressly authorize one or more non-premise signs +in: +      (1)   all special provision sign districts created on or before October +14, 1999; and +      (2)   any special provision sign district created after that date if: +         (A)   the district has an area of at least 50 acres; and +         (B)   the signs are located in or within one mile of the central +business district. +   (b)   The city council may expressly authorize one or more non-premise +athletic field signs in any special provision sign district, regardless of the +size or location of the district. +   (c)   A minimum of 30 percent of the effective area of a detached HBA sign +that exceeds 100 square feet in effective area must identify activities +conducted or premises located in the special provision sign district. (Ord. +24232) +SEC. 51A-7.503.   MODIFICATIONS ALLOWED IN SPECIAL PROVISION SIGN DISTRICTS. +   Without changing the definition of this article, or altering its basic +structure, the modified rules for special provision sign districts may: +   (1)   impose sign restrictions which are in addition to, or more stringent +than those provided for elsewhere in this article; and +   (2)   waive certain restrictions, or establish restrictions more lenient +than those provided for elsewhere in this article. (Ord. Nos. 19455; 24232) +SEC. 51A-7.504.   SPECIAL SIGN DISTRICT ADVISORY COMMITTEE CREATED. +   (a)   There is hereby created a committee to be known as the special sign +district advisory committee, hereinafter called the “committee”, composed of +five members appointed by the city plan commission. The committee shall be +appointed within 15 days following the effective date of the establishment of +the first special provision sign district created pursuant to the provisions of +Division +51A-7.500 of this article. The members of the committee shall include one +architect, one graphic designer, and one businessman associated with the sign +industry. The city plan commission is authorized to solicit a list of nominees +from any trade or professional association the membership of which has special +knowledge of or interest in the design, construction, and placement of signs or +urban planning and design. Appointments to the committee shall be for a term of +two years ending on September 1 of each odd-numbered year and the members shall +serve without compensation. The commission shall designate a chairman and vice- +chairman from the members. The commission may appoint up to three alternate +members to the committee who serve in the absence of one or more regular +members when requested to do so by the chairperson or by the city manager. The +alternate members serve for the same period and are subject to removal the same +as regular members. The commission shall fill vacancies occurring in the +alternate membership the same as in the regular membership. +   (b)   The committee shall meet at least once each month with additional +meetings upon call by the committee chairman or a simple majority of the +committee members. A simple majority of members present shall constitute a +quorum and issues shall be decided by a simple majority vote of the members +present. The department shall furnish staff support to the committee. +   (c)   The function of the committee shall be to familiarize itself +thoroughly with the character, special conditions, and economics of all special +provision sign districts as provided in Section +51A-7.503 of this article. In addition, the committee shall, upon request, +provide guidance, advice and assistance to any applicant for a sign permit in a +special provision sign district. +   (d)   Nothing in this article shall be construed to affect or modify the +authority of any committee or commission whose duty it is to review permits for +changes to the exterior of buildings in a special purpose district. Such +committee or commission shall continue to review said permits using the +standards and procedures established for that special purpose district. +   (e)   Nothing in this section shall be construed as preventing the city +council from creating a separate procedure for allowing a separate committee to +function as or in lieu of the sign district advisory committee for a particular +special provision sign district. Any such separate procedure or separate +committee must be established as part of the ordinance creating the special +provision sign district or as part of an amendment thereto. (Ord. Nos. 19455; +20345; 20927; 24232; 25047; 28073) +SEC. 51A-7.505.   PERMIT PROCEDURES FOR SPECIAL PROVISION SIGN DISTRICTS. +   Unless otherwise provided as part of the ordinance creating a special +provision sign district or as part of an amendment thereto, the following +permit procedures apply: +   (1)   When required. Except when erecting a sign in a historic overlay +district, in which case a certificate of appropriateness must be obtained in +accordance with Section +51A-4.501(b), no sign permit may be issued in a special provision sign district +to any applicant unless the application has first been reviewed by the director +and a certificate of appropriateness has been issued in accordance with this +section. +   (2)   Application. When applying for a sign permit in a special provision +sign district, the applicant shall submit an application to the building +official. After determining that the proposed sign conforms with the other +sections of the code, the building official shall forward a copy of the +application to the director within five working days of its receipt. The +applicant shall provide the building official, the director, and the committee +with specific information in the form of perspectives, renderings, photographs, +models, or other representations sufficient to show the nature of the proposed +sign and its effect on the immediate premises. Any applicant may request a +meeting with the director or the committee before submitting an application and +may consult with the director or the committee during the review of the permit +application. Every applicant is entitled to appear before the committee and to +be present when any vote is taken. +   (3)   Determination of procedure. Upon receipt of an application, the +director shall determine whether it is to be reviewed under the director +procedure or the committee procedure. The proposed sign must be reviewed under +the director procedure if it: +      (A)   has an effective area less than 50 square feet; +      (B)   is a premise sign; +      (C)   does not contain any changeable message or flashing or blinking +lights; +      (D)   has a setback of at least 10 feet; +      (E)   is not located within a historic overlay district; +      (F)   does not project more than 18 inches over public right-of-way if it +is an attached sign; +      (G)   has an effective area of less than 15 percent of the facade of the +building to which the sign is attached if the sign is an attached sign; and +      (H)   does not exceed 25 feet in height if the sign is a detached sign. +If the proposed sign does not meet all of the above requirements, it must be +reviewed under the committee procedure. +   (4)   Director procedure. +      (A)   Decision by the director. If the director determines that the sign +must be reviewed under the director procedure, the director shall review the +application and approve or deny it within 10 days of its receipt. +      (B)   Appeals. Any interested person may appeal the decision of the +director by submitting a written request for appeal to him or her within 10 +days of the decision. The appeal starts the committee procedure. +   (5)   Committee procedure. +      (A)   Decision by the committee. If the director determines that the sign +must be reviewed under the committee procedure or that his or her decision has +been appealed, he or she shall forward the application to the committee for +review. +      (B)   Factors the committee shall consider. In reviewing an application, +the committee shall first consider whether the applicant has submitted +sufficient information for the committee to make an informed decision. If the +committee finds the proposed sign to be consistent with the special character +of the special provision sign district, the committee shall make a +recommendation of approval to the city plan commission. The committee shall +consider the proposed sign in terms of its appropriateness to the special +provision sign district with particular attention to the effect of the proposed +sign upon the economic structure of the special provision sign district and the +effect of the sign upon adjacent and surrounding premises without regard to any +consideration of the message conveyed by the sign. After consideration of these +factors, the committee shall recommend approval or denial of the application +and forward that recommendation to the city plan commission. +   (6)   Decision by the commission. Upon receipt of a recommendation by the +committee, the commission shall hold a public hearing to consider the +application. At least 10 days before the hearing, notice of the date, time, and +place of the hearing, the name of the applicant, and the location of the +proposed sign must be published in the official newspaper of the city and the +building official shall serve, by hand-delivery or mail, a written notice to +the applicant that contains a reference to this section, and the date, time, +and location of this hearing. A notice sent by mail is served by depositing it +properly addressed and postage paid in the United States mail. In addition, if +the application is for a detached sign or for an attached sign that has more +than 100 square feet of effective area, the applicant must post the required +number of notification signs in accordance with Section +51A-1.106. In making its decision, the commission shall consider the same +factors that were required to be considered by the committee in making its +recommendation. If the commission approves the application, it shall forward a +certificate of appropriateness to the building official within 15 days after +its approval. If the commission denies the application, it shall so inform the +building official in writing. Upon receipt of the written denial, the building +official shall so advise the applicant within five working days of the date of +receipt of the written notice. +   (7)   Authority of building official not affected. Nothing in this section +shall be construed to affect or modify the authority of the building official +to refuse to grant a sign permit in any case in which the proposed sign does +not conform to specific provisions of height, effective area, setback, or +similar restrictions established in this article or the modified restrictions +applicable to the special provision sign district, or to the structural +requirements of the building code or other codes which the building official is +required by law to enforce. +   (8)   Action required within 60 days. If no action has been taken by the +city within 60 days of the receipt of the application by the building official, +a certificate of appropriateness shall be deemed issued and the building +official shall so advise the applicant. +   (9)   Change in application. No change may be made in any permit application +subsequent to action by the city without resubmittal to the director and +approval of the resubmitted application by following the procedures in this +section. +   (10)   Appeal to council. An applicant may appeal a denial of a certificate +of appropriateness by the commission to the city council within 60 days of the +date of the decision by the commission. +   (11)   Criminal responsibility. A person commits an offense if he or she +erects or maintains a sign in a special provision sign district without first +obtaining a certificate of appropriateness expressly authorizing the sign as +required by this article. (Ord. Nos. 19455; 20949; 20962; 21402; 22425; 24163; +24232; 30892) +SEC. 51A-7.506.   EXPIRATION OF SPECIAL PROVISION SIGN DISTRICTS. +   The city council may establish a special provision sign district for a +limited time. At the end of this period, the special provision sign district, +and its provisions regulating signs, shall be discontinued, unless renewed for +another limited period in accordance with the procedure established in Section +51A-7.502. (Ord. Nos. 19455; 24232) +SEC. 51A-7.507.   TEMPORARY SIGNS IN SPECIAL PROVISION SIGN DISTRICTS +   (a)   Purpose. This section allows persons to erect and maintain temporary +signs within special provision sign districts while their applications for +permanent signs in those districts are pending. Nothing in this section shall +be construed as prohibiting a special provision sign district from having a +separate procedure for obtaining a temporary sign permit. +   (b)   Procedures to obtain permit. +      (1)   In general. Notwithstanding Section +51A-7.505, an applicant for a sign permit in a special provision sign district +may apply for a permit to erect a temporary sign in accordance with this +section. The permit must be obtained before erecting or maintaining the sign. +      (2)   Application for permit. An application for a permit must be filed +with the building official on a form provided by the city. Each application +must comply with the requirements of the Dallas Building Code. +      (3)   Requirements. The building official shall deny the application +unless the proposed temporary sign meets all of the following requirements. The +sign must: +         (A)   comply with all provisions of the code, as amended, except for +Section +51A-7.505; +         (B)   be an attached sign; +         (C)   be a premise sign; +         (D)   be constructed of cloth, canvas, light fabric, or nylon; +         (E)   not be an illuminated sign; +         (F)   not have dimensions that exceed the dimensions of the sign for +which the applicant proposes to obtain a certificate of appropriateness; and +         (G)   not be the same sign for which the applicant proposes to obtain +a certificate of appropriateness. +      (4)   Decision of the building official. +         (A)   Timing. The building official shall make a decision regarding +the application within five working days after it is filed. If the applicant +has not provided all the information required by this section, then the five- +day period does not begin until the required information is provided. +         (B)   Failure to act. If the building official fails to make a +decision regarding the application within five working days after it is filed, +it is approved subject to compliance with all applicable city ordinances. +         (C)   Form of decision. The decision must take one of the following +three forms: +            (i)   Approval, no conditions. +            (ii)   Approval, subject to conditions noted. +            (iii)   Denial. +         (D)   Approval with no conditions. If there are no grounds for denying +the application, the building official shall approve it with no conditions. +         (E)   Approval subject to conditions noted. As an alternative to +denial of the application, the building official may approve it subject to +conditions noted if compliance with all conditions will eliminate what would +otherwise constitute grounds for denial. If he or she approves it subject to +conditions noted, he or she shall state in writing the specific requirements to +be met before it is approved. +         (F)   Denial. +            (i)   Grounds for denial. The building official shall deny the +application if it does not comply with all of the requirements of this section +or contain all required information. +            (ii)   Statement of reasons. If the building official denies the +application, he or she shall state in writing the specific reasons for denial. +         (G)   Notice of decision. The building official shall give written +notice to the applicant of his or her decision regarding the application. +Notice is given either by hand-delivery or by depositing the notice properly +addressed and postage paid in the United States mail. If the notice is mailed, +it must be sent to the address shown on the application. +   (c)   Revocation of permit. The building official shall revoke the permit if +he or she determines that the permittee has: +      (1)   failed to comply with any provision of the code, as amended, except +for Section +51A-7.505; +      (2)   made a false statement of material fact on the application; or +      (3)   erected or maintained a sign that endangers the safety of persons +or property and is not otherwise in the public interest. +   (d)   Expiration of permit. A permit automatically expires 60 days from the +date of its issuance. +   (e)   Permit limit. Once a permit expires or is revoked, no person may apply +for another permit for that sign. +   (f)   Appeals. In considering an appeal from a decision of the building +official made in the enforcement of this section, the sole issue before the +board of adjustment shall be whether or not the building official erred in his +or her decision. The board shall consider the same standards that the building +official was required to consider in making the decision on the permit. +   (g)   Criminal responsibility. If a sign violates this section and is not +otherwise authorized by the code, a person is criminally responsible for a sign +unlawfully erected or maintained if the person: +      (1)   erects or maintains the sign; +      (2)   is an owner or operator of a use or business to which the sign +refers; or +      (3)   owns part or all of the land on which the sign is located. +   (h)   No representation by the city. The grant of a permit to erect a +temporary sign does not mean that an applicant will receive a certificate of +appropriateness for any sign. (Ord. Nos. 20954; 24232; 30892) +Division 51A-7.600. Permit Procedures. +SEC. 51A-7.601.   ADMINISTRATION OF ARTICLE BY DIVISION OF BUILDING INSPECTION. +   The provisions of this article shall be administered and enforced by the +division of building inspection. (Ord. 19455) +SEC. 51A-7.602.   PERMITS. +   (a)   While all signs not explicitly exempted are subject to the provisions +of this article, and while a permit to erect any sign not so exempted may be +applied for if desired, a permit is required only for the following signs: +      (1)   Except as otherwise provided in Subsection (b), all signs having an +effective area greater than 20 square feet. +      (2)   All signs having a height in excess of eight feet. +      (3)   All illuminated signs. +      (4)   All signs with moving elements. +      (5)   All signs erected or to be erected in or over any public way. +      (6)   Except as otherwise provided in Subsection (b), all signs +projecting more than 18 inches from any wall, roof, parapet, or eaves. +   (b)   Pursuant to Section 216.903 of the Texas Local Government Code, a +permit is not required for a sign that contains primarily a political message +and is located on private real property with the consent of the property owner +unless the sign: +      (1)   has an effective area greater than 36 feet; +      (2)   is more than eight feet high; +      (3)   is illuminated; or +      (4)   has any moving elements. +In this subsection, the term “private real property” does not include real +property subject to an easement or other encumbrance that allows the city to +use the property for a public purpose. This subsection does not apply to a +sign, including a billboard, that contains primarily a political message on a +temporary basis and that is generally available for rent or purchase to carry +commercial advertising or other messages that are not primarily political. +   (c)   Any sign for which a permit is issued shall be inspected after its +erection for conformity to the provisions of this article by the division of +building inspection. (Ord. Nos. 19455; 25921) +SEC. 51A-7.603.   APPLICATIONS. +   All applicants for permits must comply with the requirements of Subchapter +36 of Chapter 53, the Dallas Building Code. (Ord. Nos. 19455; 20927; 28553) +SEC. 51A-7.604.   RESERVED. +(Ord. 20927) +SEC. 51A-7.605.   EXTRAORDINARILY SIGNIFICANT SIGNS. +   (a)   General provisions. +      (1)   The city council or city plan commission may authorize a hearing to +designate an existing sign as an extraordinarily significant sign. Any person +may apply for designation of an existing sign as an extraordinarily significant +sign. Except for city council or city plan commission authorized hearings, each +owner of a proposed extraordinarily significant sign and each owner of property +where the proposed extraordinarily significant sign is located must sign the +application. +      (2)   The director shall send written notice of a public hearing on an +application to designate an extraordinarily significant sign to all owners of +real property lying within 200 feet of the boundary of the area of request. +      (3)   If a sign is designated as an extraordinarily significant sign, it +is exempted from the provisions of Section +51A-7.210(b)(1)(A) and Division +51A-7.700 of this article. +      (4)   An owner of an extraordinarily significant sign must ensure that +the sign is not structurally dangerous or a fire hazard, and does not cause +electrical shocks or other hazardous conditions. +   (b)   The city plan commission shall review an application to designate an +extraordinarily significant sign in accordance with Subsection (c) of this +section in a public hearing and shall submit its recommendation to the city +council. The city council shall act upon the recommendation of the city plan +commission by granting or denying the application subject to the voting +requirement in Section +51A-4.701(c)(2)(B) and Section +51A-7.803 of this article. +   (c)   To qualify for designation as an extraordinarily significant sign, the +sign must: +      (1)   be at least 40 years of age; +      (2)   possess unique physical design characteristics such as +configuration, color, texture, or other unique characteristics; and +      (3)   be of extraordinary significance to the city, the historic district +where it is located, or the historic structure to which it is attached. +   (d)   In the consideration of Subsection (c)(3) of this section, the +following must be evaluated: +      (1)   the significance of the sign on the basis of the significance of +the physical composition or structure of the sign without regard to the +significance of the company or other entity which is identified by the sign; +and +      (2)   the importance of the sign in identifying a particular area of the +city and the attitude and sentiment of the community concerning the +significance of the sign without regard to the significance of the company or +other entity which is identified by the sign. (Ord. Nos. 19455; 19557; 20927; +21186; 22738) +Division 51A-7.700. Non-Conformance and Enforcement Procedures. +SEC. 51A-7.701.   PURPOSE OF DIVISION. +   It is the declared purpose of this division that, in time, all privately +owned signs shall either conform to the provisions of this article or be +removed. By the passage of this ordinance and its amendments, no presently +illegal sign shall be deemed to have been legalized unless such sign complies +with all current standards under the terms of this ordinance and all other +ordinances of the city of Dallas. Any sign which does not conform to all +provisions of this ordinance shall be a non-conforming sign if it legally +existed as a conforming or non-conforming sign under prior ordinances; or an +illegal sign if it did not exist as a conforming or non-conforming sign, as the +case may be. It is further the intent and declared purpose of this ordinance +that this division, and not the provisions of +Article IV, shall exclusively govern how non-conforming signs in the city are +treated. It is further the intent and declared purpose of this ordinance that +no offense committed, and no liability, penalty or forfeiture, either civil or +criminal, incurred prior to the time this ordinance was adopted shall be +discharged or affected by such passage, but prosecutions and suits for such +offenses, liabilities, penalties or forfeitures may be instituted, and causes +presently pending may proceed. (Ord. Nos. 19455; 24232) +SEC. 51A-7.702.   REMOVAL AND MAINTENANCE OF CERTAIN NON- CONFORMING SIGNS. +   (a)   Signs erected without a permit, either prior to or after the adoption +of this article, are illegal signs if a permit was required for its erection +according to the law in effect at the time the sign was erected. It shall be +unlawful to maintain any illegal sign. It is a defense to prosecution under +this subsection if the sign has been made to comply with the provisions of this +article so that a permit may be issued. +   (b)   All signs that were legally erected pursuant to a valid permit or +legally maintained and that do not conform to the provisions of this article +must be removed or modified if useful life determinations were made and +amortization periods were set by the Municipal Board on Sign Control before +January 1, 1990. +   (c)   No person may repair a non-conforming sign if the cost of repair is +more than 60 percent of the cost of erecting a new sign of the same type at the +same location, unless that sign is brought into conformity with this chapter. +No person may repair a non-conforming sign where the effect of such repair +shall be to enlarge or increase the structure of the non-conforming sign. For +purposes of this section, mono-pole, metal, and wood are each an example of a +“type” of sign and the term “repair” does not include maintenance or changes of +words or other content on the face of a sign. +   (d)   The effective area of a detached non-premise sign does not include the +sign skirting if no part of the sign message appears on the skirting other than +the name of the sign company. +   (e)   No new electrical or mechanical properties may be added to a non- +conforming detached non-premise sign. (For example, a non-illuminated sign may +not be converted to an illuminated sign, and a plain billboard may not be +converted to a tri-vision type.) +   (f)   The effective area of a detached non-premise expressway sign does not +include extensions of the sign face if: +      (1)   the extensions do not collectively exceed 20 percent of the +original area of the sign face; and +      (2)   no individual extension exceeds 80 percent of the original length +or 50 percent of the original height of the sign face. (Ord. Nos. 19455; 20927; +22113; 23094; 24232) +SEC. 51A-7.703.   BOARD OF ADJUSTMENT. +   (a)    The board of adjustment may, in specific cases, take the following +actions and authorize the following special variances and exceptions with +respect to the provisions of this article. +   (b)   The board of adjustment may waive any filing fee for an appeal under +this article when the board finds that payment of the fee would result in +substantial financial hardship to the applicant. The applicant may either pay +the fee and request reimbursement as part of his appeal or request the matter +be placed on the board’s miscellaneous docket for predetermination. If the +matter is placed on the miscellaneous docket, the applicant may not file his +appeal until the merits of the request for waiver have been determined by the +board. +   (c)   When in its judgment the public convenience and welfare will be +substantially served and appropriate use of the neighboring area will not be +substantially and permanently injured, the board of adjustment may, in specific +cases and subject to appropriate conditions, authorize only the following +special variances and exceptions to the regulations established in this article +for non-conforming signs legally erected or maintained prior to April 30, 1973: +      (1)   Reserved. +      (2)   Permit a variance for detached non-premise signs of up to 20 +percent of the setback, effective area, and height requirements of this +article. +      (3)   Permit a variance for detached premise signs of up to 25 percent of +the setback, effective area, and height requirements of this article. +      (4)   Authorize one additional detached sign on a premise in excess of +the number permitted by this article. +      (5)   Authorize up to two additional large letter words on an attached +sign in excess of the number permitted by this article. +      (6)   Permit the following special variances and exceptions for movement +control signs when from the evidence presented the board finds them to be +necessary to give directions to a business: +         (A)   Authorize an identification message to be placed on the sign. +         (B)   Authorize an effective area of up to 4 square feet. +         (C)   Authorize a height of up to 2-1/2 feet. +      (7)   Authorize the remodeling, renovation, or alteration of a sign when +some non-conforming aspect of the sign is thereby reduced and when the period +of time allowed for the owner of the sign to recoup his investment is not +thereby extended. +      (8)   The board of adjustment may also vary any or all other provisions +of this article not specified above with respect to premise signs only when the +board has made a specific finding from evidence presented that strict +compliance will result in substantial financial hardship or inequity to the +applicant without sufficient corresponding benefit to the city and its citizens +in accomplishing the objectives of this article. +   (d)   Except as provided in Section +51A-7.703(c) the board of adjustment may, in specific cases and subject to +appropriate conditions, authorize only the following special variances and +exceptions to the regulations established in this article when the board has +made a special finding from the evidence presented that strict compliance with +the requirement of this article will result in substantial financial hardship +or inequity to the applicant without sufficient corresponding benefit to the +city and its citizens in accomplishing the objectives of this article: +      (1)   Permit a variance for detached premise signs of up to 10 percent of +the setback, effective area, and height requirements of this article. +      (2)   Authorize one additional detached premise sign on a premise in +excess of the number permitted by this article. +      (3)   Authorize up to two additional large letter words on an attached +sign in excess of the number permitted by this article. +      (4)   Authorize signs attached to a window or glass door in a business +zoning district to exceed 15 percent of the area of that window or glass door +or to be located within the upper two-thirds of that window or glass door if +the board finds that the proposed signs do not eliminate visibility into, or +out from, the premise. +         (A)   A sign authorized by this paragraph: +            (i)   must be made of translucent vinyl or a similar material with +at least a 65/35 perforation pattern (a maximum of 65 percent of the area is +closed, a minimum of 35 percent of the area is open); and +            (ii)   may only have images; any text or characters on the sign are +limited to 15 percent of the window area and are only permitted in the lower +one-third of the window. +         (B)   A convenience store regulated by +Chapter 12B is not eligible for this special exception. +         (C)   Once a special exception is approved, a business does not need +to return to the board of adjustment to change out the images or words on a +sign as long as the sign complies with the approved special exception. +      (5)   Permit the following special variances and exceptions for movement +control signs when from the evidence presented the board finds them to be +necessary to give directions to a business: +         (A)   Authorize an identification message to be placed on the sign. +         (B)   Authorize an effective area of up to 4 square feet. +         (C)   Authorize a height of up to 2-1/2 feet. +   (e)   The board of adjustment may hear and decide appeals which allege error +in any order, requirement, decision, or determination made by the building +inspection division in the enforcement of this article. +   (f)   The board of adjustment may require a non-conforming sign to be +brought into immediate conformity with all current standards of all ordinances +of the city of Dallas, or to be removed when from the evidence presented the +board finds the sign to be hazardous to the public or to have been abandoned by +its owners. +   (g)   Where a permit was required for a sign’s erection according to the law +in effect at the time the sign was erected and where building inspection +division finds no record of a permit being issued, the board of adjustment may +authorize the issuance of a replacement permit when from the evidence presented +the board finds either that a permit was issued or that arrangements were made +with a sign company to obtain said permit. The period of time allowed by +Section +51A-7.702(b) for the owner to recoup his investment will not be extended by +issuance of a replacement permit. (Ord. Nos. 19455; 20927; 28784) +SEC. 51A-7.704.   RESERVED. +(Ord. 20927) +SEC. 51A-7.705.   DETERMINATION OF NONCOMMERCIAL AND PRIMARILY POLITICAL +MESSAGES. +   (a)   Findings. The city council finds that it may be necessary in the +enforcement of this article to determine whether the message displayed upon a +sign is commercial, noncommercial, or primarily political. +   (b)   Hearing. If a person receives a notice of violation or is cited for +maintaining an illegal sign, and the person notifies the city attorney in +writing within 10 days of receiving the notice or citation that he believes the +sign displays a noncommercial or primarily political message and is therefore +not in violation of this article, the city attorney shall postpone prosecution +of the case and have the matter placed on the agenda of the board of adjustment +for appeal under Section +51A-7.703(e) of this article. The board shall give the person maintaining the +sign 10 days written notice of a public hearing on the matter. After hearing +the evidence, the board shall decide whether the message displayed on the sign +is commercial, noncommercial, or primarily political. No fee may be charged for +this appeal. +   (c)   Judicial Review. If the board decides that the message is commercial +or not primarily political and that the sign is therefore illegal, the person +maintaining the sign may within 10 days of the board’s decision file a notice +of nonacceptance of the decision with the city attorney. Within three days +after receiving notice of nonacceptance, the city attorney shall initiate suit +in the district court for determination that the sign is illegal and for an +injunction to prohibit display of the sign in violation of this article. The +city shall bear the burden of showing that the sign is illegal. In computing +the three-day time period, Saturdays, Sundays, and legal holidays are excluded. +(Ord. Nos. 19455; 20927; 25921) +SEC. 51A-7.706.   RESERVED. +(Ord. 21511) +Division 51A-7.800. Procedure For Changes and Amendments. +SEC. 51A-7.801.   AUTHORITY TO AMEND; SUBMISSION OF PROPOSED AMENDMENTS TO CITY +PLAN COMMISSION. +   The city council may from time to time amend, supplement, or change this +article. The amendment, supplement, or change may be petitioned for by any +person, corporation, or group of persons by filing an application and paying an +application fee to the department. Proposals for amending, supplementing, or +changing this article in the public interest may also be initiated by motion of +the city council or the city plan commission. Before taking any action on a +proposed amendment, supplement, or change, the city council shall submit the +same to the city plan commission for its recommendation and report. (Ord. Nos. +19455; 20927; 25047; 28073) +SEC. 51A-7.802.   PUBLIC HEARINGS PROVIDED. +   The city plan commission shall hold a public hearing on any amendment, +supplement or change prior to making its recommendation and report to the city +council. The director shall give notice of the public hearing in the official +newspaper of the city at least 10 days before the hearing. The city council +shall hold a public hearing before acting on the city plan commission’s +recommendation and report. At least 15 days notice of the time and place of +city council hearing shall be published in the official newspaper of the city +of Dallas. (Ord. Nos. 19455; 20007) +SEC. 51A-7.803.   THREE-FOURTHS VOTE OF CITY COUNCIL IN CERTAIN CASES. +   If the city plan commission votes to recommend against a proposed change to +this article as clearly reflected in the minutes of its meeting, the change +shall not become effective except by a three-fourths vote of the members of the +city council of the city of Dallas. (Ord. 19455; 24185) +Division 51A-7.900. Downtown Special Provision Sign District. +SEC. 51A-7.901.   DESIGNATION OF DOWNTOWN SPECIAL PROVISION SIGN DISTRICT. +   (a)   The Downtown Special Provision Sign District is designated to be known +as the Downtown Sign District. For purposes of this article, the boundaries of +the Downtown Sign District is that area bounded by the following lines: +      BEGINNING at a point being the intersection of the SE line of Thomas +Avenue with the SW line of Hall Street, said point being the most northerly +corner of Lot 1, Block T/587; +      THENCE with said SW line of Hall Street proceeding southeasterly, +crossing North Central Expressway, Cochran Street, and Jewett Street and +continuing to the NW line of Flora Street, a point for a corner; +      THENCE southwesterly with said NW line of Flora Street, approximately 187 +feet to a point on a common tract line in Block 1/594; +      THENCE crossing Flora Street to a point in a common tract line in Block +595, being approximately 197 feet SW from Hall Street; +      THENCE along common tract lines in Block 595 southeasterly to a point for +a corner on the NW line of Ross Avenue, being approximately 181 feet SW from +Hall Street; +      THENCE southwesterly with said NW line of Ross Avenue to a point for a +corner on the northwesterly extension of the SW line of Pavillion Street; +      THENCE southeasterly along said extension line and with the SW lines of +Pavillion Street, crossing Van Court Street and continuing to a point for a +corner on the NW line of San Jacinto Street; +      THENCE southwesterly with the NW line of San Jacinto Street to a point +for a corner on the common line of Blocks 4/505 and 504; +      THENCE southerly, crossing San Jacinto Street to a point on a common +tract line in Block 1/503, being approximately 205 feet from the NE line of +Liberty Street and continuing southeasterly along common tract lines in Block +1/503 to a point for a corner on the NW line of Adolph Street, being +approximately 203 feet NE from Liberty Street; +      THENCE southwesterly with said NW line of Adolph Street and extending +same to a point for a corner on the SW line of Liberty Street; +      THENCE southeasterly with the SW line of Liberty Street to a point for a +corner on the NW line of Bryan Street; +      THENCE southwesterly, along the NW line of Bryan Street to a point for a +corner, being on the northwesterly extension line of the SW line of +approximately 25 feet wide Allen Street; +      THENCE southeasterly with said extension line and the SW line of Allen +Street and continuing southeasterly along a common tract line in Block 289 to a +point for a corner on the NW line of Live Oak Street, said point being +approximately 252 feet SW from Liberty Street; +      THENCE southwesterly with the NW line of Live Oak Street and extending +same to the SW line of Cantegral Street, a point for a corner; +      THENCE southeasterly along the SW lines of Cantegral Street, crossing +Live Oak Street and Florence Street to a point for a corner on the NW line of +15 feet wide Lodge Street; +      THENCE southeasterly thru Block 271 with the NW line of Lodge Street to a +point for a corner on the NE line of Good-Latimer Expressway; +      THENCE southeasterly with said NE lines of Good-Latimer Expressway, +crossing Swiss Avenue, Floyd Street, Gaston Avenue and the T.& P.R.R. right of +way and extending to a point for a corner on the southwesterly extension of the +SE line of 25 feet wide Monument Street; +      THENCE northeasterly with said extension line and the SE line of Monument +Street to a point for a corner on the SW line of an alley in Block 286; +      THENCE southeasterly and southerly with the westerly lines of said alley +in Block 286 and extending same to a point for a corner on the South line of +Elm Street; +      THENCE easterly with the south line of Elm Street to a point for a corner +on the common block line of Blocks 182 and A/480; +      THENCE southerly with said common line of blocks 182 and A/480 and with +the common line of Blocks 182 and 2/480 and crossing Main Street to a point for +corner on the common line of Blocks 183 and 3/183; +      THENCE easterly along the south line of Main Street, crossing Prior +Street and continuing to a point for a corner on the West line of Crowdus +Street; +      THENCE southerly along the west lines of Crowdus Street, crossing +Commerce Street to a point for a corner, same being the northeast corner of +Block 4/186; +      THENCE easterly along the south lines of Commerce Street, crossing +Crowdus Street and continuing to a point for a corner on the common line of +Lots 4 and 3, Block 13/191; +      THENCE southerly along the common line of Lots 4 and 3 Block 13/191, +crossing 25 feet wide Clover Street and continuing along the common line of +Lots 11 and 12, Block 13/191, and crossing Canton Street to a point for a +corner on the common line of Lots 4 and 3, Block 12/192; +      THENCE easterly along the south line of Canton Street to the west line of +Oakland Avenue, a point for a corner; +      THENCE southerly with said west line of Oakland Avenue and extending same +to a point for a corner on the south line of 25 feet wide Virgil Street; +      THENCE easterly along the south lines of Virgil Street crossing Oakland +Avenue and Walton Street and continuing to a point for a corner on the west +line of Hall Street; +      THENCE easterly with the extension of the south line of 30 feet wide +Virgil Street, crossing Hall Street, Block 850 and part of Block 851 to a point +for a corner, being the northwesterly extension of a common block line of +Blocks 851 and 7/851; +      THENCE southwesterly along said northwesterly extension line and common +block line of Blocks 851 and 7/851 to a common block corner and continuing +northeasterly with said common block line and with the common block line of +Blocks 851 and 6/851 and extending same through part of Block 851 to a point +for a corner on the southwest right of way line of the T.& P.R.R.; +      THENCE southeasterly with said SW right of way line of the T.& P.R.R. to +a point for a corner, being on the southwesterly extension of a common tract +line in Block 6/828, same being approximately 177.5 feet northwesterly from and +parallel to Hickory Street; +      THENCE northeasterly, crossing the T.& P.R.R. right of way and 20 feet +wide Truck Avenue and continuing along said common tract line in Block 6/828 to +a point for a corner on the southwest line of Second Avenue; +      THENCE southeasterly with said southwest line of Second Avenue and +extending same to a point for a corner on the southeast line of Hickory Street; +      THENCE northeasterly, crossing Second Avenue and continuing along the +southeast line of Hickory Street to a point for a corner on the southwest line +of First Avenue; +      THENCE southeasterly along said southwest line of First Avenue, crossing +the G.C.&.S.F.R.R. right of way to a point for a corner on the northeasterly +line of Block 2/812; +      THENCE easterly with the southerly line of First Avenue, crossing R. L. +Thornton Freeway to the easterly right of way line of said freeway, same being +the northwest cornerpoint of Block 6/812; +      THENCE southerly along the west line of said Block 6/812 to its southwest +cornerpoint; +      THENCE southwesterly, crossing a portion of R. L. Thornton Freeway right +of way, including an underpass portion of Second Avenue, to a point for a +corner on the southeast right of way line of R. L. Thornton Freeway and the +west line of Oak Lane, same being the present northeast corner of Block 3/812; +      THENCE southerly with the west lines of Oak Lane, crossing Third Avenue +and continuing to the most southerly cornerpoint of Block 4/812; +      THENCE westerly, crossing Block 853 and the G.C.&S.F.R.R. right of way +with the shortest line connecting to a point on the northeast line of said +G.C.&S.F.R.R. right of way and being on the southwest line of Chestnut Street +extended; +      THENCE southwesterly with the northeast line of said railroad right of +way to a point on the southwest line of Jeffries Street extended; +      THENCE northwesterly with said extension line and the southwest line of +Jeffries Street to the southeast line of Hickory Street, a point for a corner; +      THENCE southwesterly with said southeast line of Hickory Street and +extending same to a point for a corner on the centerline of Oakland Avenue; +      THENCE southeasterly along the centerline of Oakland Avenue to a point +for a corner on the northwest right of way line of the G.C.& S.F.R.R.; +      THENCE southwesterly with said northwest right of way line of the G.C.& +S.F.R.R. to a point for a corner on the southeasterly extension of the +southwest line of Lot 17, Block 14/865; +      THENCE crossing Central Expressway (Interstate Highway 45) to a point for +a corner, being on the westerly right of way line of said Central Expressway +(Interstate Highway 45) and the northwest line of Corinth Street; +      THENCE southwesterly with said northwest line of Corinth Street to the +northeast line of Good-Latimer Expressway, a point for a corner; +      THENCE westerly, crossing Good-Latimer Expressway to a point for a corner +on the northwest line of a 12 feet wide tract in Block 869-1/4, the same being +approximately 142 feet from and parallel to Corinth Street; +      THENCE southwesterly with the northwest line of said 12 feet wide tract +in Block 869 1/4 to a point for a corner on the northeast right of way line of +the (T.&N.O.R.R.) H.& T.C.R.R.; +      THENCE westerly, crossing said (T.&N.O.R.R.) H.&T.C.R.R. right of way to +a point for a corner on the northwest line of Corinth Street; +      THENCE southwesterly with the northwest lines of Corinth Street, crossing +South Central Expressway and Harwood Street and continuing to the northeast +line of Park Avenue to a point for a corner; +      THENCE northwesterly with said northeast lines of Park Avenue, crossing +Hickory Street and continuing to a point for a corner on the northeasterly +extension of the northwest line of Beaumont Street, same being the southeast +line of Block 454 extended; +      THENCE southwesterly with said northwest line of Beaumont Street to a +point for a corner on the northeast line of an alley in Block 454; +      THENCE northwesterly with said northeast line of an alley in Block 454 to +a point for a corner on the common line of Lots 16 and 17 extended; +      THENCE southwesterly along said extension line and common lot line to the +northeast line of St. Paul Street, a point for a corner; +      THENCE northwesterly with said northeast line of St. Paul Street and +extending same to a point for a corner on the northwest line of Gano Street; +      THENCE southwesterly with said northwest line of Gano Street to a point +for a corner on the northeast line of Ervay Street; +      THENCE crossing Ervay Street to a point for a corner on the northwest +line of Gano Street; +      THENCE northwesterly with the southwest line of Ervay Street and +extending same to a point for a corner on the northwest line of approximately +35 feet wide Sullivan Avenue; +      THENCE southwesterly along said northwest line of Sullivan Avenue to the +northeast line of Orr Street, a point for a corner; +      THENCE northwesterly with said northeast line of Orr Street and extending +same to a point for a corner, being on the northeasterly extension of the +common line of Blocks 448 1/2 and Block B/93; +      THENCE southwesterly along said common block line to a point for a corner +on the northeast line of Browder Street; +      THENCE with said northeast line of Browder Street northwesterly and +extending to the northwest line of Blakeney Street, a point for a corner; +      THENCE southwesterly crossing Browder Street and continuing along the +northwest line of approximately 25 feet wide Blakeney Street to the northeast +line of Akard Street, a point for a corner; +      THENCE westerly, crossing Akard Street to a point for a corner on the +southwest line of Akard Street and the northwest line of Powhattan Street; +      THENCE southwesterly along the northwest line of Powhattan Street, +crossing Peters Street, Wall Street, and a C.R. & P.R.R. right of way and +continuing with said northwest line of Powhattan Street and extending to a +point for a corner on the southwest line of Lamar Street; +      THENCE northwesterly with said southwest line of Lamar Street to a point +for a corner being approximately 660 feet southeasterly from the southeast line +of Cadiz Street; +      THENCE southwesterly crossing Block 1082, Austin Street, Block 1082, the +M.K.T.R.R. and C.R. & P.R.R. right of ways and Block 1081 and across an old +channel of the Trinity River with the shortest line connecting to the common +northeast corner point of Lots 10 and 11, Block 69/7338; +      THENCE southwesterly with the common line of Lots 10 and 11, Block 69/ +7338 and crossing Industrial Blvd. to a point for a corner on the common line +of Lots 4 and 5, Block 71/340; +      THENCE southwesterly with said common line of Lots 4 and 5 and with the +common line of Lots 24 and 25 through Block 71/340 to a point for a corner on +the northeast line of Rock Island Street; +      THENCE southwesterly, crossing Rock Island Street and through part of +Block 8000 to a point for a corner on the approximate centerline of the Trinity +River East Levee (of the City and County of Dallas Levee Improvement District), +said point being approximately 660 feet southeasterly from the southeast right +of way line of Cadiz Street Viaduct; +      THENCE northwesterly and northerly with said approximate centerline of +the Trinity River East Levee and crossing Cadiz Street Viaduct right of way, R. +L. Thornton Freeway right of way, the North Texas Traction Company right of +way, Houston Street Viaduct right of way, Texas Turnpike Authority right of way +and continuing to a point for a corner on the southerly right of way line of +West Commerce Street; +      THENCE easterly with said southerly line of West Commerce Street to a +point for a corner on the east line of said Trinity River East Levee; +      THENCE crossing West Commerce Street and continuing northwesterly with +said east line of the Trinity River East Levee to a point for a corner on the +original 230 feet wide Texas and Pacific R.R. southerly right of way line; +      THENCE easterly along said original Texas and Pacific R.R. southerly +right of way line to a point for a corner on same, being approximately 660 feet +westerly from the westerly line of Stemmons Freeway; +      THENCE northerly, crossing the Texas and Pacific R.R. right of way and +part of Block 6828 to a point for a corner on the westerly line of Industrial +Blvd. and on the common line of Block 6828 and 409; +      THENCE with the westerly line of Industrial Blvd. northwesterly and +extending same to a point for a corner, being on the westerly extension of the +north line of Continental Avenue; +      THENCE easterly along said extension line and the north line of +Continental Avenue and extending same to a point for a corner on the northeast +line of Dragon Street, same being the southwest corner of Block 2/409; +      THENCE northwesterly with the northeast lines of Dragon Street, crossing +Wichita Street and continuing to a point for a corner in Block 409 on a common +tract line, being approximately 369 feet northwest of the northwest line of +Wichita Street; +      THENCE northeasterly with common tract lines to a point for a corner on +the southwest line of Slocum Street; +      THENCE northeasterly, crossing Slocum Street, Block 401, Stemmons +Freeway, the C.R.I.& P.R.R. and S.L. & S. W. R. R. right of ways, a Dallas +Power and Light Company tract in Blocks 392 and 393 and the MKT R.R. right of +way and crossing part of Blocks I/389, J/384 and a closed portion of Griffin +and Ashland Streets, with the shortest line connecting to a point on the +southeast line of Ashland Street and the northeast line of an alley in Block G/ +385; +      THENCE northeasterly with said southeast lines of Ashland Street, +crossing Summer Street and extending to a point for a corner on the NE line of +Wesley Alley; +      THENCE southeasterly along said NE line of Wesley Alley to the SE line of +Block I/354, a point for a corner; +      THENCE northeasterly along the southeast line of Block I/354 and along +the northwest line of Cedar Springs Road to a point for a corner on the +southwest line of 24 feet wide Yates Alley; +      THENCE northeasterly with the northwest lines of Cedar Springs Road, +crossing Yates Alley, old Field Street, Alamo Street, right of way for new +extension of Field Street, and Caroline Street and extending said northwest +line of Cedar Springs Road across Akard Street to a point for a corner on the +east line of Cedar Springs Road; +      THENCE with the east line of Cedar Springs Road northerly to the south +line of Harwood Street, a point for a corner; +      THENCE easterly with said south line of Harwood Street and extending same +to a point for a corner on the easterly line of McKinney Avenue extended; +      THENCE northeasterly along said extension line and the easterly line of +McKinney Avenue to a point for a corner on the southwest line of Olive Street; +      THENCE crossing Olive Street to a point for a corner on the southeast +line of Thomas Street; +      THENCE northeasterly along the southeast lines of Thomas Street, crossing +Pearl Street, Crockett Court, Leonard Street, Fairmount Street, Routh Street, +Boll Street, Worthington Street, Clay Alley, Allen Street, Clyde Alley, Clark +Street, Ellis Street and Hugo Street and continuing to the southwest line of +Hall Street and the point of beginning. +   (b)   Other special provision sign districts created in accordance with this +article are not controlled by this division even though such districts may be +wholly or partially located within the boundaries described in Subsection (a). +(Ord. Nos. 19455; 20167; 21404; 24606) +SEC 51A-7.901.1.   DESIGNATION OF SUBDISTRICTS. +   (a)   This district is divided into 10 subdistricts: Retail Subdistrict A, +Retail Subdistrict B, the General CBD Subdistrict, the Downtown Perimeter +Subdistrict, the Main Street Subdistrict, the Convention Center Subdistrict, +the Akard Station Subdistrict, the Whitacre Tower Subdistrict, the Discovery +Subdistrict, and the Chase Tower Subdistrict. +   (b)    Retail Subdistrict A is that central area of downtown within the +boundaries described in the Exhibit A attached to Ordinance No. 30685, passed +by the Dallas City Council on October 25, 2017. +   (c)    Retail Subdistrict B is that central area of downtown within the +boundaries described in the Exhibit A attached to Ordinance No. 30685, passed +by the Dallas City Council on October 25, 2017. +   (d)   The General CBD Subdistrict is that area of the district within the +Freeway Loop, more particularly described in the Exhibit A attached to +Ordinance No. 30685, passed by the Dallas City Council on October 25, 2017. +   (e)   The Downtown Perimeter Subdistrict is that area outside of the freeway +loop within the downtown sign district. +   (f)    The Main Street Subdistrict is that area of downtown near Main Street +described in Exhibit A attached to Ordinance No. 30685, passed by the Dallas +City Council on October 25, 2017. +   (g)   The Convention Center Subdistrict is that area of downtown near the +convention center, more particularly described in the Exhibit A attached to +Ordinance No. 30685, passed by the Dallas City Council on October 25, 2017. +   (h)   The Akard Station Subdistrict is that area of downtown that is more +particularly described in the Exhibit A attached to Ordinance No. 30685, passed +by the Dallas City Council on October 25, 2017. +   (i)   The Whitacre Tower Subdistrict is that area of downtown within the +boundaries described in the Exhibit A attached to Ordinance No. 30685 passed by +the Dallas City Council on October 25, 2017. +   (j)   The Discovery Subdistrict is that area of downtown within the +boundaries described in the Exhibit A attached to Ordinance No. 31191, passed +by the Dallas City Council on April 24, 2019. +   (k)   The Chase Tower Subdistrict is that area of downtown within the +boundaries described in the Exhibit A attached to Ordinance No. 31374 passed by +the Dallas City Council on October 23, 2019.   +(Ord. Nos. 24606; 24925; 28346; 29227; 29751; 30685; 31191; 31374) +SEC. 51A-7.902.   PURPOSE. +   The purpose of this division is to regulate both the construction of new +signs and the alterations of existing signs with a view towards enhancing, +preserving, and developing the unique character of the downtown area while +addressing the diversity of businesses and promoting the economy of downtown. +The general objectives of this division include those listed in Section +51A-7.101 as well as aesthetic considerations to ensure that signs are +appropriate to the architecture of the district, do not obscure significant +architectural features of its buildings, and lend themselves to the developing +retail and residential uses and the pedestrian character of the area. The +district regulations are in large part inspired by the high level of pedestrian +activity and the need to maximize effective orientation of signage toward the +walking public. (Ord. Nos. 19455; 20167; 21404; 24606) +SEC. 51A-7.903.   DEFINITIONS. +   In this division: +      (1)   ACTIVITY DISTRICT means a group of entertainment, cultural, +performance, retail, or restaurant establishments that generate pedestrian +activity within a particular geographic area, and that has a known name as a +destination such as, but not limited to, the Farmers Market, Main Street, or +the Arts District. +      (2)   ARCADE SIGN means any sign that is mounted under a canopy or awning +and is perpendicular to the building to which the canopy or awning is attached. +This sign is intended to be read from the pedestrian walkway that the canopy or +awning covers. +      (3)   AWNING means a fabric or vinyl surface supported by a metal +structure, which is applied to the face of a building. +      (4)   AWNING SIGN means a sign attached to, painted on, or otherwise +applied to an awning. +      (5)   BANNER means a sign applied on a strip of cloth, vinyl, or similar +material and attached to a building or structure. Awning, canopy signs, and +flags are not banners. +      (6)   CANOPY means a permanent, non-fabric architectural element +projecting from the face of a building. +      (7)   CANOPY SIGN means a sign attached to, applied on, or supported by a +canopy, with no changeable message area. +      (8)   CHANGEABLE MESSAGE SIGN means a sign composed of LED/LCD elements, +slide lettering, slated rotating surfaces, or other changeable message +technology that displays different designs or advertisements. +      (8.1)   CONSTRUCTION BARRICADE SIGN means a sign that is affixed to a +construction barricade. +      (8.2)   CONVENTION CENTER COMPLEX means the convention center and +buildings attached to the convention center, including a convention center +hotel. +      (9)   DISTRICT or THIS DISTRICT means the Downtown Sign District. +      (10)   DISTRICT ACTIVITIES means activities that take place on five or +more premises within an activity district. +      (11)   EFFECTIVE AREA means: +         (A)   for a detached sign other than outlined in (B) below, the area +within a minimum imaginary rectangle of vertical and horizontal lines that +fully contains all extremities of the sign, excluding its supports. This +rectangle is calculated from an orthographic projection of the sign viewed +horizontally. The viewpoint for this projection that produces the largest +rectangle must be used. If elements of the sign are moveable or flexible, such +as a flag or a string of lights, the measurement is taken when the elements are +fully extended and parallel to the plane of view; +         (B)   for signs placed on a fence, non enclosing wall, planter, or +other similar structure that is designed to serve a separate purpose other than +to support the sign, the entire area of such structure may not be computed, and +the effective area must be measured by the rule for effective area for attached +signs; and +         (C)   for an attached sign, the sum of the areas within minimum +imaginary rectangles of vertical and horizontal lines, each of which fully +contains a word. If a design, outline, illustration, or interior illumination +surrounds or attracts attention to a word, then it is included in the +calculation of effective area. +      (12)   ENTERTAINMENT FACILITY means a structure or building for sports +events or the performing arts, including indoor motion picture theaters, +theaters for live musical or dramatic performances, indoor and outdoor concert +halls, and exhibition halls. +      (13)   FACADE means any separate face of a building, including parapet +walls and omitted wall lines, or any part of a building which encloses or +covers usable space, chimneys, roof-mounted equipment, mounted antennas, or +water towers. Where separate faces are oriented in the same direction or in +directions within 45 degrees of one another, they are to be considered as part +of a single facade. A roof is not a facade or part of a facade. Multiple +buildings on the same lot will each be deemed to have separate facades. +      (14)   FLAT ATTACHED SIGN means an attached sign projecting 12 inches or +less from a building, and the face of which is parallel to the building facade. +      (15)   FREEWAY LOOP means the area of the city within Woodall Rogers +Freeway, R.L. Thornton Freeway, Central Expressway (elevated bypass), and +Stemmons Freeway. +      (15.1)   GATEWAY SIGN means an attached sign located on an access gate or +a vertical clearance structure/access gate. +      (16)   GENERIC GRAPHICS means any pattern of shapes, colors, or symbols +that does not commercially advertise. +      (17)   KIOSK means a multi-sided structure for the display of premise and +nonpremise signs. +      (18)   LANDSCAPE SIGN means a sign that is a part of a single landscape +design which creates a base for the sign in conjunction with a retaining wall +or an open space created with the use of water or planting material. +      (19)   LOWER LEVEL SIGN means an attached sign wholly situated within the +lower level sign area. +      (20)   LOWER LEVEL SIGN AREA means the portion of a facade less than 36 +feet above grade. +      (21)   MARQUEE SIGN means a sign attached to, applied on, or supported by +a permanent canopy projecting over a pedestrian street entrance of a building, +and consisting primarily of changeable panels, words, or characters. +      (21.1)   MEDIA CENTER PLAZA means an outdoor area that is accessible to +the public, and includes: +         (A)   a plaza that is at least 120,000 square feet in size; and +         (B)   structures containing ground-floor retail and restaurant uses. +      (21.2)   MEDIA WALL SIGN means an attached sign projecting no more than +five feet from a building, the face of which is parallel to the building +facade, and which may wrap around the corner of a building. A media wall sign +must be located adjacent to a media center plaza. A media wall sign must be a +changeable message sign, and must incorporate changeable messages, including +streaming. +      (22)   MESSAGE AREA means the area within the effective area of a sign +that provides a specific commercial or non-commercial message and that excludes +all extremity and intra-areas associated with the sign fixture. +      (22.1)   MIDDLE LEVEL SIGN means an attached sign wholly or partially +situated within the middle level sign area. +      (22.2)   MIDDLE LEVEL SIGN AREA means the portion of a building facade +that is between the lower level sign area and the upper level sign area. +      (23)   MONUMENT SIGN means a detached sign applied directly onto a grade- +level support structure (instead of a pole support) with no separation between +the sign and grade. +      (24)   MOVEMENT CONTROL SIGN means a sign that directs vehicular and +pedestrian movement within this district. +      (24.1)   PEDESTRIAN-ORIENTED CON- CESSION SIGN means a premise sign +displaying advertising for one or more retail uses to on-site pedestrians. +      (25)   PROJECTING ATTACHED SIGN means an attached sign projecting more +than 12 inches from a building at an angle other than parallel to the facade. +      (26)   PROMOTIONAL MESSAGE means a message that identifies or promotes a +cultural activity within this district, any special event being conducted in +this district, any event being conducted, in whole or in part, in an +entertainment complex, or any other event that will benefit the city. Benefit +to the city is established by: +         (A)   use of city property in accordance with a contract, license, or +permit; +         (B)   the receipt of city monies for the activity or event; or +         (C)   an ordinance or resolution of the city council that recognizes +the activity or event as benefitting the city. +      (27)   PUBLIC AREA means any publicly or privately-owned outdoor area +that is accessible to the public. +      (28)   RESIDENTIAL USES means those uses defined in Section +51A-4.209. +      (29)   RETAIL & PERSONAL SERVICE USES means those uses defined in Section +51A-4.210. +      (29.1)   RETAINING WALL SIGN means a sign in Retail Subdistrict B affixed +or engraved into a retaining wall supporting a landscape bed or similar +feature. +      (30)   SIGN HARDWARE means the structural support system for a sign, +including the fastening devices that secure a sign to a building facade or +pole. +      (31)   SPECIAL SIGN DISTRICT ADVISORY COMMITTEE means that committee +created by Section +51A-7.504 of the Dallas Development Code, as amended. +      (32)   TEMPORARY SIGN means a sign erected for a limited time that +identifies an event or activity of limited duration. Examples include signs +advertising the sale or lease of property, construction activity in progress, +or a concert or other cultural event. +      (33)   UPPER LEVEL SIGN means an attached sign wholly situated within the +upper level sign area. +      (34)   UPPER LEVEL SIGN AREA means the portion of a facade more than 36 +feet above grade and within the top 12 feet of a facade on buildings 18 stories +or less, or within the top 36 feet of a facade on buildings more than 18 +stories. +      (34.1)   VIDEOBOARD SIGN means a flat screen that is capable of +displaying moving images similar to television images, by light-emitting diode +or other similar technology, and that is mounted to the exterior of a building. +      (35)   WELCOME MESSAGE means a message that identifies and greets heads +of state, foreign dignitaries, groups using city property in accordance with a +contract, license, or permit, or government organizations. +      (36)   WINDOW ART DISPLAY means an exhibit or arrangement placed within a +storefront window of a building and designed to be viewed from a street or +public area. +      (37)   WINDOW SIGN means a sign painted or affixed to a window. +      (38)   WORD: For purposes of this division, each of the following is +considered to be one word: +         (A)   Any word in any language found in any standard unabridged +dictionary or dictionary of slang. +         (B)   Any proper noun or any initial or series of initials. +         (C)   Any separate character, symbol, or abbreviation such as “&”, +“$”, “%”, and “Inc.” +         (D)   Any telephone number, street number, or commonly used +combination of numerals and symbols such as “$5.00” or “50%”, +         (E)   Any Internet website, network, or protocol address, domain name, +or universal record locator. +         (F)   Any symbol or logo that is a registered trademark but which +itself contains no word or character. +         (G)   A street address is not considered to be a word. (Ord. Nos. +20167; 21404; 22425; 24606; 24925; 27795; 28346; 28347; 29227; 31191; 31374) +SEC. 51A-7.904.   DETACHED NON-PREMISE SIGNS. +   Except as provided in this division, no person may erect a detached non- +premise sign in this district. (Ord. Nos. 19455; 20167; 21404; 24606; 24925) +SEC. 51A-7.905.   SIGN PERMIT REQUIREMENT. +   (a)   Except as provided in Sections +51A-7.908, +51A-7.914, and +51A-7.915, a person shall not alter, place, maintain, expand, or remove a sign +in this district without first obtaining a sign permit from the city. +   (b)   The procedure for obtaining a sign permit is outlined in Section +51A-7.505 of this article. Section +51A-7.602 of this article does not apply to signs in this district. +   (c)   A person who violates Subsection (a) is guilty of a separate offense +for each day or portion of a day during which the violation is continued. (Ord. +Nos. 20167; 21404; 24606; 24925) +SEC. 51A-7.906.    GENERAL PROVISIONS FOR ALL SIGNS IN THE DOWNTOWN SIGN +DISTRICT. +   (a)   Except as provided in Subsection (b), the regulations of Section +51A-7.303 apply in this district. +   (b)   For retail and personal service uses within the Main Street +Subdistrict, Retail Subdistrict A, and Retail Subdistrict B, the measurements +of luminance are taken from any premise or public right-of-way other than an +alley outside the Main Street Subdistrict, Retail Subdistrict A, and Retail +Subdistrict B, respectively. +   (c)   Illuminated signs in this district must comply with Section +51A-6.104 of the Dallas Development Code, as amended. (Ord. Nos. 24606; 24925; +27795; 29227) +SPECIAL PROVISIONS FOR SIGNS WITHIN THE GENERAL CBD, MAIN STREET, CONVENTION +CENTER, RETAIL, DISCOVERY, AND CHASE TOWER SUBDISTRICTS. +SEC. 51A-7.907.   GENERAL PROVISIONS. +   (a)   Signs over the right-of-way. +      (1)    Signs may be located within the public right-of-way subject to the +franchise requirements of Chapter XIV of the City Charter, +Article VI of +Chapter 43 of the Dallas City Code, as amended, +Chapter 45 of the Dallas Building Code, and the requirements of all other +applicable laws, codes, ordinances, rules, and regulations. +      (2)   The director shall review the location of any sign located in or +overhanging the public right-of-way to ensure that the sign will not pose a +traffic hazard or visibility obstruction. +      (3)   No portion of a sign may be located less than two feet from the +back of a street curb. +   (b)    Signs in general. +      (1)   Except as provided in Division +51A-7.900 of +Article VII, all applications for certificates of appropriateness for detached +signs in this district must be reviewed by the special sign district advisory +committee using the permit procedures set forth in Division +51A-7.500. The director procedure in Division +51A-7.500 is not available for detached signs in this district. All +applications for certificates of appropriateness for other types of signs in +this district must be in accordance with Division +51A-7.500 of +Article VII. +      (2)    Unless otherwise provided, all signs in this district must be +premise signs. +      (3)    All wind devices except for flags and banners are prohibited in +this district unless allowed under a special events permit issued under Chapter +42A of the Dallas City Code, as amended. (Ord. Nos. 24606; 24925; 25047; 28073) +SEC. 51A-7.908.   VIDEOBOARD SIGN. +   (a)   One videoboard sign may be attached to a building adjacent to the Main +Street Subdistrict. +   (b)   The videoboard sign may display any message. +   (c)   A certificate of appropriateness is required for approval of the +specific size and location of the videoboard sign. +   (d)   The videoboard sign may not be placed on a landmark structure. (Ord. +24925) +SEC. 51A-7.909.   ATTACHED NON- PREMISE DISTRICT ACTIVITY VIDEOBOARD SIGNS. +   (a)   Content. Non-premise district activity videoboard signs must display +district activity messages a minimum of three minutes of every operational hour +and must display either district activity messages or premise messages for an +additional minimum of nine minutes of every operational hour. +   (b)   Location and number. +      (1)   A maximum of 15 non-premise district activity videoboard signs are +permitted and may only be erected on buildings with frontage on streets within +Retail Subdistrict A and Retail Subdistrict B bounded by Jackson Street, Lamar +Street, Pacific Avenue, and Cesar Chavez Boulevard. +      (2)   A maximum of one non-premise district activity videoboard sign is +permitted per block face. +      (3)   Non-premise district activity videoboard signs may not be placed on +Pacific Avenue between Akard Street and Ervay Street. +      (4)   Non-premise district activity videoboard signs may not be placed on +building facades facing Main Street Garden or Belo Garden. +   (c)   Size. Non-premise district activity videoboard signs must have a +minimum of 100 square feet in effective area and may have a maximum 150 square +feet in effective area. +   (d)   SUP required. +      (1)   Non-premise district activity videoboard signs are only permitted +by SUP. +      (2)   All applications for non-premise district activity videoboard signs +must include a report from a traffic engineer stating that the placement of the +sign will not interfere with the effectiveness of traffic control devices +within 300 ft of the sign. +      (3)   If there is a conflict between Subsection +51A-4.206(1) and this section, this section controls. +      (4)   Original applications and renewal applications for non-premise +district activity videoboard signs must include an affidavit stating that the +building meets the occupancy requirements in Subsection (g). +      (5)   Within 10 days after expiration or revocation of the SUP the non- +premise district activity videoboard sign must be removed. +   (e)   Installation. Non-premise district activity videoboard signs must be +securely attached. +   (f)   Projecting signs. Projecting non-premise district activity videoboard +signs: +      (1)   must have a vertical orientation with height exceeding the width at +a minimum 16:9 height-to-width ratio; +      (2)   may project a maximum of 12 feet into the right-of-way: +         (A)   subject to the licensing requirements of Chapter XIV of the City +Charter, +Article VI of +Chapter 43 of the Dallas City Code, the Dallas Building Code, and all other +applicable laws, codes, ordinances, rules, and regulations; +         (B)   subject to review by the traffic engineer to ensure that the +sign will not pose a traffic hazard or visibility obstruction; and +         (C)   provided that no projecting sign may project closer than two +feet to a vertical plane extending through the back of a street curb; +      (3)   must have a minimum clearance of 15 feet above the sidewalk and a +maximum clearance of 35 feet above the sidewalk; and +      (4)   must have videoboard displays on both sides of the sign. +   (g)   Building occupancy requirements. Non-premise district activity +videoboard signs are only permitted on buildings with retail and personal +service uses, lodging uses, or office uses occupying at least 75 percent of the +leasable ground floor area and an overall building occupancy of at least 50 +percent. Non-premise district activity videoboard signs are not allowed on a +lot containing a commercial surface parking lot use. The director shall notify +City Council of any building that falls below the occupancy requirements and +fails to reestablish the occupancy requirement within 120 days. The director +may waive the occupancy requirements of this subsection for up to one year if +the director determines that the building or multi-building complex is +currently being redeveloped. The director may revoke this waiver if +redevelopment stops or is inactive for 90 days or more. (Ord. Nos. 27481; +28347; 28424; 28553; 28822; 29227) +SEC. 51A-7.910.   OPERATIONAL REQUIREMENTS FOR ATTACHED VIDEOBOARD SIGNS. +   (a)   Display.  +      (1)   All videoboard signs: +         (A)   must contain a default mechanism that freezes the image in one +position in case of a malfunction; +         (B)   must automatically adjust the sign brightness based on natural +ambient light conditions in compliance with the following formula: +             +            (i)   the ambient light level measured in luxes, divided by 256 and +then rounded down to the nearest whole number, equals the dimming level; then +            (ii)   the dimming level, multiplied by .0039 equals the brightness +level; then +            (iii)   the brightness level, multiplied by the maximum brightness +of the specific sign measured in nits, equals the allowed sign brightness, +measured in nits. For example: +          32768   =   ambient light in luxes +         ÷ 256    +          128   =   dimming level    +         x .0039 +          .4992   =   brightness level +         x 9000   =   (maximum brightness of the example sign) +         4492.8   =   allowed brightness in nits; +         (C)   must be turned off between 1:00 a.m. and 7:00 a.m. Monday +through Friday and 2:00 a.m. and 8:00 a.m. on Saturday and Sunday; and +         (D)   may not display light of such intensity or brilliance to cause +glare, impair the vision of an ordinary driver, or constitute a nuisance. +      (2)   Non-premise district activity videoboard signs: +         (A)   must have a full color display able to display a minimum of 281 +trillion color shades; and +         (B)   must be able to display a high quality image with a minimum +resolution equivalent to the following table: +  +Non-Premise District Activity Videoboard Sign Resolution Chart +Size of LED Panel Maximum Pixel Size +100 s/f to 125 s/f    16 mm +Greater than 126 s/f    19 mm +  +   (b)   Light intensity. Before the issuance of a videoboard sign permit, the +applicant shall provide written certification from the sign manufacturer that: +      (1)   the light intensity has been factory programmed to comply with the +maximum brightness and dimming standards in the table in Subparagraph (a)(1) +(B); and +      (2)   the light intensity is protected from end-user manipulation by +password-protected software, or other method satisfactory to the building +official. +   (c)   Change of message. Except as provided in this section, changes of +message must comply with the following: +      (1)   Each message must be displayed for a minimum of eight seconds. +      (2)   Changes of message must be accomplished within two seconds. +      (3)   Changes of message must occur simultaneously on the entire sign +face. +      (4)   No flashing, dimming, or brightening of message is permitted except +to accommodate changes of message. +   (d)   Streaming information. If a special events permit has been issued for +district activities, streaming video and audio is permitted, except that ticker +tape streaming is permitted at all times when the videoboard sign is operating. +Ticker tape streaming must be located within the bottom 10 percent of the +effective area. +   (e)   Malfunction. Videoboard sign operators must respond to a malfunction +or safety issue within one hour after notification. (Ord. Nos. 27481; 27572) +SEC. 51A-7.911.   ATTACHED PREMISE SIGNS. +   (a)   Attached signs in general. +      (1)   Attached signs must be securely attached. +      (2)   Attached signs overhanging the public way are permitted, except +that no sign may project closer than two feet to the vertical plane extending +through the back of a street curb. +      (3)   The total effective area for all signs on a facade, excluding media +wall signs in the Discovery Subdistrict and gateway signs in the Chase Tower +Subdistrict, may not exceed: +         (A)   30 percent of the area in the lower level sign area; +         (B)   20 percent of the area in the middle level sign area; and +         (C)   30 percent of the area in the upper level sign area. +Projecting attached signs are not included in these effective area +calculations. See additional restrictions on sign area in the provisions for +specific sign types. +      (4)   Except as provided in this paragraph, attached signs may not +project more than four feet above the roof line. Attached signs in the +Convention Center Subdistrict may not project more than nine feet above the +roof line. +      (5)   Attached premise signs may be videoboard signs, provided that the +message content concerns businesses on the premise which are open for business +for a minimum of 50 weeks per year with employees present a minimum of 30 hours +per week. For operational and maintenance requirements, see Section +51A-7.910. +   (b)   Arcade signs. +      (1)   An arcade sign must be located at least 15 feet from any other +arcade sign. +      (2)    No arcade sign may exceed six square feet in effective area. +      (3)   No arcade sign may be lower than 10 feet above grade. +   (c)   Awning signs. +      (1)   Awning signs in the general CBD, convention center, and Chase Tower +subdistricts. +         (A)   No awning sign may: +            (i)   project more than two inches from the surface of the awning; +or +            (ii)   be lower than 10 feet above grade. +         (B)   The total effective area for any one awning sign may not exceed +six square feet. +         (C)   The total effective area for all awning signs combined on each +street frontage may not exceed 150 square feet. +      (2)   Awning Signs in the Main Street Subdistrict, Retail Subdistrict A, +and Retail Subdistrict B. +         (A)   No awning sign may: +            (i)   project more than two inches from the surface of the awning; +or +            (ii)   be lower than 10 feet above grade. +         (B)   The total effective area for each awning sign may not exceed +eight square feet. +         (C)   The total effective area for all awning signs combined on each +premise may not exceed 180 square feet on each street frontage. +   (d)   Canopy signs. +      (1)   Canopy signs in the general CBD, convention center, and Chase Tower +subdistricts. +         (A)   No canopy sign may: +            (i)   exceed 50 percent of the length of the canopy facade to which +it is attached; +            (ii)   project horizontally more than two inches from the surface +of the canopy; or +            (iii)   be lower than 10 feet above grade. +         (B)   The total effective area for all canopy signs combined on each +street frontage may not exceed 150 square feet. +         (C)   No canopy sign may project vertically above the surface of the +canopy if a lower level flat attached sign is maintained at that occupancy on +the same facade. +         (D)   No canopy sign may project vertically above the surface of the +canopy more than 15 percent of the overall length of the sign. +         (E)   A canopy sign may only be located over a pedestrian entrance to +a premise. +      (2)   Canopy Signs in the Main Street Subdistrict, Retail Subdistrict A, +and Retail Subdistrict B. +         (A)   No canopy sign may: +            (i)   exceed 60 percent of the length of the canopy facade to which +it is attached; +            (ii)   project horizontally more than 12 inches from the surface of +the canopy; or +            (iii)   be lower than 10 feet above grade. +         (B)   The total effective area for all canopy signs combined on each +street frontage may not exceed 180 square feet. +         (C)   No canopy sign may project vertically above the surface of the +canopy if a lower level flat attached sign is maintained at that occupancy on +the same facade. +         (D)   No canopy sign may project vertically above the surface of the +canopy more than 20 percent of the overall length of the sign. +         (E)   Canopy signs may only be located over a pedestrian entrance to a +premise. +   (e)   Flat attached signs. +      (1)   Lower level flat attached signs. +         (A)   Except as provided in this paragraph, the maximum number of +lower level flat attached signs permitted on a facade is the sum obtained by +counting all of the street entrances and first floor occupants with windows on +that facade with no street entrances. +         (B)   In the general CBD, convention center, and Chase Tower +subdistricts, the maximum effective area for a lower level flat attached sign +is: +            (i)   30 square feet if the sign is within 15 feet of the right-of- +way; and +            (ii)   50 square feet if the sign is more than 15 feet from the +right-of-way. +         (C)   Except as provided in this paragraph, in the Main Street +Subdistrict, Retail Subdistrict A, and Retail Subdistrict B, the maximum +effective area for a lower level flat attached sign is: +            (i)   40 square feet if the sign is within 15 feet of the right-of- +way; or +            (ii)   60 square feet if the sign is more than 15 feet from the +right-of-way. +         (D)   In Retail Subdistrict B, if retaining wall signs are erected +pursuant to Section +51A-7.912, a maximum of one flat attached sign is permitted per building entry +with a maximum effective area of 10 square feet per sign. The provisions of +Subparagraph (C) apply in the absence of retaining wall signs. +      (2)   Middle level flat attached signs. +         (A)   Each middle level flat attached sign may have a maximum of eight +words that contain any character of a height equal to or exceeding four inches. +         (B)   Middle level flat attached signs must be wholly or partially +located within the middle level sign area. +         (C)   Except as provided in this subparagraph, the maximum effective +area for a middle level flat attached sign is 500 square feet. In the Whitacre +Tower Subdistrict the maximum effective area for a middle level flat attached +sign is 784 square feet. +         (D)   Middle level flat attached signs may only display the names or +symbols or a combination thereof representing tenants occupying one or more +full floors or 20,000 square feet or more of leasable building area, whichever +is greater. +         (E)   Middle level flat attached signs are only permitted on buildings +with 10 or more stories. +         (F)   One middle level flat attached sign is permitted for every 100 +feet of building height or portion thereof, up to a maximum of three signs, per +facade. +         (G)   Middle level flat attached signs must have a vertical separation +of 75 feet from any other flat attached sign on the same facade in the lower, +middle, or upper level sign area. +      (3)   Upper level flat attached signs. +         (A)   Each upper level flat attached sign may have a maximum of eight +words that contain any character of a height equal to or exceeding four inches. +         (B)   Upper level flat attached signs must be wholly located within +the upper level sign area. +   (f)   Marquee signs. +      (1)   No marquee sign may: +         (A)   exceed 225 square feet for buildings with an entertainment +facility housing 150 seats or less; or +         (B)   exceed 375 square feet for buildings with an entertainment +facility housing more than 150 seats. +      (2)   No marquee sign may be longer than two-thirds of the length of the +frontage of the building to which the marquee is attached. +      (3)   The message area on any marquee sign may not exceed 60 percent of +the effective area of the sign. +      (4)   Marquee signs must have a height dimension of not less than two +feet. +      (5)   No premise may have more than one marquee sign per street frontage. +      (6)   Only an entertainment facility may have a marquee sign. +   (g)   Projecting attached signs. +      (1)   Lower projecting attached signs. +         (A)   No premise may have more than one lower projecting attached sign +per pedestrian entrance. +         (B)   No lower projecting attached sign may exceed 15 square feet in +effective area in the general CBD, convention center, and Chase Tower +subdistricts, or 30 square feet in effective area in the Main Street +Subdistrict, Retail Subdistrict A, and Retail Subdistrict B. +         (C)   No lower projecting attached sign may be lower than 10 feet +above grade, or project vertically above the roof of a building, or 25 feet +above grade, whichever is lower. +         (D)   No lower projecting attached sign may project more than five +feet into the public right-of-way. +      (2)   Upper projecting attached signs. +         (A)   No premise may have more than one upper projecting attached +sign. +         (B)   No upper projecting attached sign may project more than five +feet into the public right-of-way. +         (C)   An upper projecting attached sign: +            (i)   may be located outside the upper level sign area; and +            (ii)   may not be lower than 12 feet above grade. +         (D)   The lowest point of an upper projecting attached sign must be +located within 36 feet above grade. +         (E)   No upper projecting attached sign may exceed 180 square feet in +effective area. +      (3)   The board of adjustment may authorize a special exception to the +effective area, height, or location restrictions for a projecting attached sign +if the board finds, after a public hearing, that the special exception will not +be contrary to the public interest, adversely affect neighboring properties, or +create a traffic hazard and that the special exception will be in harmony with +the general purpose and intent of this division. In no event may a special +exception granted under this paragraph authorize a sign to exceed 300 square +feet in effective area or 45 feet in height. +      (4)   All projecting attached videoboard signs must have videoboard +displays on both sides of the sign. +   (h)   Media wall signs. +      (1)   One media wall sign is permitted in the Discovery Subdistrict only. +      (2)   A media wall sign may be located no lower than 15 feet from grade +and may be located no higher than 125 feet from grade. +      (3)   Non-premise messages are permitted only when streaming live or pre- +recorded media content that is not simply an advertisement or commercial. +      (4)   For purposes of a media wall sign, PREMISE means the property +within the Discovery Subdistrict and the property within the Media Center Plaza +abutting the Discovery Subdistrict. +      (5)   For purposes of a media wall sign, PREMISE SIGN means any sign that +contains content that relates to the premise and referring exclusively to the +following: +         (A)   the name, trade name, or logo of the owner or occupant of the +premises, or the identification of the premise; +         (B)   accommodations, services, or activities offered or conducted on +the premise; +         (C)   products or media content sold, other than incidentally, on the +premise, the intent of which is not to promote third-party advertising but to +allow the products and media content of the premise, but does not include +monetization from third-party advertising; +         (D)   the sale, lease, or construction of the premise; +         (E)   products or media content owned by the owner or its affiliates, +or by the occupant of the premise; +         (F)   public service or sponsorship announcements; and +         (G)   the streaming of live or pre-recorded content. +      (6)   Media wall signs may be a maximum 9,300 square feet in effective +area. For a media wall sign that wraps around the side of a building, a maximum +of 6,650 square feet in effective area is permitted on the north/Jackson Street +side of the building, and a maximum of 2,650 square feet in effective area is +permitted on the west/Akard Street side of the building. +      (7)   A media wall sign: +         (A)   must contain a default mechanism that freezes the image in one +position in case of a malfunction. +         (B)   must automatically adjust the sign brightness based on natural +ambient light conditions in compliance with the following formula: +            (i)   the ambient light level measured in luxes, divided by 256 and +then rounded down to the nearest whole number, equals the dimming level; then +            (ii)   the dimming level, multiplied by .0039 equals the brightness +level; then +            (iii)   the brightness level, multiplied by the maximum brightness +of the specific sign measured in nits, equals the allowed sign brightness, +measured in nits. For example: +   32,768 (ambient light in luxes) ÷ 256 = 128 (dimming level) +   128 (dimming level) x .0039 = 0.4992 (brightness level) +   0.4992 (brightness level) x 9,000 (maximum brightness of the example sign) = +4492.8 (allowed brightness in nits); +         (C)   between 1:00 a.m. and 7:00 a.m., Monday through Friday, and +between 2:00 a.m. and 8:00 a.m. on Saturday and Sunday, +            (i)   must display at no more than 300 nits or five percent of the +total brightness of the sign capabilities, whichever is less; and +            (ii)   may utilize no more than 50 percent of the sign's total +diodes and display no text; +         (D)   may not display light of such intensity or brilliance as to +cause glare, impair the vision of an ordinary driver, or constitute a nuisance; +         (E)   must have a color display able to display a minimum of 281 +trillion color shades; and +         (F)   must be able to display a high-quality image with a minimum +pixel pitch of six mm. +      (8)   Before the issuance of a media wall sign permit, the applicant +shall provide written certification from the sign manufacturer or vendor that: +         (A)   the light intensity has been programmed to comply with the +maximum brightness and dimming formula in Section 51A-7.911(h)(7)(B); and +         (B)   the light intensity is protected from end-user manipulation by +password-protected software, or other method satisfactory to the building +official. +      (9)   Media wall sign operators must respond to a malfunction or safety +issue within one hour after notification. +   (i)   Gateway signs. +      (1)   Two gateway signs are permitted in the Chase Tower Subdistrict +only. +      (2)   Minimum setback is five feet from any public right-of-way. +      (3)   The combined maximum total effective area for both gateway signs is +65 square feet.    +(Ord. 20927; 21404; 21694; 24606; 24925; 27481; 27795; 28346; 29227; 30685; +31191; 31374) +SEC. 51A-7.912.   DETACHED PREMISE SIGNS. +   (a)   Unless otherwise provided, all detached premise signs must be monument +signs or landscape signs. +   (b)   No detached premise sign may be located within five feet of a public +right-of-way, except for monument signs or landscape signs, which may be +located at the building line. +   (c)   Except as provided in this section, detached premise signs located +within 15 feet of a public right-of-way may not exceed 20 square feet in +effective area, or five feet in height. +   (d)   Except as provided in this section, detached premise signs with a +setback of 15 feet or greater from a public right-of-way may not exceed 50 +square feet in effective area, or 15 feet in height. +   (e)   A detached premise sign may contain only the name, logo, and address +of the premise building and its occupants. +   (f)   Section +51A-7.304(c) of the Dallas Development Code, as amended, does not apply to +monument signs or landscape signs in this district. +   (g)   A premise having more than 450 feet of frontage along a street may +have no more than one additional detached premise sign for each additional 100 +feet of frontage or fraction thereof. For purposes of the subsection, “street” +means a right-of-way that provides primary access to adjacent property. +   (h)   The following additional regulations apply in Retail Subdistrict B. +      (1)   Campus identification sign. +         (A)   One campus identification sign is permitted if the building site +contains a single building with a floor area of 1.5 million square feet or +greater. +         (B)   This sign must be located within 15 feet of the right-of-way. +         (C)   Maximum height is four feet, six inches. +         (D)   Maximum effective area is 77 square feet. +         (E)   The message area cannot exceed 70 percent of the effective area. +         (F)   Push-through acrylic lettering is required. No other lettering +is permitted. +      (2)   Additional monument signs. +         (A)   Three additional monument signs are permitted if the building +site contains a single building with a floor area of 1.5 million square feet or +greater. +         (B)   Maximum height is four feet, six inches. +         (C)   Maximum effective area of each sign is 45 square feet. +         (D)   The message area cannot exceed 60 percent of the effective area. +         (E)   These signs may be located along any street, provided there are +no more than five detached premise signs oriented toward any street. +         (F)   The 200-foot spacing provision in Section +51A-7.304, “Detached Signs,” for detached signs on the same premise does not +apply to additional monument signs permitted by this paragraph. +      (3)   Retaining wall signs. +         (A)   A maximum of four retaining wall signs are permitted. +         (B)   Maximum effective area of each sign is 40 square feet. +      (4)   Pedestrian-oriented concession signs. +         (A)   A maximum of three pedestrian-oriented concessions signs are +permitted. +         (B)   These signs may contain campus and associated identification. +         (C)   Minimum setback is 15 feet. +         (D)   Maximum height is eight feet, eight inches. +         (E)   Maximum effective area of each sign is 30 square feet. +         (F)   There is no message area restrictions for these signs. +         (G)   Push-through acrylic lettering is required. No other lettering +is permitted. +      (5)   Illumination. +         (A)   Except as provided in this paragraph, internal sources of +illumination may only be used if the internal source is an integral part of the +sign’s design, such as the use of light emitting diodes (LED) or small +individual incandescent lamps. +         (B)   Except as provided in this paragraph, detached premise signs +must not have a plastic translucent cover. +         (C)   Retaining wall signs and pedestrian-oriented concession signs +may be externally lit, or internally lit with a translucent or transparent +cover, without limitation to the type of lighting or cover materials.     +(i)   The following additional regulations apply in the Chase Tower +Subdistrict. +   (i)   The following additional regulations apply in the Chase Tower +Subdistrict. +      (1)   The following two detached premise signs are permitted only along +the Pearl Street frontage: one monument sign and one landscape sign. +      (2)   The landscape sign may not exceed 50 square feet in effective area +or 15 feet in height. +      (3)   The minimum setback for the monument sign is 10 feet from the +public right-of-way. The monument sign may not exceed 80 square feet in +effective area or 12 feet in height. (Ord. Nos. 20167; 21404; 22425; 24606; +24925; 29227 ; 31374) +SEC. 51A-7.913.   CONSTRUCTION BARRICADE SIGNS. +   (a)   The director shall review all construction barricade signs for +consistency with the construction fence requirements of the Dallas Central +Business District Streetscape plan. Upon approval of the signs by the director, +a sign permit for the signs may be issued. This review is a condition precedent +for any permit issued for a construction barricade. No additional sign permits +for the barricade may be issued after the barricade permit is issued. +   (b)   A construction barricade sign may not project more than two inches +from the surface of the construction barricade. +   (c)   A construction barricade sign may neither be lighted nor contain any +moving parts. +   (d)   A construction barricade sign must be removed when the construction +barricade is removed. +   (e)   A minimum of ten percent of the effective area of a construction +barricade sign must display city park names, city activities, district +activities, or the names of the owner, occupant, or district sponsor of the +construction site. +   (f)   A construction barricade sign may not exceed eight feet in height. +   (g)   A construction barricade may be fully decorated or graphically +designed if: +      (1)   no decoration or graphic horizontally projects more than two inches +from the surface of the barricade; or +      (2)   no decoration or graphic vertically projects more than four feet +above the top of the barricade. +   (h)   A construction barricade sign may contain one non-premise message per +street frontage. (Ord. Nos. 19455; 20167; 21404; 24606; 24925; 25047; 28073; +28347; 28553) +SEC. 51A-7.914.   BANNERS ON STREETLIGHT POLES. +   Banners on streetlight poles are subject to the following regulations: +   (a)   A banner must display a promotional message, a welcome message, or +generic graphics. +   (b)   No more than 10 percent of the effective area of a banner may contain +a welcome message that identifies and greets a group using city property in +accordance with a contract, license, or permit. +   (c)   Up to 10 percent of the effective area of a banner may contain the +word(s) or logo(s) that identify a sponsor of a cultural event or activity if +the sponsor’s name is part of the name of the activity or event. +   (d)   A banner having either a promotional message or a welcome message may +not be erected more than 90 days prior to the beginning of the advertised +activity or event, and must be removed no later than 15 days after that +activity or event has ended. The sign hardware for a banner may be left in +place between displays of a banner. +   (e)   A banner and its sign hardware must: +      (1)   be mounted on a streetlight pole; +      (2)   meet the sign construction and design standards in the Dallas +Building Code; +      (3)   be at least 12 feet above grade, unless it overhangs a roadway, in +which case it must be at least 15 feet above grade; +      (4)   be made out of weather-resistant and rust-proof material; +      (5)   not project more than three feet from the pole onto which it is +mounted; and +      (6)   not exceed 20 square feet in effective area. +   (f)   No sign permit or certificate of appropriateness is required to erect +or remove a banner. (Ord. Nos. 21404; 24606; 24925) +SEC. 51A-7.915.   WINDOW ART DISPLAYS IN VACANT BUILDINGS. +   Window art displays on the ground floor of a vacant building are allowed +subject to the following regulations: +   (a)   A window art display may contain only a promotional message, generic +graphics (including three-dimensional artifacts), a message identifying the +sponsor of the display, or a message referring to the sale or lease of the +premises. +   (b)   Window signs in a window art display may not: +      (1)   cover more than 25 percent of the surface area of a window; +      (2)   contain a logo or word that has any character that exceeds five +inches in height; +      (3)   advertise a specific product or service other than the cultural +event or activity; or +      (4)   have more than 10 percent or four square feet, whichever is less, +of its effective area devoted to sponsorship identification. +   (c)   No sign permit or certificate of appropriateness is required to erect +or remove a window art display. (Ord. Nos. 21404; 24606; 24925) +SEC. 51A-7.916.   NONCOMMERCIAL MESSAGE NONDISCRIMINATION. +   Notwithstanding any other provision of this division, any sign that may +display a type of noncommercial message may display in place of that message +any other type of noncommercial message, so long as the sign complies with +other requirements of this article and other ordinances that do not pertain to +the content of the message displayed. Section +51A-7.209 of the Dallas Development Code, as amended, applies to this district. +(Ord. Nos. 21404; 24606; 24925) +SEC. 51A-7.917.   ACTIVITY DISTRICT CHANGEABLE MESSAGE SIGNS. +   (a)   No more than six activity district changeable message signs may be +located in this district. +   (b)   Activity district changeable message signs in the general CBD and +convention center subdistricts: +      (1)   may be attached or detached signs; +      (2)   must be located at least 1500 feet apart; +      (3)   if attached signs, must be located on separate facades; and +      (4)   may not exceed 450 square feet in effective area. +   (c)   Activity district changeable message signs in the Main Street +Subdistrict, Retail Subdistrict A, and Retail Subdistrict B: +      (1)   must be attached signs; +      (2)   must be located at least 300 feet apart; +      (3)   must be located on separate facades; and +      (4)   may not exceed 200 square feet in effective area. +   (d)   A maximum of four activity district changeable message signs may be +located in the general CBD and convention center subdistricts collectively, and +a maximum of two activity district changeable message signs may be located in +the Main Street Subdistrict, Retail Subdistrict A, and Retail Subdistrict B, +collectively. +   (e)   Activity district changeable message signs may not exceed 60 feet in +height. +   (f)   Activity district changeable message signs may only promote district +activities within this district or West End Special Provision Sign District, +Deep Ellum Special Provision Sign District, Arts District Special Provision +Sign District, and Farmers Market Special Provision Sign District. +   (g)   No more than 10 percent of the effective area of a district changeable +message sign may be devoted to sponsorship identification. +   (h)   No more than eight permanent words may be located on an activity +district changeable message sign. +   (i)   There is no limit to the number of words on the changeable message +portion of an activity district changeable message sign. +   (j)   No attached activity district changeable message sign may project +above the roof. +   (k)   Activity district changeable message signs must be securely anchored +and meet design standards approved by the Special Sign District Advisory +Committee. (Ord. Nos. 24606; 24925; 28346; 29227) +SEC. 51A-7.918.    KIOSKS. +   (a)   Kiosks for which permits were issued after March 9, 2005. +      (1)   Kiosks may only be erected as part of a city-wide kiosk program +approved by the city council. +      (2)   Kiosks are not subject to this section, and must meet the design +standards of a city-wide kiosk program approved by the city council. +   (b)   Kiosks for which permits were issued on or before March 9, 2005. +      (1)   Kiosks may display premise or non-premise messages. +      (2)   Kiosks must be spaced at least 300 feet apart. +      (3)   No kiosk may be illuminated by a detached, independent external +light source. +      (4)   Kiosks may not be located on sidewalks unless: +         (A)   an unobstructed sidewalk width of 10 feet is maintained on any +side with a message area; or +         (B)   an unobstructed sidewalk width of seven feet is maintained with +no message area. +      (5)   Kiosks must be securely anchored. +      (6)   Except as provided in this section, kiosks must meet the design +standards of a city-wide kiosk program approved by the city council. +      (7)   Kiosks may contain coin-operated public toilets. +      (8)   Kiosks may not exceed: +         (A)   10 feet in height; +         (B)   80 square feet in effective area; or +         (C)   100 square feet in effective area if a kiosk contains a coin- +operated public toilet. +      (9)   The effective area of a kiosk is measured using the rule for +measuring the effective area of detached signs. +      (10)   The message area of a kiosk may not exceed 60 percent of the +effective area of the kiosk. +         (A)   One-third of the message area of a kiosk must identify a +district activity or be an area way-finding map. The message area identifying a +district activity or containing an area way-finding map must be oriented to be +visible from a sidewalk within the public right-of-way. +         (B)   There is no limit as to the number of words containing +characters of a height equal to or exceeding four inches on a kiosk. +      (11)   Kiosks with area way-finding maps must have the word “information” +or an information symbol above the message area. +      (12)   Kiosks may be relocated within this district, provided the new +location and kiosk design complies with this section. (Ord. Nos. 24606; 24925; +25926) +SEC. 51A-7.919.    MOVEMENT CONTROL SIGNS. +   (a)   Except as provided in this section, movement control signs must direct +vehicular or pedestrian movement within this district or to adjacent districts +and may include the name or logo of any premise located in this district or the +name or logo of any adjacent district. +   (b)   Movement control signs that include the name or logo of two or more +premises may: +      (1)   be attached or detached signs; +      (2)   not exceed 30 square feet in effective area; +      (3)   be located in a public right-of-way; or +      (4)   be erected anywhere within the district without limit as to number. +   (c)   Movement control signs that include the name or logo of one premise +may: +      (1)   be attached or detached signs; +      (2)   be erected on the premise without limit as to number; +      (3)   not exceed two square feet in effective area; and +      (4)   not be located in the public right-of-way. +   (d)   The following additional regulations apply in Retail Subdistrict B. +      (1)   Movement control signs cannot include the name or logo of any +premise located in this subdistrict or adjacent subdistricts. +      (2)   Pedestrian movement control signs may: +         (A)   be attached or detached signs; +         (B)   not exceed 10 square feet in effective area; +         (C)   not exceed a message area of 75 percent; +         (D)   not exceed a maximum letter height of five inches; +         (E)   not be located in a public right-of-way; and +         (F)   be erected anywhere in this subdistrict without limitation as to +number. +      (3)   Vehicular movement control signs may: +         (A)   be attached or detached signs; +         (B)   not exceed two square feet in effective area; +         (C)   not be located in a public right-of-way; and +         (D)   be erected anywhere in this subdistrict without limitation as to +number. +   (e)   The following regulations apply in the Chase Tower Subdistrict: +      (1)   A movement control sign may only be a detached sign. +      (2)   A movement control sign may not exceed eight square feet in +effective area. +      (3)   An unlimited number of movement control signs may be erected +anywhere within the subdistrict. +      (4)   A movement control sign may not be located in the public right-of- +way. (Ord. Nos. 24606; 24925; 29227 ; 31374) +SEC. 51A-7.920.   DISTRICT IDENTIFICATION SIGNS. +   (a)   A district identification sign may only: +      (1)   identify the name or logo of the Main Street Subdistrict, Retail +Subdistrict A, or Retail Subdistrict B as approved by the city council; and +      (2)   be located in the subdistrict it identifies. +   (b)   A district identification sign may be located in the right-of-way. +   (c)   No district identification sign may be a changeable message sign. +   (d)   A district identification sign may only be a monument sign, a banner +sign, or be located on a structure that spans a right-of-way or on a +nonenclosing wall. +   (e)   A maximum of six district identification signs are allowed in the Main +Street Subdistrict, Retail Subdistrict A, and Retail Subdistrict B, +collectively. +   (f)   No district identification sign may exceed 50 square feet in effective +area. +   (g)   No district identification sign may exceed five words. +   (h)   A structure that spans a right-of-way or a nonenclosing wall +containing a district identification sign: +      (1)   may not exceed 900 square feet in effective area; +      (2)   must be at least 15 feet above grade; and +      (3)   may not exceed 25 feet in height. +   (i)   Monument identification signs located within 15 feet of a public +right-of-way may not exceed 20 square feet in effective area, or five feet in +height. +   (j)   Monument identification signs located more than 15 feet from a public +right-of-way may not exceed 50 square feet in effective area, or 15 feet in +height. +   (k)   Banner district identification signs and their hardware must meet the +sign construction and design standards contained in the Dallas Building Code, +and be at least 12 feet above grade, unless they overhang a roadway, in which +case they must be at least 15 feet above grade; +      (1)   No banner district identification sign and its hardware may exceed +25 feet in height; +      (2)   No banner district identification sign and its hardware may project +more than three feet from the pole on which they are mounted; +      (3)   A banner district identification sign and its hardware must be +spaced at least 100 feet from other banner district identification signs; +      (4)   A banner district identification sign and its hardware may not +exceed 24 square feet in effective area; and +      (5)   A banner district identification sign and its hardware must be made +of weather-resistant and rust proof material. (Ord. Nos. 24606; 24925; 29227) +SEC. 51A-7.921.    PROTECTIVE SIGNS. +   (a)   The occupant of a premise may erect no more than two detached +protective signs in accordance with the following provisions: +      (1)   No sign may exceed 700 square inches in effective area. +      (2)   No detached sign may exceed two feet in height. +      (3)   No word may exceed four inches in height, unless otherwise required +by law. +   (b)   The occupant of a premise may erect attached protective signs at each +entrance to a premise in accordance with the following provisions: +      (1)   No sign may exceed 700 square inches in effective area. +      (2)   The cumulative messages may not exceed 1,300 square inches per +entrance. +      (3)   No word may exceed four inches in height, unless otherwise required +by law. (Ord. Nos. 24606; 24925) +SEC. 51A-7.922.    SPECIAL PURPOSE SIGNS. +   (a)   Illumination. Special purpose signs may be externally or internally +illuminated. +      (1)   Attached signs. +         (A)   Only one attached premise special purpose sign may be located on +each facade per premise up to four times within any 12-month period as long as: +            (i)   the sign is maintained for no more than 45 days each time +during that 12-month period; +            (ii)   the sign conforms to all other regulations for attached +signs; and +            (iii)   the effective area of the sign does not exceed: +               (aa)   30 percent of the building facade for an entertainment +facility; or +               (bb)   10 percent of the building facade for other uses. +         (B)   There is no limit to the number of words permitted on an +attached premise special purpose sign. +      (2)   Detached special purpose signs are prohibited in this district. +(Ord. Nos. 24606; 24925) +SEC. 51A-7.923.   OTHER TEMPORARY SIGNS. +   (a)   In addition to the protective signs permitted under Section +51A-7.921, temporary protective signs may be erected anywhere on a construction +site at anytime during construction subject to the following provisions: +      (1)   There is no limit on the number of temporary protective signs on a +construction site. +      (2)   No sign may exceed 20 square feet in effective area, or eight feet +in height. +      (3)   Temporary protective signs may be illuminated, but no lighting +source may project more than three inches from the vertical surface, or six +inches above the top, of the sign. +      (4)   All temporary protective signs must be removed upon completion of +the construction. +   (b)   “For Sale,” “For Lease,” “Remodeling,” and “Under Construction” signs. +Signs that relate exclusively to the sale, lease, remodeling, or construction +of the premises on which they are located are permitted subject to the +following provisions: +      (1)   Attached signs. +         (A)   There is no limit on the number of attached signs permitted. +         (B)   If the sign is attached to a window, the maximum effective area +of the sign is 16 square feet. +         (C)   If the sign is attached to other portions of a facade, the +maximum effective area of the sign is 32 square feet. +      (2)   Detached signs. +         (A)   Detached signs are limited to one for each 100 feet of frontage +on a public street or private access easement. +         (B)   No detached sign may exceed 128 square feet in effective area, +or 16 feet in height. (Ord. Nos. 24606; 24925) +SECS. 51A-7.924 THRU 51A-7.929.   RESERVED. +SEC. 51A-7.930.   SUPERGRAPHIC SIGNS. +   (a)   Definitions.   In this section: +      (1)   AFFILIATE means any person who is an owner, shareholder, member, +partner, agent, officer, or director of an applicant for a supergraphic sign +location permit pursuant to this section or a person who has a contractual +relationship with an applicant related to supergraphic signs. +      (2)   CENTRAL BUSINESS DISTRICT WALLSCAPE SIGN means a supergraphic sign +located in the inner loop area that is neither a promotional wallscape nor a +civic center wallscape. +      (3)   CIVIC CENTER WALLSCAPE SIGN means a supergraphic sign located on a +city-owned performance venue with a minimum 1,000 person seating capacity, +convention center, or library. +      (4)   INNER LOOP AREA means the Main Street Subdistrict, Retail +Subdistrict A, Retail Subdistrict B, the Convention Center Subdistrict, and the +General CBD Subdistrict. +      (5)   LOCATION PERMIT means a sign permit to erect a supergraphic sign in +a specific location. +      (6)   PROMOTIONAL WALLSCAPE SIGN means a supergraphic sign that +identifies or promotes a cultural activity or sporting event that significantly +benefits the city. +      (7)   QUALIFIED APPLICANT means any person who has been qualified by the +director to apply for a location permit. +      (8)   SUPERGRAPHIC SIGN means a large attached premise or non-premise +sign on a mesh or fabric surface, or a projection of a light image onto a wall +face without the use of lasers. +      (9)   WALL FACE means an uninterrupted blank plane of a wall, from +vertical edge to vertical edge, from its highest edge to its lowest edge. Edges +can be established by a distinct change in materials or off-set which runs +across (transects) the entire wall in a straight line. +   (b)   Visual display and coverage. +      (1)   Except as provided in this paragraph, a supergraphic sign must have +one large visual display with a minimum of 80 percent non-textual graphic +content (no more than 20 percent text). +         (A)   Multiple displays giving an appearance of multiple signs are +prohibited. +         (B)   The effective area of text is the sum of the areas within +minimum imaginary rectangles of vertical and horizontal lines, each of which +fully contains a word. +         (C)   A promotional wallscape sign may contain 10 percent text or logo +related to sponsorship. The remainder of the promotional wallscape sign must +promote the special event. +      (2)   Subject to the maximum effective area in Subsection (c), a central +business district wallscape sign must cover at least 60 percent of the wall +face of the building to which it is attached. The lower 10 feet of the wall +face may not be covered and is disregarded in calculating the coverage area. +      (3)   Supergraphic signs are intended to be creative and artful and not +strictly a representation of an advertised product. It is the intent of this +provision to: +         (A)   encourage the use of illustrative images or other non-repetitive +design elements; +         (B)   encourage visually interesting, vibrant, and colorful designs; +         (C)   discourage use of solid colors or repetitive design elements; +and +         (D)    discourage an image of a single product or product logo without +other graphic elements. +      (4)   Supergraphic signs may be internally or externally illuminated. If +internally illuminated, a supergraphic sign may consist of translucent +materials, but not transparent materials. +      (5)   No building may have more than two central business district +wallscape signs. The two central business district wallscape signs must be +oriented a minimum of 90 degrees from each other. +   (c)   Effective area. Minimum permitted effective area of a central business +district wallscape sign is 2,500 square feet. This subsection controls over +Paragraph (b)(2). +   (d)   Height. No central business district wallscape sign or civic center +wallscape sign may exceed 450 feet in height. There is no maximum height for +promotional wallscape signs. +   (e)   Number of sign locations permitted. +      (1)   No more than 22 central business district wallscape locations are +permitted within the inner loop area. +      (2)   No more than four civic center wallscape locations are permitted +within the inner loop area. +      (3)   No supergraphic signs are permitted outside of the inner loop area. +   (f)   Extensions. +      (1)   Except as provided in Paragraph (2), a supergraphic sign may not +extend beyond the edge of the face of the building to which it is attached. +      (2)   A supergraphic sign may wrap around the edge of a building if: +         (A)   both building facades to which the supergraphic sign is attached +are otherwise eligible facades; and +         (B)   the supergraphic sign is one continuous image. +   (g)   Location. +      (1)   A central business district wallscape sign may only be located on a +blank wall face. +      (2)   No supergraphic sign may: +         (A)   cover any window or architectural or design feature of the +building to which it is attached; +         (B)   be attached to a federal-, state-, or city-designated historic +or landmark structure; +         (C)   be attached to a facade erected or altered after June 1, 2005; +         (D)   be attached to a facade on Pacific Avenue between Akard Street +and Ervay Street; +         (E)   be attached to a facade facing Main Street Garden or Belo +Garden. +      (3)   Except as provided in Paragraph (4), central business district +wallscape signs are only permitted on parking structures or buildings with +lodging, residential, retail and personal service, or office uses occupying at +least 75 percent of the leasable ground floor area and an overall building +occupancy of at least 50 percent of the floor area. +      (4)   The director may waive the requirements in Paragraph (3) for up to +one year if the director determines that the building or multi-building complex +is currently being redeveloped. The director may revoke this waiver if +redevelopment stops or is inactive for 90 days or more. +   (h)    Message duration. A supergraphic sign location may not display the +same message for more than four consecutive months in any 12-month period. +   (i)    Hardware fasteners. All hardware fasteners for a supergraphic sign +must comply with the Dallas Building Code and all other ordinances, rules, and +regulations of the City of Dallas. +   (j)    HBA signs prohibited. No supergraphic sign may be a Highway +Beautification Act (HBA) sign as defined in Section +51A-7.102. +   (k)    Permits. +      (1)   Application to be a qualified applicant. +         (A)   An applicant shall submit an application to the director for the +purpose of qualifying as an applicant. The application must include: +            (i)   the name, address, phone number, and other pertinent +information of the applicant, and if the applicant is a business entity, the +names and business addresses of the principal officers, managers, and other +persons who own more than five percent of the entity; and +            (ii)   an affidavit stating that the applicant is in good standing +with the city on all code enforcement matters related to supergraphic signs. +         (B)   A person may not qualify as an applicant if that person: +            (i)   has any outstanding code violations related to supergraphic +signs; +            (ii)   has previously displayed a non-permitted supergraphic sign +within the previous 12 month period; or +            (iii)   is an affiliate of another qualified applicant. +      (2)   Location permit. +         (A)    Qualified applicants must submit a separate location permit +application for each location. The director shall time stamp all applications +upon receipt. +         (B)   The director shall review location permit applications in order +of submittal. If the director determines that a location permit application is +incomplete or does not meet the guidelines, the director shall reject the +application and then review the next location permit application. If the +initial number of location permit applications exceeds the number of location +permits available, the director shall provide for a lottery to distribute the +location permits. +         (C)   An application for a supergraphic sign location permit must +contain: +            (i)   a memorandum of lease, sworn to by affidavit, that shows that +the qualified applicant has an enforceable lease for a supergraphic location; +            (ii)   an affidavit stating that the property where the +supergraphic sign will be located has no outstanding code enforcement matters; +            (iii)   a current tax certificate and affidavit stating that there +are no unpaid governmental liens for the supergraphic sign location; and +            (iv)   an affidavit stating that the building meets the occupancy +requirements in Paragraph (g)(3). +         (D)   Location permit holders may not be an affiliate of any other +location permit holder. +         (E)   A person may not have more than nine pending or active location +permits combined at any one time. +         (F)   A person shall not obtain a location permit for use by another +person. +         (G)   A location permit expires four years after the date of issuance. +         (H)   The director shall revoke a location permit if the location has +displayed obsolete supergraphic advertising or has been without supergraphic +advertising matter for six months or more. +         (I)   A holder of a location permit may apply for renewal of the +location permit by filing a complete application for renewal with the director +no more than 180 days before the expiration of the current permit. To be +eligible for a renewal of a location permit, an applicant must meet the +qualification criteria under Paragraph (1). +      (3)   Promotional wallscape signs. An application for a promotional +wallscape must be supported by a resolution of the city council that recognizes +the activity or event as significantly benefiting the city. A promotional +wallscape may not be erected more than 60 days before the beginning of the +activity or event and must be removed not later than 30 days after the activity +or event has ended. +      (4)   Review procedure. The director shall review all applications for +location permits and copy change permits using the director procedure in +Section +51A-7.505. +   (l)   Mandatory removal in 2019. All supergraphic signs must be removed on +or before July 31, 2019. This section does not confer a nonconforming or vested +right to maintain a supergraphic sign after July 31, 2019, and all permits +authorizing supergraphic signs shall automatically expire on that date. +   (m)   Sunset. This section expires on July 31, 2019, unless re-enacted with +amendment before that date. The city plan commission and city council shall +review this section before its expiration date. (Ord. Nos. 24717; 24925; 24926; +25291; 25995; 27300; 27587; 28346; 28347; 28553; 29227) +SEC. 51A-7.931.   CONVENTION CENTER COMPLEX ACCENT LIGHTING. +   (a)   The convention center complex may have building accent lighting +consisting of LED or similar technology that changes colors and brightness. +   (b)   Convention center complex accent lighting may display images, symbols, +logos, or words that are associated with +      (1)   a convention or event taking place within the convention center +complex or; +      (2)   an event or activities taking place within the Downtown Special +Provision Sign District. (Ord. 28346) +SEC. 51A-7.932.    AKARD STATION SUBDISTRICT. +   (a)   Purpose. It is the intent of this subdistrict to: +      (1)   create an aesthetically pleasing environment that promotes an +atmosphere of vitality appropriate for a place where thousands of citizens +gather for living, working, commuting, entertainment, and celebration; +      (2)   encourage the use of innovative, colorful, and entertaining signs, +and signs that bring a distinctive character and attract people to downtown; +      (3)   identify and promote Akard Station as a vibrant centerpiece of +ingress and egress in the heart of the Central Business District; +      (4)   encourage signs with a style, orientation, and location that take +into consideration the high number of pedestrians and commuters expected within +this district; +      (5)   communicate clear directions to and through the subdistrict; and +      (6)   promote the economic success of businesses within the subdistrict. +   (b)   In general. Except as provided in this section, signs must comply with +the Downtown Special Provision Sign District in Division 51A-7.900. If there is +a conflict between the text of this section and this division, the text of this +section controls. +   (c)   Definitions. In this section: +      (1)   BUILDING IDENTIFICATION SIGN means a sign identifying a building +within the subdistrict. +      (2)    FACADE-INTEGRATED SIGN means a sign that is part of a skin system +for a portion of a building facade, has no fenestration, projects no more than +12 inches from the building facade, and the sign hardware is visually concealed +from public rights-of-way. +      (3)   MIDDLE-LEVEL SIGN AREA means that portion of a building facade that +is between the lower-level sign area and the upper-level sign area not to +exceed 100 feet above grade. +      (4)   UPPER-LEVEL SIGN AREA means that portion of a building facade 36 +feet or less from the top of a building. +   (d)   Special provisions for all signs. +      (1)   The maximum effective area of all signs combined is 10 percent of +the total area of all building facades within this subdistrict. +      (2)   Permits for all signs in the Akard Station Subdistrict are subject +to the director procedure in Section 51A-7.505(4). +      (3)   Except as otherwise limited by maximum effective areas allowed in +this subdistrict, there is no maximum size or number of individual signs. +   (e)   Non-premise signs. +      (1)   Non-premise signs are only allowed on a building constructed before +1970 that contains at least 1,000,000 square feet of floor area. +      (2)   Non-premise signs may only be located in the middle-level sign +area. +      (3)   Maximum total effective area of non-premise signs is 19,100 square +feet. Minimum effective area of a single non-premise sign is 3,000 square feet. +A message that wraps a building corner is considered one sign.    +      (4)   Not more than 50 percent of all non-premise signage may be digital. +      (5)   The portion of a non-premise facade-integrated sign not devoted to +building identification must be one large visual display with a minimum of 80 +percent non-textual graphic content (no more than 20 percent text). +      (6)   A maximum of six signs may display non-premise messages at one +time. +      (7)   No more than two non-premise signs may be displayed on a facade at +one time. +      (8)   The same non-premise sign message may not be displayed for a period +longer than 12 consecutive months. +   (f)   Digital signs. +      (1)   Digital signs must be facade-integrated signs and may only be +located in the middle-level sign area. +      (2)   Digital signs must comply with the operational requirements for +attached videoboard signs in Section 51A-7.910. +   (g)   HBA signs. No sign may be a Highway Beautification Act (HBA) sign as +defined in Section 51A-7.102. +   (h)   Lower-level sign area. +      (1)   The total effective area for all signs in the lower-level sign area +is 7,500 square feet. +      (2)   Premise signs located behind a window with at least 75 percent non- +textual graphic content are not included in the calculation of effective area +of signage within the lower-level sign area. +      (3)   Signs may be attached to a window or glass door and may exceed 15 +percent of the area of that window or glass door or be located within the upper +two-thirds of that window or glass door if the building official determines +that the proposed signs do not eliminate visibility into or out of the premise. +A sign authorized by this paragraph: +         (A)   must be made of translucent vinyl or a similar material with at +least a 65/35 perforation pattern (a maximum of 65 percent of the area is +closed, a minimum of 35 percent of the area is open); and +         (B)   may only have images; any text or characters on the sign are +limited to 15 percent of the window area and are only permitted in the lower +one-third of the window. +      (4)   Facade-integrated signs are not allowed in the lower-level sign +area. +   (i)   Middle-level sign area. +      (1)   The total effective area for all signs in the middle-level sign +area is 30,000 square feet. +      (2)   Middle-level signs must be facade-integrated signs. Facade- +integrated signs may be digital signs or static signs with a light source that +is not directly visible. +      (3)   To effectively balance the desire for significant signage and +vibrancy within this subdistrict, a minimum of 1,400 square feet of effective +area must display promotional messages in the Central Business District. An +additional minimum of 1,500 square feet of effective area must display: +         (A)   promotional messages in the Central Business District, or +         (B)   images of artwork, historically significant buildings, or events +within the city. +      (4)   A minimum of 1,800 square feet of the effective area of facade- +integrated signs must be a building identification signage. Building +identification signage may be included within or as a portion of any other +sign. +      (5)   Digital signs are prohibited on a building facade facing Akard +Street. +      (6)   Each new non-premise sign permit application for signs in the +middle-level sign area must be submitted with a form provided by the department +of development services detailing compliance with this section. +   (j)   Upper-level sign area. +      (1)   The total effective area for all signs in the upper-level sign area +is 6,500 square feet. +      (2)   Facade-integrated signs are not allowed in the upper-level sign +area. +   (k)   Signage study. +      (1)   Property owner or operator shall submit a signage study evaluating +the types and ratio of signs in this subdistrict. The signage study must be in +writing, must be submitted to the director between 60 and 90 days before +December 31, 2021, and must include: +         (A)   a summary of all middle-level sign permit applications, +including the forms submitted detailing compliance with this section; and +         (B)   the total number of notices of violation and citations issued by +the City of Dallas for violating this section since May 27, 2015. +      (2)   Within 30 days after submission of the signage study, the director +shall forward to the city council. If no signage study is submitted by the +deadline, the director shall notify city council. +   (j)   Nonconforming or vested rights. This section does not confer a +nonconforming or vested right to maintain a non-premise sign after the maximum +period allowed for a non-premise message has expired. (Ord. Nos. 29751; 32002) +Division 51A-7.1000. West End Historic Sign District. +SEC. 51A-7.1001.   DESIGNATION OF WEST END HISTORIC SIGN DISTRICT. +   (a)   The West End Historic Sign District is hereby recognized as that area +of the city within the boundaries described in the Exhibit A attached to +Ordinance No. 30139, passed by the Dallas City Council on June 22, 2016. +   (b)   The Purse Building subdistrict is hereby created within the West End +Historic Sign District. The boundaries of the Purse Building subdistrict are +described in Exhibit B attached to Ordinance No. 30139, passed by the Dallas +City Council on June 22, 2016. +   (c)   The Antioch Church subdistrict is hereby created within the West End +Historic Sign District. The boundaries of the Antioch Church subdistrict are +described in Exhibit C attached to Ordinance No. 30663, passed by the Dallas +City Council on September 27, 2017. (Ord. Nos. 19455; 21404; 22112; 26027; +30139; 30663) +SEC. 51A-7.1002.   PURPOSE. +   The purpose of this division is to regulate the construction of new signage +and alterations made to existing signage with a view towards preserving the +historic nature of this district. The general objectives of this division +include those listed in Section +51A-7.101 as well as aesthetic considerations to insure that new signage is of +appropriate historical design and does not visually obscure significant +architectural features of a building or the district in general. (Ord. Nos. +19455; 21404; 22112; 26027) +SEC. 51A-7.1003.   DEFINITIONS. +   In this division: +      (1)   BANNER means a sign attached to or applied on a strip of cloth and +temporarily attached to a building or structure. Canopy signs and political +flags are not banners. +      (2)   CANOPY SIGN means a sign attached to, applied on, or supported by a +canopy or awning. +      (3)   FLAT ATTACHED SIGN means an attached sign projecting four or less +inches from a building. +      (4)   GENERIC GRAPHICS means any pattern of shapes, colors, or symbols +that does not commercially advertise. +      (5)   LOWER LEVEL SIGN means a sign partially or wholly situated below +the top of the first floor windows or, if there are no first floor windows, +below a point 12 feet above grade. +      (6)   MARQUEE means a permanent canopy projecting over the main entrance +of a building. A marquee is considered to be part of the building. +      (7)   MARQUEE SIGN means a sign attached to, applied on, or supported by +a marquee. +      (8)   NIGHT means the time period from one-half hour after sunset to one- +half hour before sunrise. +      (9)   PAINTED APPLIED SIGN means a sign painted directly on to the +exterior facade of a building, not including doors and windows. +      (10)   PROJECTING ATTACHED SIGN means an attached sign, other than a roof +sign, projecting 18 or more inches from a building. +      (11)   PROMOTIONAL MESSAGE means a message that identifies or promotes a +cultural activity or event that benefits the city. Benefit to the city is +established by: +         (A)   use of city property in accordance with a contract, license, or +permit; +         (B)   the receipt of city monies for the activity or event; or +         (C)   resolution of the city council that recognizes the activity or +event as benefitting the city. +      (12)   ROOF SIGN means a sign that is attached by sign supports to the +roof of a building. +      (13)   SIGN HARDWARE means the structural support system for a sign, +including the fastening devices that secure a sign to a building facade or +pole. +      (14)   THIS DISTRICT means the West End Historic Sign District. +      (15)   TYPE A FACADE means a facade with a total window area comprising +between 30 and 50 percent (inclusive) of the total facade area. +      (16)   TYPE B FACADE means a facade with a total window area comprising +less than 30 or more than 50 percent of the total facade area. +      (17)   UPPER LEVEL SIGN means a sign wholly situated above the top of the +first floor windows or, if there are no first floor windows, above a point 12 +feet above grade. +      (18)   WELCOME MESSAGE means a message that identifies and greets heads +of state, foreign dignitaries, groups using city property in accordance with a +contract, license, or permit, or government organizations. +      (19)   WINDOW ART DISPLAY means an exhibit or arrangement placed within a +storefront window of a building and designed to be viewed from a street. +      (20)   WINDOW SIGN means a sign painted on or affixed to a window. (Ord. +Nos. 19455; 21404; 22112; 26027) +SEC. 51A-7.1004.   GENERAL REQUIREMENTS FOR ALL SIGNS. +   (a)   Pursuant to the authority of Section +51A-7.503 of this article, the rules relating to the erection of all signs in +the West End Historic Sign District are as follows: +      (1)   No illuminated sign may contain flashing or moving elements or +change its brightness, except as otherwise provided in this division. +      (2)   Except for a marquee sign or a sign constructed of fiberglass, no +sign may be illuminated by fluorescent or back lighting. The use of indirect +lighting is allowed. +      (3)   The use of neon and single incandescent bulbs is allowed. +      (4)   Except for a marquee sign, the use of plastic on the exterior of a +sign is prohibited. For purposes of this provision, fiberglass is not +considered to be plastic. +      (5)   The use of a fluorescent color on a sign is prohibited. +      (6)   No sign or part of a sign may move or rotate, with the exception of +a wind device, the motion of which is not restricted. +      (7)   Except as provided in Sections +51A-7.1008 and +51A-7.1009, all signs must be premise signs or convey a noncommercial message. +      (8)   No sign may cover or obscure any portion of a major decorative +cornice of a building. +   (b)   The following typestyles are suggested, but not required, for signs in +this district: Americana Extra Bold, Aster Bold, Baskerville Bold, Bodoni Bold, +Bookman Bold, Caslon No. 3, Cheltenham Bold, Copperplate Gothic 31, Craw +Modern, Egyptian 505 Bold, Garamond Bold, Gothic 13, Goudy Extra Bold, Times +Roman Bold. (Ord. Nos. 19455; 21404; 21626; 22112; 22392; 26027) +SEC. 51A-7.1005.   ATTACHED SIGNS. +   Pursuant to the authority of Section +51A-7.503 of this article, the rules relating to the erection of attached signs +in the West End Historic Sign District are as follows: +   (a)   Attached signs in general. +      (1)   Attached signs must be securely attached. +      (2)   Attached signs overhanging the public way are permitted, except +that no sign may project closer than two feet to the vertical plane extending +through the back of a street curb. +      (3)   Attached signs projecting horizontally more than 18 inches from a +vertical building surface are prohibited. +      (4)   Except for a painted applied sign or a marquee sign, no attached +sign may exceed 30 square feet in effective area unless it is: +         (A)   attached to a building having more than six stories; and +         (B)   at least 36 feet above grade. +      (5)   An attached sign, other than a roof sign, must be mounted parallel +to the facade and may not project more than six feet above the surface to which +it is attached. +   (b)   Canopy signs. +      (1)   No canopy sign may: +         (A)   be lower than 10 feet above grade, except that a sign may be as +low as eight feet above grade if it does not project more than one-half inch +from the surface of the canopy; or +         (B)   project vertically above the surface of the canopy or awning. +      (2)   The total effective area permitted for all canopy signs combined on +a premise is the product obtained by multiplying 20 square feet times the +number of street entrances to the premise. +   (c)   Flat attached signs on Type A facades. +      (1)   The maximum number of lower level flat attached signs permitted on +a Type A facade is the sum obtained by counting all of the street entrances and +first floor windows on that facade. +      (2)   No lower level flat attached sign on a Type A facade may exceed six +feet in effective area. +      (3)   The maximum permitted effective area for all upper level flat +attached signs combined on each Type A facade is 30 square feet. +      (4)   No upper level flat attached sign on a Type A facade may contain +more than eight words. All words must: +         (A)   consist of characters eight inches or more in height; and +         (B)   read horizontally from left to right. +   (d)   Flat attached signs on Type B facades. +      (1)   No premise may have more than three flat attached signs on each +Type B facade. +      (2)   No flat attached sign on a Type B facade may contain more than +eight words with characters four or more inches in height. Words consisting of +characters less than four inches in height may be used without limit. +   (e)   Marquee signs. +      (1)   No marquee sign may exceed 90 square feet in effective area unless +it is for a theater, in which case it may not exceed 400 square feet in +effective area. +      (2)   Marquee signs must: +         (A)   be parallel to the surface to which they are attached; and +         (B)   have a minimum height dimension of two feet. +      (3)   Except for a marquee sign for a theater, all words on a marquee +sign must consist of changeable individual characters. +      (4)   Marquee signs may have flashing lights. +      (5)   The following provisions apply to a marquee sign for a theater: +         (A)   No more than 10 percent of its effective area may contain fixed +characters. +         (B)   No more than 75 percent of its effective area may contain +changeable characters. +         (C)   It may contain an unlimited number of words consisting of +changeable characters. +   (f)   Painted applied signs on Type A facades. +      (1)   No lower level painted applied signs on a Type A facade may contain +words consisting of characters more than eight inches in height. +      (2)   No upper level painted applied sign on a Type A facade may contain +more than eight words. All words must: +         (A)   consist of characters eight or more inches in height; and +         (B)   read horizontally from left to right. +   (g)   Painted applied signs on Type B facades. +      (1)   No painted applied sign on a Type B facade may contain more than +eight words consisting of characters exceeding four inches in height. Words +consisting of characters four or less inches in height may be used without +limit. +      (2)   No more than 60 percent of a Type B facade may be covered by +painted applied signs. +   (h)   Projecting attached signs. +      (1)   No premise may have more than one projecting attached sign per +street entrance. +      (2)   No projecting attached sign may: +         (A)   exceed 20 square feet in effective area; +         (B)   be lower than 10 feet above grade; or +         (C)   project vertically above the second story or the roof of the +building, whichever is lower. +   (i)   Window signs. No window sign may: +      (1)   contain words consisting of characters eight or more inches in +height; +      (2)   have a painted background; or +      (3)   cover more than 25 percent of the window surface area. +   (j)   Roof signs. +      (1)   Only buildings having six or more stories may have roof signs. +      (2)   No more than one roof sign may be located above each facade. +      (3)   No roof sign may be erected on a roof: +         (A)   lower than the sixth story ceiling; +         (B)   that is not the main roof of a building; or +         (C)   of a penthouse. +      (4)   A roof sign and its sign supports may not be located within four +feet of a parapet wall or the outer edge of a building. +      (5)   The sign supports for a roof sign must consist of open, exposed +metal framing. The metal must be painted, coated, or of a material that will +not rust or corrode. +      (6)   No roof sign may project above the roof more than one-fourth of the +building height. +      (7)   The effective area of a roof sign may not exceed 800 square feet. +(Ord. Nos. 19455; 20927; 21404; 21626; 22112; 26027) +SEC. 51A-7.1006.   DETACHED SIGNS. +   Pursuant to the authority of Section +51A-7.503 of this article, the rules relating to the erection of detached signs +in the West End Historic Sign District are as follows: +      (1)   No premise which maintains an attached sign of any type may have a +detached sign. +      (2)   No detached sign may: +         (A)   have an effective area greater than 12 square feet; +         (B)   have a total height greater than 15 feet; or +         (C)   be located less than five feet from a public right-of-way. (Ord. +Nos. 19455; 21404; 22112; 26027) +SEC. 51A-7.1007.   SPECIAL PURPOSE SIGNS. +   Pursuant to the authority of Section +51A-7.503 of this article, the rules relating to the erection of special +purpose signs in the West End Historic Sign District are as follows: +   (a)   Attached special purpose signs. +      (1)   Attached special purpose signs may be displayed on a premise a +maximum of ten time periods in each calendar year for a maximum of 15 days per +time period. No more than one attached special purpose sign may be displayed on +a premise at any given time. +      (2)   Special purpose signs attached to a window may not cover more than +25 percent of the window surface area. +      (3)   No more than one banner may be displayed on a premise in each +calendar year. The maximum permitted period of display is 30 consecutive days. +   (b)   Detached special purpose signs. +      (1)   No detached special purpose sign is permitted on a sidewalk less +than seven feet wide. All detached special purpose signs must be placed so that +a minimum seven-foot wide clear passageway is maintained for pedestrian +traffic. +      (2)   No detached special purpose sign may: +         (A)   be displayed at night; +         (B)   be more than 30 inches from a building; or +         (C)   exceed a height of four feet. +      (3)   No more than one detached special purpose sign may be displayed on +a premise at any given time. (Ord. Nos. 19455; 21404; 22112; 26027) +SEC. 51A-7.1007.1.   PURSE BUILDING SUBDISTRICT. +   (a)   In general. Except as provided in this division, the provisions of the +West End Historic Sign District apply in this subdistrict. +   (b)   Definitions. In this subdistrict: +      (1)   SUPERGRAPHIC SIGN means a large attached premise or non-premise +sign on a mesh or fabric surface, or a projection of a light image onto a wall +face without the use of lasers. +      (2)   WALL FACE means an uninterrupted blank plane of a wall, from +vertical edge to vertical edge, from its highest edge to its lowest edge. Edges +can be established by a distinct change in materials or off-set which runs +across (transects) the entire wall in a straight line. +   (c)   Supergraphic sign. +      (1)   Number. A maximum of one supergraphic sign is permitted. + ��    (2)   Visual display and coverage. +         (A)   The supergraphic sign must have one large visual display with a +minimum of 80 percent non-textual graphic content (no more than 20 percent +text). +            (i)   Multiple displays giving an appearance of multiple signs are +prohibited. +            (ii)   The effective area of text is the sum of the areas within +minimum imaginary rectangles of vertical and horizontal lines, each of which +fully contains a word. +         (B)   The supergraphic sign is intended to be creative and artful and +not strictly a representation of an advertised product. It is the intent of +this provision to: +            (i)   encourage the use of illustrative images or other non- +repetitive design elements; +            (ii)   encourage visually interesting, vibrant, and colorful +designs; +            (iii)   discourage use of solid colors or repetitive design +elements; and +            (iv)   discourage an image of a single product or product logo +without other graphic elements. +         (C)   The supergraphic sign may be internally or externally +illuminated. If internally illuminated, the supergraphic sign may consist of +translucent materials, but not transparent materials. +         (D)   The supergraphic sign may not extend beyond the edge of the face +of the building to which it is attached. +      (3)   Effective area. Minimum permitted effective area is 2,500 square +feet. Maximum permitted effective area is 6,500 square feet. +      (4)   Height. The supergraphic sign may not be lower than 10 feet above +grade level. +      (5)   Location. The supergraphic sign may only be located on the east +facade of the building. +      (6)   Additional provisions. +         (A)   All hardware fasteners for the supergraphic sign must comply +with the Dallas Building Code and all other ordinances, rules, and regulations +of the City of Dallas. +         (B)   The supergraphic sign may not be a Highway Beautification Act +(HBA) sign as defined in Section +51A-7.102. +         (C)   The existing painted sign on the east facade must remain +uncovered and visible. +(Ord. Nos. 30139; 31204) +SEC. 51A-7.1007.2.      ANTIOCH CHURCH SUBDISTRICT. +   (a)   In general. Except as provided in this division, the provisions of the +West End Historic Sign District apply in this subdistrict. +   (b)   Definitions. In this subdistrict: +      (1)   SUPERGRAPHIC SIGN means a large attached premise or non-premise +sign on a mesh or fabric surface, a projection of a light image onto a wall +face without the use of lasers, or painted or vinyl adhesive signage. +      (2)   WALL FACE means an uninterrupted blank plane of a wall, from +vertical edge to vertical edge, from its highest edge to its lowest edge. Edges +can be established by a distinct change in materials or off-set which runs +across (transects) the entire wall in a straight line. +   (c)   Supergraphic sign. +      (1)   Number. A maximum of one supergraphic sign is permitted. +      (2)   Visual display and coverage. +         (A)   The supergraphic sign must have one large visual display with a +minimum of 80 percent non-textual graphic content (no more than 20 percent +text). +            (i)   Multiple displays giving an appearance of multiple signs are +prohibited. +            (ii)   The effective area of text is the sum of the areas within +minimum imaginary rectangles of vertical and horizontal lines, each of which +fully contains a word. +         (B)   The supergraphic sign is intended to be creative and artful and +not strictly a representation of an advertised product. It is the intent of +this provision to: +            (i)   encourage the use of illustrative images or other non- +repetitive design elements; +            (ii)   encourage visually interesting, vibrant, and colorful +designs; +            (iii)   discourage use of solid colors or repetitive design +elements; and +            (iv)   discourage an image of a single product or product logo +without other graphic elements. +         (C)   The supergraphic sign may be internally or externally +illuminated. If internally illuminated, the supergraphic sign may consist of +translucent materials, but not transparent materials. +         (D)   The supergraphic sign may not extend beyond the edge of the face +of the building to which it is attached. +      (3)   Effective area. Minimum permitted effective area is 2,500 square +feet. Maximum permitted effective area is 6,500 square feet. +      (4)   Height. The supergraphic sign may not be lower than 10 feet above +grade level. +      (5)   Location. The supergraphic sign may only be located on the east +facade of the building. +      (6)   Additional provisions. +         (A)   All hardware fasteners for the supergraphic sign must comply +with the Dallas Building Code and all other ordinances, rules, and regulations +of the City of Dallas. +         (B)   The supergraphic sign may not be a Highway Beautification Act +(HBA) sign as defined in Section +51A-7.102. +         (C)   The supergraphic sign may not display the same message for more +than six consecutive months in any 12-month period. +         (D)   The supergraphic sign must be removed on or before September 27, +2027. This section does not confer a nonconforming or vested right to maintain +a supergraphic sign after September 27, 2027, and all permits authorizing a +supergraphic sign automatically expire on that date. +   (d)   This section expires on September 27, 2027, unless re-enacted before +that date. The city plan commission and city council shall review this section +before its expiration date. (Ord. Nos. 30663; 31203) +SEC. 51A-7.1008.   BANNERS ON STREETLIGHT POLES. +   Banners may be mounted on streetlight poles subject to the following +regulations: +   (a)   A banner must display a promotional message, a welcome message, or +generic graphics. No sponsorship identification is permitted on a banner. +   (b)   No more than 10 percent of the effective area of a banner may contain +a welcome message that identifies and greets a group using city property in +accordance with a contract, license, or permit. +   (c)   Up to 10 percent of the effective area of a banner may contain the +words or logos that identify a sponsor of a cultural event or activity if the +sponsor’s name is part of the name of the activity or event. +   (d)   A banner having either a promotional message or a welcome message may +not be erected more than 90 days prior to the beginning of the advertised +activity or event, and must be removed no later than 15 days after that +activity or event has ended. The sign hardware for a banner may be left in +place between displays of a banner. +   (e)   A banner and its sign hardware must: +      (1)   be mounted on a streetlight pole; +      (2)   meet the sign construction and design standards in the Dallas +Building Code; +      (3)   be at least 12 feet above grade, unless it overhangs a roadway, in +which case it must be at least 15 feet above grade; +      (4)   be made out of weather-resistant and rust-proof material; +      (5)   not project more than three feet from the pole onto which it is +mounted; and +      (6)   not exceed 20 square feet in effective area. +   (f)   If a banner overhangs the public right-of-way, a license must be +obtained in accordance with the requirements of the City Charter and the Dallas +City Code. +   (g)   No sign permit or certificate of appropriateness is required to erect +or remove a banner. (Ord. Nos. 21404; 22112; 26027) +SEC. 51A-7.1009.   WINDOW ART DISPLAYS IN VACANT BUILDINGS. +   Window art displays on the ground floor of a vacant building are allowed +subject to the following regulations: +   (a)   A window art display may contain only a promotional message, generic +graphics (including three-dimensional artifacts), or messages identifying the +sponsor of the display. +   (b)   Window signs in a window art display may not: +      (1)   cover more than 25 percent of the surface area of a window; +      (2)   contain a logo or word that has any character that exceeds five +inches in height; +      (3)   advertise a specific product or service other than the cultural +event or activity; or +      (4)   have more than 10 percent or four square feet, whichever is less, +of its effective area devoted to sponsorship identification. +   (c)   No sign permit or certificate of appropriateness is required to erect +or remove a window art display. (Ord. Nos. 21404; 22112; 26027) +SEC. 51A-7.1010.   SIGN PERMIT REQUIREMENT. +   Pursuant to the authority of Section +51A-7.503 of this article, the sign permit requirements for signs in the West +End Historic Sign District are as follows: +      (1)   Except as provided in Sections +51A-7.1008 and +7.1009, a person shall not alter, place, maintain, expand, or remove a sign in +the West End Historic Sign District without first obtaining a sign permit from +the city. +      (2)   The procedure for obtaining a sign permit is outlined in Section +51A-7.505 of this article. Section +51A-7.602(a) and (c) of this article does not apply to signs in the West End +Historic Sign District. +      (3)   A person who violates Paragraph (1) above is guilty of a separate +offense for each day or portion of a day during which the violation is +continued. (Ord. Nos. 19455; 21404; 22112; 26027; 29208) +SEC. 51A-7.1011.   NONDISCRIMINATION BETWEEN NONCOMMERCIAL MESSAGES. +   Notwithstanding any other provision of this division, any sign that may +display a type of noncommercial message may display in place of that message +any other type of noncommercial message, so long as the sign complies with +other requirements of this article and other ordinances that do not pertain to +the content of the message displayed. (Ord. Nos. 21404; 22112; 26027) +Division 51A-7.1100. Provisions for Uptown Sign District. +SEC. 51A-7.1101.   DESIGNATION OF UPTOWN SIGN DISTRICT. +   A special sign provision district is hereby created to be known as the +Uptown Sign District. For purposes of this division, the Uptown Sign District +of the City of Dallas is that area of the city within the following described +boundaries: +   Being a tract or parcel of land situated in the John Grigsby Survey, +Abstract No. 495 and being part of City of Dallas Blocks 2/929, J/929, 1/929, +I/942, 5/944, 948, l/949, 949, 3/950 and all of Blocks A/540, 3/929, 2/933, 3/ +933 and 2/948 and also being part of the following dedicated streets: Yeargan +Street, Leonard Street, Howell Street, Bookout Street, Maple Avenue, McKinney +Avenue, Pearl Street, McKinnon Street, and the North Dallas Tollway and being +more particularly described as follows: +      BEGINNING at a point for corner in the centerline of Leonard Street (50 +feet wide), said point being North 45°11'10" West, a distance of 243.15 feet +from the intersection of the centerline of Thomas Avenue (variable width) and +the centerline of said Leonard Street; +      THENCE South 44°50'21" West, a distance of 68.00 feet to a point for +corner; +      THENCE South 14°42'00" West, a distance of 243.37 feet to a point for +corner; +      THENCE South 45°11'00" West, a distance of 269.95 feet to a point for +corner in the centerline of North Pearl Street (variable width) and the +beginning of a curve to the left; +      THENCE in a northwesterly direction along said centerline of North Pearl +Street and along said curve to the left whose chord bears North 50°55'28" West, +and having a radius of 547.63 feet, a central angle of 16°06'58" and an arc +length of 154.04 feet to a point for corner in the centerline of McKinney +Avenue (60 feet wide) and the end of said curve to the left; +      THENCE South 15°00'00" West along the centerline of McKinney Avenue, a +distance of 106.93 feet to a point for corner; +      THENCE South 89°15'32" West, a distance of 667.47 feet to a point for +corner in the centerline of Cedar Springs Road (variable width); +      THENCE North 03°02'00" West along the centerline of Cedar Springs Road, a +distance of 149.72 feet to a point for corner in the centerline of said Pearl +Street; +      THENCE South 82°27'00" West along the centerline of Pearl Street and +along the centerline of the North Dallas Tollway (variable width), a distance +of 122.00 feet to a point for corner and the beginning of a curve to the right; +      THENCE in a northwesterly direction continuing along the centerline of +said Dallas North Tollway and along said curve to the right having a radius of +124.57 feet, a central angle of 51°00'00" and an arc length of 110.88 feet to a +point for corner and the end of said curve to the right; +      THENCE North 46°33'00" West continuing along the centerline of said +Dallas North Tollway, a distance of 207.54 feet to a point for corner in the +centerline of Yeargan Street (variable width); +      THENCE North 42°06'27" East along the centerline of Yeargan Street, a +distance of 94.48 feet to a point for corner; +      THENCE North 0°31'00" West continuing along the centerline of said +Yeargan Street, passing at 224.36 feet the centerline of North Pearl Street (50 +feet wide) and at 555.72 feet the centerline of Bookout Street to the east (33 +feet wide) and continuing a total distance of 577.98 feet to a point for corner +in the centerline of Bookout Street to the west (50 feet wide); +      THENCE North 45°31"00" West along the centerline of Bookout Street, a +distance of 329.67 feet to a point for corner; +      THENCE North 44°24'15" East passing at 146.20 feet the most westerly +corner of the Cedar Maple Addition, an addition to the City of Dallas as +recorded in Volume 83097, Page 1486 of the Deed Records of Dallas County, Texas +and continuing along the northwest line of said Cedar Maple Addition, a total +distance of 436.46 feet to a point for corner in the centerline of Maple Avenue +(70 feet wide); +      THENCE North 45°39'00" West along the centerline of Maple Avenue, a +distance of 247.10 feet to a point for corner; +      THENCE North 44°21'00" East passing at 35.0 feet the most westerly corner +of the North Dallas Improvement Co. Addition, an addition to the City of Dallas +as recorded in Volume 88143, Page 2123 of the Deed Records of Dallas County, +Texas and continuing along the northwest line of said addition, a total +distance of 197.40 feet to the centerline of a 16 foot wide alley; +      THENCE South 45°39'00" East along the centerline of said alley passing at +248.30 feet the centerline of Cedar Springs Road and continuing along said +line, a total distance of 309.76 feet to an intersection of same with the +easterly line of said Cedar Springs Road; +      THENCE South 5°02'55" East along said easterly line, a distance of 51.25 +feet to the intersection of same with the northwest line of Howell Street; +      THENCE North 45°08'50" East along said northwest line of Howell Street, a +distance of 33.36 feet to a point for corner; +      THENCE South 45°39'00" East, passing at 20.0 feet the centerline of said +Howell Street and continuing along the centerline of a 16 foot wide alley, a +total distance of 722.46 feet to a point for corner in the terminus of said 16 +foot wide alley; +      THENCE North 44°21'00" East, a distance of 20.50 feet to a point for +corner; +      THENCE South 45°39'00" East, a distance of 516.07 feet to a point for +corner in the centerline of said McKinney Avenue; +      THENCE North 15°00'00" East along the centerline of said McKinney Avenue, +a distance of 21.49 feet to a point for corner in the centerline of said +Leonard Street; +      THENCE South 45°11'10" East along the centerline of said Leonard Street, +a distance of 355.51 feet to the POINT OF BEGINNING and containing 36.76 acres +of land. (Ord. Nos. 19649; 20037; 20378) +SEC. 51A-7.1102.   PURPOSE. +   The purpose of this division is to regulate both the construction of new +signs and the alterations of existing signs with a view towards enhancing, +preserving and developing the unique character of this district. The general +objectives of this division include those listed in Section +51A-7.101 as well as aesthetic considerations to insure that signs are +appropriate to the architecture of the district, do not obscure significant +architectural features of its buildings, and lend themselves to the developing +character of the area. (Ord. Nos. 19649; 20037) +SEC. 51A-7.1103.   DEFINITIONS. +   In this division: +   (a)   ARCADE means any walkway which is attached to a building and not fully +enclosed on all sides, covered with a roof structure having the primary +function of weather protection and which is not structural to the building +itself. +   (b)   BANNER means a sign attached to or applied on a strip of cloth and +temporarily attached to a building or structure. Canopy signs and political +flags are not banners. +   (c)   CANOPY SIGN means a sign attached to, applied on, or supported by a +canopy or awning. +   (d)   FLAT ATTACHED SIGN means an attached sign projecting from a building +and parallel to the building facade. +   (e)   LOWER LEVEL SIGN means a sign partially or wholly situated below the +top of the first floor windows or below a point 16 feet above grade, whichever +is lower. +   (f)   MARQUEE means a permanent canopy projecting over the main entrance of +a building. A marquee is considered to be part of the building. +   (g)   MARQUEE SIGN means a sign attached to, applied on, or supported by a +marquee. +   (h)   PAINTED APPLIED SIGN means a sign painted directly onto the exterior +facade of a building, not including doors or windows. +   (i)   PROJECTING ATTACHED SIGN means an attached sign projecting from a +building. +   (j)   THIS DISTRICT means the Uptown Sign District. +   (k)   TYPE A FACADE means a facade with a total window area comprising +between 20 to 50 percent (inclusive) of the total facade area. +   (l)   TYPE B FACADE means a facade with a total window area comprising less +than 20 or more than 50 percent of the total facade area. +   (m)   UPPER LEVEL SIGN means a sign wholly situated above the top of the +first floor windows or above a point 16 feet above grade, whichever is lower. +   (n)   WINDOW SIGN means a sign painted or affixed onto a window. (Ord. Nos. +19649; 20037) +SEC. 51A-7.1104.   SPECIAL PROVISIONS FOR ALL SIGNS. +   (a)   Pursuant to the authority of Section +51A-7.503 of this article, the rules relating to the erection of all signs in +the Uptown Sign District are expressly modified as follows: +      (1)   No illuminated sign may contain flashing or moving elements or +change its brightness, except as otherwise provided in this division. +      (2)   Signs may be illuminated by fluorescent back lighting or indirect +lighting. +      (3)   The use of neon or single incandescent bulbs is allowed. +      (4)   The use of fiberglass as a sign material is allowed. +      (5)   The use of plastic as an exterior face of a sign is prohibited. +Plastic may be used as a backing for routed letters in a sign can or as +decorative ornaments. +      (6)   The use of fluorescent color on a sign is prohibited. +      (7)   No sign or part of a sign may move or rotate, with the exception of +a wind device, the motion of which is not restricted. +   (b)   The following typestyles are suggested, but not required, for signs in +this district: Americana Extra Bold, Aster Bold, Avante Garde, Baskerville +Bold, Bookman Bold, Caslon No. 3, Century Bold Condensed, Cheltenham Bold, +Univers 67. (Ord. Nos. 19649; 20037) +SEC. 51A-7.1105.   SPECIAL PROVISIONS FOR ATTACHED SIGNS. +   Pursuant to the authority of Section +51A-7.503 of this article, the rules relating to the erection of attached signs +in the Uptown Sign District are expressly modified as follows: +   (a)   Attached signs in general. +      (1)   Attached signs must be securely attached. +      (2)   Attached signs projecting horizontally and either parallel or +perpendicular to a building facade are permitted except no sign can extend +above the highest point of the building roof. +      (3)   Attached signs overhanging the public right-of-way are permitted +except that no sign may project closer than two feet to the vertical plane +extending through the back of a street curb. +      (4)   Attached signs projecting horizontally more than 8 inches but less +than 18 inches from a vertical building surface are prohibited. +      (5)   No attached sign other than a painted applied sign, an upper level +flat attached sign, a marquee sign, or a banner may exceed 30 square feet in +effective area. +      (6)   Projecting attached signs may have one double faced copy area which +is perpendicular to the building facade. +      (7)   Attached signs may be placed above an arcade. +      (8)   Banner signs may be constructed of either synthetic or natural +cloth. +   (b)   Canopy signs. +      (1)   No canopy sign may: +         (A)   project horizontally more than two inches from the surface of +the canopy or awning; +         (B)   be lower than 10 feet above grade, except that a sign may be as +low as eight feet above grade if it does not project more than one-half inch +from the surface of the canopy; or +         (C)   project vertically above the surface of the canopy or awning. +      (2)   The total effective area permitted for all canopy signs combined on +a facade is the product obtained by multiplying 20 square feet times the number +of street entrances to the premise. +      (3)   The maximum size of each canopy sign is limited to 30 square feet. +   (c)   Flat attached signs on Type A facade. +      (1)   No flat attached sign may project more than eight inches from a +building. +      (2)   The maximum number of lower level flat attached signs permitted on +Type A facade is the sum obtained by multiplying two times the number of street +entrances on that facade. +      (3)   No lower level flat attached sign on a Type A facade may contain +more than eight words. All words must: +         (A)   consist of characters eight inches or less in height; and +         (B)   read horizontally from left to right. +      (4)   The maximum size of a lower level flat attached sign on Type A +facade is limited to eight square feet. +      (5)   No premise may have more than one upper level flat attached sign +per street entrance. +      (6)   No upper level flat attached sign on a Type A facade may contain +more than eight words. All words must: +         (A)   consist of characters four inches or more in height; and +         (B)   read horizontally from left to right. +   (d)   Flat attached signs on Type B facades. +      (1)   No flat attached sign may project more than eight inches from a +building. +      (2)   No premise may have more than one flat attached sign on each Type B +facade. +      (3)   No flat attached sign on any Type B facade may contain more than +eight words with characters four or more inches in height. Words consisting of +characters less than four inches in height may be used without limit. +   (e)   Marquee signs. +      (1)   No marquee sign may exceed 90 square feet in effective area. +      (2)   Marquee signs must: +         (A)   be parallel to the surface to which they are attached; and +         (B)   have a minimum height dimension of two feet. +      (3)   All words on a marquee sign must consist of changeable individual +characters. +      (4)   Marquee signs may have flashing lights. +      (5)   The maximum number of marquee signs shall be limited to one per +facade. +   (f)   Projecting attached signs. +      (1)   Projecting attached signs on any facade must be 16 feet apart +measured in any direction. +      (2)   No projecting attached sign may: +         (A)   exceed 20 square feet in effective area of the face of the sign; +         (B)   be lower than 10 feet above grade; +         (C)   project vertically above the third level window sill or 32 feet +above grade whichever is less; +         (D)   project vertically above the highest surface of the building +roof; or +         (E)   project less than 18 inches from a building. +   (g)   Window signs. +      (1)   No window sign may: +         (A)   contain words consisting of characters more than eight inches in +height; +         (B)   cover more than 25 percent of the window surface area; or +         (C)   be affixed to the window by tape. +      (2)   A window sign may be hand painted or silk screened onto a window, +or made of self-adhesive vinyl. (Ord. Nos. 19649; 20037; 20927) +SEC. 51A-7.1106.   SPECIAL PROVISIONS FOR DETACHED SIGNS. +   Pursuant to the authority of Section +51A-7.503 of this article, the rules relating to the erection of detached signs +in the Uptown Sign District are expressly modified as follows: +   (a)   No detached sign may: +      (1)   have an effective area greater than 120 square feet; +      (2)   have a total height greater than 15 feet; or +      (3)   be located less than five feet from a public right-of-way. +   (b)   The maximum number of signs permitted shall be one for every 220 +linear feet of frontage on the public right-of-way, or fraction thereof. (Ord. +Nos. 19649; 20037) +SEC. 51A-7.1107.   SPECIAL PROVISIONS FOR NON-PREMISE DETACHED SIGNS IN THE +PUBLIC RIGHT-OF-WAY. +   Pursuant to the authority of Section +51A-7.503 of this article, the rules relating to the erection of non-premise +detached signs in the Uptown Sign District are expressly modified as follows: +   (a)   Non-premise detached signs may be located within the public right-of- +way subject to the franchise requirements of Chapter XIV of the city charter, +Article VI of +Chapter 43 of the Dallas City Code, as amended, and the requirements of this +section. +   (b)   Non-premise detached signs may be located in the public right-of-way +only when the distance from the back of the curb to the property line is 13 +feet or greater. +   (c)   Non-premise detached signs may be placed in the public right-of-way +only within five feet of a motor vehicle entrance to a premise shared by two or +more uses whose front doors are not visible from the street. +   (d)   Signs erected pursuant to this section must identify use categories +and not particular business establishments. Examples of permitted messages are: +“OFFICES”, “SHOPS”, “PARKING”, “RESTAURANTS”, “HOTEL”, alone or in combination. +Signs that say “EXIT” or “ENTRANCE” are also permitted. +   (e)   No more than two signs may be erected pursuant to this section at each +motor vehicle entrance to a premise. +   (f)   No non-premise detached sign may contain more than eight words. All +words must: +      (1)   consist of characters eight inches or less in height; and +      (2)   read horizontally from left to right. +   (g)   No non-premise detached sign located within the public right-of-way +may: +      (1)   have an effective area greater than four square feet; +      (2)   have a total height of greater than two feet, six inches; +      (3)   be located less than five feet from the back of a street curb; +      (4)   be located so as to obstruct sidewalk passage; +      (5)   be located within a visibility triangle as defined in this chapter; +      (6)   interfere with utilities or traffic signage and signals; +      (7)   contain the colors red or green; or +      (8)   be spot lit or directly lit from outside the sign. +   (h)   Plants must be kept trimmed so as to clearly expose non-premise +detached signs in the public right-of-way. (Ord. Nos. 19649; 20037) +SEC. 51A-7.1108.   SPECIAL PROVISIONS FOR SPECIAL PURPOSE SIGNS. +   Pursuant to the authority of Section +51A-7.503 of this article, the rules relating to the erection of special +purpose signs in the Uptown Sign District are expressly modified as follows: +   (a)   Attached or window special purpose signs. +      (1)   Attached special purpose signs may be displayed on a premise a +maximum of three 30 day time periods and one 45 day time period in each +calendar year. No more than one attached special purpose may be displayed on a +facade at any given time. +      (2)   Window special purpose signs may be displayed on a premise a +maximum of three 30 day time periods and one 45 day time period in each +calendar year. No more than one attached special purpose sign may be displayed +on a window at any given time. +      (3)   No more than 25 percent of a window surface may be covered by +either window signs or special purpose window signs, alone or in combination. +      (4)   The size of an attached or window special purpose sign is limited +to 30 square feet. +      (5)   A window special purpose sign may not be affixed to a window by +tape. +   (b)   Detached special purpose signs. +      (1)   Detached special purpose signs may be displayed on a premise a +maximum of three 30 day time periods and one 45 day time period in each +calendar year. +      (2)   The maximum number of detached special purpose signs permitted on a +premise at any given time is the sum obtained by counting all of the street +entrances onto that premise, and multiplying by two. +      (3)   No detached special purpose sign may: +         (A)   exceed eight feet in height; +         (B)   contain more than eight words; +         (C)   be mounted on wheels; +         (D)   be a trailer sign with changeable copy; or +         (E)   contain flashing or blinking lights. (Ord. Nos. 19649; 20037) +SEC. 51A-7.1109.   SIGN PERMIT REQUIREMENT. +   Pursuant to the authority of Section +51A-7.503 of this article, the sign permit requirements for signs in the Uptown +Sign District are expressly modified as follows: +   (a)   A person shall not alter, place, maintain, expand, or remove a sign in +the Uptown Sign District without first obtaining a sign permit from the city. +   (b)   The procedure for obtaining a sign permit is outlined in Section +51A-7.505 of this article. Section +51A-7.602 of this article does not apply to signs in the Uptown Sign District. +   (c)   A person who violates Subsection (a) is guilty of a separate offense +for each day or portion of a day during which the violation is continued. +   (d)   The erection of signs within the public right-of-way, as specified +herein, is permitted if the owner of the land as well as the owner of the +improvements agree in writing, prior to the issuance of a permit, that the +signs will be removed at no expense to the city upon notice from the city that +the street is to be widened or the license with the city is terminated or +expires, whichever occurs first. (Ord. Nos. 19649; 20037) +Division 51A-7.1200. Provisions for Arts District Sign District. +SEC. 51A-7.1201.   DESIGNATION OF ARTS DISTRICT SIGN DISTRICT. +   (a)   A special provision sign district is hereby created to be known as the +Arts District Sign District. For purposes of this article, the boundaries of +the Arts District Sign District are described in the Exhibit A attached to +Ordinance No. 30731, passed by the Dallas City Council on December 13, 2017. +   (b)   Subdistrict A is hereby created within the Arts District Sign +District. For the purposes of this division, Subdistrict A is the area bounded +by Flora Street to the northwest, Leonard Street to the northeast, Ross Avenue +to the southeast, and Crockett Street to the southwest and more particularly +described in the Exhibit A attached to Ordinance No. 30731, passed by the +Dallas City Council on December 13, 2017. +   (c)   Subdistrict B is hereby created within the Arts District Sign +District. For the purposes of this division, Subdistrict B is the area bounded +by Woodall Rodgers Freeway to the northwest, Crockett Street to the northeast, +Munger Avenue to the southeast, and Pearl Street to the southwest, and more +particularly described in the Exhibit A attached to Ordinance No. 30731, passed +by the Dallas City Council on December 13, 2017. +   (d)   Subdistrict C is hereby created within the Arts District Sign +District. For the purposes of this division, Subdistrict C is the area bounded +by Flora Street to the northwest, Olive Street to the northeast, Ross Avenue to +the southeast, and Harwood Street to the southwest, and more particularly +described in Exhibit A attached to Ordinance No. 31079, passed by the Dallas +City Council on December 12, 2018. +   (e)   The property described in Subsection (a), which was formerly part of +the Downtown Special Provision Sign District, is no longer considered to be +part of that district. This division completely supersedes Division +51A-7.900 with respect to the property described in Subsection (a). (Ord. Nos. +20345; 28471; 30731; 31079) +SEC. 51A-7.1202.   PURPOSE. +   The Dallas Arts District (Planned Development District No. 145) was +established by Ordinance No. 17710, which was passed by the Dallas City Council +on February 16, 1983. This approximately 17-block, 60-acre area in the +northeast section of the central business district represents a concerted +effort on the part of the city and arts organizations to consolidate major art +institutions in one mixed-use area. +   The guideline for development in the Arts District is an urban design plan +known as the “Sasaki Plan.” This plan is based on district-wide design and land +use concepts, which include the creation of a pedestrian-oriented environment +and a distinctive visual image for the district. Flora Street is defined as the +major pedestrian spine and focus of development in the district. As a wide, +tree-lined environment, Flora Street connects three subdistricts (Museum +Crossing, Concert Lights, and Fountain Plaza) and provides continuity in a +development framework for public institutions and private owners. +   The sign regulations in this division have been developed with the following +objectives in mind: +      (1)   To protect the character of Flora Street and the Arts District from +inappropriate signs in terms of number (clutter), size, style, color, and +materials. +      (2)   To enhance the image and liveliness of the Arts District by +encouraging compatible signs that are colorful, decorative, entertaining, and +artistic in style, while being functional and informative in purpose. +      (3)   To promote the commercial success of each individual tenant in the +Arts District and, in turn, the commercial success of all the tenants in the +district collectively. +      (4)   To create a sense of design uniformity between signs and the other +streetscape elements of the Arts District. +      (5)   To help make the Arts District an attractive place for the public +to frequent by providing ease of direction to specific cultural institutions. +      (6)   To create a means of identifying the various types or categories of +retail establishments along Flora Street. +      (7)   To identify and promote cultural events and activities consistent +with the purposes of the Arts District. +      (8)   To recognize that sign hardware is a part of the overall visual +design of a sign, and to ensure that investments in signs and other structures +in the Arts District are not devalued by inappropriate or poor quality sign +hardware. (Ord. 20345) +SEC. 51A-7.1203.   DEFINITIONS. +   (a)   In this division: +      (1)   ARTS DISTRICT means Planned Development District No. 145 (the +Dallas Arts District). +      (2)   ARTS DISTRICT OFFICIAL LOGO means the official logo of the Arts +District as depicted in Exhibit A, which is attached to Ordinance No. 20345, +passed by the Dallas City Council on June 14, 1989. +      (3)   AWNING SIGN means a sign that is or appears to be part of an +awning. +      (4)   BLOCK means an area bounded by streets on all sides. +      (5)   BLOCKFACE means all of the lots on one side of a block. +      (6)   BUILDING CORNICE AREA means that portion of a building facade above +the highest story, but below the actual roof structure. +      (7)   BUILDING IDENTIFICATION SIGN means any sign composed of one or more +characters that identify a specific building's name. +      (8)   CANOPY means a permanent non-fabric architectural element +projecting from the face of a building. +      (9)   CANOPY FASCIA SIGN means a sign with a digital display that is +attached to, applied on, or supported by the fascia or soffit of a canopy. +      (10)   CBD STREETSCAPE PLAN means the Dallas Central Business District +Streetscape Guidelines approved by the Dallas City Council on April 15, 1981, +by Resolution No. 81-1118. +      (11)   CHARACTER means a symbol, as a letter or number, that represents +information. +      (12)   CONSTRUCTION BARRICADE SIGN means a sign that is affixed to a +construction barricade. +      (13)   CULTURAL INSTITUTION means any facility used primarily for the +visual or performing arts; open to the public, such as a museum, concert hall, +theater, or similar facility; and established by a public or philanthropic +entity. +      (14)   CULTURAL INSTITUTION DIGITAL SIGN means a monument sign with a +digital display that identifies the cultural institution; the district; a +sponsor of the cultural institution, district, or arts organization; or an arts +organization such as a symphony, dance troupe, or theatre group that uses that +cultural institution. +      (15)   CULTURAL INSTITUTION IDENTIFICATION SIGN means a premise sign that +identifies the cultural institution or the primary arts organization such as a +symphony, dance troupe, or theater group that uses that cultural institution. +      (16)   DETACHED PREMISE SIGN means a sign that is both a detached sign +and a premise sign as defined in Section +51A-7.102. +      (17)   FLAT ATTACHED SIGN means an attached sign projecting four inches +or less from a building. +      (18)   FLORA STREET FRONTAGE AREA means the "Flora Street Frontage Area" +as defined in the Arts District PD ordinance (Ordinance No. 17710, as amended). +      (19)   FREESTANDING IDENTIFICATION SIGN means a monument sign that +identifies the cultural institution; the district; a sponsor of the cultural +institution, district, or arts organization; or an arts organization such as a +symphony, dance troupe, or theater group that uses that cultural institution. +      (20)   GENERIC RETAIL IDENTIFICATION SIGN means a sign identifying a type +or category of retail establishment without identifying a specific +establishment. +      (21)   GOVERNMENTAL TRAFFIC SIGN means a sign, signal, or other traffic +control device installed by a governmental agency for the purpose of +regulating, warning, or guiding vehicular or pedestrian traffic on a public +highway. Examples of these signs include stop signs, one-way signs, no parking +signs, and electronic pedestrian and vehicular signalization devices and their +fixtures. +      (22)   INSTITUTIONAL MOVEMENT INFORMATION SIGN means a sign showing the +location of or route to a specific cultural institution or a parking area +serving that institution. +      (23)   INTEGRATED SIGN means a premise sign within Subdistrict A, +Subdistrict B, or Subdistrict C that is integrated into the design of the +building and may be a monument sign. +      (24)   KIOSK means a small structure with one or more open sides used to +display artwork or temporary signs. +      (25)   MARQUEE SIGN means a sign attached to, applied on, or supported by +a permanent canopy projecting over a pedestrian street entrance of a building, +and consisting primarily of changeable panels, words, or characters. +      (26)   MONUMENT SIGN means a detached sign applied directly onto a grade +level support structure (instead of a pole support) with no separation between +the sign and grade. +      (27)   PLAQUE means a permanent tablet, the contents of which are either +commemorative or identifying. +      (28)   PREMISE means the entire Arts District Sign District land area as +defined in +51A-7.1201(a). +      (29)   PRIVATE SIGNS means those signs that are not "public signs" as +defined in this section. +      (30)   PROJECTING ATTACHED SIGN means an attached sign projecting more +than four inches from a building. +      (31)   PROMOTIONAL SIGN means a sign that promotes a cultural event or +activity. +      (32)   PUBLIC SIGNS means governmental traffic signs, institutional +movement control signs, generic retail identification signs, promotional signs, +or plaques as defined in this section. +      (33)   RESTAURANT/RETAIL IDENTITY SIGN means an attached premise sign +located on a building in Subdistrict B or Subdistrict C that has a restaurant, +retail, or personal service use located on the ground floor and that identifies +that specific restaurant, retail, or personal service tenant. +      (34)   SASAKI PLAN means the urban design plan prepared by Sasaki +Associates, Inc. in August, 1982 to serve as the guideline for development in +the Dallas Arts District. The Sasaki Plan is attached to and made a part of the +Arts District PD ordinance (Ordinance No. 17710, as amended). +      (35)   SIGN HARDWARE means the structural support system for a sign, +including the fastening devices that secure a sign to a building facade or +pole. +      (36)   SPONSORSHIP CONTENT means goods and services sold by the sponsor +of the cultural institution, district, or arts organization whether sold on or +off the premises. +      (37)   TENANT IDENTITY SIGN means an attached premise sign within +Subdistrict A or Subdistrict B located on a building that is primarily used for +office uses that identifies a specific office tenant. +      (38)   THIS DISTRICT means the Arts District Sign District. +      (39)   WINDOW SIGN means a sign temporarily or permanently attached to, +applied on, or supported by a window. +   (b)   Except as otherwise provided in this section, the definitions +contained in Sections +51A-2.102 and +51A-7.102 apply to this division. In the event of a conflict, this section +controls. (Ord. Nos. 20345; 26768; 28071; 28471; 30731; 31079) +SEC. 51A-7.1204.   ARTS DISTRICT SIGN PERMIT REQUIREMENT. +   (a)   A person shall not alter, place, maintain, expand, or remove a sign in +this district without first obtaining a sign permit from the city, except that +no sign permit is required for: +      (1)   governmental traffic signs; and +      (2)   promotional signs other than banners. +   (b)   The procedure for obtaining a sign permit is outlined in this section. +Section +51A-7.602 does not apply to signs in this district. +   (c)   No sign permit may be issued to authorize a sign in this district +unless the director has first issued a certificate of appropriateness in +accordance with this section. +   (d)   There is hereby created a committee to be known as the Arts District +Sign Review Committee (“the committee”). The committee shall be composed of +five members appointed by the city plan commission. One member of the committee +must be an architect or graphic designer. The commission shall solicit a list +of nominees from entities operating in the Arts District. Appointments to the +committee shall be for a term of two years ending on September 1 of each odd- +numbered year, and the members shall serve without compensation. The commission +may appoint up to three alternate members to the committee who serve in the +absence of one more regular members when requested to do so by the chairperson +or by the city manager. The alternate members serve for the same period and are +subject to removal the same as regular members. The commission shall fill +vacancies occurring in the alternate membership the same as in the regular +membership. +   (e)   The committee shall meet upon the call of the chair or a simple +majority of the committee members. A simple majority of members present shall +constitute a quorum, and issues shall be decided by a simple majority vote of +the members present. The department shall furnish staff support to the +committee. +   (f)   The function of the committee shall be to familiarize itself +thoroughly with the character, special conditions, and economics of the Arts +District. In addition, the committee shall provide guidance, advice, and +assistance to the director in reviewing applications for permits to authorize +signs in this district. +   (g)   Section +51A-7.504, which establishes the special sign district advisory committee for +special provision sign districts in the city generally, does not apply to this +district. The Arts District Sign Review Committee is the exclusive advisory +committee for reviewing and making recommendations to the director concerning +applications for permits to authorize signs in this district. +   (h)   Upon receipt of an application for a permit to authorize a sign in +this district, the building official shall refer the application and plans to +the director for a review to determine whether the work complies with this +ordinance. The director shall conduct his or her review so that a decision on +issuance of the permit can be made within 30 calendar days from the date the +completed application is submitted to the building official. +   (i)   The director shall solicit a recommendation from the committee before +making a decision to approve or disapprove a certificate of appropriateness. +The recommendation of the committee is not binding upon the director, and the +director may decide a matter contrary to the recommendation of the committee. +   (j)   A decision by the director to grant a certificate of appropriateness +may be appealed by the committee only. A decision to deny the certificate may +be appealed by either the applicant or the committee. An appeal is made by +filing a written request with the director for review by the city plan +commission. An appeal must be made within 10 days after notice is given to the +applicant of the director’s decision. In considering the appeal, the sole issue +shall be whether or not the director erred in making the decision, and, in this +connection, the commission shall consider the same standards that were required +to be considered by the director in making the decision. Decisions of the +commission are final as to available administrative remedies and are binding on +all parties. +   (k)   If the city plan commission fails to make a decision on an appeal by +the applicant within 30 calendar days of the date the written request for an +appeal is filed with the director, the application shall be considered approved +subject to compliance with all other applicable city codes, ordinances, rules, +and regulations. +   (l)   A person who violates Subsection (a) or any other provision in this +division is guilty of a separate offense for each day or portion of the day +during which the violation is continued. (Ord. Nos. 20345; 20927; 25047; 28073) +SEC. 51A-7.1205.   SPECIAL PROVISIONS FOR ALL SIGNS. +   (a)   This division does not apply to signs that are not visible from +outside the premise on which they are located. +   (b)   Signs in this district are permitted in or overhanging the public way +subject to city franchise requirements. +   (c)   Except in Subdistrict A, Subdistrict B, and Subdistrict C, no sign may +obscure a window or a significant architectural element of a building. +   (d)   Sign hardware may be visible if its structural elements have been +specifically devised for their intrinsic contribution to an overall visual +effect. Utilitarian hardware intended only for functional purposes must be +concealed from normal view. +   (e)   Mounting devices supporting a projecting attached sign must be fully +integrated with the overall design of the sign. +   (f)   Materials, fasteners, and anchors used to manufacture and install +signs must be resistant to corrosion. +   (g)   Paints and coatings must contain a UV inhibitor to retard the +discoloration and fading effects of ultraviolet light. In addition to finish +coats, bare metals must have a primer coat or other surface pretreatment as +recommended by the paint or coating manufacturer. +   (h)   Electrical power required for signs must be supplied by means of +concealed conduit from an appropriate power source to the sign in accordance +with city codes and accepted practices of the trade. Electrical disconnects, +transformers, and related apparatus, including wiring and conduit, must be +concealed from normal view. +   (i)   No signs may be illuminated by an independent external light source. +   (j)   Burned out or defective lights in signs must be replaced within a +reasonable time. Failure to comply with this provision may result in sign +permit revocation. +   (k)   Banners are only allowed as promotional signs. (Ord. Nos. 20345; +28471; 30731; 31079) +SEC. 51A-7.1205.1.   OPERATIONAL REQUIREMENTS FOR SIGNS WITH DIGITAL DISPLAYS. +   (a)   Display. All signs with digital display: +      (1)   must contain a default mechanism that freezes the image in one +position in case of a malfunction; +      (2)   must automatically adjust the sign brightness based on natural +ambient light conditions in compliance with the following formula: +         (A)   the ambient light level measured in luxes, divided by 256 and +then rounded down to the nearest whole number, equals the dimming level; then +         (B)   the dimming level, multiplied by .0039 equals the brightness +level; then +         (C)   the brightness level, multiplied by the maximum brightness of +the specific sign measured in nits, equals the allowed sign brightness, +measured in nits. For example: +            32768   =ambient +            ÷ 256 +            128   =dimming level +            x .0039 +            .4992   =brightness level +            x 9000   =(maximum brightness +               of the example sign) +            4492.8   =allowed brightness in +               nits; +      (3)   may not display light of such intensity or brilliance to cause +glare, impair the vision of an ordinary driver, or constitute a nuisance; +      (4)   must have a full color display able to display a minimum of 281 +trillion color shades; and +      (5)   must be able to display a high quality image with a minimum +resolution equivalent to the following table: +  +Digital Display Sign Resolution Chart +Size of LED Panel Maximum Pixel Size +100 s/f to 125 s/f 16 mm +Greater than 126 s/f 19 mm +  +   (b)   Light intensity. Before the issuance of a sign permit for a sign with +a digital display, the applicant shall provide written certification from the +sign manufacturer that: +      (1)   the light intensity has been factory programmed to comply with the +maximum brightness and dimming standards in the formula in Subparagraph (a)(2); +and +      (2)   the light intensity is protected from end-user manipulation by +password-protected software, or other method satisfactory to the building +official. +   (c)   Change of message. Except as provided in this section, changes of +message must comply with the following: +      (1)   Each message must be displayed for a minimum of eight seconds. +      (2)   Changes of message must be accomplished within two seconds. +      (3)   Changes of message must occur simultaneously on the entire sign +face. +      (4)   No flashing, dimming, or brightening of message is permitted except +to accommodate changes of message. +   (d)   Streaming information. If a special events permit has been issued for +district activities, ticker tape streaming and streaming video are permitted. +   (e)   Malfunction. Digital display sign operators must respond to a +malfunction or safety issue within one hour after notification. (Ord. 28071) +SEC. 51A-7.1206.   PUBLIC SIGNS. +   (a)   Generic retail identification signs. +      (1)   This subsection applies only to generic retail identification signs +as defined in Section +51A-7.1203. +      (2)   These signs are only permitted on Flora Street. +      (3)   These signs must be one-eighth inch thick aluminum disks that are +12 inches in diameter. +      (4)   Messages on these signs must consist entirely of graphic symbols or +glyphs designed to identify a type or category of retail facility. They may not +identify specific retail establishments. +      (5)   These signs must be mounted on streetlight poles. No more than six +signs are allowed on a pole. When there is more than one sign, the second sign +must be the same height as the first sign and located on the other side of the +pole. Additional signs must be similarly paired and located immediately beneath +the first two signs. Thus, the proper maximum configuration will be symmetrical +and consist of three pairs of signs, with the second and third pairs being +located immediately below the first pair. +   (b)   Governmental traffic signs. +      (1)   This subsection applies only to governmental traffic signs as +defined in Section +51A-7.1203. +      (2)   Notwithstanding any other provision in this division, these signs +must comply with applicable statutory specifications. +      (3)   On Flora and Crockett Streets these signs must be mounted on +streetlight poles, or on white cylindrical poles. On other streets they must be +mounted on white cylindrical poles or on other fixtures recommended in the CBD +Streetscape Plan. +      (4)   The backs of these signs must be white in color. +   (c)   Institutional movement information signs. +      (1)   This subsection applies only to institutional movement information +signs as defined in Section +51A-7.1203. +      (2)   On Flora and Crockett Streets these signs must be mounted on +streetlight poles, or on white cylindrical poles. On other streets they must be +mounted on white cylindrical poles or on other fixtures recommended in the CBD +Streetscape Plan. +      (3)   The backs of these signs must be white in color and incorporate the +Arts District official logo. +   (d)   Plaques. Plaques must be made of bronze or stone and contain an +inscription that relates to the Arts District. +   (e)   Promotional signs. +      (1)   This subsection applies only to promotional signs as defined in +Section +51A-7.1203. +      (2)   These signs must promote cultural events and activities. The +portion of a sign devoted to sponsor identification, if any, must not exceed 10 +percent of its effective area. No sign or portion of a sign may be used to +advertise a specific product or service other than the cultural event or +activity. +      (3)   Banners must be either flat against a building facade or mounted on +streetlight poles. All other signs must be affixed to city-franchised kiosks. +      (4)   No sign other than a banner may be larger than 30 inches by 40 +inches. +      (5)   No sign may be permanent in nature. Each sign must be removed no +later than 30 days after its specific advertised event or activity has ended. +(Ord. 20345) +SEC. 51A-7.1207.   ATTACHED PRIVATE SIGNS. +   (a)   In general. +      (1)   This section applies to all attached private signs except building +identification signs, cultural institution identification signs, canopy fascia +signs, and tenant identity signs within Subdistrict A, Subdistrict B, and +Subdistrict C. For the regulations governing building identification signs, see +Section +51A-7.1209. For the regulations governing cultural institution identification +signs, see Section +51A-7.1210. For the regulations governing canopy fascia signs, see Section +51A-7.1211. For the regulations governing tenant identity signs within +Subdistrict A, see Section +51A-7.1214.1. For the regulations governing tenant identity and restaurant/ +retail identity signs within Subdistrict B, see Section +51A-7.1214.2. For the regulations governing restaurant/retail identity signs +within Subdistrict C, see Section +51A-7.1214.3. +      (2)   These signs are only allowed on building facades that are in the +Flora Street Frontage Area. +      (3)   No sign may project above the building cornice area. +      (4)   At grade structural supports are prohibited. +      (5)   No establishment may have a mix of awning signs, projecting +attached signs, flat attached signs, and/or marquee signs, except that awning +signs may be mixed with flat attached signs. +   (b)   Awning signs. +      (1)   This subsection applies only to awning signs as defined in Section +51A-7.1203. +      (2)   Letters and numbers on these signs must: +         (A)   be parallel or perpendicular to the front building facade; and +         (B)   not exceed 18 inches in height. +      (3)   No letters or numbers are allowed on the sloped top of an awning +except as part of an official corporate logo or registered trademark. No more +than 50 percent of the total sloped awning surface area may contain graphics. +      (4)   No words, other than those which are part of the basic awning +design pattern, are permitted on awnings located above the second story. +      (5)   No sign may have flashing or sequenced lighting. +   (c)   Flat attached signs. +      (1)   This subsection applies only to flat attached signs as defined in +Section +51A-7.1203. +      (2)   These signs are not permitted above the third story of a building. +      (3)   No sign may have a length that exceeds 70 percent of the length of +the frontage of the establishment with which it is associated. Signs associated +with the same establishment must be spaced at least 30 feet apart. No sign may +exceed 60 square feet in effective area. +      (4)   The maximum character heights allowed on these signs are: +         (A)   18 inches for signs located below the third story; and +         (B)   24 inches for third-story signs. +      (5)   No sign cabinets are permitted. Adequate clear space for staging +characters must be provided. In no event may the character height exceed 60 +percent of the vertical dimension of the sign. The sides of three-dimensional +characters, if any, must be the same color as their faces. +      (6)   No sign may contain more than five words. +      (7)   Sources of sign illumination that are an integral part of the +design of the sign, such as neon or small individual incandescent lamps, are +permitted. These signs may be protected by transparent covers. +      (8)   Internally-lit plastic translucent signs are prohibited. +      (9)   No sign may have flashing or sequenced lighting. +   (d)   Marquee signs. +      (1)   This subsection applies only to marquee signs as defined in Section +51A-7.1203. +      (2)   These signs are only allowed in conjunction with establishments +that have as their major use movies or live entertainment productions. +      (3)   The permanent canopy of which this sign is a part must: +         (A)   project no more than six feet from the building facade; +         (B)   be a minimum of ten feet above the sidewalk grade; +         (C)   have a vertical dimension that does not exceed four feet; and +         (D)   have a horizontal dimension along the building facade that does +not exceed 30 feet. +      (4)   The total effective area of signs on the permanent canopy must not +exceed 120 square feet. +      (5)   No sign may: +         (A)   project more than three feet from the permanent canopy; +         (B)   extend vertically more than 30 feet above the canopy height; or +         (C)   be more than three feet in width. +      (6)   Messages with characters over eight inches in height are limited to +a maximum of five words on each canopy facade. Messages with characters under +eight inches in height have no limit on the number of words. Character height +must not exceed 60 percent of the vertical dimension of the permanent canopy, +or 24 inches, whichever is less. +      (7)   Only the name of the establishment with which the sign is +associated may appear on that portion of the sign located above the permanent +canopy. +      (8)   Display panels that announce a show or event may have plastic +characters on an internally-lit background. +      (9)   These signs may turn on or off or change their brightness. The +restrictions contained in Section +51A-7.303(b)(1) do not apply to these signs. Flashing and sequenced lighting +are permitted. +   (e)   Projecting attached signs. +      (1)   This subsection applies only to projecting attached signs as +defined in Section +51A-7.1203. +      (2)   These signs must be a minimum of ten feet above grade. +      (3)   These signs must be located in either the bottom, top, or combined +envelope depicted graphically in the diagram that is attached to and made a +part of this ordinance as Exhibit B. Restrictions on the size and location of +each sign depend on which envelope the sign is located in as follows: +  + Bottom Envelope Top Envelope Combined Envelope +Maximum projection allowed from 6 ft. 3 ft. 3 ft. +building facade +Maximum vertical dimension 10 ft. 20 ft. 30 ft. +allowed +Maximum effective area allowed 30 sq. ft. 40 sq. ft. 45 sq. ft. +for each sign face* +*Double this amount to compute the total effective area allowed for both sides +of the sign. +  +      (4)   If their characters are eight inches or less in height, these signs +are not restricted as to the number of words permitted. Signs with characters +more than eight inches in height are limited to five words. No character may +exceed 12 inches in height if the message area exceeds 60 percent of the sign +surface area. +      (5)   One sign is allowed above each entrance provided that signs +associated with the same establishment are spaced at least 30 feet apart. +      (6)   No sign may be more than 12 inches thick. All messages on these +signs must be located on a sign face that is perpendicular to the front +building facade. +      (7)   No illuminated sign or element of a sign may turn on or off or +change its brightness. +      (8)   Sources of sign illumination that are an integral part of the +design of the sign, such as neon or small individual incandescent lamps, are +permitted. These signs may be protected by transparent covers. +      (9)   Internally-lit plastic translucent signs are prohibited. +   (f)   Window signs. +      (1)   This subsection applies only to window signs as defined in Section +51A-7.1203. +      (2)   No character on these signs may exceed 12 inches in height. +      (3)   The maximum amount of window area that may be utilized as sign +space varies depending on the location of the window as follows: +  +Window Location Maximum Window Coverage Allowed +First Story 8 sq. ft. or 15 percent, whichever is less +Second Story 10 sq. ft. or 20 percent, whichever is less +Third Story 12 sq. ft. or 25 percent, whichever is less +  +      (4)   No establishment may have more than four window signs. +      (5)   Hanging neon signs are allowed if their transformers are concealed +from normal view. +      (6)   Opaque painted backgrounds on windows are prohibited. (Ord. Nos. +20345; 26768; 28071; 28471; 30731; 31079) +SEC. 51A-7.1208.   DETACHED PRIVATE SIGNS. +   (a)   Detached non-premise signs. Detached non-premise private signs are +prohibited in this district. This provision does not apply to: +      (1)   sponsorship messages on canopy fascia signs, cultural institution +digital signs, and freestanding identification signs; or +      (2)   non-premise messages allowed on construction barricade signs. +   (b)   Detached premise signs. +      (1)   This subsection applies to all detached premise signs except +building identification signs, cultural institution identification signs, +cultural institution identification signs, cultural institution digital signs, +freestanding identification signs, construction barricade signs, and integrated +signs within Subdistrict A, Subdistrict B, and Subdistrict C. For the +regulations governing building identification signs, see Section +51A-7.1209. For the regulations governing cultural institution identification +signs, see Section +51A-7.1210. For the regulations governing cultural institution digital signs, +see Section +51A-7.1212. For the regulations governing freestanding identification signs, +see Section +51A-7.1213. For the regulations governing construction barricade signs, see +Section +51A-7.1214. For the regulations governing integrated signs within Subdistrict +A, see Section +51A-7.1214.1. For the regulations governing integrated signs within Subdistrict +B, see Section +51A-7.1214.2. For the regulations governing integrated signs within Subdistrict +C, see Section +51A-7.1214.3. +      (2)   No detached premise sign may exceed 20 square feet in effective +area. +      (3)   Each premise may have no more than one sign on each blockface. +      (4)   The pole support element of these signs must be a cylindrical metal +column that is six inches in diameter and white in color. +      (5)   No sign may exceed 13 feet 6 inches in height. +      (6)   The face of these signs must be flat. Vacuum-formed sign faces are +prohibited. +      (7)   No sign may move or rotate. +      (8)   No sign may be more than 12 inches thick. +      (9)   No illuminated sign or element of a sign may turn on or off or +change its brightness. (Ord. Nos. 20345; 26768; 28071; 28471; 30731; 31079) +SEC. 51A-7.1209.   BUILDING IDENTIFICATION SIGNS. +   (a)   This section applies only to building identification signs as defined +in Section +51A-7.1203. +   (b)   Illumination of these signs, if any, must be from within to illuminate +the building facade or monument and produce a “halo” around the characters. No +illuminated sign or element of a sign may turn on or off or change its +brightness. +   (c)   These signs must be located: +      (1)   on a building facade above an entrance; +      (2)   in the building cornice area; or +      (3)   on a monument in a landscaped area between a building facade and +the property line. +   (d)   Signs located above building entrances are limited to the building +name and/or street address. A maximum of 50 square feet of effective area of +each sign may be allocated to the building name, and a maximum of 25 square +feet of effective area of each sign may be allocated to the building address. +The maximum permitted heights of characters on these signs are 24 inches for +the building name, and 12 inches for the building address. These signs are not +allowed above the third story of the building. +   (e)   No facade may have more than one sign in the building cornice area. +   (f)   Signs on monuments must conform to the setback and area regulations of +detached premise signs in this chapter generally. These signs must be composed +of individual characters made of bronze, brass, or stainless steel, or be +engraved in stone. (Ord. 20345) +SEC. 51A-7.1210.   CULTURAL INSTITUTION IDENTIFICATION SIGN. +   (a)   This section applies only to cultural institution identification +signs. +   (b)   Signs may only be located on: +      (1)    a building facade; +      (2)   a lower-level roof line as shown on Exhibit C; or +      (3)   a monument in a landscaped area between a building facade and the +property line. +   (c)   Signs on a building facade may not have an effective area greater than +five percent of that building facade. +   (d)   Signs on a lower-level roof line may not have an effective area +greater than five percent of the facade segment located beneath that lower- +level roof line. (See Exhibit C). +   (e)   No portion of a sign on a lower-level roof line may project above the +structures’ highest roof-line. +   (f)   Sign cabinets are not permitted. +   (g)   Illuminated signs and illuminated sign elements may not turn on or +off, but may go through cycles of dimming and brightening to create a slow +pulsing effect. Each cycle of dimming and brightening must exceed five seconds. +   (h)   Signs must be compatible with the architectural design and contribute +to the visual effect of the building. +   (i)   Characters may not exceed 24 inches in height. +   (j)   Monument signs must comply with the setback and effective area +regulations for detached premise signs in this chapter. +   (k)   Signs shall not be considered a business identification sign. +   (l)   Signs may not have a changeable message. (Ord. 26768) +SEC. 51A-7.1211.   CANOPY FASCIA SIGNS. +   (a)   This section applies only to canopy fascia signs as defined in Section +51A-7.1203. +   (b)   Canopy fascia signs must comply with the operational requirements in +Section +51A-7.1205.1. +   (c)   Canopy fascia signs may only be located on buildings fronting on Flora +Street. +   (d)   A maximum of two canopy fascia signs per building is allowed. Only one +canopy fascia sign is allowed on a building facade. +   (e)   Maximum height of a canopy fascia sign is four feet. +   (f)   Maximum length of a canopy fascia sign is 74 feet. +   (g)   Maximum effective area of a canopy fascia sign is 496 square feet. +   (h)   Canopy fascia signs may only display premise and sponsorship content. +(Ord. 28071) +SEC. 51A-7.1212.   CULTURAL INSTITUTION DIGITAL SIGNS. +   (a)   This section applies only to cultural institution digital signs as +defined in Section +51A-7.1203. +   (b)   Cultural institution digital signs must comply with the operational +requirements in Section +51A-7.1205.1. +   (c)   A maximum of six cultural institution digital signs are allowed. +      (1)   One cultural institution digital sign is allowed at the southwest +corner of the intersection of Woodall Rodgers Freeway and Jack Evans Street. +         (A)   Maximum height is 50 feet. +         (B)   Maximum width is 20 feet. +         (C)   Total maximum effective area is 1,000 square feet, per side. +Maximum effective area for identification of sponsor is 400 square feet, per +side. +         (D)   Minimum setback is 12 feet from back of curb. +      (2)   One cultural institution digital sign is allowed at the northeast +corner of the intersection of Ross Avenue and Leonard Street. +         (A)   Maximum height is 35 feet. +         (B)   Maximum width is 12 feet. +         (C)   Total maximum effective area is 420 square feet, per side. +Maximum effective area for identification of sponsor is 144 square feet, per +side. +         (D)   Minimum setback is 35 feet from back of curb. +      (3)   Four cultural institution digital signs are allowed along Flora +Street. +         (A)   Maximum height is 7 feet. +         (B)   Maximum width is 3.5 feet. +         (C)   Total maximum effective area is 8 square feet, per side. Maximum +effective area for identification of sponsor is 1.25 square feet, per side. +         (D)   Minimum setback is 30 feet from back of curb. +   (d)   Cultural institution digital signs may only display premise and +sponsorship content. (Ord. Nos. 28071; 28553) +SEC. 51A-7.1213.   FREESTANDING IDENTIFICATION SIGNS. +   (a)   This section applies only to freestanding identification signs as +defined in Section +51A-7.1203. +   (b)   A maximum of three freestanding identification signs are allowed only +along Flora Street. +   (c)   Maximum height is 20 feet. +   (d)   Maximum width is 8 feet. +   (e)   Maximum effective area is 160 square feet, per side. +   (f)   Minimum setback is 30 feet from back of curb. +   (g)   Freestanding identification signs may only display premise and +sponsorship content. (Ord. 28071) +SEC. 51A-7.1214.   CONSTRUCTION BARRICADE SIGNS. +   (a)   This section applies only to construction barricade signs as defined +in Section +51A-7.1203. +   (b)   A minimum 10 percent of the effective area of the sign must display +the names of the owner, occupant, district sponsor, district activity, and/or +Woodall Rodgers Park name or activity. +   (c)   Non-premise messages are allowed. Only one non-premise message along a +street frontage is allowed. +   (d)   Construction barricade signs must be removed when the construction +barricade is removed. +   (e)   The message area on a construction barricade sign may be fully +decorated or graphically designed if: +      (1)   no decoration or graphic horizontally projects more than two inches +from the surface of the barricade; or +      (2)   no decoration or graphic vertically projects more than four feet +above the top of the barricade. (Ord. Nos. 28071; 28553) +SEC. 51A-7.1214.1.   SUBDISTRICT A. +   (a)   In general. Except as provided in this division, the provisions of the +Arts District Sign District apply in this subdistrict. +   (b)   Tenant identity signs and building identification signs. +      (1)   Only one tenant identity sign or building identification sign is +permitted per facade, except that a tenant identity sign or building +identification sign is not permitted on the Leonard Street facade. +      (2)   Except as provided in this paragraph, tenant identity signs must be +located above the highest leasable floor. On the Ross Avenue facade, a tenant +identity sign may be located at any floor. +      (3)   Tenant identity signs must be composed of individual letters only +and illumination of these signs, if any, must be internal to each letter. No +illuminated sign or element of a sign may turn on or off or change its +brightness. +      (4)   All tenant identity signs and building identification signs must be +the same color. +   (c)   Integrated sign. +      (1)   Only one integrated sign is permitted. +      (2)   This sign must be either an attached sign or a monument sign. +         (A)   If the sign is an attached sign, it must be attached to a wall +and face Crockett Street. +         (B)   If the sign is a monument sign, it may be two sided, but must be +located in the building plaza area. +      (3)   This sign may identify the building’s owner or developer and +multiple tenants. +      (4)   This sign may be located at the building line. +      (5)   This sign may be located within five feet of a public right of-way. +      (6)   The maximum height for the sign is eight feet measured from the +bottom of the sign face to the top of the sign face. +      (7)   The maximum effective area for the sign is 50 square feet. +      (8)   All elements of an integrated sign must be consistent in color and +materials. +   (d)   Detached premise sign. Detached premise signs may not exceed 30 square +feet. (Ord. Nos. 28471; 29339) +SEC. 51A-7.1214.2.    SUBDISTRICT B. +   (a)   In general. Except as provided in this division, the provisions of the +Arts District Sign District apply in this subdistrict. +   (b)   Tenant identity signs and building identification signs. +      (1)   Number. +         (A)   Two tenant identity signs or building identification signs are +permitted on the Woodall Rodgers Freeway facade and must be located at or above +the third story. +         (B)   Tenant identity signs are prohibited on the Munger Avenue and +Crockett Street facades. +      (2)   Composition and illumination. Tenant identity signs must be +composed of individual letters only and illumination of these signs, if any, +must be internal to each letter. No illuminated sign or element of a sign may +turn on or off or change its brightness. +      (3)   Color. All tenant identity signs and building identification signs +must be the same white and silver color. +      (4)   Facade coverage. Tenant identity signs and building identification +signs may not exceed four percent of the facade to which it is affixed. +   (c)   Restaurant/retail identity signs. +      (1)   Two restaurant/retail identity signs are allowed on the Pearl +Street facade and two restaurant/ retail signs are allowed on the Woodall +Rodgers Freeway facade. +      (2)   Restaurant/retail identity signs must be composed of individual +letters only and illumination of these signs, if any, must be internal to each +letter. No illuminated sign or element of a sign may turn on or off or change +its brightness. +      (3)   All restaurant/retail signs must be the same white and silver +color. +      (4)   Restaurant/retail identity signs may not exceed four percent of the +facade to which it is affixed. +      (5)   Restaurant/retail identity signs may be located a maximum of 24 +feet above grade. +   (d)   Integrated sign. +      (1)   Only one integrated sign is permitted. +      (2)   This sign must be a monument sign. +      (3)   This sign may be located at the building line. +      (4)   This sign may be located within five feet of a public right of-way. +This sign must be located on Pearl Street a minimum of 15 feet from Woodall +Rodgers Freeway and 100 feet from Munger Avenue. +      (5)   The maximum height for the sign is eight feet measured from the +bottom of the sign face to the top of the sign face. +      (6)   The maximum effective area for the sign is 175 square feet. Tenant +names are limited to a maximum effective area of 60 square feet. The portion of +the sign that contains the address and that does not contain tenant names must +have a clear or transparent appearance. +      (7)   All elements of an integrated sign must be a consistent color and +materials to the building. (Ord. 30731) +SEC. 51A-7.1214.3.    SUBDISTRICT C. +   (a)   In general. Except as provided in this division, the provisions of the +Arts District Sign District apply in this subdistrict. +   (b)   Restaurant/retail identity signs. +      (1)   Two restaurant/retail identity signs are allowed on the Ross Avenue +facade. +      (2)   Restaurant/retail identity signs must be composed of individual +letters only and illumination of these signs, if any, must be internal to each +letter. No illuminated sign or element of a sign may blink, flash, or change +its brightness. +      (3)   The maximum effective area for a restaurant/retail identity sign is +50 square feet. +      (4)   Restaurant/retail identity signs may be located a maximum of 24 +feet above grade. +      (5)   Restaurant/retail identity signs may be located on or behind glass +facades. +   (c)   Building identification sign. +      (1)   In this subdistrict, a building identification sign includes a sign +that is part of a landscape design that creates a base for the sign in +conjunction with a retaining wall or an open space created with the use of +water or planting material. +      (2)   The maximum effective area for a building identification sign is 40 +square feet. +      (3)   One building identification sign may be located on Ross Avenue a +minimum of 10 feet from Olive Street and 290 feet from Harwood Street. +      (4)   A building identification sign may be located within five feet of a +public right-of-way. +   (d)   Integrated sign. +      (1)   A maximum of two integrated signs are permitted. +         (A)   One integrated sign must be located on Ross Avenue a minimum of +10 feet from Olive Street and 260 feet from Harwood Street. The maximum +effective area for the integrated sign at this location is 40 square feet. +         (B)   One integrated sign that may only identify the building must be +located on Ross Avenue a minimum of 280 feet from Olive Street and 20 feet from +Harwood Street. The maximum effective area for the integrated sign at this +location is 30 square feet. +      (2)   An integrated sign may be located within five feet of a public +right-of-way. +      (3)   A single contiguous sign, able to be viewed from more than one +street, is considered one integrated sign. +      (4)   The maximum height for an integrated sign is eight feet, measured +from the bottom of the sign face to the top of the sign face. +      (5)   The characters on an integrated sign must be a minimum of four +inches in height. +      (6)   All integrated signs must have consistent color, materials, and +fonts. (Ord. 31079) +SEC. 51A-7.1215.   APPLICATION OF HIGHWAY BEAUTIFICATION ACTS. +   For purposes of applying the Federal and Texas Highway Beautification Acts, +this district is considered to be a commercial zone. (Ord. 28071) +EXHIBIT A - ORD. 20345 +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-105.png] +EXHIBIT B - ORD. 20345 +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-107.png] +EXHIBIT C - ORD. 26768 +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-109.png] +Division 51A-7.1300. Provisions for Deep Ellum/Near East Side Sign District. +SEC. 51A-7.1301.   DESIGNATION OF SIGN DISTRICT. +   A special provision sign district is hereby created to be known as the Deep +Ellum/Near East Side Sign District. The boundaries of the Deep Ellum/Near East +Side Sign District are the same as those of the Deep Ellum/Near East Side +District (Planned Development District No. 269). (Ord. 20596) +SEC. 51A-7.1302.   PURPOSE. +   The purpose of this division is to promote signage that is compatible with +the architectural character and design guidelines of the Deep Ellum/Near East +Side Planned Development District while encouraging artistic, creative, and +innovative signs which are reflective of themes that have grown and developed +in the Deep Ellum area. (Ord. 20596) +SEC. 51A-7.1303.   DEFINITIONS. +   (a)   In this division: +      (1)   A-FRAME SIGN means a premise sign that is a portable detached +structure that is hinged at the top and is made of durable, rigid materials +such as wood, plastic, or metal. +      (2)   ARTWORK means any pictorial or image presentation or design. +      (3)   AWNING means a fabric or vinyl surface supported by a metal +structure, which is applied to the face of a building. +      (4)   AWNING SIGN means a sign attached to, painted on, or otherwise +applied to an awning. +      (5)   DISTRICT IDENTIFICATION SIGN means an attached or detached sign +identifying only this district. +      (6)   MARQUEE SIGN means a sign attached to, applied on, or supported by +a permanent canopy projecting over a pedestrian street entrance of a building, +and consisting primarily of changeable panels or words. +      (7)   PAINTED APPLIED SIGN means a sign that is painted, or that is made +to look painted, directly onto the face of the exterior facade of a building +not including doors and windows. Signs of this type must naturally conform to +the textured surface of the facade. +      (8)   THIS DISTRICT means the Deep Ellum/Near East Side Sign District. +       (9)   WALLSCAPE SIGN means a sign meeting the requirements set forth in +Section +51A-7.1306(g). +      (10)   WINDOW SIGN means a sign painted or affixed onto a window. +   (b)   Except as otherwise provided in this section, the definitions +contained in Sections +51A-2.102 and +51A-7.102 apply to this division. In the event of a conflict, this section +controls. (Ord. Nos. 20596; 24984; 31494) +SEC. 51A-7.1304.   SIGN PERMIT REQUIREMENTS. +   (a)   No person may alter, place, maintain, expand, or remove a sign in this +district without first obtaining a sign permit from the city. This section does +not apply to government signs described in Section +51A-7.207. +   (b)   Except as otherwise provided in Section +51A-7.1306(f), the procedure for obtaining a sign permit is outlined in Section +51A-7.505. +   (c)   Section +51A-7.602 does not apply to signs in this district. (Ord. Nos. 20596; 24984) +SEC. 51A-7.1305.   SPECIAL PROVISIONS FOR ALL SIGNS. +   (a)   Signs in this district are permitted to overhang the public right-of- +way subject to city franchising requirements. +   (b)   Except for wallscape signs, painted applied signs, and district +identification signs, no sign may exceed 150 square feet unless it is located +more than 65 feet above grade, at which point no sign may exceed 300 square +feet. +   (c)   Except as otherwise provided in Subsections (d) and (e), the maximum +effective area of all signs combined on a premise, not including A-frame signs, +painted applied signs on certain facades, and district identification signs, is +10 percent of the total area of all building facades facing public right-of-way +that is adjacent to the premise, not to exceed 1,200 square feet. Where a +premise has only one facade facing an adjacent public right-of-way, the maximum +effective area can be increased to 15 percent of that facade, not to exceed 500 +square feet. +   (d)   Excluding A-frame signs, painted applied signs on certain facades, and +district identification signs, when more than 50 percent of the total effective +area of all signs combined on a premise is devoted to artwork, and there is no +wallscape sign on the premise, the maximum effective area of all signs combined +on a premise is 15 percent of the total area of all building facades facing +public right-of-way that is adjacent to the premise, not to exceed 1,400 square +feet. Where a premise has only one facade facing an adjacent public right-of- +way, the maximum effective area can be increased to 20 percent of that facade, +not to exceed 600 square feet. +   (e)   When there is a wallscape sign on the premise, the maximum effective +area of all signs combined on a premise is 90 percent of the total area of all +building facades facing a public right-of-way that is adjacent to the premise. +   (f)   Except for wallscape signs, all signs must be premise signs or convey +a noncommercial message. +   (g)   Special purpose signs may be erected on a premise no more than twice +each calendar year. The maximum number of consecutive days that a special +purpose sign may be maintained is 45. Special purpose signs may not exceed 10 +percent of the facade to which they are attached. Detached special purpose +signs are prohibited. +   (h)   The use of neon or single incandescent bulbs is permitted. +   (i)   Digital displays are prohibited. +   (j)   No portions of a sign other than the words themselves may be +illuminated by back-lighting. +   (k)   No portion of a sign may have a luminance greater than 200 +footlamberts. +   (l)   The following materials are suggested, but not required, for signs in +this district: +      (1)   Metal. +      (2)   Glass. +      (3)   Wood. (Ord. Nos. 20596; 24984; 31494) +SEC. 51A-7.1306.   SPECIAL PROVISIONS FOR ATTACHED SIGNS. +   The regulations relating to the erection of attached signs in this district +are hereby expressly modified as follows: +   (a)   Attached signs in general. +      (1)   No portion of an attached sign may be located: +         (A)   more than 10 feet from the facade to which it is attached; or +         (B)   less than two feet from the back of a street curb. +      (2)   Although not required, the use of three-dimensional projecting +attached signs is encouraged. +   (b)   Cultural event or activity signs. +      (1)   Cultural event or activity signs are permitted in this district to +promote cultural events or activities happening within the district and within +one-half mile of the district. +      (2)   Cultural event or activity signs are temporary signs that may only +be displayed up to 45 days prior to the event or activity being promoted and +must be removed no later than 45 after the event or activity. +      (3)   If the cultural event or activity has a sponsor, no more than 10 +percent of the effective area of a cultural event or activity sign may be +utilized for sponsor identification. +      (4)   No portion of a cultural event or activity sign may be used to +advertise a specific product or service other than the cultural event or +activity. +   (c)   Awning signs. Awning signs must be flat attached, imprinted, painted +on the face of an awning, or attached to and hanging from the bottom of an +awning. Signs hanging from the bottom of an awning must meet the following +requirements: +      (1)   The bottom of the awning sign must be a minimum of 10 feet above +the ground surface when projecting over a private or public walkway. +      (2)   Awning signs must project no more than five feet into a public +right-of-way and must project no closer than two feet from the face of the curb +line without projecting past the edge of the awning. All necessary city +licenses and permits must be obtained. +   (d)   Marquee signs. +      (1)   No premise may have more than one marquee sign. +      (2)   The length of a marquee sign must not exceed two-thirds of the +length of the facade to which it is attached. +      (3)   Marquee signs may incorporate moving patterns or bands of light, +except that the use of illumination to produce apparent motion of a visual +image, such as expanding or contracting shapes, rotation, or similar effects of +animation, is prohibited. +   (e)   Window sign. No window sign may cover more than 25 percent of the +window surface area. +   (f)   Painted applied signs. +      (1)   On facades where less than 10 percent of the facade is comprised of +windows, painted applied signs may cover up to 40 percent of the facade. +      (2)   No portion of a painted applied sign, on any facade, may cover a +significant decorative feature of the facade. +   (g)   Wallscape signs. +      (1)   Definitions. In this section, WALLSCAPE SIGN means an attached +premise or non-premise sign on a mesh type surface or painted directly onto the +face of a building. +      (2)   Visual display and coverage. +         (A)   A wallscape sign must have at least 84 percent of non-textual +graphic content (a maximum of 16 percent of the effective area of the sign may +contain text). +         (B)   A wallscape sign must have a single message; it may not have +multiple messages or function as multiple signs. +         (C)   The lower 15 feet of the face may not be covered. +      (3)   Minimum effective area. Minimum effective area of a wallscape sign +is 1,200 square feet. +      (4)   Location. The building to which a wallscape sign is attached or +applied must be more than 80 feet in height, and only those portions of a +building covering at least 1,100 square feet in floor area may be used to +determine the height of the building for the purpose of this paragraph. No +wallscape sign may be attached to a building or structure erected after June 1, +2005. +      (5)   Number of signs permitted, and spacing requirement. One wallscape +per face is permitted in this district. The signs may be spaced immediately +adjacent to each other on different faces of the building. +      (6)   Removal of wallscape sign. If a wallscape sign is proposed that +will be painted onto the face of a building, the applicant must provide a bond +in the amount of the cost of removal of the wallscape sign, that provides that +the wallscape sign will be removed within 30 days of the expiration of the +permitted message duration. +      (7)   Sign permit application review. All applications for sign permits +for wallscape signs shall be reviewed using the director procedure in Division +51A-7.500. +      (8)   Mandatory removal in 2030. All wallscape signs must be removed on +or before July 1, 2030. This section does not confer a nonconforming or vested +right to maintain a wallscape sign after July 1, 2030, and all permits +authorizing wallscape signs shall automatically expire on that date. +      (9)   Sunset. This section expires on July 1, 2030, unless reenacted with +amendment prior to that date. The city plan commission and city council shall +review this section prior to its expiration date. +   (h)   District identification signs. +      (1)   Recognizing the historical, cultural, artistic, and architectural +importance and significance of this district to the citizens of the City of +Dallas, the provisions in this subsection are specifically tailored to preserve +and enhance the district, and to strengthen district identity. +      (2)   There is no limit to the number of attached district identification +signs. (Ord. Nos. 20596; 24984; 25996; 27284; 31494) +SEC. 51A-7.1307.   SPECIAL PROVISIONS FOR DETACHED SIGNS. +   The regulations relating to the erection of detached signs in this district +are hereby expressly modified as follows: +      (1)   No premise having an attached sign of any type, except for cultural +event or activity signs, special purpose signs, or district identification +signs, may have a detached sign, except for A-frame signs, unless the maximum +effective area for all signs on the premise, as established in +51A-7.1305(c), +51A-7.1305(d), or +51A-7.1305(e), is reduced by 25 percent for each detached sign located on the +premise not to exceed a total reduction of 75 percent of the maximum effective +area. Where the premise has only one facade facing an adjacent public right-of- +way, the maximum effective area is to be reduced by 75 percent. +      (2)   A premise may have no more than one detached sign along each street +frontage. +      (3)   No detached sign support may be located in the public right-of-way. +      (4)   A-frame signs. +         (A)   Only one A-frame sign is permitted for each business use. +         (B)   The maximum size of an A-frame sign is 32 inches wide and 36 +inches tall. +         (C)   An A-frame sign may only be displayed when the business it +identifies is open. +         (D)   A-frame signs may be located on the sidewalk if a minimum of +four feet of unobstructed sidewalk area is provided and all necessary city +licenses and permits have been obtained. +         (E)   A-frame signs may not be located within 25 feet of an +intersection or within a visibility triangle. +      (5)   District identification signs. Recognizing the historical, +cultural, artistic, and architectural importance and significance of this +district to the citizens of the City of Dallas, the provisions in this +paragraph are specifically tailored to preserve and enhance the district, and +to strengthen district identity. +         (A)   The maximum number of district identification signs is nine. +         (B)   Except as otherwise provided in this paragraph, district +identification signs may only be located in or over and span across the rights- +of-way at the following locations: +            (i)   Four of the district identification signs are limited to +1,000 square feet in effective area and may be located at any of the following +locations: +               (aa)    Along Hall Street, between Crutcher Street and Elm +Street. +               (bb)    Main Street & Deep Ellum Trailhead. +               (cc)    Exposition Avenue & 1st Avenue. +               (dd)    Malcolm X Boulevard & Hall Street. +               (ee)    Elm Street & Interstate-345. +            (ii)   Four other district identification signs are limited to 250 +square feet in effective area and may be located at any of the previously +stated locations that do not already have a district identification sign or at +any of the following locations: +               (aa)    Canton Street & Henry Street. +               (bb)    Main Street & Malcolm X Boulevard. +               (cc)    Main Street & Good-Latimer Expressway. +            (iii)   The final district identification sign is limited to 250 +square feet in effective area and may be located at any location within the +district that does not already have a district identification sign. +         (C)   Minimum clearance for a district identification sign located in +or over and spanning across a right-of-way must be determined by the director +before a district identification sign permit may be issued and all necessary +city licenses and permits are obtained. +         (D)   A district identification sign that is located over and spanning +across a right-of-way may not resemble or obstruct traffic control devices. +         (E)   A district identification sign may not be located in or visually +obstruct a visibility triangle as defined in the visual obstructions +regulations in Section +51A-4.602(d). (Ord. Nos. 20596; 31494) +SEC. 51A-7.1308.   COMMERCIAL PARKING LOTS. +   For commercial parking lots, one sign is permitted for each street frontage. +Commercial parking lot signs are limited to 20 square feet in effective area +and 15 feet in height. (Ord. Nos. 26066; 31494) +Division 51A-7.1400. Jefferson Boulevard Sign District. +SEC. 51A-7.1401.   DESIGNATION OF SIGN DISTRICT. +   A special provision sign district is hereby created to be known as the +Jefferson Boulevard Sign District. The Jefferson Boulevard Sign District is +that area within the following described boundaries: +   BEGINNING at a point being the northwestern corner of Lot 9A, Block 189/ +3248; +   THENCE easterly along the northern lot line of Lot 9A, Block 189/3248, +crossing Polk Street and extending along the center line of the alley between +Sunset Street and Jefferson Boulevard to the center line of the alley between +Polk Street and Tyler Street; +   THENCE northerly along the alley center line to the projected northern lot +line of Lot 3, Block 178/3237; +   THENCE easterly along the northern lot line of Lot 3, Block 178/3237 +crossing Tyler Street and extending along the northern lot lines of Lots 11 and +12, Block 157/3226 and extending along the center line of the alley between +Sunset Street and Jefferson Boulevard to the center line of the alley between +Zang Boulevard and Beckley Avenue; +   THENCE northerly along the center line of the alley between Zang Boulevard +and Beckley Avenue to the projected northern lot line of Lot 10, Block 49/3169; +   THENCE easterly along the northern lot line of Lot 10, Block 49/3169 to the +center line of Beckley Avenue; +   THENCE southerly along the center line of Beckley Avenue to the projected +northern lot line of Lot 12, Block 50/3170; +   THENCE westerly along the northern lot line of Lot 12, Block 50/3170 and +continuing along the center line of the alley between Jefferson Boulevard and +Center Street continuing and crossing Polk Street to the northeast corner of +Lot 10, Block 188/3247 and continuing along the northern lot lines of Lots 9 +and 10, Block 188/3247 to the center line of the alley between Willomet Street +and Polk Street; +   THENCE northerly along the center line of the alley between Willomet Street +and Polk Street crossing Jefferson Boulevard and continuing along the western +lot line of Lot 9A, Block 189/3248 to the PLACE OF BEGINNING. (Ord. Nos. 21114; +22019) +SEC. 51A-7.1402.   PURPOSE. +   The purpose of this division is to regulate both the construction of new +signs and the alterations of existing signs with a view towards enhancing, +preserving, and developing the unique character of this district. These sign +regulations have been developed with the following objectives in mind: +      (1)   To protect the historical and architectural character of this +district from inappropriate signs in terms of number (clutter), style, color +and materials. +      (2)   To ensure that significant architectural features in this district +or of a building within this district are not obscured. +      (3)   To promote the economic success of each business within this +district and, in turn, the collective success of this district. +      (4)   To ensure that the size and orientation of signs are geared toward +the high number of pedestrians in this district. +      (5)   To enhance the aesthetics of this district. +      (6)   To promote safety, communications efficiency, and landscape quality +and preservation as described in Section +51A-7.101. (Ord. Nos. 21114; 22019) +SEC. 51A-7.1403.   DEFINITIONS. +   (a)   In this division: +      (1)   ARTWORK means any pictorial or image presentation or design. +      (2)   FLAT ATTACHED SIGN means an attached sign projecting from a +building and parallel to the building facade. +      (3)   MARQUEE SIGN means a sign attached to, applied on, or supported by +a permanent canopy projecting over a pedestrian street entrance of a building, +and consisting primarily of changeable panels, words, or characters. +      (4)   PAINTED APPLIED SIGN means a sign painted directly onto the +exterior facade of a building, not including doors or windows. +      (5)   THIS DISTRICT means the Jefferson Boulevard Sign District. +      (6)   WINDOW SIGN means a sign painted or affixed to a window. +   (b)   Except as otherwise provided in this section, the definitions +contained in Sections +51A-2.102 and +51A-7.102 apply to this division. In the event of a conflict, this section +controls. (Ord. Nos. 21114; 22019) +SEC. 51A-7.1404.   SIGN PERMIT REQUIREMENTS. +   (a)   No person may alter, erect, maintain, expand, or remove a sign in this +district without first obtaining a sign permit from the city. This section does +not apply to government signs described in Section +51A-7.207. +   (b)   The procedure for obtaining a sign permit is outlined in Section +51A-7.505. Section +51A-7.602 does not apply to signs in this district. (Ord. Nos. 21114; 22019) +SEC. 51A-7.1405.   GENERAL REQUIREMENTS FOR ALL SIGNS. +   (a)   Signs in right-of-way. Signs in this district are permitted to +overhang the public right-of-way subject to city franchising requirements. +   (b)   Materials. Although not required, painted applied signs and enameled +metal signs are encouraged. +   (c)   Lighting. +      (1)   No sign may be illuminated by an independent, external fluorescent +light source. +      (2)   The only light sources that may be used to illuminate a sign are +cold cathode tube (neon), mercury vapor bulbs, or incandescent bulbs. (Ord. +Nos. 21114; 22019) +SEC. 51A-7.1406.   ATTACHED SIGNS. +   (a)   Attached signs in general. +      (1)   Except for marquee signs and as specified in Paragraphs (2) and +(3), all attached signs must be mounted parallel to the building surface to +which they are attached and may not project more than 18 inches from that +building. +      (2)   One attached sign that projects up to four feet from a vertical +building surface may be erected at a nonresidential occupancy if: +         (A)   the sign does not exceed 20 square feet in effective area; +         (B)   no portion of the sign is lower than 10 feet above grade; and +         (C)   there is no detached sign on the premise. +      (3)   No portion of a sign may be located less than two feet from the +back of a street curb. +      (4)   The use of artwork on signs is encouraged. +      (5)   Signs may not be mounted on or project above roofs. +   (b)   Marquee signs. +      (1)   No premise may have more than one marquee sign. +      (2)   The length of the marquee sign must not exceed two-thirds of the +length of the facade to which it is attached. +      (3)   Marquee signs may incorporate moving patterns or bands of light, +except that the use of illumination to produce apparent motion of a visual +image, such as expanding or contracting shapes, rotation, or similar effects of +animation, is prohibited. +   (c)   Window signs. No window sign may: +      (1)   have a painted or opaque background; or +      (2)   cover more than 25 percent of the window surface area. (Ord. Nos. +21114; 22019; 22392) +SEC. 51A-7.1407.   DETACHED SIGNS. +   (a)   Detached signs may not exceed the height of the tallest building on +the premise or 30 feet, whichever is less. +   (b)   Detached signs may not exceed 150 square feet in effective area. +   (c)   Detached non-premise signs are prohibited in this district. (Ord. Nos. +21114; 22019) +Division 51A-7.1500. Provisions for McKinney Avenue Sign District. +SEC. 51A-7.1501.   DESIGNATION OF SIGN DISTRICT. +   A special provision sign district is hereby created to be known as the +McKinney Avenue Sign District. The McKinney Avenue Sign District is that area +within the following described boundaries: +   BEGINNING at a point on the northwest line of McKinney Avenue, said point +being 166.84 feet southwest of the southwest line of Fairmount Street; +   THENCE in a northwesterly direction along a line, said line being +approximately 142 feet southwest of and parallel to the southwest line of +Fairmount Street, a distance of approximately 482.05 feet to a point for corner +on the common line between City Blocks 949 and 1/949; +   THENCE in a southwesterly direction along said common block line, a distance +of approximately 20.4 feet to a point for corner on the centerline of a 16 feet +wide public alley adjacent to Lots 13 and 15 in City Block 1/949; +   THENCE in a northwesterly direction along the centerline of said alley and +its northwestward prolongation across Mahon Street and continuing along the +centerline of a 16 feet wide public alley in City Block 3/950 and continuing +along the northwestward prolongation of the centerline of said alley, a +distance of approximately 705 feet to a point for corner on the centerline of +Howell Street; +   THENCE in a northeasterly direction along the centerline of Howell Street, a +distance of approximately 400.4 feet to a point for corner on the southeastward +prolongation of the centerline of a 20 feet wide public alley in City Blocks +952 and 953; +   THENCE in a northwesterly direction along said line and continuing along the +centerline of said alley in City Blocks 952 and 953, a distance of +approximately 403 feet to a point for corner on a line, said line being 30 feet +northwest of and parallel to the southeast line of Lot 10 in City Block 952; +   THENCE in a northeasterly direction along said line and its northeastward +prolongation across Routh Street and continuing along the centerline of Laclede +Street, a distance of approximately 1,060 feet to a point for corner on the +centerline of Vine Street; +   THENCE in a northwesterly direction along the centerline of Vine Street, a +distance of approximately 245 feet to a point for corner on the centerline of +Cole Avenue; +   THENCE in a northeasterly direction along the centerline of Cole Avenue, a +distance of approximately 793 feet to a point for corner on a line, said line +being 118.0 feet northeast of and parallel to the northeast line of Sneed +Street; +   THENCE in a southeasterly direction along said line, continuing along the +northeast boundary of Lot 1-A in City Block 17/965, a distance of approximately +156.40 feet to a point for corner on the centerline of a 15 feet wide public +alley in City Block 17/965; +   THENCE in a northeasterly direction along the centerline of said alley, a +distance of approximately 315 feet to a point on the southwest line of Bowen +Street; +   THENCE in a northeasterly direction, continuing along the northeastward +prolongation of the centerline of the 15 feet wide public alley in City Block +17/965, crossing Bowen Street and continuing along the centerline of a 15 feet +wide alley in City Block 12/970 and its northeastward prolongation, crossing +Hall Street, and continuing along the centerline of a 15 feet wide public alley +in City Block 9/972, a total distance of approximately 940 feet to a point for +corner on a line, said line being the southeasterly prolongation of the common +line between Lots 3 and 4 in City Block 9/972; +   THENCE in a northwesterly direction along said line and continuing along +said common line between Lots 3 and 4 and continuing along the northwestward +prolongation of said common lot line, a distance of approximately 202.5 feet to +a point for corner on the centerline of Cole Avenue; +   THENCE in a northeasterly direction along the centerline of Cole Avenue, a +distance of approximately 338 feet to a point for corner on the centerline of +Lemmon Avenue; +   THENCE in a northeasterly direction along a line, said line being 224.7 feet +southeast of and parallel to the southeast line of Cole Avenue, a distance of +approximately 130 feet to a point for corner on a line, said line being the +northwestward prolongation of the common line between Lots 2 and 3 in City +Block 978; +   THENCE in a southeasterly direction along said line, and continuing along +said common line in City Block 978, and continuing along the southeastward +prolongation of said line, crossing McKinney Avenue a total distance of +approximately 360 feet to a point for corner on the centerline of McKinney +Avenue; +   THENCE in a southwesterly direction along said centerline of McKinney +Avenue, a distance of approximately 131 feet to a point at the intersection of +said centerline of McKinney Avenue and the centerline of Lemmon Avenue; +   THENCE in a southeasterly direction along said centerline of Lemmon Avenue, +a distance of approximately 198 feet to a point for corner on a line, said line +being approximately 198 feet southeast of and parallel to said centerline of +McKinney Avenue; +   THENCE in a southwesterly direction along said line, crossing Lemmon Avenue, +and continuing into City Block 11/971, a distance of approximately 474.51 feet +to a point for corner on a line, said line being approximately 146 feet +northeast of and parallel to the northeast line of Hall Street; +   THENCE in a southeasterly direction along said line, a distance of +approximately 295 feet to a point for corner on the centerline of Oak Grove +Avenue; +   THENCE in a southwesterly direction along the centerline of Oak Grove +Avenue, a distance of approximately 1,356 feet to a point for corner on the +centerline of McKinney Avenue; +   THENCE in a southerly direction along the centerline of McKinney Avenue, a +distance of approximately 115 feet to a point for corner on the northwestward +prolongation of the centerline of Clyde Lane; +   THENCE in a southeasterly direction along said line and continuing along the +centerline of Clyde Lane, a distance of approximately 320 feet to a point for +corner on a line, said line being the northeastward prolongation of the common +line between Lots 18 and 19 in City Block B/578; +   THENCE in a southwesterly direction along said line and continuing along +said common line between Lots 18 and 19, a distance of approximately 90 feet to +a point for corner on the southwest line of Lot 18 in City Block B/578; +   THENCE in a southeasterly direction along said lot line, a distance of +approximately 40 feet to a point for corner on the common line between Lots 1 +and 2 in City Block A/578; +   THENCE in a southwesterly direction along said common lot line and its +southwestward prolongation, a distance of approximately 155 feet to a point for +corner on the centerline of Allen Street; +   THENCE in a southeasterly direction along the centerline of Allen Street, a +distance of approximately 100 feet to a point for corner on a line, said line +being perpendicular to the southwest line of Allen Street; +   THENCE in a southwesterly direction along said line, a distance of +approximately 22.5 feet to a point for corner on the southwest line of Allen +Street, said point also being the northernmost corner of Lot 5 in City Block +577; +   THENCE in a southerly direction along the western boundary of said Lot 5 and +continuing in a southeasterly direction along the southwestern boundary of Lots +6 and 7, and continuing along the southeastward prolongation of the +southwestern boundary of said Lot 7, a distance of approximately 277.5 feet to +a point for corner on the centerline of a 15 feet wide public alley adjacent to +City Block A/577; +   THENCE in a southwesterly direction along the centerline of said alley and +its southwestward prolongation, a distance of approximately 190 feet to a point +for corner on the centerline of Worthington Street; +   THENCE in a southeasterly direction along the centerline of Worthington +Street, a distance of approximately 50 feet to a point for corner on a line, +said line being perpendicular to the southwest line of Worthington Street; +   THENCE in a southwesterly direction along said line, a distance of +approximately 24 feet to a point for corner on the southwest line of +Worthington Street, said point also being the most northerly corner of Lot 5- +A in City Block A/561; +   THENCE in a southwesterly direction along the northwest line of said Lot 5- +A, a distance of 158.69 feet to a point for corner; +   THENCE in a southeasterly direction along the southwest line of Lot 5-A in +City Block A/561, a distance of 48.3 feet to a point for corner; +   THENCE South 39°38'00" West along a common property line, a distance of +approximately 172 feet to a point for corner on the centerline of Boll Street; +   THENCE in a southeasterly direction along the centerline of Boll Street, a +distance of approximately 80 feet to a point for corner on a line, said line +being perpendicular to the southwest line of Boll Street; +   THENCE in a southwesterly direction along said line, a distance of +approximately 25 feet to a point for corner on the southwest line of Boll +Street, said point also being the most easterly corner of Lot 4 in City Block +A/554; +   THENCE in a southerly and southwesterly direction along the southeasterly +boundary of Lots 1, 2, 3 and 4 in City Block A/554, and continuing along the +southwestward prolongation of the southeast boundary of Lot 1 in City Block A/ +554, a distance of approximately 355 feet to a point for corner on the +centerline of Routh Street; +   THENCE in a southeasterly direction along the centerline of Routh Street, a +distance of approximately 120 feet to a point for corner on a line, said line +being perpendicular to the southwest line of Routh Street; +   THENCE in a southwesterly direction along said line, a distance of +approximately 25 feet to a point for corner on the southwest line of Routh +Street, said point also being the centerline of a 15 feet wide public alley in +City Block C/549; +   THENCE in a southwesterly direction along the centerline of said alley and +its southwestward prolongation, a distance of approximately 375 feet to a point +for corner on the centerline of Fairmount Street; +   THENCE in a southeasterly direction along the centerline of Fairmount +Street, a distance of approximately 30 feet to a point for corner on a line, +said line being the northeastward prolongation of the centerline of a 20 feet +wide public alley in City Block B/548; +   THENCE in a southwesterly direction along the centerline of said alley and +its southwestward prolongation, a distance of approximately 210 feet to a point +for corner on the centerline of Leonard Street; +   THENCE in a northwesterly direction along the centerline of Leonard Street, +a distance of approximately 120 feet to a point for corner on the centerline of +McKinney Avenue; +   THENCE in a southwesterly direction along the centerline of McKinney Avenue, +a distance of approximately 40 feet to a point for corner on a line, said line +being approximately 142 feet southwest of and parallel to the southwest line of +Fairmount Street; +   THENCE in a northwesterly direction along said line, a distance of +approximately 35 feet to a point on the northwest line of McKinney Avenue, the +PLACE OF BEGINNING. +(Ord. Nos. 21145; 31265) +SEC. 51A-7.1502.   DESIGNATION OF SUBDISTRICTS. +   (a)   This district is hereby divided into three subdistricts, which shall +be known as the Spine, Quadrangle, and Peripheral Subdistricts. +   (b)   The Spine Subdistrict is that area of the city within the following +described boundaries: +      BEGINNING at a point on the northwest line of McKinney Avenue, said point +being 166.84 feet southwest of the southwest line of Fairmount Street; +      THENCE in a northwesterly direction along a line, said line being +approximately 142 feet southwest of and parallel to the southwest line of +Fairmount Street, a distance of approximately 317.05 feet to a point for corner +on a line, said line being approximately 165 feet southeast of and parallel to +the common line between City Blocks 949 and 1/949; +      THENCE in a northeasterly direction along said line, a distance of +approximately 167 feet to a point for corner on the centerline of Fairmount +Street; +      THENCE in a northeasterly direction along a line, said line being the +southwestward prolongation of the centerline of Howland Street and continuing +along the centerline of Howland Street and its northeastward prolongation, a +distance of approximately 458 feet to a point for corner on the centerline of +Routh Street; +      THENCE in a northwesterly direction along the centerline of Routh Street, +a distance of 90 feet to a point for corner on a line, said line being the +southwestward prolongation of the centerline of Howland Street in City Block 3/ +955; +      THENCE in a northeasterly direction along said line and continuing along +the centerline of Howland Street to a point for corner on the centerline of +Boll Street; +      THENCE in a northwesterly direction along the centerline of Boll Street +to a point for corner on a line, said line being 105 feet northwest of and +parallel to the northwest line of Howland Street; +      THENCE in a northeasterly direction along said line to a point for corner +on the common line between Lots 6 and 6A in City Block 2/955; +      THENCE in a northwesterly direction along said common lot line to a point +for corner on the north/south common line between Lots 6 and 6A in City Block +2/955; +      THENCE in a southwesterly direction along said common lot line and its +southwestward prolongation to a point for corner on the centerline of Boll +Street; +      THENCE in a northwesterly direction along the centerline of Boll Street +to a point for corner on the centerline of Howell Street; +      THENCE in a northeasterly direction along the centerline of Howell Street +to a point for corner on the centerline of Worthington Street; +      THENCE in a southeasterly direction along the centerline of Worthington +Street to a point for corner on a line, said line being the southwestward +prolongation of the common line between Lots 1 and 10 in City Block 1/955; +      THENCE in a northeasterly direction along said line, and continuing along +said common lot line, a distance of approximately 195.86 feet to a point for +corner on the south line of Lot 1 in City Block 955; +      THENCE in a westerly direction along the south line of said Lot 1, a +distance of approximately 67 feet to a point for corner on the southeast line +of Howell Street; +      THENCE in a northwesterly direction along a line, said line being +perpendicular to the southeast line of Howell Street, a distance of +approximately 25 feet to a point for corner on the centerline of Howell Street; +      THENCE in a northeasterly direction along the centerline of Howell Street +to a point for corner on the centerline of Vine Street; +      THENCE in a northwesterly direction along the centerline of Vine Street +to a point for corner on the centerline of Cole Avenue; +      THENCE in a northeasterly direction along the centerline of Cole Avenue +to a point for corner on a line, said line being the northwestward prolongation +of the southwest line of Lot 3 in City Block 963; +      THENCE in a southeasterly direction along said line, and continuing along +the southwest line of said Lot 3 to a point for corner on the southeast line of +said Lot 3; +      THENCE in a northeasterly direction along the southeast line of said Lot +3 to a point for corner on the northeast line of said Lot 3; +      THENCE in a northwesterly direction along the northeast line of said Lot +3 and its northwestward prolongation to a point for corner on the centerline of +Cole Avenue; +      THENCE in a northeasterly direction along the centerline of Cole Avenue +to a point for corner on a line, said line being the northwestward prolongation +of the northeast line of Lot 1A in City Block 963; +      THENCE in a southeasterly direction along said line, and continuing along +the northeast line of said Lot 1A to a point for corner on the northwest line +of said Lot 1A; +      THENCE in a northeasterly direction along the northwest line of said Lot +1A and its northeastward prolongation to a point for corner on the centerline +of Allen Street; +      THENCE in a southeasterly direction along the centerline of Allen Street +to a point for corner, said point being approximately 169.5 feet southeast of +the northeastward prolongation of the southeast line of Laclede Street; +      THENCE in a northwesterly direction along a line parallel with the +southwest line of McKinney Avenue, a distance of approximately 495 feet to a +point for corner on the centerline of Sneed Street, with said point being +approximately 122.77 feet southeast of the southeast line of Cole Avenue, said +point also being at the intersection of the southwestward prolongation of the +centerline of a 15-foot-wide public alley in City Block 17/965; +      THENCE in a northeasterly direction along the centerline of said alley, a +distance of approximately 458 feet to a point on the southwest line of Bowen +Street; +      THENCE in a northeasterly direction, continuing along the northeastward +prolongation of the centerline of the 15 foot wide public alley in City Block +17/965, crossing Bowen Street and continuing along the centerline of a 15 foot +wide alley in City Block 12/970 and its northeastward prolongation, crossing +Hall Street, and continuing along the centerline of a 15 foot wide public alley +in City Block 9/972, a total distance of approximately 1,278 feet to a point +for corner on the centerline of Lemmon Avenue; +      THENCE in a northwesterly direction along the centerline of Lemmon +Avenue, a distance of approximately 30 feet to a point for corner on a line, +said line being the southwestward prolongation of the common line between Lots +1 and 2 in City Block 978; +      THENCE in a northeasterly direction along said line and continuing along +the common line between said Lots 1 and 2, a distance of approximately 138 feet +to a point for corner on the common line between Lots 2 and 3 in City Block +978; +      THENCE in a southeasterly direction along said common lot line and +continuing along the southeastward prolongation of said line, crossing McKinney +Avenue a total distance of approximately 200 feet to a point for corner on the +centerline of McKinney Avenue; +      THENCE in a southwesterly direction along said centerline of McKinney +Avenue, a distance of approximately 131 feet to a point at the intersection of +said centerline of McKinney Avenue and the centerline of Lemmon Avenue; +      THENCE in a southeasterly direction along said centerline of Lemmon +Avenue, a distance of approximately 198 feet to a point for corner on a line, +said line being approximately 198 feet southeast of and parallel to said +centerline of McKinney Avenue; +      THENCE in a southwesterly direction along said line, crossing Lemmon +Avenue, and continuing into City Block 11/971, a distance of approximately +474.51 feet to a point for corner on a line, said line being approximately 146 +feet northeast of and parallel to the northeast line of Hall Street; +      THENCE in a southeasterly direction along said line, a distance of +approximately 85 feet to a point for corner on the centerline of Noble Street; +      THENCE in a southwesterly direction along the centerline of Noble Street +and its southwestward prolongation, a distance of approximately 171 feet to a +point for corner on the centerline of Hall Street; +      THENCE in a southeasterly direction along the centerline of Hall Street, +a distance of approximately 205 feet to a point for corner on the centerline of +Oak Grove Avenue; +      THENCE in a southwesterly direction along the centerline of Oak Grove +Avenue, a distance of approximately 1,185 feet to a point for corner on the +centerline of McKinney Avenue; +      THENCE in a southerly direction along the centerline of McKinney Avenue, +a distance of approximately 115 feet to a point for corner on the northwestward +prolongation of the centerline of Clyde Lane; +      THENCE in a southeasterly direction along said line and continuing along +the centerline of Clyde Lane, a distance of approximately 320 feet to a point +for corner on a line, said line being the northeastward prolongation of the +common line between Lots 18 and 19 in City Block B/578; +      THENCE in a southwesterly direction along said line and continuing along +said common line between Lots 18 and 19, a distance of approximately 90 feet to +a point for corner on the southwest line of Lot 18 in City Block B/578; +      THENCE in a southeasterly direction along said lot line, a distance of +approximately 40 feet to a point for corner on the common line between Lots 1 +and 2 in City Block A/578; +      THENCE in a southwesterly direction along said common lot line and its +southwestward prolongation, a distance of approximately 155 feet to a point for +corner on the centerline of Allen Street; +      THENCE in a southeasterly direction along the centerline of Allen Street, +a distance of approximately 100 feet to a point for corner on a line, said line +being perpendicular to the southwest line of Allen Street; +      THENCE in a southwesterly direction along said line, a distance of +approximately 22.5 feet to a point for corner on the southwest line of Allen +Street, said point also being the northernmost corner of Lot 5 in City Block +577; +      THENCE in a southerly direction along the western boundary of said Lot 5 +and continuing in a southeasterly direction along the southwestern boundary of +Lots 6 and 7, and continuing along the southeastward prolongation of the +southwestern boundary of said Lot 7, a distance of approximately 277.5 feet to +a point for corner on the centerline of a 15-foot-wide public alley adjacent to +City Block A/577; +      THENCE in a southwesterly direction along the centerline of said alley +and its southwestward prolongation, a distance of approximately 190 feet to a +point for corner on the centerline of Worthington Street; +      THENCE in a southeasterly direction along the centerline of Worthington +Street, a distance of approximately 50 feet to a point for corner on a line, +said line being perpendicular to the southwest line of Worthington Street; +      THENCE in a southwesterly direction along said line, a distance of +approximately 24 feet to a point for corner on the southwest line of +Worthington Street, said point also being the most northerly corner of Lot 5- +A in City Block A/561; +      THENCE in a southwesterly direction along the northwest line of said Lot +5-A, a distance of 158.69 feet to a point for corner; +      THENCE in a southeasterly direction along the southwest line of Lot 5- +A in City Block A/561, a distance of 48.3 feet to a point for corner; +      THENCE South 39°38'00" West along a common property line, a distance of +172.0 feet to a point for corner on the centerline of Boll Street; +      THENCE in a southeasterly direction along the centerline of Boll Street, +a distance of approximately 80 feet to a point for corner on a line, said line +being perpendicular to the southwest line of Boll Street; +      THENCE in a southwesterly direction along said line, a distance of +approximately 25 feet to a point for corner on the southwest line of Boll +Street, said point also being the most easterly corner of Lot 4 in City Block +A/554; +      THENCE in a southerly and southwesterly direction along the southeasterly +boundary of Lots 1, 2, 3 and 4 in City Block A/554 and continuing along the +southwestward prolongation of the southeast boundary of Lot 1 in City Block A/ +554, a distance of approximately 355 feet to a point for corner on the +centerline of Routh Street; +      THENCE in a southeasterly direction along the centerline of Routh Street, +a distance of approximately 120 feet to a point for corner on a line, said line +being perpendicular to the southwest line of Routh Street; +      THENCE in a southwesterly direction along said line, a distance of +approximately 25 feet to a point for corner on the southwest line of Routh +Street, said point also being the centerline of a 15-foot-wide public alley in +City Block C/549; +      THENCE in a southwesterly direction along the centerline of said alley +and its southwestward prolongation, a distance of approximately 375 feet to a +point for corner on the centerline of Fairmount Street; +      THENCE in a southeasterly direction along the centerline of Fairmount +Street, a distance of approximately 30 feet to a point for corner on a line, +said line being the northeastward prolongation of the centerline of a 20-foot- +wide public alley in City Block B/548; +      THENCE in a southwesterly direction along the centerline of said alley +and its southwestward prolongation, a distance of approximately 210 feet to a +point for corner on the centerline of Leonard Street; +      THENCE in a northwesterly direction along the centerline of Leonard +Street, a distance of approximately 120 feet to a point for corner on the +centerline of McKinney Avenue; +      THENCE in a southwesterly direction along the centerline of McKinney +Avenue, a distance of approximately 40 feet to a point for corner on a line, +said line being approximately 142 feet southwest of and parallel to the +southwest line of Fairmount Street; +      THENCE in a northwesterly direction along said line, a distance of +approximately 35 feet to a point on the northwest line of McKinney Avenue, the +PLACE OF BEGINNING. +   (c)   The Quadrangle Subdistrict is that area of the city within the +following described boundaries: +      Being all of City Block 956 bounded by Laclede Street on the northwest, +Vine Street on the northeast, Howell Street on the southeast, and Routh Street +on the southwest. +   (d)   The Peripheral Subdistrict is that area within the McKinney Avenue +Sign District that is not in either the Spine Subdistrict or the Quadrangle +Subdistrict. (Ord. Nos. 21145; 24132; 31265) +SEC. 51A-7.1503.   PURPOSE. +   The purpose of this division is to regulate both the construction of new +signs and the alterations of existing signs with a view towards enhancing, +preserving, and developing the unique character of this district. These sign +regulations have been developed with the following objectives in mind: +   (a)   To protect the historical and architectural character of this district +from inappropriate signs in terms of number (clutter), style, color, and +materials. +   (b)   To ensure that significant architectural features in this district are +not obscured. +   (c)   To encourage signs that are complimentary to the architectural styles +and historical nature of the buildings and trolley in this district. +   (d)   To ensure that the size and orientation of signs are geared toward the +high number of pedestrians in this district. +   (e)   To attract the public to the goods and services available in the +district by enhancing the aesthetic quality of signs in this district. +   (f)   To encourage artistic, creative, and innovative signs that reflect the +themes of the area. +   (g)   To promote safety, communications efficiency, and landscape quality +and preservation as described in Section +51A-7.101. (Ord. 21145) +SEC. 51A-7.1504.   DEFINITIONS. +   (a)   Unless the context clearly indicates otherwise, in this division: +      (1)   ARCADE means any structure that is attached to a building and +neither fully enclosed on all sides nor structural to the building itself, +which is covered by a roof having the primary function of weather protection +for a walkway. +      (2) �� FLAT ATTACHED SIGN means an attached sign projecting from a +building and parallel to the building facade. +      (3)   HIGHRISE BUILDING means a building that has a height of more than +36 feet. +      (4)   LOWER FACADE means the area of a highrise building facade that is +36 feet or less above grade when measured vertically. +      (5)   LOWRISE BUILDING means a building that has a height of 36 feet or +less. +      (6)   MARQUEE SIGN means a sign attached to, applied on, or supported by +a permanent canopy projecting over a pedestrian street entrance of a building, +and consisting primarily of changeable panels, words, or characters. +      (7)   PAINTED APPLIED SIGN means a sign painted directly onto the +exterior facade of a building, not including doors and windows. +      (8)   PROJECTING ATTACHED SIGN means an attached sign projecting 18 or +more inches from a building. +      (9)   SMALL WORD means a word with no character that exceeds four inches +in height. +      (10)   THIS DISTRICT means the McKinney Avenue Sign District. +      (11)   UPPER FACADE means the area of a highrise building facade that is +more than 36 feet above grade when measured vertically. +      (12)   WINDOW SIGN means a sign painted or affixed to a window. +   (b)   Except as otherwise provided in this section, the definitions +contained in Sections +51A-2.102 and +51A-7.102 apply to this division. In the event of a conflict, this section +controls. (Ord. 21145) +SEC. 51A-7.1505.   SIGN PERMIT REQUIREMENTS. +   The regulations relating to the erection of all signs in this district are +expressly modified as follows: +   (a)   No person may alter, erect, maintain, expand, or remove a sign in this +district without first obtaining a sign permit from the city. This section does +not apply to government signs described in Section +51A-7.207. +   (b)   The procedure for obtaining a sign permit is outlined in Section +51A-7.505. Section +51A-7.602 does not apply to signs in this district. (Ord. 21145) +SEC. 51A-7.1506.   SPECIAL PROVISIONS FOR ALL SIGNS. +   The regulations relating to the erection of all signs in this district are +expressly modified as follows: +   (a)   Signs in right-of-way. Signs in this district are permitted to +overhang the public right-of-way subject to city franchising requirements. +   (b)   Materials. +      (1)   The use of plastic is prohibited, except when it is: +         (A)   used as a decoration (as opposed to a character) on the exterior +face of a sign, in which case no more than five percent of the effective area +of the sign may consist of plastic; +         (B)   placed behind the exterior face of a sign in places where that +face has been cut in the shape of a character; or +         (C)   used in or on a marquee sign. +      (2)   Although not required, painted applied signs and enameled metal +sheet signs are encouraged. +   (c)   Lighting. +      (1)   The only light sources that may be used to illuminate a sign are +cold cathode, neon, and incandescent lamps. +      (2)   A light source external to a sign may illuminate a sign if the +light does not cross into either a public right-of-way or a residential zoning +district. +      (3)   Illuminated signs on translucent fabric are encouraged. +      (4)   No light used to illuminate a sign may turn on or off, or change +its brightness more than twice a day. +   (d)   Colors. Fluorescent and neon colors on signs are prohibited. (Ord. +21145) +SEC. 51A-7.1507.   SPECIAL PROVISIONS FOR ATTACHED SIGNS. +   The regulations relating to the erection of attached signs in this district +are expressly modified as follows: +   (a)   Location restrictions. +      (1)   No attached sign may be erected on a facade unless it faces a +public right-of-way that is adjacent to the lot where the sign is proposed to +be located. +      (2)   No small words may be on an attached sign erected partially or +totally within an upper facade in either the Spine or Quadrangle Subdistricts. +      (3)   In the Peripheral Subdistrict, no attached sign may be erected on: +         (A)   an upper facade; or +         (B)   a lot where a detached sign is erected. +   (b)   Effective area. +      (1)   Spine and Quadrangle Subdistricts. In the Spine and Quadrangle +Subdistricts, the combined effective area of all attached signs: +         (A)   on a lowrise building or a lower facade may not exceed ten +percent of the total area of the building facade or the lower facade, as the +case may be; and +         (B)   on an upper facade may not exceed five percent of the total area +of the lower facade. +      (2)   Peripheral Subdistrict. In the Peripheral Subdistrict, the combined +effective area of all attached signs on a lowrise building or a lower facade +may not exceed eight percent of the total area of the building facade or the +lower facade, as the case may be. +   (c)   Flat attached signs. +      (1)   No flat attached sign may project more than eight inches from a +building. +      (2)   A flat attached sign may be erected on an arcade, but it may not +project above the roof of the attached building. +   (d)   Projecting attached signs. +      (1)   A projecting attached sign may be erected on an arcade, but it may +not project above the roof of the attached building. +      (2)   No projecting attached sign may be erected partially or totally +within an upper facade. +      (3)   No face of a projecting attached sign erected below the bottom of a +second story window may exceed eight square feet. +      (4)   No face of a projecting attached sign erected above the bottom of a +second story window may exceed 15 square feet. +   (e)   Marquee signs. +      (1)   No marquee sign may: +         (A)   exceed 100 square feet in effective area; +         (B)   be longer than one-half of the length of the frontage of the +building to which the marquee is attached; and +         (C)   be located above the bottom of a second story window. +      (2)   A marquee sign must: +         (A)   be parallel to the surface to which it is attached; and +         (B)   have a height dimension between two and six feet. +      (3)   No premise may have more than one marquee sign. +      (4)   A marquee sign may be erected only on a building that contains a +theater use. +      (5)   A marquee sign may consist of up to 100 percent plastic. +   (f)   Window signs. +      (1)   Except as modified by Paragraph (2), the effective area of a window +sign may not exceed more than 25 percent of the area of a window or 10 percent +of the facade area, whichever is less. +      (2)   If a window sign uses neon bulbs, the effective area of that sign +may not exceed more than 15 percent of the area of a window. +      (3)   No window sign may be erected on an upper facade. (Ord. 21145) +SEC. 51A-7.1508.   SPECIAL PROVISIONS FOR DETACHED SIGNS. +   The regulations relating to the erection of detached signs in this district +are expressly modified as follows: +   (a)   No detached sign may: +      (1)   exceed 20 feet in height; or +      (2)   be located within five feet of any public right-of-way. +   (b)   If a detached sign has an effective area of more than 10 square feet, +it must be located at least 10 feet from any public right-of-way. +   (c)   No detached sign may have an effective area of more than: +      (1)   150 square feet if the sign is located in the Quadrangle +Subdistrict; +      (2)   20 square feet if the sign is located in the Spine Subdistrict; and +      (3)   15 square feet if the sign is located in the Peripheral +Subdistrict. +   (d)   In the Peripheral Subdistrict, no detached sign may be erected on a +lot where an attached sign is erected. +   (e)   Detached non-premise signs are prohibited in this district. (Ord. +21145) +Division 51A-7.1600. Farmers Market Sign District. +SEC. 51A-7.1601.   DESIGNATION OF SIGN DISTRICT. +   A special provision sign district is hereby created to be known as the +Farmers Market Sign District. The boundaries of the Farmers Market Sign +District are the same as those of the Farmers Market Special Purpose District +(Planned Development District No. 357). (Ord. Nos. 22097; 29233) +SEC. 51A-7.1601.1.   DESIGNATION OF SIGN SUBDISTRICTS. +   (a)   Camden Sign Subdistrict. The Camden Sign Subdistrict is that area of +the Farmers Market Sign District within the following described boundaries: +      TRACT 1: +      BEING all of Lot 2B in City Block 40/164. +      TRACT 2: +      BEING all of Lot 1A in City Block 7/153. +      TRACT 3: +      BEING a tract of land situated in the John Grigsby Survey, Abstract No. +495, in the City of Dallas, Dallas County, Texas and being a portion of Blocks +142, 5/155/4/156, 36/168 and 37/167, a portion of a 200-foot-wide H. & T.C. +Railroad right-of-way, a portion of a 150-foot-wide T. & N.O. Railroad spur +right-of-way, all as dedicated on the Final Plat of Railroad Addition, an +Addition to the City of Dallas according to the Map or Plat thereof recorded in +Volume 4 at Page 350 of the Map Records of Dallas County, Texas, a portion of a +20- foot-wide alley situated in Block 4/156 abandoned in Ordinance No. 8234, a +portion of St. Louis Street, Paris Street and a w-foot wide alley abandoned in +Ordinance No. 11472, a portion of St. Louis Street and 20-foot-wide alleys +situated in Blocks 36/168 and 37/167 abandoned Ordinance No. 1570 and a portion +of Central Expressway as abandoned on Ordinance No. 23588, same being a portion +of Tract “O” conveyed to Camden Property Trust as evidence by a Special +Warranty Deed recorded in Volume 98040 at Page 02379 of the Deed Records of +Dallas County, Texas (D.R.D.C.T.) and being more particularly described by +metes and bounds as follows (bearing based on the southwest right-of-way line +of Good-Latimer Expressway as described in Ordinance No. 21092, recorded in +Volume 91249 at Page 4100 D.R.D.C.T., said bearing being North 36°50'46" West): +      BEGINNING at a nail found for the east corner of aforesaid Tract “O,” +same being the north corner of a tract of land conveyed to Graybar Electric, +Inc., as evidenced in a deed recorded in Volume 3502 at Page 282 D.R.D.C.T., +said nail also being on the southwest right-of-way line of Good-Latimer +Expressway (a variable width right-of-way); +      THENCE in a southwesterly direction, departing the southwest right-of-way +line of said Good-Latimer Expressway and along the southwest line of said Tract +“O,” the following: +      South 53°05'14" West, a distance of 219.11 feet to the point of curvature +of a corner to the left; +      Along the arc of said curve to the left, through a central angle of +28°50'05", having a radius of 219.64 feet and an arc length of 111.05 feet to a +1/2-inch rod found for the end of said curve; +      South 36°29'26" East, a distance of 29.78 feet to a 1/2- inch rod found +for corner; +      South 53°10'39" West, a distance of 424.89 feet to a corner; +      South 36°45'09" East, a distance of 93.67 feet to a corner; +      South 52°02'59" West, a distance of 350.00 feet to the south corner of +said Tract “O,” same being on the northeast right-of-way line of Cesar Chavez +Boulevard (formerly Central Expressway) (a variable width right-of-way); +      THENCE in a northwesterly direction, along the southwest line of said +Tract “O” and the northeast right-of-way line of said Cesar Chavez Boulevard +(formerly Central Expressway), the following: +      North 27°01'56" West, a distance of 201.55 feet to a chiseled cross found +for the point of curvature of a curve to the left; +      Along the arc of said curve to the left, through a central angle of +68°13'29", having a radius of 67.00 feet and an arc length of 79.78 feet to the +chiseled cross found for the end of said curve; +      North 24°20'27" West, a distance of 145.68 feet to a chiseled cross found +for the point of curvature of a curve to the left; +      Along the arc of said curve through a central angle of 06°14'28", having +a radius of 424.70 feet and an arc length of 46.26 feet to a chiseled cross +found for the end of said curve; +      North 53°21'43" East, a distance of 93.54 feet to a 1/2- inch iron rod +found for the point of curvature of a non-tangent curve to the left; +      Along the arc of said curve to the left, through a central angle of +06°50'22", having a radius of 1071.00 feet, a chord bearing of North 82°15'38" +West, a chord distance of 127.77 feet and an arc length of 127.85 feet to a +chiseled cross found for the end of said curve, same being the south corner of +a portion of Cesar Chavez Boulevard (formerly Central Expressway) as abandoned +by aforesaid Ordinance No. 23588, recorded in Volume 98187 at Page 061815 +D.R.D.C.T.; +      THENCE North 36°50'27" West, along the southwest line of said +abandonment, and along the current northwest right-of-way line of said Cesar +Chavez Boulevard (formerly Central Expressway), a distance of 123.76 feet to +the intersection of the northeast right-of-way line of said Cesar Chavez +Boulevard (formerly Central Expressway) with the curving southeast right-of-way +line of Marilla Street (a variable width right-of-way at this point) as +described in a deed recorded in Volume 98183 at Page 05868 D.R.D.C.T., said +curve being a curve to the right; +      THENCE in a northeasterly direction, along the southeast right-of-way +line of said Marilla Street, the following: +      Along the arc of said curve to the right, through a central angle of +89°59'41", having a radius of 15.00 feet and an arc length of 23.56 feet to the +point of tangency of said curve (Marilla Street being 58-foot-wide at this +point); +      North 53°09'14" East, a distance of 434.59 feet to the intersection of +the southeast right of-way line of said Marilla Street with the southwest +right-of-way line of Farmers Market Way (a 58-foot-wide right-of-way); +      THENCE South 36°50'46" East, along the southwest right-of-way line of +said Farmers Market Way, a distance of 127.50 feet to the intersection of the +southwest right-of-way line of said Farmers Market Way with the southeast +right-of-way line of Taylor Street (a 58-foot-wide right-of-way); +      THENCE North 53°09'14" East, along the southeast right-of-way line of +said Taylor Street, a distance of 491.01 feet to the point of curvature of a +curve to the right; +      THENCE in a easterly direction, continuing along the southeast right-of- +way line of said Taylor Street and along the arc of said curve to the right, +through a central angle of 90°00'00", having a radius of 15.00 feet and an arc +length of 23.56 feet to the point of tangency of said curve, same being on the +northeast line of said Tract "O," said corner also being the intersection of +the southeast right-of-way line of said Taylor Street with the southwest right- +of-way line of aforesaid Good-Latimer Expressway; +      THENCE South 39°14'11" East, along the northeast line of said Tract "O" +and the southwest right-of-way line of said Good-Latimer Expressway, a distance +of 411.92 feet to the POINT OF BEGINNING and containing 11.534 acres of land, +more or less. +   (b)   Market Center Sign Subdistrict. The Market Center Sign Subdistrict is +that area of the Farmers Market Sign District within the following described +boundaries: +      BEGINNING at the south corner of a corner clip in the northeast line of +Harwood Street and the southwest line of City Block 131; +      THENCE North 08°36'06" East, along said corner clip, a distance of 40.00 +feet to a point for corner in the south line of said Marilla Street, said point +being the north corner of said corner clip; +      THENCE along the south line of Marilla Street the following calls; +      North 74°47'11" East, a distance of 142.30 feet to a point for corner; +      South 45°01'41" East, a distance of 1.11 feet to a point for corner; +      North 78°16'02" East, a distance of 192.25 feet to a point for corner; +      North 77°52'42" East, a distance of 87.67 feet to a point for corner; +      North 74°22'09" East, a distance of 373.33 feet to a point for corner, in +the southwest line of South Cesar Chavez Boulevard (a variable width right-of- +way); +      THENCE South 36°00'00" East, along the southwest line of said Cesar +Chavez Boulevard, a distance of 601.81 feet to a point for corner; +      THENCE South 32°25'25" East, a distance of 80.16 feet to a point for +corner; +      THENCE South 10°11'11" East, a distance of 220.32 feet to a point for +corner in the south line of Gibson Street, abandoned by Ordinance; +      THENCE South 45°34'13" West, along the south line of said abandoned +Gibson Street, a distance of 89.59 feet to a point for corner; +      THENCE South 71°04'56" West, a distance of 431.66 feet to a point for +corner in the northeast line of aforementioned Harwood Street; +      THENCE North 45°02'47" West, along the northeast line of said Harwood +Street, a distance of 733.28 feet to a point for corner; +      THENCE North 45°01'41" West, continuing along the northeast line of said +Harwood Street, a distance of 313.77 feet to the POINT OF BEGINNING and +containing 15.03 acres or 654,661 square feet of land, more or less. (Ord. Nos. +24424; 29233; 29557) +SEC. 51A-7.1602.   PURPOSE. +   The purpose of this division is to promote signage that is compatible with +the architectural character and design guidelines of the Farmers Market Planned +Development District while encouraging artistic, creative, and innovative signs +that are reflective of themes that have grown and developed in Farmers Market +area. (Ord. Nos. 22097; 29233) +SEC. 51A-7.1603.   DEFINITIONS. +   (a)   In this division: +      (1)   ARTWORK means any pictorial or image presentation or design. +      (2)   BANNER means a sign attached to or applied on a strip of cloth. +      (3)   CANOPY SIGN means a sign attached to or applied on a canopy or +awning. +      (4)   DISTRICT IDENTIFICATION SIGN means an attached or detached sign +identifying the Farmers Market. +      (5)   FLAT ATTACHED SIGN means an attached sign projecting 18 inches or +less from a building and parallel to the building facade. +      (6)   KIOSK means a detached multi-sided structure for the display of +premise and non-premise signs. +      (7)   MARQUEE SIGN means a sign attached to, applied on, or supported by +a permanent canopy projecting over a pedestrian street entrance of a building, +and consisting primarily of changeable panels or words. +      (8)   MONUMENT SIGN means a detached premise sign applied directly onto a +grade-level support structure (instead of a pole support) with no separation +between the sign and the ground, or mounted on a fence or masonry wall. +      (9)   PROJECTING ATTACHED SIGN means an attached sign projecting 18 or +more inches from a building. +      (10)   ROOF SIGN means a sign that is attached to or supported by the +roof of a building constructed after December 11, 2013. +      (11)   SUPERGRAPHIC SIGN means a large attached premise or non-premise +sign on a mesh or fabric surface, or a projection of light image onto a wall +face without the use of lasers. +      (12)   THIS DISTRICT means the Farmers Market Sign District. +      (13)   VIDEOBOARD SIGN means a flat screen that is capable of displaying +moving images similar to television images, by light-emitting diode or other +similar technology and that is mounted to the exterior of a building. +      (14)   WINDOW SIGN means a sign painted or affixed onto a window. +   (b)   Except as otherwise provided in this section, the definitions in +Sections +51A-2.102 and +51A-7.102 apply to this division. If there is a conflict, this section +controls. (Ord. Nos. 22097; 29233) +SEC. 51A-7.1604.   SIGN PERMIT REQUIREMENTS. +   (a)   No person may alter, place, maintain, expand, or remove a sign in this +district without first obtaining a sign permit from the city. This section does +not apply to government signs described in Section +51A-7.207. +   (b)   Except as otherwise provided in this division, the procedure for +obtaining a sign permit is outlined in Section +51A-7.505. +   (c)   Section +51A-7.602 does not apply to signs in this district. (Ord. Nos. 22097; 29233) +SEC. 51A-7.1605   SPECIAL PROVISIONS FOR ALL SIGNS. +   (a)   Signs may be located within the right-of-way subject to the licensing +requirements of Chapter XIV of the City Charter, +Article VI of +Chapter 43 of the Dallas City Code, the Dallas Building Code, and all other +applicable laws, codes, ordinances, rules, and regulation. +   (b)   Except as otherwise provided in Subsection (c), the maximum effective +area of all signs combined on a premise is 10 percent of the total area of all +building facades facing public right-of-way that is adjacent to the premise. +   (c)   When more than 50 percent of the total effective area of all signs +combined on a premise is devoted to artwork, the maximum effective area of all +signs combined on a premise is 15 percent of the total area of all building +facades facing public right-of-way that is adjacent to the premise. +   (d)   All signs must be premise signs or convey a noncommercial message. +   (e)   Special purpose signs may be erected on a premise no more than once +each calendar year. The maximum number of consecutive days that a special +purpose sign may be maintained is 15. +   (f)   The use of neon or single incandescent bulbs is permitted. +   (g)   No portions of a sign other than the words themselves may be +illuminated by back-lighting. +   (h)   No portion of a sign may have a luminance greater than 200 +footlamberts. +   (i)   The following materials are suggested, but not required, for signs in +this district: +      (1)   Metal. +      (2)   Glass. +      (3)   Wood. (Ord. Nos. 22097; 29233) +SEC. 51A-7.1606.   SPECIAL PROVISIONS FOR ATTACHED SIGNS. +   (a)   In general. The regulations relating to the erection of attached signs +in this district are expressly modified as follows: +   (b)   Attached signs in general. +      (1)    No portion of an attached sign may be located: +         (A)   more than 10 feet from the facade to which it is attached; or +         (B)   less than two feet from the back of a street curb. +      (2)   Although not required, the use of three-dimensional projecting +attached signs is encouraged. +   (c)   Banners. +      (1)   Banners are permitted in this district to promote cultural events +or activities. +      (2)   If the cultural event or activity has a sponsor, no more than 10 +percent of the effective area of the banner may be used for sponsor +identification. +      (3)   No portion of a banner may be used to advertise a specific product +or service other than the cultural event or activity. +   (d)   Canopy signs. Canopy signs must be flat-attached or painted directly +onto the surface of the canopy. +   (e)   Marquee signs. +      (1)   No premise may have more than one marquee sign. +      (2)   The length of a marquee sign must not exceed two-thirds of the +length of the facade to which it is attached. +      (3)   Marquee signs may incorporate moving patterns or bands of light, +except that the use of illumination to produce apparent motion of a visual +image, such as expanding or contracting shapes, rotation, or similar effects of +animation, is prohibited. +   (f)   Window sign. No window sign may cover more than 25 percent of the +window surface area. +   (g)    Camden Sign Subdistrict. +      (1)   No more than four attached signs are permitted in this subdistrict. +      (2)   No attached sign may exceed 50 square feet in effective area. +      (3)   Each attached sign may contain a maximum of eight words, except +that words consisting of characters less than four inches in height may be used +without limit. +      (4)   No more than two signs may be attached to any one facade. +   (h)   Attached movement control signs in the Camden Sign Subdistrict. +      (1)   No more than four attached movement control signs are permitted in +this subdistrict. +      (2)   No attached movement control sign may exceed four square feet in +effective area. +      (3)   No attached movement control sign may identify the name or logo of +more than one occupant of the premise. (Ord. Nos. 22097; 24424; 29233) +SEC. 51A-7.1607   SPECIAL PROVISIONS FOR DETACHED SIGNS. +   (a)   In general. The regulations relating to the erection of detached signs +in this district are hereby expressly modified as follows: +      (1)   Except as otherwise provided in this section, no premise having an +attached sign of any type, except for banners, may have a detached sign. +      (2)   A premise that has no attached signs other than banners, and that +has frontage along more than one street, may have one detached sign along each +street frontage. +      (3)   No detached sign support may be located in the public right-of-way. +   (b)   Detached signs in the Camden Sign Subdistrict. +      (1)   No more than four detached signs are permitted in this subdistrict. +      (2)   Each detached sign must be: +         (A)   an integral part of the fence or wall; and +         (B)   constructed of masonry, stone, or similar material with metal +letters and symbols. +      (3)   No minimum setback is required for each detached sign, except that +each detached sign must comply with all visibility obstruction regulations. +      (4)   No detached sign may exceed 30 square feet in effective area. +      (5)   No detached sign may be closer than 200 feet from another detached +premise sign on the same premise. +      (6)   A detached sign may be located on a premise that has an attached +sign. +   (c)   Detached movement control signs in the Camden Sign Subdistrict. +      (1)    No more than two detached movement control signs may be erected in +this subdistrict. +      (2)   No detached movement control sign may exceed seven square feet in +effective area. +      (3)    No detached movement control sign may exceed four feet in height. +      (4)   A detached movement control sign must have a minimum setback of +four feet. +      (5)   No detached movement control sign may identify the name or logo of +more than one occupant of the premise. +      (6)   A detached movement control sign may be located within a visibility +triangle, as defined in Section +51A-4.602(d), if the director finds that the sign will not pose a traffic +hazard. (Ord. Nos. 22097; 24424; 25047; 28073; 29233) +SEC. 51A-7.1608.   SPECIAL PROVISIONS FOR THE MARKET CENTER SIGN SUBDISTRICT. +   (a)   In general. +      (1)   Except as otherwise provided in this section, the regulations in +Sections +51A-7.1601 through +51A-7.1607 apply to the Market Center Sign Subdistrict. If there is a conflict +between this section and Sections +51A-7.1601 through +51A-7.1607, this section controls. +      (2)   Permit applications are reviewed using the director procedure in +Section +51A-7.505. +      (3)   Signs may be located within the right-of-way subject to the +licensing requirements of Chapter XIV of the City Charter, +Article VI of +Chapter 43 of the Dallas City Code, the Dallas Building Code, and all other +applicable laws, codes, ordinances, rules, and regulation. +   (b)   Special provisions for attached signs. +      (1)   Except district identification, roof, supergraphic, and videoboard +signs, all attached signs must be premise signs. +      (2)   Attached signs may cover up to 50 percent of a building’s total +facade area. +      (3)   Attached signs may not cover doors or windows. +   (c)   Special provisions for detached signs. +      (1)   Except detached movement control signs, district identification, +and kiosk signs, all detached signs must be monument premise signs. +      (2)   Detached signs may be located on a premise with attached signs. +      (3)   A detached movement control sign is not a monument sign. +   (d)   District identification signs. +      (1)   A maximum of five district identification signs are permitted. +      (2)   Except as otherwise provided in this paragraph, district +identification signs may only be located over and span across the rights-of-way +at the following locations: +         (A)   Marilla Street and Pearl Street; +         (B)   Taylor Street and Cesar Chavez Boulevard; +         (C)   Taylor Street and Harwood Street; and +         (D)   Cesar Chavez Boulevard and Farmers Way. +      (3)   Minimum clearance for a district identification sign located over +and spanning across a right-of-way must be determined by the director of the +department of transportation before a district identification sign permit may +be issued. +      (4)   A district identification sign that is located over and spanning +across a right-of-way may not resemble or obstruct any traffic control devices. +     ��(5)   One district identification sign may be located on top of a +building at the southeast corner of Farmers Way and Pearl Street. Maximum +height of the district identification sign on top of a building at the +southeast corner of Farmers Way and Pearl Street is 30 feet. +      (6)   Maximum effective area of a district identification sign is 1,000 +square feet. +      (7)   A district identification sign may not be located in or visually +obstruct a visibility triangle as defined in the visual obstructions +regulations in Section +51A-4.602(d). +   (e)   Kiosks. +      (1)   A maximum of 10 kiosks are permitted. +      (2)   Except city kiosks, kiosks may not be located in the rights-of-way. +      (3)   Kiosks must be spaced at least 50 feet from another kiosk. +      (4)   Kiosks may not be illuminated by a detached independent external +light source. +      (5)   Kiosks may not exceed 10 feet in height and 100 square feet in +effective area. +   (f)   Monument signs. +      (1)   A maximum of five monument signs are permitted. +      (2)   Maximum effective area of a monument sign is 50 square feet. +      (3)   Maximum height of a monument sign is 15 feet. +      (4)   No monument sign may be closer than 200 feet from another monument +sign on the same premise. +   (g)   Roof signs. +      (1)    A maximum of two roof signs are permitted. +      (2)   A roof sign may not be located on the same building as another roof +sign. +      (3)   A roof sign may not exceed 1,200 square feet in effective area. +      (4)    At least 15 percent of the effective area of a roof sign must +identify the Farmers Market. +      (5)   A roof sign must comply with the Dallas Fire Code and must be +approved by the fire marshal before a sign permit may be approved by the +director. +   (h)   Supergraphic signs. +      (1)   In general. +         (A)   Two supergraphic signs are permitted in addition to the number +of supergraphic signs permitted in Section +51A-7.930. +         (B)   Supergraphic signs may be located on the facade of any building. +      (2)    Visual display and coverage. +         (A)   Except as provided in this subparagraph, a supergraphic sign +must have one large visual display with a minimum of 80 percent non-textual +graphic content (no more than 20 percent text). +            (i)    Multiple displays giving an appearance of multiple signs are +prohibited. +            (ii)   The effective area of text is the sum of the areas within +minimum imaginary rectangles of vertical and horizontal lines, each of which +fully contains a word. +         (B)   Supergraphic signs are intended to be creative and artful and +not strictly a representation of an advertised product. It is the intent of +this provision to: +            (i)   encourage the use of illustrative images or other non- +repetitive design elements; +            (ii)    encourage visually interesting, vibrant, and colorful +designs; +            (iii)   discourage use of solid colors or repetitive design +elements; and +            (iv)   discourage an image of a single product or product logo +without other graphic elements. +         (C)   Supergraphic signs may be internally or externally illuminated. +If internally illuminated, a supergraphic sign may consist of translucent +materials, but not transparent materials. +      (3)   Extensions. +         (A)   Except as otherwise provided in Subparagraph (B), a supergraphic +sign may not extend beyond the edge of the face of the building to which it is +attached. +         (B)   A supergraphic sign may wrap around the edge of a building if: +            (i)   both building facades to which the supergraphic sign is +attached are otherwise eligible facades; and +            (ii)   the supergraphic sign is one continuous image. +      (4)   Message duration. A supergraphic sign location may not display the +same message for more than four consecutive months in any 12-month period. +      (5)   Hardware fasteners. All hardware fasteners for a supergraphic sign +must comply with the Dallas Building Code and all other ordinances, rules, and +regulations of the City of Dallas. +      (6)   HBA signs prohibited. No supergraphic sign may be a Highway +Beautification Act (HBA) sign as defined in Section +51A-7.102. +   (i)   Videoboard signs. +      (1)   In general. +         (A)   A maximum of two videoboard signs are permitted. +         (B)   Videoboard signs must have a vertical orientation with height +exceeding the width at a minimum 16:9 height-to-width ratio. +         (C)   Videoboard signs may project a maximum of 12 feet into the +right-of-way: +            (i)   subject to review by the traffic engineer to ensure that the +sign will not pose a traffic hazard or visibility obstruction; and +            (ii)   provided that no videoboard sign may be project closer than +two feet to a vertical plane extending through the back of a street curb. +         (D)   Videoboard signs must have a minimum clearance of 15 feet above +the sidewalk and a maximum clearance of 35 feet above the sidewalk. +         (E)   Videoboard signs must have videoboard displays on both sides of +the sign. +         (F)    Videoboard signs may have a maximum 150 square feet in +effective area. +      (2)    Display. +         (A)   All videoboard signs must: +            (i)   contain a default mechanism that freezes the image in one +position in case of a malfunction; +            (ii)    automatically adjust the sign brightness based on natural +ambient light conditions in compliance with the following formula: +               (aa)   the ambient light level measured in luxes, divided by 256 +and then rounded down to the nearest whole number, equals the dimming level; +then, +               (bb)   the dimming level, multiplied by .0039 equals the +brightness level; then, +               (cc)    the brightness level, multiplied by the maximum +brightness of the specific sign measured in nits, equals the allowed sign +brightness, measured in nits. For example: +                  32768   =    ambient light in luxes +               ÷    256 +                   128    =    dimming level +               x    0039 +                  . 4992    =    brightness level +               x     9000    =    (maximum brightness of the example sign) +                  4492.8   =    allowed brightness in nits; +               (dd)   be turned off between 1:00 a.m. and 7:00 a.m. Monday +through Friday and 2:00 a.m. and 8:00 a.m. on Saturday and Sunday; and +               (ee)   not display light of such intensity or brilliance to +cause glare, impair the vision of an ordinary driver, or constitute a nuisance. +         (B)   Videoboard signs must: +            (i)    have a full color display able to display a minimum of 281 +trillion color shades; and +            (ii)    be able to display a high quality image with a minimum +resolution equivalent to the following table: +  +Videoboard Sign Resolution Chart +100 s/f to 125 s/f 16 mm +Greater than 126 s/f 19 mm +  +      (3)   Light intensity. Before the issuance of a videoboard sign permit, +the applicant shall provide written certification from the sign manufacturer +that the light intensity: +         (A)   has been factory programmed to comply with the maximum +brightness and dimming standards in Provision (j)(2)(A)(ii)(cc); and +         (B)   is protected from end-user manipulation by password-protected +software, or other method satisfactory to the building official. +      (4)   Change of message. Except as provided in this paragraph, changes of +message must comply with the following: +         (A)   Each message must be displayed for a minimum of eight seconds. +         (B)   Changes of message must be accomplished within two seconds. +         (C)   Changes of message must occur simultaneously on the entire sign +face. +         (D)   No flashing, dimming, or brightening of message is permitted +except to accommodate changes of message. +      (5)   Streaming information. If a special events permit has been issued +for subdistrict activities, streaming video and audio is permitted, except that +ticker tape streaming is permitted at all times when the videoboard sign is +operating. Ticker tape streaming must be located within the bottom 10 percent +of the effective area. +      (6)   Malfunction. Videoboard sign operators must respond to a +malfunction or safety issue within one hour after notification. +   (j)   Detached movement control signs in the Market Center Sign Subdistrict. +      (1)   A maximum of five detached movement control signs may be erected in +this subdistrict. +      (2)   No minimum distance is required between a detached movement control +sign and any other sign in this subdistrict. +      (3)   Maximum effective area is 24 square feet on each sign face. +      (4)   Each face of a detached movement control sign may have a maximum of +six panels and a minimum of three panels. +      (5)   Maximum height is eight feet. Maximum width is three and a half +feet. +      (6)   No maximum letter size. +      (7)   Maximum number of words on a panel is five. +      (8)   A detached movement control sign may identify businesses and uses +within this subdistrict and may include district identification. +      (9)   Minimum clearance for pedestrian access on the sidewalk must be +determined by the director before a detached movement control sign permit may +be issued. (Ord. Nos. 29233; 29557; 30802) +Division +51A-7.1700. Provisions for Victory Sign District. +SEC. 51A-7.1701.   DESIGNATION OF VICTORY SIGN DISTRICT. +   (a)   A special provision sign district is hereby created to be known as the +Victory Sign District. +   (b)   Any portion of this district that was formerly part of the Downtown +Special Provision Sign District is no longer considered to be part of that +district. This division completely supersedes Division +51A-7.900 with respect to the property within this district. +   (c)   This district is that area of the city within the boundaries described +in Exhibit A attached to Ordinance No. 30043, passed by the Dallas City Council +on March 23, 2016. (Ord. Nos. 24348; 25918; 30043) +SEC. 51A-7.1702.   DESIGNATION OF SUBDISTRICTS. +   (a)   This district is hereby divided into four subdistricts: Subdistricts +A, B, C, and D. Subdistrict B has three subareas, B-1, B-2, and B-3. +Subdistrict C has two tracts and one subarea, C-1. Subdistrict D has two +subareas, D-1 and D-2. +   (b)   The subdistrict boundaries are described in Exhibit A attached to +Ordinance No. 31410, passed by the Dallas City Council on December 11, 2019. +(Ord. Nos. 24348; 25918; 30043; 31410) +SEC. 51A-7.1703.   PURPOSE. +   (a)   The purpose of these sign regulations is to encourage and regulate the +erection and display of signs that will create a unique, lively, and +commercially-active environment that is bright and safe, and that incorporates +diverse, state-of-the-art graphic technologies. +   (b)   These sign regulations have been developed to achieve the following +objectives in this district: +      (1)   To create an atmosphere of vitality appropriate for a place where +thousands of citizens gather for entertainment and celebration. +      (2)   To encourage the use of signs that are innovative, colorful, and +entertaining, and that bring a distinctive character to this district. +      (3)   To identify and promote special events and cultural activities that +will occur in this district. +      (4)   To encourage signs with a style, orientation, and location that +take into consideration the high number of pedestrians expected within this +district. +      (5)   To communicate clear directions to and through this district. +      (6)   To promote the economic success of businesses in this district. +(Ord. Nos. 24348; 25918) +SEC. 51A-7.1704.   DEFINITIONS. +   (a)   In this division: +      (1)   ADVERTISE means to attract, or to attempt to attract, the attention +of any person to any business, accommodations, goods, services, property, or +commercial activity. +      (2)   ATTACHED SIGN means any sign attached to, applied on, or supported +by, any part of a building (such as a wall, parapet, roof, window, canopy, +awning, arcade, or marquee) that encloses or covers usable space, and any sign +attached to, applied on, or supported by, mounted antennas, water reservoirs on +buildings, chimneys, and visual screens that surround roof-mounted equipment. +For the following signs, the term attached sign also means any sign attached +to, applied on, or supported by the exterior structural framing of a building +or architectural elements of a building, whether or not the exterior structural +framing or architectural elements enclose or cover usable space: +         (A)   Signs on buildings adjacent to an entertainment complex plaza. +         (B)   A hotel spectacular sign as described in Section +51A-7.1727(d). +      (3)   AWNING SIGN means a sign that is attached to or applied or painted +on an awning. +      (4)   BANNER means a sign attached to or applied on a strip of cloth, +vinyl, or similar material and attached to a building or structure. Canopy +signs and flags are not banners. +      (5)   BLOCK means an area bounded by streets on all sides. +      (6)   BLOCKFACE means all of the premises on one side of a block. +      (7)   BUILDING means a structure that has a roof supported by columns, +walls or air for the shelter, support, or enclosure of persons, animals or +chattel. +      (8)   CANOPY SIGN means a sign attached to, applied on, or supported by a +canopy. +      (9)   CHANGEABLE MESSAGE SIGN means a sign displaying static or moving +images (similar to television images) that may display different designs, +messages, or advertisements and that may include LED/LCD elements, slide +lettering, slated rotating surfaces, or other changeable message technology. +      (10)   CHARACTER means any letter of the alphabet or numeral. +��     (11)   CITY means the city of Dallas, Texas. +      (12)   COMMERCIAL MESSAGE means a message placed or caused to be placed +before the public by a person or business enterprise directly involved in the +manufacture or sale of the products, property, accommodations, services, +attractions, or activities or possible substitutes for those things which are +the subject of the message and that: +         (A)   refers to the offer for sale or existence for sale of products, +property, accommodations, services, attractions, or activities; or +         (B)   attracts attention to a business or to products, property, +accommodations, services, attractions, or activities that are offered or exist +for sale or for hire. +      (13)   COMMISSION means the city plan commission of the city of Dallas. +      (14)   DETACHED SIGN means any sign connected to the ground that is not +an attached, portable, or vehicular sign. +      (15)   DIRECTOR means the director of planning and development of the +city or that director’s designated representative. +      (16)   DISTRICT ACTIVITIES means: (A) the name, trade name, or logo of +the owner or occupant of any premise within this district; (B) the +identification of any premise within this district; (C) any accommodations, +services, or activities offered or conducted, other than incidentally, on any +premise within this district; (D) products sold, other than incidentally, on +any premise within this district; and (E) the sale, lease, or construction of +any premise within this district. +      (17)   EFFECTIVE AREA means the following: +         (A)   For marquee and other changeable message signs and detached +signs other than monument signs, the area within a minimum imaginary rectangle +of vertical and horizontal lines that fully contains all extremities of the +sign, excluding its supports, mast, and finial that does not include patterns, +characters, logos, or illustrations. The rectangle is calculated from an +orthographic projection of the sign viewed horizontally. The viewpoint for this +projection that produces the largest rectangle must be used. If elements of the +sign are moveable or flexible, such as a flag or a string of lights, the +measurement is taken when the elements are fully extended and parallel to the +plane of view. If an attached sign moves or rotates, the sign's effective area +shall be measured when the sign is stationary and shall not be based on the +entire area within which the sign moves or rotates. +         (B)   For monument signs and attached signs other than marquee and +other changeable message signs, the sum of the areas within minimum imaginary +rectangles of vertical and horizontal lines, each of which fully contains a +word, excluding a mast and finial that does not include patterns, characters, +logos, or illustrations. If a design, outline, illustration, or interior +illumination surrounds or attracts attention to a word, then it is included in +the calculation of the effective area. An awning or canopy is not included in +the calculation of the effective area. +      (17.1)   ENHANCED BANNER SIGN means a district identification sign +consisting of a pole displaying banners and elements that display the name or +logo of the district. +      (18)   ENTERTAINMENT COMPLEX means a public, multi-use sports, +entertainment, and convention facility with a seating capacity of at least +15,000, where people view and participate in events and performances, +including, but not limited to, theatrical, musical and dramatic performances, +professional or amateur sporting events, and meetings and assemblages. +      (19)   ENTERTAINMENT COMPLEX PLAZA means any outdoor area (whether +publicly or privately owned) that is accessible to the public, and that is: (A) +at least 10,000 square feet in size; (B) adjacent to an entertainment complex; +or (C) within 300 feet of, and has direct pedestrian access to, an +entertainment complex. Direct pedestrian access includes, but is not limited +to, access across public or private streets. +      (20)   ERECT means to build, attach, hang, place, suspend, fasten, affix, +maintain, paint, draw, or otherwise construct. +      (21)   EXPRESSWAY means Interstate Highway 35E and Woodall Rodgers +Freeway. +      (22)   EXPRESSWAY-FACING FACADE means a facade that is parallel to or +within 45° of the travel lanes of an expressway. +      (23)   FACADE means any separate face of a building, including parapet +walls and omitted wall lines, or any part of a building which encloses or +covers usable space, chimneys, roof-mounted equipment, mounted antennas, or +water towers. Where separate faces are oriented in the same direction or in +directions within 45° of one another, they are to be considered as part of a +single facade. A roof is not a facade or part of a facade. Multiple buildings +on the same lot will each be deemed to have separate facades. For purposes of +these sign regulations, each 250 linear feet, or fraction thereof, of an +expressway-facing facade in Subdistrict C is deemed to be a separate facade. +For signs located on buildings adjacent to an entertainment complex plaza and +the hotel spectacular sign, as described in Section +51A-7.1727(d), the term facade includes the exterior structural framing of a +building or architectural elements of the building, whether or not the exterior +structural framing or architectural element encloses or covers usable space. +      (23.1)   FINIAL means a single stationary ornamental element above a sign +that may include a light. +      (24)   FLAT ATTACHED SIGN means an attached sign projecting 18 inches or +less from a building. +      (25)   GOVERNMENT SIGN means a flag, insignia, legal notice, +informational, directional, traffic, or safe school zone sign which is legally +required or necessary to the essential functions of government agencies. +      (26)   HEIGHT, as applied to a sign, means the vertical distance between +the highest part of the sign or its supporting structure, whichever is higher, +and a level plane going through the nearest point of the vehicular traffic +surface of the adjacent improved public right-of-way, other than an alley. In +the event a sign is equidistant from more than one improved public right-of- +way, none of which are alleys, the highest point shall be used. +      (27)   HIGHWAY BEAUTIFICATION ACT (HBA) SIGN means a non-premise sign +that is within 660 feet of an expressway right-of-way and whose message is +visible from the main traveled way of that expressway. +      (28)   ILLUMINATED SIGN means any sign that is directly lighted by any +electrical light source, internal or external. This definition does not include +signs that are illuminated by street lights or other light sources owned by any +public agency or light sources that are specifically operated for the purpose +of lighting the area in which the sign is located rather than the sign itself. +      (29)   KIOSK means a multi-sided structure for the display of premise and +non-premise signs. Kiosks may be changeable message signs. +      (30)   LUMINANCE means the brightness of a sign or a portion thereof +expressed in terms of footlamberts. For purposes of this division, luminance is +determined by the use of an exposure meter calibrated to standards established +by the National Bureau of Standards and equipped with a footlambert scale. +      (31)   MARQUEE SIGN means a changeable message sign attached to, applied +on, or supported by a permanent canopy projecting over a pedestrian street +entrance of a building. +      (31.1)   MAST means an upright pole that supports a sign and may extend +above the sign. +      (32)   MONUMENT SIGN means a detached sign applied directly onto a grade- +level support structure (instead of a pole support) with no separation between +the sign and grade. +      (33)   MOVEMENT CONTROL SIGN means a sign that directs vehicular and +pedestrian movement within this district or to the West End Historic District. +      (34)   NONCOMMERCIAL MESSAGE means any message that is not a commercial +message. News messages such as stock quotes, scores from sporting events, and +news bulletins are noncommercial messages. +      (35)   NON-PREMISE SIGN means any sign that is not a premise sign. +      (36)   OCCUPANCY means the purpose for which a building is used or +intended to be used. The term also includes the building or room housing such +use. +      (37)   ONE SIGN means any number of detached signs structurally connected +above grade. +      (38)   PARAPET SIGN means a projecting attached sign erected on or +attached to the eaves or edge of the roof or on a parapet. A parapet sign is +not a roof sign. +      (38.1)   PARKING STRUCTURE SCREENING SIGN means an attached sign located +on a parking structure intended to be creative and artful by use of visually +interesting, vibrant, and colorful designs with promotional messages limited to +the name or logo of the district or athletic team names, players, or logos. +      (39)   PERMANENT SIGN means any sign that is not a temporary sign as +defined in this section or a sign permitted pursuant to Sections +51A-7.1716 through +51A-7.1722 of this division. +      (40)   PORTABLE SIGN means any sign that is not securely connected to the +ground in such a way that it cannot easily be moved from one location to +another and that is not an attached sign, vehicular sign, or a sign that refers +solely to the sale or lease of the premises. +      (41)   PREMISE means a lot or unplatted tract that is reflected in the +plat books of the building inspection division of the city. Refer to Section +51A-7.1709 of this division. +      (42)   PREMISE SIGN means any sign the content of which relates to the +premise on which it is located and refers exclusively to: +     ��   (A)   the name, trade name, or logo of the owner or occupant of the +premise or the identification of the premises; +         (B)   accommodations, services, or activities offered or conducted on +the premise; +         (C)   products sold, other than incidentally, on the premise if no +more than 70 percent of the sign is devoted to the advertisement of products by +brand name or symbol; or +         (D)   the sale, lease, or construction of the premise. +      (43)   PROJECTING ATTACHED SIGN means an attached sign projecting 18 or +more inches from a building. +      (44)   PROMOTIONAL MESSAGE means a message that identifies, promotes, or +advertises a cultural activity within this district, any event being conducted, +in whole or in part, in an entertainment complex or entertainment complex plaza +within this district, any special event being conducted in this district, or +any other event that will benefit the city. Benefit to the city is established +by: +         (A)   use of city property in accordance with a contract, license, or +permit; +         (B)   the receipt of city monies for the activity or event; or +         (C)   an ordinance or resolution of the city council that recognizes +the activity or event as benefiting the city. +      (45)   PROTECTIVE SIGN means any sign that is commonly associated with +safeguarding the permitted uses of the occupancy, including, but not limited to +“bad dog,” “no trespassing,” and “no solicitors.” +      (46)   PUBLIC AREA means any publicly or privately-owned outdoor area +that is accessible to the public. +      (47)   ROOF SIGN means a sign that is attached to or supported by the +roof of a building. +      (48)   SAFE SCHOOL ZONE SIGN means a government sign: +         (A)   to be placed in the public right-of-way at the direction of a +school district; +         (B)   indicating a safe school hotline number, or an alcohol-free, +gun-free, or drug-free zone for a school; and +         (C)   erected to give notice of these zones in order to aid in the +enforcement of state or federal laws involving violation of certain crimes in +proximity of a school. +      (49)   SETBACK means the distance between a sign and the nearest public +right-of-way line. An alley is not considered to be public right-of-way for the +purpose of calculating a setback. Where a public way crosses a railroad right- +of-way, the setback is measured from the public right-of-way line extended +across the railroad right-of-way. +      (50)   SIGN means any device, flag, light, figure, picture, letter, word, +message, symbol, plaque, poster, display, design, painting, drawing, billboard, +wind device, or other thing visible from outside the premise on which it is +located and that is designed, intended, or used to inform or advertise to +persons not on that premise. This definition does not include: +         (A)   searchlights and landscape features that display no words or +symbols; +         (B)   works of art that are not designed, intended, or used to +advertise; or +         (C)   temporary holiday decorations. +      (51)   SIGN HARDWARE means the structural support system for a sign, +including the fastening devices that secure the sign to a building facade or +pole. +      (52)   SIGN SUPPORT means any pole, post, strut, cable, or other +structural fixture or framework necessary to hold and secure a sign, providing +that the fixture or framework is not imprinted with any picture, symbol, or +word using characters in excess of one inch in height, nor is internally or +decoratively illuminated. +      (53)   SPECIAL EVENT means a temporary event or gathering, including a +special event parade, using either private or public property, in which the +estimated number of participants and spectators exceeds 75 during any day of +the event and that involves one or more of the following activities, except +when the activity is for construction or housemoving purposes only: +         (A)   Closing of a public street. +         (B)   Blocking or restriction of public property. +         (C)   Sale of merchandise, food, or beverages on public or private +property. +         (D)   Erection of a tent on public or private property. +         (E)   Installation of a stage, bandshell, trailer, van, portable +building, grandstand, or bleachers on public or private property. +         (F)   Placement of portable toilets on public or private property. +      (54)   SPECIAL EVENT PARADE means the assembly of three or more persons +whose gathering is for the common design of traveling or marching in procession +from one location to any other location for the purpose of advertising, +promoting, celebrating, or commemorating a thing, person, date, or event that +is not directly related to the expression of feelings and beliefs on current +political, religious, or social issues. +      (55)   SPECIAL PURPOSE SIGN means a sign temporarily supplementing the +permanent signs on a premise. +      (56)   TEMPORARY SIGN means a sign erected for a limited time that +identifies an event or activity of limited duration. Examples include signs +advertising the sale or lease of property, construction activity in progress, +or a concert or other cultural event. +      (57)   THIS DISTRICT means the Victory Sign District. +      (58)   VEHICULAR SIGN means any sign on a vehicle moving along the ground +or on any vehicle parked temporarily, incidental to its principal use for +transportation. This definition does not include signs that are being +transported to a site of permanent erection. +      (60)   WELCOME MESSAGE means a message that identifies and greets heads +of state; foreign dignitaries; groups using city property in accordance with a +contract, license, or permit; or government organizations. +      (60.1)   WINDOW SIGN means a sign painted or affixed to a window. +      (61)   WIND DEVICE means any flag, banner, pennant, streamer, or similar +device that moves freely in the wind. +      (62)   WORD: For purposes of this division, each of the following is +considered to be one word: +         (A)   Any word in any language found in any standard unabridged +dictionary or dictionary of slang. +         (B)   Any proper noun or any initial or series of initials. +         (C)   Any separate character, symbol or abbreviation such as “&”, “$”, +“%”, and “Inc.”. +         (D)   Any telephone number or commonly used combination of numerals +and symbols such as “$5.00" or “50%”. +         (E)   Any internet website, network, or protocol address, domain name, +or universal record locator. +         (F)   Any symbol or logo that is a registered trademark but which +itself contains no word or character. +A street number is not considered to be a word. (Ord. Nos. 24348; 25047; 25918; +30043) +SEC. 51A-7.1705.   APPLICABILITY OF HIGHWAY BEAUTIFICATION ACTS. +   For purposes of applying the Federal and Texas Highway Beautification Acts, +this district is considered to be a commercial zoning district. (Ord. Nos. +24348; 25918) +SEC. 51A-7.1706.   VICTORY DISTRICT SIGN PERMIT REQUIREMENTS. +   (a)   In general. Except as provided in this subsection, a person shall not +alter, place, maintain, expand, or remove a sign in this district without first +obtaining a sign permit from the city. A sign permit is not required to: +      (i)   Erect an illuminated projection sign in accordance with Section +51A-7.1727(i). +      (ii)   change the text on a changeable message sign or a kiosk. +      (iii)   Erect or replace a banner using the existing sign hardware. A +sign permit is required to install sign hardware for a banner. +   (b)   Sign permit procedures. Except as provided in Subsection (c) below, +the procedures for obtaining a sign permit in Division +51A-7.600 apply in this district. +   (c)   Roof Signs in Subdistrict B and Subarea D-2. +      (i)   Certificate of appropriateness required. No sign permit may be +issued to authorize a roof sign in Subdistrict B unless the commission has +first issued a certificate of appropriateness in accordance with this +subsection. +      (ii)   Application for a roof sign. When applying for a roof sign in +Subdistrict B or Subarea D-2, the applicant shall submit an application to the +building official. After determining that the proposed roof sign conforms with +all building, electrical, and mechanical codes and all sign regulations in this +ordinance, the building official shall forward a copy of the application to the +director within five working days of its receipt. The applicant shall provide +the building official and the director with specific information in the form of +perspectives, renderings, photographs, models, or other representations +sufficient to show the nature of the proposed sign and its effect on the +building on which it is located as well as its effect on surrounding premises. +Any applicant may request a meeting with the director before submitting an +application and may consult with the director during the review of the permit +application. +      (iii)   Review of application by director. The director shall review the +application and make a recommendation within 10 days of its receipt. In +reviewing an application, he shall first consider whether the applicant has +submitted sufficient information to allow an informed decision. If he finds +that the proposed roof sign is consistent with the special character of this +district, he shall make a recommendation of approval to the commission. The +director shall consider the proposed sign in terms of its appropriateness for +this district without regard to any consideration of the message conveyed by +the sign. After consideration of these factors, the director shall recommend +approval or denial of the application and forward that recommendation to the +commission. +      (iv)   City plan commission review. Upon receipt of a recommendation by +the director, the commission shall hold a public hearing to consider the +application. At least 10 days before the hearing, notice of the date, time, and +place of the hearing, the name of the applicant, and the location of the +proposed roof sign must be published in the official newspaper of the city. In +addition, the building official shall serve, by hand-delivery or mail, a +written notice to the applicant that contains a reference to this subsection, +and the date, time, and location of the hearing. A notice sent by mail is +served by depositing it properly addressed and postage paid in the United +States mail. In making its decision, the commission shall consider the same +factors that were required to be considered by the director in making his +recommendation. If the commission approves the application, it shall forward a +certificate of appropriateness to the building official within 15 days of the +date of its approval. If the commission denies the application, it shall so +inform the building official in writing. The building official shall advise the +applicant of the denial within five working days of the date of receipt of the +written notice from the commission. If the commission does not deny the +application within 60 days of its receipt by the building official, the +building official shall issue a certificate of appropriateness to the +applicant. +      (v)   Authority of building official not affected. Nothing in this +subsection shall affect or modify the authority of the building official to +refuse to grant a sign permit when the proposed roof sign does not conform to +the height, effective area, setback, or similar restrictions established by +this ordinance or the structural requirements of the construction codes of the +city. +      (vi)   Appeal to council. A decision to deny the certificate may be +appealed by the applicant. An appeal is made by filing a written request with +the director for review by the city council. An appeal must be made within 10 +days after notice is given to the applicant of the commission’s decision. In +considering the appeal, the sole issue shall be whether or not the commission +erred in making its decision, and in this connection, the city council shall +consider the same standards that were required to be considered by the +commission. Decisions of the city council are final as to available +administrative remedies. (Ord. Nos. 24348; 25918; 30892; 31410) +SEC. 51A-7.1707.   IMITATION OF TRAFFIC AND EMERGENCY SIGNS PROHIBITED. +   No person shall cause to be erected or maintained any sign using any +combination of forms, words, colors, or lights that imitate standard public +traffic regulatory, emergency signs, or signals. (Ord. Nos. 24348; 25918) +SEC. 51A-7.1708.   OTHER CODES NOT IN CONFLICT, APPLICABLE. +   All signs erected or maintained pursuant to the provisions of this division +shall be erected and maintained in compliance with all applicable state laws +and with the building code, electrical code, and other applicable ordinances of +the city. In the event of conflict between this division and other laws, the +most restrictive standard applies. (Ord. Nos. 24348; 25918) +SEC. 51A-7.1709.   CREATION OF SITE. +   Except for signs located wholly within the public right-of-way, the building +official shall not issue a permit for construction, erection, placement, or +maintenance of a sign until a site is established in one of the following ways: +      (1)   A lot is part of a plat which is approved by the city plan +commission and filed in the plat records of Dallas County, Texas. +      (2)   Tracts that are governed by a detached sign unity agreement in +accordance with Section +51A-7.1710. (Ord. Nos. 24348; 25918) +SEC. 51A-7.1710.   DETACHED SIGN UNITY AGREEMENTS. +   (a)   The building official may authorize the dissolution of common boundary +lines between lots for the limited purpose of allowing those lots to be +considered one premise for the erection of detached signs if a written +agreement is executed in accordance with this section on a form provided by the +city. +   (b)   The agreement must: +      (1)   contain legal descriptions of the properties sharing the common +boundary line(s); +      (2)   set forth adequate consideration between the parties; +      (3)   state that all parties agree that the properties sharing the common +boundary line(s) may be collectively treated as one lot for the limited purpose +of erecting detached signs; +      (4)   state that the dissolution of the common boundary line(s) described +in the agreement is only for the limited purpose of allowing the erection of +detached signs, and that actual lines of property ownership are not affected; +      (5)   state that it constitutes a covenant running with the land with +respect to all properties sharing the common boundary line(s); +      (6)   state that all parties agree to defend, indemnify, and hold +harmless the city of Dallas from and against all claims or liabilities arising +out of or in connection with the agreement; +      (7)   state that it shall be governed by the laws of the state of Texas; +      (8)   state that it may only be amended or terminated by a subsequent +written instrument that is: +         (A)   signed by an owner of property sharing the common boundary line +(s) or by a lienholder, other than a taxing entity, that has either an interest +in a property sharing the common boundary line(s) or an improvement on such a +property; +         (B)   approved by the building official; +         (C)   approved as to form by the city attorney; and +         (D)   filed and made a part of the deed records of Dallas County, +Texas; +      (9)   be approved by the building official and be approved as to form by +the city attorney; +      (10)   be signed by all owners of the properties sharing the common +boundary line(s); +      (11)   be signed by all lienholders, other than taxing entities, that +have either an interest in the properties sharing the common boundary line(s) +or an improvement on those properties; and +      (12)   be filed and made a part of the deed records of Dallas County, +Texas. +   (c)   The building official shall approve an agreement if all properties +governed by the agreement fully comply with the regulations in this division. +   (d)   An agreement shall not be considered effective until a true and +correct copy of the approved agreement is filed in the deed records in +accordance with this section and two file-marked copies of the agreement are +filed with the building official. +   (e)   An agreement may only be amended or terminated by a written instrument +that is executed in accordance with this subsection on a form provided by the +city. The instrument must be: +      (1)   signed by an owner of property sharing the common boundary line(s) +or by a lienholder, other than a taxing entity, that has either an interest in +a property sharing the common boundary line(s) or an improvement on such a +property; +      (2)   approved by the building official; +      (3)   approved as to form by the city attorney; and +      (4)   filed and made a part of the deed records of Dallas County, Texas. +The building official shall approve an instrument amending or terminating an +agreement if all properties governed by the agreement fully comply with the +regulations in this division. The amending or terminating instrument shall not +be considered effective until it is filed in the deed records in accordance +with this subsection and two file-marked copies are filed with the building +official. +   (f)   No detached non-premise sign may be erected or maintained on a +property that is described in an agreement executed in accordance with this +section. (Ord. Nos. 24348; 25918) +SEC. 51A-7.1711.   GENERAL MAINTENANCE. +   (a)   In general. Sign and sign supports must be maintained in a state of +good repair and neat appearance at all times. +   (b)   Revocation of permit. +      (1)   The building official shall revoke, in writing, the sign permit for +a sign if it has for a period of one year: +         (A)   displayed obsolete advertising matter; +         (B)   been without advertising matter; or +         (C)   been damaged in excess of 50 percent of the cost of replacement +of the sign. +      (2)   The owner of the sign is liable to the city for a civil penalty in +the amount of $200 a day for each calendar day that the sign is maintained +without a required permit. The building official shall give written notice to +the property owner of the amount owed to the city in civil penalties, and shall +notify the city attorney of any unpaid civil penalty. The city attorney shall +collect unpaid civil penalties in a suit on the city’s behalf. +      (3)   The civil penalty provided for in Paragraph (2) is in addition to +any other enforcement remedy the city may have under city ordinances and state +law. (Ord. Nos. 24348; 25918) +SEC. 51A-7.1712.   GOVERNMENT SIGNS. +   (a)   Except as provided in Subsection (b), nothing in this division shall +be construed to regulate the display of a government sign. +   (b)   Safe school zone signs must satisfy the following requirements. +      (1)   Each sign must be erected within 600 feet of a school. +      (2)   No sign may exceed five square feet in effective area. +      (3)   At least 80 percent of the effective area of each sign must be +devoted to a governmental message. +      (4)   Up to 20 percent of the effective area of each sign may be devoted +to the identification of a sponsor. (Ord. Nos. 24348; 25918) +SEC. 51A-7.1713.   SIGNS OVER THE PUBLIC RIGHT-OF-WAY. +   (a)   Signs may be located in or project over the public right-of-way, +including, but not limited to, sidewalks, subject to the licensing and +franchise requirements of Chapter XIV of the city charter, +Article VI of +Chapter 43 of the Dallas City Code, as amended, and the requirements of this +section. +   (b)   The traffic engineer shall review the location of any sign located in +or overhanging the public right-of-way to ensure that the sign will not pose a +traffic hazard or visibility obstruction. (Ord. Nos. 24348; 25918; 28424) +SEC. 51A-7.1714.   COMMERCIAL VERSUS NONCOMMERCIAL MESSAGES. +   (a)   Notwithstanding any other provision of this ordinance, any sign that +may display a commercial message may also display a noncommercial message, +either in place of or in addition to the commercial message, so long as the +sign complies with other requirements of this ordinance that do not pertain to +the content of the message displayed. +   (b)   Notwithstanding any other provision of this ordinance, any sign that +may display one type of noncommercial message may also display any other type +of noncommercial message, so long as the sign complies with other requirements +of this ordinance that do not pertain to the content of the message displayed. +(Ord. Nos. 24348; 25918) +SEC. 51A-7.1715.   PREMISE VERSUS NON-PREMISE ADVERTISEMENT. +   Notwithstanding any other provision of this ordinance, any sign that may +display non-premise advertisement may display premise advertisement in place of +the non-premise advertisement, so long as the sign complies with other +requirements of this ordinance that do not pertain to the content of the +message displayed. (Ord. Nos. 24348; 25918) +SEC. 51A-7.1716.   MOVEMENT CONTROL SIGNS. +   In addition to all other signs permitted in this ordinance, movement control +signs are permitted subject to the following provisions: +      (1)   Movement control signs must direct vehicular or pedestrian movement +within this district or to the West End Historic District and may include the +name or logo of any premise located in this district or the name or logo of the +West End Historic District. +      (2)   Except as provided in this paragraph, no movement control sign may +exceed 30 square feet in effective area. +         (A)   Four movement control signs may have a maximum effective area of +60 square feet. +         (B)   One movement control sign exceeding 30 square feet in effective +area may be located at each of the following intersections: +            (i)   Victory Avenue and Victory Avenue West; +            (ii)   Olive Street and Houston Street; +            (iii)    Continental Avenue and Victory Avenue; and +            (iv)   Houston Street and Victory Avenue West. +      (3)   Movement control signs may be attached or detached signs and may be +erected on any premise without limit as to number. +      (4)   Movement control signs may be changeable message signs when the +messages are limited to directing vehicular movement, including but not limited +to the availability and amount of parking, price of parking, and the name of +the parking business. (Ord. Nos. 24348; 25918; 30043) +SEC. 51A-7.1717.   SIGNS IN PUBLIC PLACES. +   In addition to all other signs permitted in this ordinance, an unlimited +number of signs that only identify the name or logo of this district may be +located on or incorporated into manhole covers, street light poles, sidewalks, +benches, trash receptacles, and other improvements in public areas. No such +sign, however, may exceed one square foot in effective area or contain more +than three words. (Ord. Nos. 24348; 25918; 30043) +SEC. 51A-7.1718.   PROTECTIVE SIGNS. +   (a)   The occupant of a premise may erect not more than two protective +signs, in accordance with the following provisions: +      (1)   No sign may exceed 100 square inches in effective area. +      (2)   No detached sign may exceed two feet in height. +      (3)   No letter may exceed four inches in height. +   (b)   The protective signs authorized in the preceding subsection are in +addition to all other signs permitted in this ordinance. (Ord. Nos. 24348; +25918) +SEC. 51A-7.1719.   VEHICULAR SIGNS. +   (a)   In addition to all other signs permitted in this ordinance, vehicular +signs are permitted subject to the following restrictions: +      (1)   No sign may contain flashing or moving elements. +      (2)   No sign may have an element with a luminance greater than 200 +footlamberts. +      (3)   No sign may project beyond the surface of a vehicle in excess of +eight inches. +      (4)   No sign may be attached to a vehicle so that the driver’s vision is +obstructed from any angle. +      (5)   Signs, lights, and signals used by authorized emergency vehicles +are not restricted. +   (b)   A vehicular sign must comply with all regulations for detached signs +if: +      (1)   it is placed so as to constitute a “sign” as defined in Section +51A-7.1704; and +      (2)   the vehicle upon which the sign is located is parked on other than +a temporary basis. +   (c)   The owner of the vehicle upon which a vehicular sign is placed is +responsible for ensuring that the provisions of this section are adhered to and +commits an offense if any vehicular sign on his vehicle violates this section. +If such a vehicle is found unattended or unoccupied, the registered owner of +the vehicle shall be presumed to be the actual owner. The records of the state +highway department or the county highway license department showing the name of +the registered owner of the vehicle shall constitute prima facie evidence of +actual ownership by the named individual. (Ord. Nos. 24348; 25918) +SEC. 51A-7.1720.   STREET CONSTRUCTION ALLEVIATION SIGNS. +   (a)   Definitions. In this section, unless the context clearly indicates +otherwise: +      (1)   CONSTRUCTION means major activity involving on-site excavation, +fabrication, erection, alteration, repair, or demolition that materially alters +or restricts access to a premise. +      (2)   DIRECTOR means the director of transportation of the city or his or +her designated representative. +      (3)   ERECT means erect or maintain. +      (4)   OPERATOR means a person who causes a use or business to function or +puts or keeps a use or business in operation. A person need not have an +ownership interest in a use or business to be an “operator” of the use or +business for purposes of this section. +      (5)   OWNER includes any part owner, joint owner, tenant in common, +tenant in partnership, joint tenant, tenant by the entirety, or lessee. +      (6)   SIGN means a sign authorized to be erected or maintained under this +section. +      (7)   STREET means a street more than 85 feet in width, including +frontage roads, if applicable. “Frontage Road” means a frontage, access, or +service road for a freeway or tollway. +   (b)   Purpose. The purpose of this section is to promote the health, safety, +morals, and general welfare of the city in order to lessen the congestion in +the streets; to improve communications efficiency by allowing businesses to +identify themselves and by helping customers to locate these businesses; to +promote the safety of persons and property by reducing the confusion created by +street construction; and to preserve landscape quality by imposing uniform +standards. This section is not intended to apply to temporary minor repairs to +streets. +   (c)   Authority to erect. In addition to any other signs permitted in this +ordinance, up to two detached premise signs may be erected on a premise if: +      (1)   the premise contains at least one main use other than a single +family or duplex use; +      (2)   the premise has frontage along that portion of a street under +construction as defined in Subsection (a); and +      (3)   the director has given written notice in accordance with Subsection +(d). +   (d)   Notice required to be given by the director. Whenever the director +determines that construction of a street, as defined in this section, is +imminent, the director shall serve a written notice for the purpose of +authorizing the erection of signs in accordance with this section. The written +notice may be hand-delivered, sent by mail, or published in the official +newspaper of the city. In order to validly authorize a sign under this section, +the notice must: +      (1)   contain a reference to or copy of this section; +      (2)   describe with specificity the portion of the street that is or will +be under construction; +      (3)   contain estimated commencement and completion dates for the +construction; and +      (4)   contain a statement that no sign may be erected or maintained on a +premise: +         (A)   more than five days before the estimated construction +commencement date stated in the notice; or +         (B)   more than five days after the estimated construction completion +date stated in the notice. +   (e)   Time period when sign authorized. This section only authorizes signs +to be placed on property adjacent to that portion of a street described in the +notice given pursuant to Subsection (d) during the time period beginning five +days before the estimated construction commencement date stated in the notice +and ending five days after the estimated construction completion date stated in +the notice. No sign may be erected or maintained on a premise: +      (1)   more than five days before the estimated construction commencement +date stated in the notice; or +      (2)   more than five days after the estimated construction completion +date stated in the notice. +The director may change the time period for erecting and maintaining signs +under this section at any time by giving a new notice in accordance with +Subsection (d). +   (f)   Physical requirements for sign. All signs must comply with the +following paragraphs: +      (1)   No more than two signs may be erected on a premise. No more than +one sign may be erected at any motor vehicle entrance to a premise. +      (2)   No setback is required for a sign; however, no sign may be located +in a public right-of-way. If a sign is placed in a visibility triangle as +defined in Section +51A-4.602(d), it shall be a defense to prosecution under that section that the +sign does not constitute a traffic hazard. +      (3)   The sign must be visible from and oriented towards the street under +construction and have an arrow that directs motorists to a motor vehicle +entrance to the premise. +      (4)   The sign must be a square, with dimensions of four feet by four +feet. It must have a three-inch border of white reflective sheeting or paint +and a reflective blue background. The text of the sign must consist of +reflective white characters. (Note: It is intended that the requirements of +this paragraph be strictly and precisely complied with.) +      (5)   No sign may exceed eight feet in height. +      (6)   No sign may be a portable sign unless the director determines that +the sign does not constitute a safety hazard. +   (g)   Criminal responsibility. If a sign violates this section and is not +otherwise authorized under the Dallas City Code, a person is criminally +responsible for a sign unlawfully erected or maintained if the person: +      (1)   erects or maintains the sign; +      (2)   is an owner or operator of a use or business to which the sign +refers; or +      (3)   owns part or all of the land on which the sign is located. +   (h)   City may remove signs. The City of Dallas may remove any sign without +liability if the director determines that the sign constitutes a safety hazard, +or if the sign does not comply with this section; however, the city shall not +be liable for failure to remove a sign. (Ord. Nos. 24348; 25047; 25918; 30239; +30654) +SEC. 51A-7.1721.   ATTACHED SIGNS ON MACHINERY OR EQUIPMENT. +   Words may be attached to machinery or equipment which is necessary or +customary to a business, including but not limited to devices such as gasoline +pumps, vending machines, ice machines, etc., provided that the words so +attached refer exclusively to products or services dispensed by the device, +consist of characters no more than four inches in height, and project no more +than one inch from the surface of the device. (Ord. Nos. 24348; 25918) +SEC. 51A-7.1722.   DISTRICT IDENTIFICATION SIGNS. +   (a)   District identification signs may only identify the name or logo of +this district. +   (b)   No sign may exceed three words or be a changeable message sign. +   (c)   These signs are in addition to all other signs permitted on a premise +and are subject to the following regulations: +      (1)   In Subdistrict A, district identification signs are not permitted +in addition to the other signs authorized on a premise. Any sign in Subdistrict +A that identifies the name or logo of this district must meet the regulations +for attached or detached signs in Subdistrict A, and the sign will be included +in the calculation of the number of permitted signs on a premise. +      (2)   In Subdistricts B and D, district identification signs must be flat +attached signs, monument signs, banners attached to pole supports, or enhanced +banner signs. +         (A)   Attached and detached signs. +            (i)   In Subdistrict B, a maximum of three flat attached signs or +monument signs are permitted. +            (ii)   In Subdistrict D, a maximum of two monument signs are +permitted. +            (iii)   The maximum effective area for a flat attached sign is 900 +square feet. +            (iv)   The maximum effective area for a monument sign is 150 square +feet and the sign may not exceed 10 feet in height. +         (B)   Banners attached to pole supports. No maximum number of banners +attached to pole supports. The following additional restrictions apply: +            (i)   Banners and hardware must meet the sign construction and +design standards contained in the Dallas Building Code and be constructed of +weather-resistant and rust-proof material. +            (ii)   Maximum height, including masts and finials, is 36 feet. +            (iii)   Banners must be between 12 feet and 30 feet above grade, +excluding masts and finials. +            (iv)   Maximum projection for banners is three feet from the pole +on which it is mounted. +           ��(v)   Maximum effective area for individual banners is 50 square +feet. +         (C)   Enhanced banner signs. +            (i)   In addition to the banners and elements allowed in +Subparagraph B, enhanced banner signs may have one each of the following +elements located between 12 feet and 30 feet above grade: +               (aa)   A vertically oriented illuminated blade cabinet that +contains the logo or name of the district with a maximum effective area of 40 +square feet with a maximum projection of three feet from the pole on which it +is mounted. +               (bb)   A horizontal element that contains the logo or name of +the district with a maximum effective area of 10 square feet and a maximum +projection of six feet from the pole on which it is mounted. +            (ii)   A maximum of one enhanced banner sign is allowed per +blockface. Enhanced banner signs are limited to the following locations: +               (aa)   The southwest corner of Houston Street and Olive Street; +               (bb)   The southwest corner of Victory Park Lane and Olive +Street; +               (cc)   The southwest corner of Houston Street and Museum Way; +               (dd)   The northeast corner of Victory Park Lane and High Market +Street; +               (ee)   The northeast corner of Houston Street and High Market +Street; +               (ff)   The northwest corner of Victory Park Lane and High Market +Street; +               (gg)   The northwest corner of Houston Street and Lamar Street; +               (hh)   The southeast corner of Victory Avenue and Olive Street; +and +               (ii)   The southeast corner of Victory Avenue and High Market +Street. +      (3)   In Subdistrict C, the only district identification signs permitted +are one monument sign and banners attached to pole supports. If the sign is a +monument sign, the sign may not exceed 10 feet in height or have an effective +area greater than 150 square feet. If the sign is a banner, the banner and its +hardware must: +         (A)   meet the sign construction and design standards contained in the +Dallas Building Code; +         (B)   be at least 12 feet but no more than 25 feet above grade; +         (C)   not project more than three feet from the pole on which it is +mounted; +         (D)   not exceed 50 square feet in effective area; and +         (E)   be made out of weather-resistant and rust-proof material. (Ord. +Nos. 24348; 25918; 30043) +SEC. 51A-7.1723.   DETACHED SIGNS IN ACCESS EASEMENTS. +   (a)   No more than 10 permanent, non-premise detached signs may be located +in access easements in this district. +   (b)   No permanent sign in an access easement may exceed five words or be a +changeable message sign. +   (c)   These signs may only identify district activities. (Ord. Nos. 24348; +25918) +SEC. 51A-7.1724.   STREAMERS, PENNANTS, AND INFLATABLE SIGNS PROHIBITED. +   Streamers, pennants, and inflatable signs, including, but not limited to, +balloons, are prohibited in this district. (Ord. Nos. 24348; 25918) +SEC. 51A-7.1725.   GENERAL PROVISIONS FOR ALL SIGNS.  +   Unless otherwise stated, the following general rules apply to all signs in +this district. +      (1)   All signs must comply with Divisions +51A-7.500, +51A-7.600, +51A-7.800, and +51A-7.1700. No other division of +Article VII applies to a sign in this district. +      (2)   There are no setback requirements for a sign in this district. +      (3)   All signs in this district must be premise signs or convey a +noncommercial message. +      (4)   No sign may be painted onto the roof of a building, and no flat +attached sign is permitted on the roof of a building. +      (5)   No illuminated sign that has an effective area of 400 square feet +or less may have a luminance greater than 300 footlamberts, nor may any such +sign have a luminance greater than 300 footlamberts for any portion of the sign +within a circle two feet in diameter. No illuminated sign which has an +effective area greater than 400 square feet may have a luminance greater than +200 footlamberts, nor may any such sign have a luminance greater than 200 +footlamberts for any portion of the sign within a circle of two feet in +diameter. The measurements of luminance are taken from any other premise or +from any public right-of-way other than an alley. This subsection does not +apply to signs authorized by Subsections +51A-7.1727(c), (d) or (i). +      (6)   No illuminated sign, nor any illuminated element of any sign, may +turn on or off, or change its brightness, if: +         (A)   the change of illumination produces an apparent motion of the +visual image, including but not limited to illusion of moving objects, moving +patterns or bands of light, expanding or contracting shapes, rotation or any +similar effect of animation; +         (B)   the change of message or picture occurs more often than once +each three seconds for those portions of a sign which convey time or +temperature, or once each 20 seconds for all other portions of a sign; or +         (C)   a portion of the sign, within a circle of two feet in diameter, +has a luminance greater than 200 footlamberts when all elements of the sign are +fully and steadily illuminated. +This subsection does not apply to signs authorized by Subsections +51A-7.1727(c), (d) or (i). +      (7)   No sign or any part of any sign may move or rotate at a rate more +often than once each 10 seconds, or change its message at a rate more often +than once each 20 seconds, with the exception of wind devices, the motion of +which is not restricted. This subsection does not apply to signs authorized by +Subsections +51A-7.1727(c), (d) or (i) , unless the sign is visible from the main traveled +way of an expressway. +      (8)   No sign may move, rotate, or change its message at any rate if any +of its elements or any illuminated portion within a two-foot circle has a +luminance greater than 200 footlamberts. This subsection does not apply to +signs authorized by Subsections +51A-7.1727(c), (d) or (i). +      (9)   Attached premise signs are allowed a 10 percent increase in +effective area if 51 percent or more of the characters incorporate neon +lighting. (Ord. Nos. 24348; 25918; 30043) +SEC. 51A-7.1726.   SIGN REGULATIONS FOR SUBDISTRICT A (THE ENTERTAINMENT +COMPLEX SUBDISTRICT). +   (a)   Movement and illumination provisions for all signs. +      (1)   Signs visible from the main traveled way of an expressway. For +signs containing a message that is visible from the main traveled way of an +expressway, the regulations of Section +51A-7.1725 apply. +      (2)   All other signs. For all other signs, the regulations of Section +51A-7.1725 apply except for the provisions of Section +51A-7.1725 (6), (7), and (8). +      (3)   Luminance. +         (A)   For purposes of applying Section +51A-7.1725 (5), (6), and (8), the measurements of luminance are taken from any +premise or public right-of-way, other than an alley, outside this district. +         (B)   Luminance limitations related to measurements taken within a +circle of two feet in diameter under Section +51A-7.1725 (5), (6), and (8) do not apply in this subdistrict. +      (4)   Changeable message sign greater than 1,000 square feet facing an +entertainment complex plaza. The provisions of Section +51A-7.1725 (5), (6), (7), and (8) do not apply to a changeable message sign +greater than 1,000 square feet in effective area located on the facade of a +building facing the entertainment complex plaza. +   (b)   Permanent attached signs. The only permanent attached signs permitted +in this subdistrict are signs provided for in this subsection. +      (1)   Number of permitted signs. +         (A)   There is no limitation on the number of premise and non-premise +attached signs that may be placed on a facade of a building. +         (B)   Except as otherwise provided, there is no limitation on the +number of changeable message signs 1,000 square feet in effective area and +less, including marquee signs, that may be placed on a facade of a building. +The facade of a building that has a changeable message sign greater than 1,000 +square feet in effective area may not have additional changeable message signs +greater than 100 square feet in effective area on the same facade. +         (C)   No more than 13 roof signs are permitted in this subdistrict. +      (2)   Number of words or characters. +         (A)   Except for roof signs, there is no limit as to the number of +words or characters that may be placed on an attached sign. +         (B)   The painted roof sign permitted on an entertainment complex may +contain 10 words. For all other roof signs, no more than three characters or +symbols are permitted for each sign. +      (3)   Premise and non-premise signs. +         (A)   All roof signs in this subdistrict must be premise signs. +         (B)   All other signs in this subdistrict may be premise or non- +premise signs. +      (4)   Effective area limitations for certain attached signs. +         (A)   The maximum effective area of a changeable message sign is 1,000 +square feet, except: +            (i)   A marquee sign. +            (ii)   One changeable message sign with a maximum effective area of +1,500 square feet on the facade of a building facing the entertainment complex +plaza. +         (B)   The maximum effective area of a marquee sign is 250 square feet. +         (C)   The maximum effective area of an awning or canopy sign is 150 +square feet. +         (D)   The maximum effective area of the painted roof sign on an +entertainment complex is 8,500 square feet. For purposes of calculating the +maximum effective area of this painted roof sign, the building official shall +draw a minimum imaginary rectangle of vertical and horizontal lines around all +extremities of the sign. The area within the minimum imaginary rectangle is the +effective area of the roof sign. +         (E)   With the exception of the one painted roof sign permitted on an +entertainment complex, there is no maximum effective area for a roof sign. +         (F)   The maximum effective area for all other projecting attached +signs is 20 square feet. +      (5)   Cumulative effective area limitations for all attached signs. The +cumulative effective area of permanent non-premise attached signs on a building +facade may not exceed 10 percent of the total area of the facade on which the +signs are located. The cumulative effective area of all permanent attached +signs on the facade may not exceed 30 percent of the total area of the facade. +      (6)   Spacing of attached non-premise signs. HBA signs on a facade must +be spaced a minimum of 50 feet from all HBA signs on another facade. There are +no spacing requirements for HBA signs on the same facade. +      (7)   Signs overhanging or projecting into the public right-of-way. +         (A)   Attached signs overhanging the public right-of-way are permitted +as long as each sign is a minimum of 10 feet above the sidewalk grade. +         (B)   No portion of a marquee sign may: +            (i)   project more than eight feet into the public right-of-way; or +            (ii)   be located less than two feet from the back of a street +curb. +         (C)   For all other projecting attached signs, no portion of the signs +may: +            (i)   project more than four feet into the public right-of-way; or +            (ii)   be located less than two feet from the back of the street +curb. +      (8)   Roof signs. +         (A)   No roof sign may project above the surface to which it is +attached by more than 25 feet. +         (B)   One flat attached roof sign is permitted on an entertainment +complex if it is: (1) painted directly on the roof of the entertainment +complex, and (2) not visible within 400 feet of the boundary of Subdistrict A. +The sign is deemed visible if any portion of that sign can be seen at a point +five feet above grade. +         (C)   All other roof signs in this subdistrict must be mounted +parallel to the building facade. +         (D)   No roof sign may be a changeable message sign. +      (9)   Parapet signs. Parapet signs are prohibited in this subdistrict. +      (10)   No limitation on projecting attached signs. Projecting attached +signs are permitted on premises with detached signs. +      (11)   District activities and non-premise signs. A minimum of 30 percent +of the effective area of an attached non-premise sign must identify district +activities. +      (12)   Signs projecting over the roof line. Except for a roof sign, no +attached sign may project over a building. +      (13)   Location limitation on projecting attached signs. Except for a +roof sign, no portion of a projecting attached sign may be located at a point +on the facade above 66 feet in height. +   (c)   Permanent detached signs. +      (1)   The only permanent detached signs permitted in this subdistrict are +movement control and vent stack signs. +      (2)   A detached sign may only be located on a vent stack if: +         (A)   the sign face does not exceed 15 feet in height; and +         (B)   the sign does not exceed 100 square feet in effective area. +      (3)   Only one sign may be located on a vent stack, and no more than 16 +vent stack signs are permitted in this subdistrict. +      (4)   Signs located on vent stacks may be non-premise signs. Twelve of +the 16 permitted signs may only identify district activities. +   (d)   Temporary signs. The only temporary signs permitted in this +subdistrict are special purpose signs, temporary protective signs, temporary +signs on construction fencing, and “for sale,” “for lease,” “remodeling,” and +“under construction” signs. These temporary signs are in addition to all other +signs permitted in this ordinance. +   (e)   Special purpose signs. +      (1)   Illumination. Special purpose signs may be externally illuminated, +and, except for banners, may be internally illuminated or “back-lighted.” +      (2)   Premise special purpose signs. +         (A)   Attached premise special purpose signs. +            (i)   Entertainment complex. On an entertainment complex, there is +no limit on the number or size of attached premise special purpose signs. No +sign may be maintained for more than 45 days in any given twelve-month period. +            (ii)   All other uses. An occupancy may have one attached premise +special purpose sign up to four times within any twelve-month period as long as +the sign: +               (aa)   is displayed for no more than 45 days each time during +the twelve-month period; and +               (bb)   has no more than 10 words that contain any character +equal to or exceeding four inches in height. +         (B)   Detached premise special purpose signs. No detached premise +special purpose sign is permitted in this subdistrict. +      (3)   Non-premise special purpose signs. +         (A)   In general. Non-premise special purpose signs are permitted +subject to the following regulations: +            (i)   Except as provided in Subparagraph (A)(ii) below, non-premise +special purpose signs may only display promotional and welcome messages. +            (ii)   Up to 10 percent of the effective area of a non-premise +special purpose sign may contain commercial advertisement. The name of the +event or activity identified in a promotional message is not considered +commercial advertisement even if the event or activity is named after the +sponsor. +            (iii)   A non-premise special purpose sign may not be erected more +than 30 days before the beginning of the advertised activity or event, and must +be removed no later than 10 days after the activity or event has ended. +            (iv)   The sign hardware for a banner may be left in place between +displays of a banner. +         (B)   Attached non-premise special purpose signs. +            (i)   Entertainment complex. The only attached non-premise special +purpose signs permitted on an entertainment complex are banners. Banners may be +displayed anywhere on the entertainment complex without limit on their number +or size. +            (ii)   All other uses. For all other uses, attached non-premise +special purpose signs are prohibited. +         (C)   Detached non-premise special purpose signs. No detached non- +premise special purpose sign is permitted in this subdistrict. +   (f)   Other temporary signs. +      (1)   Temporary protective signs. In addition to the other protective +signs permitted under Section +51A-7.1718, temporary protective signs may be erected anywhere on a +construction site at anytime during construction. There is no limit on the +number of these signs, but no sign may exceed 20 square feet in effective area +or eight feet in height. Temporary protective signs may be illuminated, but no +lighting source may project more than three inches from the vertical surface +of, or six inches above the top of, the sign. All temporary protective signs +must be removed upon completion of the construction. +      (2)   Temporary signs on construction fencing. Temporary signs may be +erected on construction fencing subject to the following provisions: +         (A)   The signs must be spaced at least 50 feet apart. +         (B)   No sign may exceed 128 square feet in effective area or eight +feet in height. +         (C)   No sign may project more than three inches from the vertical +surface of, or six inches above the top of, the fence. +         (D)   The signs may be illuminated. +         (E)   The signs may only identify the project under construction and +its owners, developers, future tenants, lenders, architects, engineers, project +consultants, and contractors. +         (F)   The signs must be removed upon completion of the construction. +      (3)   “For Sale,” “For Lease,” “Remodeling,” and “Under Construction” +signs. Signs that relate exclusively to the sale, lease, construction, or +remodeling of the premises on which they are located are permitted. There is no +limit to the number of attached signs permitted. Detached signs are limited to +one for each 100 feet of frontage on a public street or private access +easement. If attached to a window, the maximum effective area of the sign is 16 +square feet; if attached to other portions of a facade, the maximum effective +area is 32 square feet. No detached sign may exceed 128 square feet in +effective area or 16 feet in height. (Ord. Nos. 24348; 25918; 26552) +SEC. 51A-7.1727.   SIGN REGULATIONS FOR SUBDISTRICT B (RETAIL AND ENTERTAINMENT +SUBDISTRICT). +   (a)   Movement and illumination provisions for all signs. +      (1)   Signs visible from the main traveled way of an expressway. For +signs containing a message that is visible from the main traveled way of an +expressway, the regulations of Section +51A-7.1725 apply. +      (2)   All other signs. For all other signs, the regulations of Section +51A-7.1725 apply except for the provisions of Section +51A-7.1725 (6), (7), and (8). The provisions of Subsections +51A-7.1725(5), (6), (7), and (8) do not apply to the signs authorized by +Subsections +51A-7.1727(c), (d), and (i). +      (3)   Luminance. +         (A)   For purposes of applying Section +51A-7.1725(5), (6), and (8), the measurements of luminance are taken from any +premise or public right-of-way, other than an alley, outside this district. The +measurement of luminance taken within a circle of two feet in diameter under +Section +51A-7.1725(5), (6), and (8) does not apply in this subdistrict. +         (B)   The luminance limitations Section +51A-7.1725(5), (6), and (8) do not apply to signs authorized by Subsections +51A-7.1727(c), (d) or (i). +   (b)   Permanent attached signs. The only permanent attached signs permitted +in this subdistrict are signs provided for in this subsection and Subsections +(c) and (d). The restrictions on signs in this subsection do not apply to the +signs authorized in Subsections (c) and (d) below. +      (1)   Number of permitted signs. +         (A)   Each premise or non-residential occupancy is allowed: +            (i)   one projecting attached sign per facade; +            (ii)   one marquee sign, canopy sign, or an awning sign per facade; +and +            (iii)   one additional attached sign per facade. The one additional +attached sign may not be a changeable message sign. +         (B)   Except as provided in this subparagraph, in addition to the +three signs permitted in Subparagraph (A), each premise is entitled to two +changeable message signs, other than marquee signs. A theater may have a +maximum of one changeable message premise sign for each theater screen other +than marquee signs. +         (C)   Four flat attached non-premise signs are permitted in this +subdistrict. These signs are not in addition to the number of signs permitted +on a premise. Only one non-premise sign is permitted on a facade. A maximum of +two of the four attached non-premise signs may be changeable message signs. +         (D)   No more than two roof signs are permitted in this subdistrict. +Only one roof sign is permitted per building. +         (E)   In no event may the total number of signs on a premise or +nonresidential occupancy exceed the number of signs permitted under +Subparagraphs (A) and (B). +         (F)   Window signs are limited to premise signs and do not count +against the maximum number of permanent attached signs. Window signs are +limited to the first and second floor of a building and may not cover more than +25 percent of any window. +      (2)   Number of words or characters. +         (A)   Except for marquee and changeable message signs, no person may +erect a sign that contains more than 10 words consisting of any characters of a +height equal to or exceeding four inches on any building facade. Words +consisting of characters less than four inches in height may be used without +limit. +         (B)   There is no limit as to the number of words containing +characters of a height equal to or exceeding four inches on a marquee or other +changeable message sign. +      (3)   Premise and non-premise signs. Except for the four attached non- +premise signs permitted in Subsection (b)(1), all attached permanent signs in +this subdistrict must be premise signs or convey a noncommercial message. +      (4)   Effective area limitations for certain attached signs. +         (A)   With the exception of a marquee sign, the maximum effective area +of a changeable message sign is 1,000 square feet. +         (B)   The maximum effective area of a marquee sign is 250 square feet. +         (C)   The maximum effective area of an awning or canopy sign is 150 +square feet. +         (D)   There is no maximum effective area for a parapet sign. +         (E)   The maximum effective area for a roof sign is 800 square feet. +         (F)   The maximum effective area for all other projecting attached +signs is 250 square feet. +      (5)   Effective area limitation for non-premise attached signs. Except as +further restricted in Subsection (b)(4)(A), the effective area of a permanent +non-premise attached sign on a building facade may not exceed 50 percent of the +area of the portion of the facade below 66 feet in height. +      (6)   Cumulative effective area limitations for all attached signs. The +cumulative effective area of all permanent attached signs on a building facade +may not exceed 50 percent of the total area of the facade. +      (7)   Spacing of attached non-premise signs. HBA signs must be spaced at +least 250 feet apart. +      (8)   Signs overhanging or projecting into the public right-of-way. +         (A)   Attached signs overhanging the public right-of-way are permitted +as long as each sign is a minimum of 10 feet above the sidewalk grade. +         (B)   No portion of a marquee sign may be located less than 2.5 feet +from the back of a street curb. +         (C)   For all other projecting attached signs, no portion of the signs +may: +            (i)   project more than eight feet into the public right-of way; or +            (ii)   be located less than two feet from the back of the street +curb. +      (9)   Parapet signs. Parapet signs are permitted as follows: +         (A)   Except as provided in Subparagraph (B), no parapet sign may +project more than four feet above the edge of the roof, regardless of whether +the sign is erected on a parapet wall or the roofs edge. +         (B)   Six parapet signs in this district may project up to 10 feet +above the edge of the roof if no parts of the signs are located at a height +above 100 feet, measured from the grade of the buildings on which the signs are +attached. +      (10)   Roof signs. Roof signs are permitted as follows: +         (A)   No part of a roof sign may be located at a height above 100 +feet, measured from the grade of the building on which the sign is attached. +         (B)   The sign support for a roof sign must consist of open, exposed +metal framing. The metal must be painted or coated, or be composed of a +material that will not rust or corrode. +         (C)   A roof sign must be erected on the main roof of the building. +         (D)   No roof sign may project above the roof more than one-third of +the building height. +         (E)   A roof sign must be mounted parallel to the nearest facade of +the building. +         (F)   No roof sign may be a changeable message sign. +      (11)   No limitation on projecting attached signs. Projecting attached +signs are permitted on premises with detached signs. +      (12)   Location limitation on non-premise signs. No portion of a non- +premise sign may be located at a point on the facade above 66 feet in height. +      (13)   District activities and non-premise signs. A minimum of 30 percent +of the effective area of an attached non-premise sign must identify district +activities. +      (14)   Signs projecting over the roof line. A projecting, attached sign, +other than a roof or parapet sign, may project up to a maximum of 10 feet above +a building. No changeable message or attached non-premise sign may project +above a building. +      (15)   Location limitation on projecting attached signs. Except for a +roof or parapet sign, no portion of a projecting attached sign may be located +at a point on the facade above 66 feet in height. +      (16)   Location limitation on changeable message signs. No portion of a +changeable message sign may be located at a point on the facade above 66 feet +in height. +   (c)   Additional signs in Subarea B-1. +      (1)   In general. The non-premise signs described in this subsection are +permitted in Subarea B- 1 subject to the following restrictions. +         (A)   The signs may not be HBA signs. +         (B)   The signs are permitted on premises with detached signs. +         (C)   The signs are in addition to all other signs permitted on a +premise. +      (2)   Icon Tower Signs. A maximum of three projecting attached changeable +message signs are permitted on an architectural element (such as a tower) that +is part of a building adjacent to the western edge of an entertainment complex +plaza, subject to the following restrictions: +         (A)   The signs may not be HBA signs. +         (B)   Each sign may not exceed 1,200 square feet in effective area. +         (C)   The signs may not be located more than 150 feet above the base +of the building to which the architectural element is attached. +         (D)   The signs may not project above the architectural element to +which they are attached. +         (E)   The signs may project outward from the architectural element to +which they are attached. +         (F)   All of the signs must be located on the same architectural +element. +      (3)   Icon tower static signs. A maximum of five projecting attached +signs are permitted on an architectural element (such as a tower) that is part +of a building adjacent to the western edge of an entertainment complex plaza, +subject to the following restrictions: +         (A)   The signs may not be HBA signs. +         (B)   Each sign may not exceed 144 square feet in effective area. +         (C)   The signs may not be located more than 170 feet above the base +of the building to which the architectural element is attached. +         (D)   The signs may project above the architectural element to which +they are attached. +��        (E)   The signs may project outward from the architectural element to +which they are attached. +         (F)   All of the signs must be located on the same architectural +element. +         (G)   The signs are subject to the limitations on the number of words +or characters in Subsection (b)(2) above. +      (4)   Media Wall Signs. A maximum of eight projecting attached changeable +message signs are permitted on a facade facing an entertainment complex plaza, +subject to the following restrictions: +         (A)   The signs may not be HBA signs. +         (B)   Each sign may not exceed 967 square feet in effective area. +         (C)   The signs may move along the structural framing to which they +are attached and converge to form one or more screens that exceed 967 square +feet in effective area. +         (D)   The signs may not be located more than 85 feet above the base of +the building to which the signs are attached. +         (E)   The signs may project outward from the structural framing or +building to which they are attached. +         (F)   The signs may not project above the building to which they are +attached. +         (G)   No facade may have more than five media wall signs. +         (H)   The signs may be attached to the exterior structural framing of +the building or the building itself. +      (5)   Portal Sign. One projecting attached changeable message sign is +permitted on a building adjacent to the eastern edge of an entertainment +complex plaza, subject to the following restrictions: +         (A)   The sign may not be an HBA sign. +         (B)   The sign may not exceed 2,135 square feet in effective area. +         (C)   The sign may not be located more than 85 feet above the base of +the building to which the sign is attached. +         (D)   The sign must be oriented to the south, southeast, or east. +         (E)   The sign may be attached to one or more facades, so that it +wraps around the building. +         (F)   The sign may be attached to the exterior structural framing of +the building or the building itself. +         (G)   The sign may project outward from the structural framing or +building to which it is attached. +         (H)   The sign may not project above the building to which it is +attached. +      (6)   Ticker sign. Two projecting attached changeable message signs are +permitted on an architectural element that is part of a building adjacent to +the eastern or western edge of an entertainment complex plaza, subject to the +following restrictions: +         (A)   The sign may not be an HBA sign. +         (B)   The sign may not exceed 1,000 square feet in effective area. +         (C)   The sign may not be located more than 40 feet above the base of +the building to which the architectural element is attached. +         (D)   Except as provided in Subparagraph (E), the sign may be attached +to a maximum of two facades, so that it wraps around the building. +         (E)   The sign must be primarily oriented towards either the +entertainment complex plaza or Olive Street. +         (F)   The sign may not project above the building to which the +architectural element is attached. +         (G)   The sign may project outward from the architectural element to +which it is attached. +      (7)   Entertainment complex plaza accent lighting. Facades facing the +entertainment complex plaza may have building accent lighting consisting of LED +or similar technology that changes colors or brightness. All messages are +limited to images, symbols, logos, or words that are associated with district +activities. +   (d)   Additional signs in Subareas B-2 and B-3: +      (1)   Hotel spectacular sign. One non-premise flat attached changeable +message sign is permitted on an architectural element that is part of a +building in Subarea B-2, subject to the following restrictions: +         (A)   The sign may not be an HBA sign. +         (B)   The sign is permitted on a premise with detached signs. +         (C)   The sign is in addition to all other signs permitted on a +premise. +         (D)   The sign may not exceed 1,680 square feet in effective area. +         (E)   The sign may not be located more than 170 feet above the base of +the building to which the architectural element is attached. +         (F)   The sign may not project above the building to which it is +attached. +         (G)   The sign may project outward from the building or architectural +element to which it is attached. +         (H)   The sign must be oriented to the north, northwest, or west. +         (I)   The sign may be attached to one or more facades, so that it +wraps around the building. +         (J)   If a portion of the sign is static, the static portion is +subject to the restrictions on the number of words or characters in Subsection +(b)(2) above. +      (2)   Parking structure screening signs. Attached signs are permitted on +parking structures in Subarea B-3, subject to the following restrictions: +         (A)   Visual display and coverage. +            (i)   The maximum effective area of text may not exceed 20 percent. +The effective area of text is the sum of the areas within minimum imaginary +rectangles of vertical and horizontal lines, each of which fully contains a +word. +            (ii)   Multiple displays giving an appearance of multiple signs are +prohibited. +             (iii)   A parking structure screening sign must be at least 10 +feet above adjacent average grade. +            (iv)   A parking structure screening sign may be internally or +externally illuminated. If internally illuminated, a parking structure +screening sign may consist of translucent materials, but not transparent +materials. Illumination must be turned off between 1:00 a.m. and 7:00 a.m. +Monday through Friday and 2:00 a.m. and 8:00 a.m. on Saturday and Sunday. +            (v)   Minimum permitted effective area of a parking structure +screening sign is 750 square feet. +         (B)   Location and construction. +             (i)   The sign may not be an HBA sign. +            (ii)   A parking structure screening sign may only be located on a +blank wall face or on the facade of a parking structure facing north, west, or +south. +            (iii)   The parking structure must comply with the Dallas Building +Code parking structure ventilation requirements. +            (iv)   No parking structure screening sign may cover any window or +architectural or design feature of the building to which it is attached. +            (v)   A parking structure screening sign may wrap around the edge +of a building if both building facades to which the parking structure screening +sign is attached are eligible facades and the parking structure screening sign +is one continuous image. +   (e)   Permanent detached signs. The only permanent detached signs permitted +in this subdistrict are signs provided for in this subsection. +      (1)   Kiosks. Kiosks are permitted subject to the following regulations: +         (A)   No more than 20 kiosks are permitted in this district. +         (B)   Kiosks within the same block face and within 20 feet of the +right-of-way line of a public street must be spaced at least 50 feet apart. +         (C)   No kiosk may be illuminated by a detached independent external +light source. +         (D)   Kiosks may not be located on sidewalks unless a minimum +unobstructed sidewalk width of 10 feet is maintained. If, however, a greater +unobstructed sidewalk is required in the ordinance establishing Planned +Development District No. 582, then that greater unobstructed sidewalk width +requirement must be maintained. +         (E)   Kiosks must be securely anchored to the ground. +         (F)   No kiosk may exceed ten feet in height, measured from the ground +at the base of the kiosk, or 100 square feet in effective area. +         (G)   Kiosks may display premise or non-premise signs. If the sign +displayed is a non-premise non-changeable message sign or a non-premise non- +digital changeable message sign, 30 percent of the effective area of the sign +must identify a district activity. If the sign displayed is a non-premise +digital changeable message sign, the sign must identify a district activity 30 +percent of the time measured on a 24- hour basis. +      (2)   Monument signs. Each premise fronting on a public street or private +access easement may have one monument sign. Premises that have more than 250 +feet of frontage along a public street or private access easement, other than +an alley, may have not more than one additional monument sign for each +additional 250 feet of frontage or fraction thereof. No monument sign may +exceed 250 square feet in effective area or 10 feet in height. +      (3)   Water tower sign. One non-premise sign is permitted on a water +tower in this subdistrict subject to the following regulations: +         (A)   The sign is limited to two words. +         (B)   The sign may only identify the name or logo of this district. +         (C)   The sign may not exceed 110 feet in height. +         (D)   The sign must be painted on the water tower. +      (4)   All other detached signs. The following additional detached signs +are permitted: +         (A)   Non-premise detached signs may be located in private access +easements. No such sign may exceed 30 feet in height or have a sign face that +exceeds six feet in height. Each such sign must have a minimum clearance of 14 +feet above the ground. Signs permitted under this subparagraph must be spaced +at least 250 feet apart. +         (B)   The owner or operator of a surface parking lot may erect one +non-premise detached sign for each vehicular entrance to the parking lot, and +one additional non-premise detached sign for each 40,000 square feet of parking +surface. Signs permitted under this subparagraph: +            (i)   may not exceed 30 square feet in effective area or 20 feet in +height; +            (ii)   must be spaced at least 100 feet apart; and +            (iii)   must be located at least five feet from the lot line or +public right-of-way line, whichever creates the greater setback. +A minimum of 30 percent of the effective area of each sign must identify a +district activity. +         (C)   Two additional non-premise detached signs are permitted in this +subdistrict subject to the following provisions: +            (i)   No sign may exceed 66 feet in height, measured from the +ground at the base of the sign. +            (ii)   No sign may exceed 1,500 square feet in effective area. +            (iii)   The signs must be spaced 400 feet from each other and if +the sign is an HBA sign, it must be spaced 100 feet from any detached HBA sign. +            (iv)   No sign may be nearer than five feet to the lot line or +public right-of-way line, whichever creates the greater setback. +            (v)   No sign may exceed one foot in width for every three feet in +height, measured from the ground at the base of the sign. +            (vi)   The signs must consist of individual panels. Messages may +only be displayed on the individual panels. Each panel must be separated from +the others by at least one foot of air space, and, except as otherwise +provided, no single panel may have an effective area that exceeds 250 square +feet. One panel of a sign may have an effective area of up to 500 square feet +if: (aa) the panel is an electronic changeable message panel, and (bb) the +message displayed on the panel only identifies district activities. +            (vii)   A minimum of 50 percent of the cumulative effective area of +each sign must identify district activities. +         (D)   One additional non-premise detached sign is permitted in this +subdistrict subject to the following provisions: +            (i)   The sign may not exceed 30 feet in height, measured from the +ground at the base of the sign. +            (ii)   The sign may not exceed 600 square feet in effective area. +            (iii)   If the sign is an HBA sign, the sign must be spaced at +least 200 feet from any other detached HBA sign. +            (iv)   The sign may not be nearer than five feet to the lot line or +public right-of-way line, whichever creates the greater setback. +            (v)   The sign must be located on the same premise as an +entertainment complex use. +            (vi)   A minimum of 70 percent of the sign’s effective area must +identify district activities. +      (5)   Vent stack signs prohibited. Except as provided in this paragraph, +no sign may be located on a vent stack. In Subarea B-2, a vent stack may be +used as a monument sign or monument district identification sign. +   (f)   Temporary signs. The only temporary signs permitted in this +subdistrict are special purpose signs, temporary protective signs, temporary +signs on construction fencing, and “for sale,” “for lease,” “remodeling,” and +“under construction” signs. These temporary signs are in addition to all other +signs permitted in this ordinance. +   (g)   Special purpose signs. +      (1)   Illumination. Special purpose signs may be externally illuminated, +and, except for banners, may be internally illuminated or “back-lighted.” +      (2)   Premise special purpose signs. +         (A)   Attached premise special purpose signs. +            (i)   In general.   An occupancy may have one attached premise +special purpose sign up to four times within any twelve-month period as long as +the sign: +               (aa)   is displayed for no more than 45 days each time during +the twelve-month period; and +               (bb)   has no more than 10 words that contain any character +equal to or exceeding four inches in height. +            (ii)   Entertainment complex plaza.    There is no limit on the +number of attached premise special purpose signs that may be erected on the +facade of a building facing and adjacent to an entertainment complex plaza. No +attached premise special purpose sign may be maintained for more than 45 days +in any given twelve-month period. +         (B)   Detached premise special purpose signs. +            (i)   An occupancy may have a detached premise special purpose sign +no more than three times each calendar year for no more than 38 consecutive +days each time. No detached premise special purpose sign may be erected at an +occupancy during the 30-day period immediately following the removal of a +detached premise special purpose sign from that occupancy. +            (ii)   Detached premise special purpose signs must: +               (aa)   be located at least 100 feet apart; +               (bb)   not exceed eight feet in height; and +               (cc)   not exceed 50 square feet in effective area. +            (iii)   No more than one detached premise special purpose sign may +be erected on each street or private access easement that the premise fronts +on. +      (4)   Non-premise special purpose signs. +         (A)   In general. Non-premise special purpose signs are permitted +subject to the following regulations: +            (i)   Except as provided in Subparagraph (A)(ii) below, non-premise +special purpose signs may only display promotional and welcome messages. +            (ii)   Up to 10 percent of the effective area of a non-premise +special purpose sign may contain commercial advertisement. The name of the +event or activity identified in a promotional message is not considered +commercial advertisement even if the event or activity is named after the +sponsor. +            (iii)   A non-premise special purpose sign may not be erected more +than 30 days before the beginning of the advertised activity or event, and must +be removed no later than 10 days after the activity or event has ended. +            (iv)   The sign hardware for a banner may be left in place between +displays of a banner. +         (B)   Attached non-premise special purpose signs. +            (i)   The only attached non-premise special purpose signs permitted +in this subdistrict are banners. +            (ii)   Banners may be displayed on the facade of a building that is +adjacent to an entertainment complex plaza, except that no portion of a banner +may be located on the facade at a point above 66 feet in height. There is no +limit on the number or size of these banners. +            (iii)   Banners may also be displayed on the facades of buildings +that are not adjacent to an entertainment complex plaza, except that no portion +of a banner may be located on the facade at a point above 36 feet in height. No +banner may exceed 200 square feet in effective area, and all banners must be +spaced at least 100 feet apart. +         (C)   Detached non-premise special purpose signs. The only detached +non-premise special purpose signs permitted in this subdistrict are as follows: +            (i)   Banners on street light poles. Banners are permitted on +street light poles as long as the banners and their hardware: +               (aa)   Meet the sign construction and design standards contained +in the Dallas Building Code; +               (bb)   are at least 12 feet above grade, unless they overhang a +roadway, in which case they must be at least 15 feet above grade; +               (cc)   do not project more than three feet from the pole on +which they are mounted; +               (dd)   do not exceed 50 square feet in effective area; and +               (ee)   are made out of weather-resistant and rustproof material. +            (ii)   Other banners crossing the public way. Banners may be +displayed over and across the public way. No portion of a banner may be located +more than 35 feet above grade, or less than 14 feet above any street, sidewalk, +or other pedestrian area. The height of a sign face may not exceed six feet. +All banners must be spaced at least 100 feet apart. +            (iii)   Other signs located in the right-of-way. Signs may be +displayed on any public sidewalk or other public pedestrian area if an +unobstructed 10-foot sidewalk or pedestrian walkway area is maintained. No sign +may exceed an effective area of 50 square feet, or a height of 10 feet. No more +than one sign is permitted per blockface. +   (h)   Other temporary signs. +      (1)   Temporary protective signs. In addition to the other protective +signs permitted under Section +51A-7.1718, temporary protective signs may be erected anywhere on a +construction site at anytime during construction. There is no limit on the +number of these signs, but no sign may exceed 20 square feet in effective area +or eight feet in height. Temporary protective signs may be illuminated, but no +lighting source may project more than three inches from the vertical surface +of, or six inches above the top of, the sign. All temporary protective signs +must be removed upon completion of the construction. +      (2)   Temporary signs on construction fencing. Temporary signs may be +erected on construction fencing subject to the following provisions: +         (A)   The signs must be spaced at least 50 feet apart. +         (B)   No sign may exceed 128 square feet in effective area or eight +feet in height. +         (C)   No sign may project more than three inches from the vertical +surface of, or six inches above the top of, the fence. +         (D)   The signs may be illuminated. +         (E)   The signs may only identify the project under construction and +its owners, developers, future tenants, lenders, architects, engineers, project +consultants, and contractors. +         (F)   The signs must be removed upon completion of the construction. +      (3)   “For Sale,” “For Lease,” “Remodeling,” and “Under Construction” +signs. Signs that relate exclusively to the sale, lease, construction, or +remodeling of the premises on which they are located are permitted. There is no +limit to the number of attached signs permitted. Detached signs are limited to +one for each 100 feet of frontage on a public street or private access +easement. If attached to a window, the maximum effective area of the sign is 16 +square feet; if attached to other portions of a facade, the maximum effective +area is 32 square feet. No detached sign may exceed 128 square feet in +effective area or 16 feet in height. +   (i)   Illuminated Projection Signs. A maximum of five non-premise signs +created by the projection of light onto an entertainment complex plaza adjacent +to an entertainment complex are permitted. The projection of light may +originate from a premise other than the premise upon which the light is cast. +These illuminated projection signs are in additional to all other signs +permitted on a premise. The signs may not be HBA signs. (Ord. Nos. 24348; +25918; 30043) +SEC. 51A-7.1728.   SIGN REGULATIONS FOR SUBDISTRICT C (EXPRESSWAY ADJACENCY +SUBDISTRICT). +   (a)   Permanent attached signs. The only permanent attached signs permitted +in this subdistrict are signs provided for in this subsection. +      (1)   Number of permitted signs. +         (A)   Each premise or non-residential occupancy is entitled to one +attached sign per facade. +         (B)   In addition to the signs permitted in Subparagraph (A), the +following flat attached non-premise signs are permitted on expressway-facing +facades in this subdistrict: +            (i)   On three expressway-facing facades, two non-premise signs +with a maximum number of 10 words each, regardless of the size of any character +in the word, are permitted. No sign may exceed 672 square feet in effective +area or be a changeable message sign. One of the two signs on each facade is +limited to advertising district activities. +            (ii)   In lieu of one of the three facades permitted attached non- +premise signs in Subparagraph (i) above and one 1,500-square-foot detached non- +premise sign permitted in Subsection (b) of this section, one expressway-facing +facade may have an unlimited number of non-premise signs. The cumulative +effective area of all non-premise signs on that facade, however, may not exceed +22 percent of the area of the building facade below 66 feet in height. There is +no limit on the number of words permitted on a sign. Only one marquee sign and +one other changeable message sign, not to exceed 500 square feet in effective +area, are permitted on that facade. These signs are limited to advertising +district activities. +            (iii)   For purposes of calculating the maximum effective area of a +non-premise attached sign in this subdistrict, the building official shall draw +a minimum imaginary rectangle of vertical and horizontal lines around all +extremities of the attached non-premise sign. The area within the minimum +imaginary rectangle is the effective area of the sign. +         (C)   In addition to the signs permitted in Subparagraphs (A) and (B), +a non-residential occupancy wholly located within Subarea C-1 is entitled to +one additional attached sign per facade, up to a maximum of two signs per +facade. For a facade located partially within Subarea C-1 and partially outside +of Subarea C-1, the maximum number of attached premise signs per non- +residential occupancy located on that part of the facade located within Subarea +C-1 is two, limited to four attached premise signs total for the entire facade. +      (2)   Number of words or characters generally. +         (A)   Except as otherwise provided in this paragraph or in Paragraph +(1), no person may erect a sign which contains more than 10 words consisting of +any characters of a height equal to or exceeding four inches on any building +facade. Words consisting of characters less than four inches in height may be +used without limit. +         (B)   There is no limit as to the number of words containing +characters of a height equal to or exceeding four inches on a marquee or other +changeable message sign. +      (3)   Premise and non-premise signs. Except for the attached non-premise +signs permitted in Paragraph (1), all attached permanent signs in this +subdistrict must be premise signs or convey a noncommercial message. +      (4)   Effective area limitations for certain attached signs. +         (A)   Except as provided in Subsection (a)(1)(B)(ii) of this section +or as further restricted below, the maximum effective area of a changeable +message sign is 1,000 square feet. +         (B)   The maximum effective area of a marquee sign is 250 square feet. +         (C)   The maximum effective area of an awning or canopy sign is 150 +square feet. +         (D)   There is no maximum effective area for a parapet sign. +         (E)   The maximum effective area for all other projecting attached +signs is 20 square feet. +      (5)   Cumulative effective area limitations for all attached signs. +         (A)   Except as provided in Subparagraph (B), the cumulative effective +area of all permanent attached signs on an expressway-facing facade may not +exceed 22 percent of the total area of the facade. +         (B)   The cumulative effective area of all permanent attached signs on +the expressway-facing facade that is permitted to have an unlimited number of +non-premise attached signs pursuant to Subsection (a)(1)(B)(ii) may not exceed +32 percent of the total area of the facade. +         (C)   The cumulative effective area of all permanent attached signs on +a facade that does not face an expressway may not exceed 20 percent of the +total area of the facade. +      (6)   Spacing of attached non-premise signs. HBA signs on a facade must +be spaced a minimum of 1000 feet from all HBA signs on another facade. There +are no spacing requirements for HBA signs on the same facade. +      (7)   Signs overhanging or projecting into the public right-of-way. +         (A)   Attached signs overhanging the public right-of-way are permitted +as long as each sign is a minimum of 10 feet above the sidewalk grade. +         (B)   No portion of a marquee sign may: +            (i)   project more than eight feet into the public right-of-way; or +            (ii)   be located less than two feet from the back of a street +curb. +         (C)   For all other projecting attached signs, no portion of the signs +may: +            (i)   project more than four feet into the public right-of-way; or +            (ii)   be located less than two feet from the back of the street +curb. +      (8)   Parapet signs. Parapet signs are permitted in this subdistrict. No +parapet sign may project more than four feet above the edge of the roof, +regardless of whether the sign is attached to a parapet wall or the roof’s +edge. +      (9)   Roof signs. Roof signs are prohibited in this subdistrict. +      (10)   No limitation on projecting attached signs. Projecting attached +signs are permitted on premises with detached signs. +      (11)   Limitations on changeable message signs. +         (A)   A premise is entitled to only one marquee sign per facade, +except that one additional marquee sign is permitted on that facade if the +width of the facade is more than 300 feet. +         (B)   A premise is entitled to two additional changeable message signs +per facade as long as the signs are not marquee signs. +         (C)   No portion of a changeable message sign may be located at a +point on the facade above 66 feet in height. +      (12)   Location limitation on projecting attached signs. Except for a +parapet sign, no portion of a projecting attached sign may be located at a +point on the facade above 66 feet in height. +      (13)   Location limitation on non-premise signs. No portion of a non- +premise sign may be located at a point on the facade above 66 feet in height. +      (14)   Signs projecting over the roof line. Except for a parapet sign, no +attached sign may project over a building. +   (b)   Permanent detached signs. The only permanent detached signs permitted +in this subdistrict are signs provided for in this subsection. +      (1)   Kiosks. Kiosks are permitted subject to the following regulations: +         (A)   No more than 20 kiosks are permitted in this district. +         (B)   Kiosks within the same block face and within 20 feet of the +right-of-way line of a public street must be spaced at least 50 feet apart. +         (C)   No kiosk may be illuminated by a detached, independent external +light source. +         (D)   Kiosks may not be located on sidewalks unless a minimum +unobstructed sidewalk width of 10 feet is maintained. If, however, a greater +unobstructed sidewalk is required in the ordinance establishing Planned +Development District No. 582, then that greater unobstructed sidewalk width +requirement must be maintained. +         (E)   Kiosks must be securely anchored to the ground. +         (F)   No kiosk may exceed ten feet in height, measured from the ground +at the base of the kiosk, or 100 square feet in effective area. +         (G)   Kiosks may display premise or non-premise signs. If the sign +displayed is a non-premise non-changeable message sign or a non-premise non- +digital changeable message sign, 30 percent of the effective area of the sign +must identify a district activity. If the sign displayed is a non-premise +digital changeable message sign, the sign must identify a district activity 30 +percent of the time measured on a 24- hour basis. +      (2)   Monument signs. Each premise fronting on a public street or private +access easement may have one monument sign. Premises which have more than 250 +feet of frontage along a public street or private access easement, other than +an alley, may have not more than one additional monument sign for each +additional 250 feet of frontage or fraction thereof. No monument sign may +exceed 250 square feet in effective area or 10 feet in height. +      (3)   All other detached signs. The following additional detached signs +are permitted: +         (A)   Non-premise detached signs may be located in private access +easements. No such sign may exceed 30 feet in height or have a sign face that +exceeds six feet in height. Each such sign must have a minimum clearance of 14 +feet above the ground. Signs permitted under this subparagraph must be spaced +at least 250 feet apart. +         (B)   The owner or operator of a surface parking lot may erect one +non-premise detached sign for each vehicular entrance to the parking lot, and +one additional premise or non-premise detached sign for each 40,000 square feet +of parking surface. Signs permitted under this subparagraph: +            (i)   may not exceed 20 square feet in effective area or 20 feet in +height; +            (ii)   must be spaced at least 100 feet apart; and +            (iii)   must be located at least five feet from the lot line or +public right-of-way line, whichever creates the greater setback. +A minimum of 30 percent of the effective area of each sign must identify a +district activity. +         (C)   Two additional non-premise detached signs are permitted in this +subdistrict subject to the following provisions: +            (i)   No sign may exceed 66 feet in height, measured from the +ground at the base of the sign. +            (ii)   No sign may exceed 1,500 square feet in effective area. +            (iii)   The signs must be spaced at least 1,500 feet from each +other and at least 100 feet from any detached HBA sign. +            (iv)   No sign may be nearer than five feet to the lot line or +public right-of-way line, whichever creates the greater setback. +            (v)   No sign may exceed one foot in width for every three feet in +height, measured from the ground at the base of the sign. +            (vi)   The signs must consist of individual panels. Messages may +only be displayed on the individual panels. Each panel must be separated from +the others by at least one foot of air space, and except as otherwise provided, +no single panel may have an effective area that exceeds 250 square feet. One +panel of a sign may have an effective area of up to 500 square feet if: (aa) +the panel is an electronic changeable message panel, and (bb) the message +displayed on the panel only identifies district activities. +            (vii) A minimum of 50 percent of the cumulative effective area of +each sign must identify district activities. +      (4)   Vent stack signs prohibited. No sign may be located on a vent stack +in this subdistrict. +   (c)   Temporary signs. The only temporary signs permitted in this +subdistrict are special purpose signs, temporary protective signs, temporary +signs on construction fencing, and “for sale,” “for lease,” “remodeling,” and +“under construction” signs. These temporary signs are in addition to all other +signs permitted in this ordinance. +   (d)   Special purpose signs. +      (1)   Illumination. Special purpose signs may be externally illuminated, +and, except for banners, may be internally illuminated or “back-lighted.” +      (2)   Premise special purpose signs. +         (A)   Attached premise special purpose signs. An occupancy may have +one attached premise special purpose sign up to four times within any twelve- +month period as long as the sign: +            (i)   is displayed for no more than 45 days each time during the +twelve-month period; and +            (ii)   has no more than 10 words that contain any character equal +to or exceeding four inches in height. +         (B)   Detached premise special purpose signs. +            (i)   An occupancy may have a detached premise special purpose sign +no more than three times each calendar year for no more than 38 consecutive +days each time. No detached premise special purpose sign may be erected at an +occupancy during the 30-day period immediately following the removal of a +detached premise special purpose sign from that occupancy. +            (ii)   Detached premise special purpose signs must: +               (aa)   be located at least 100 feet apart; +               (bb)   not exceed eight feet in height; and +               (cc)   not exceed 50 square feet in effective area. +            (iii)   No more than one detached premise special purpose sign may +be erected on each street or private access easement that the premise fronts +on. +      (4)   Non-premise special purpose signs. +         (A)   In general. Non-premise special purpose signs are permitted +subject to the following regulations: +            (i)   Except as provided below, non-premise special purpose signs +may only display promotional and welcome messages. +            (ii)   Up to 10 percent of the effective area of a non-premise +special purpose sign may contain commercial advertisement. The name of the +event or activity identified in a promotional message is not considered +commercial advertisement even if the event or activity is named after the +sponsor. +            (iii)   A non-premise special purpose sign may not be erected more +than 30 days before the beginning of the advertised activity or event, and must +be removed no later than 10 days after the activity or event has ended. +            (iv)   The sign hardware for a banner may be left in place between +displays of a banner. +         (B)   Attached non-premise special purpose signs. Attached non-premise +special purpose signs are prohibited in this subdistrict. +         (C)   Detached non-premise special purpose signs. The only detached +non-premise special purpose signs permitted in this subdistrict are as follows: +            (i)   Banners on street light poles. Banners are permitted on +street light poles as long as the banners and their hardware: +               (aa)   meet the sign construction and design standards contained +in the Dallas Building Code; +               (bb)   are at least 12 feet above grade, unless they overhang a +roadway, in which case they must be at least 15 feet above grade; +               (cc)   do not project more than three feet from the pole on +which they are mounted; +               (dd)   do not exceed 50 square feet in effective area; and +               (ee)   are made out of weather-resistant and rustproof material. +            (ii)   Other banners crossing the public way. Banners may be +displayed over and across the public way. No portion of a banner may be located +more than 35 feet above grade, or less than 14 feet above any street, sidewalk, +or other pedestrian area. The height of a sign face may not exceed six feet. +All banners must be spaced at least 100 feet apart. +   (e)   Other temporary signs. +      (1)   Temporary protective signs. In addition to the other protective +signs permitted under Section +51A-7.1718, temporary protective signs may be erected anywhere on a +construction site at anytime during construction. There is no limit on the +number of these signs, but no sign may exceed 20 square feet in effective area +or eight feet in height. Temporary protective signs may be illuminated, but no +lighting source may project more than three inches from the vertical surface +of, or six inches above the top of, the sign. All temporary protective signs +must be removed upon completion of the construction. +      (2)   Temporary signs on construction fencing. Temporary signs may be +erected on construction fencing subject to the following provisions: +         (A)   The signs must be spaced at least 50 feet apart. +         (B)   No sign may exceed 128 square feet in effective area or eight +feet in height. +         (C)   No sign may project more than three inches from the vertical +surface of, or six inches above the top of, the fence. +         (D)   The signs may be illuminated. +         (E)   The signs may only identify the project under construction and +its owners, developers, future tenants, lenders, architects, engineers, project +consultants, and contractors. +         (F)   The signs must be removed upon completion of the construction. +      (3)   “For Sale,” “For Lease,” “Remodeling,” and “Under Construction” +signs. Signs that relate exclusively to the sale, lease, construction, or +remodeling of the premises on which they are located are permitted. There is no +limit to the number of attached signs permitted. Detached signs are limited to +one for each 100 feet of frontage on a public street or private access +easement. If attached to a window, the maximum effective area of the sign is 16 +square feet; if attached to other portions of a facade, the maximum effective +area is 32 square feet. No detached sign may exceed 128 square feet in +effective area or 16 feet in height. (Ord. Nos. 24348; 25918; 31410) +SEC. 51A-7.1729.   SIGN REGULATIONS FOR SUBDISTRICT D (OFFICE AND RESIDENTIAL +SUBDISTRICT). +   (a)   Permanent attached signs. The only permanent attached signs permitted +in this subdistrict are signs provided for in this subsection. +      (1)   Number of permitted signs. +         (A)   Except as provided in this paragraph, each premise or non- +residential occupancy is entitled to one attached sign per facade. +         (B)   In addition to the signs allowed in Subparagraph (A), each non- +residential occupancy located wholly within Subarea D-2 is allowed: +            (i)   one projecting attached sign per facade; +            (ii)   one marquee sign, canopy sign, or awning sign per facade; +and +            (iii)   one additional attached sign per facade. +         (C)   For a facade located partially within Subarea D-2 and partially +outside of Subarea D-2: +            (i)   The maximum number of attached premise signs per non- +residential occupancy located on that part of the facade located within Subarea +D-2 is four, limited to four attached premise signs total for the entire +facade. +            (ii)   The maximum total number of attached premise signs per non- +residential occupancy on a facade wholly or partially located in Subarea D-2 is +four. +      (2)   Number of words or characters. +          (A)   Except as otherwise provided in this paragraph, no person may +erect a sign which contains more than 10 words consisting of any characters of +a height equal to or exceeding four inches on any building facade. Words +consisting of characters less than four inches in height may be used without +limit. +          (B)   There is no limit as to the number of words containing +characters of a height equal to or exceeding four inches on a marquee or other +changeable message sign. +       (3)   Premise and non-premise signs. All attached permanent signs in +this subdistrict must be premise signs or convey a noncommercial message. +      (4)   Effective area limitations for certain attached signs. +         (A)   With the exception of a marquee sign, the maximum effective area +of a changeable message sign is 1,000 square feet. +         (B)   The maximum effective area of a marquee sign is 250 square feet. +         (C)   The maximum effective area of an awning or canopy sign is 150 +square feet. +         (D)   There is no maximum effective area for a parapet sign. +         (E)   The maximum effective area for a roof sign is 800 square feet. +         (F)   The maximum effective area for all other projecting attached +signs is 250 square feet. +      (5)   Cumulative effective area limitations for all attached signs. The +cumulative effective area of all permanent attached signs on a building facade +may not exceed 20 percent of the total area of the building facade on which the +signs are located. +      (6)   Signs overhanging or projecting into the public right-of-way. +         (A)   Attached signs overhanging the public right-of-way are permitted +as long as each sign is a minimum of 10 feet above the sidewalk grade. +         (B)   No portion of a marquee sign may: +            (i)   project more than eight feet into the public right-of-way; or +            (ii)   be located less than two feet from the back of a street +curb. +         (C)   For all other projecting attached signs, no portion of the signs +may: +            (i)   project more than four feet into the public right-of-way; or +            (ii)   be located less than two feet from the back of the street +curb. +      (7)   Parapet signs. Parapet signs are permitted in this subdistrict. No +parapet sign may project more than four feet above the edge of the roof, +regardless of whether the sign is attached to a parapet wall or the roof's +edge. +      (8)   Roof signs. A maximum of two roof signs are permitted in Subarea D- +2 only. +         (A)   A roof sign may only be erected on the roof of a main building. +         (B)   One roof sign per building is permitted. +         (C)   Roof signs may not exceed a height of 30 feet above the building +or one-third of the building height, whichever is less, measured from the +highest point of the roofline of the building upon which the sign is attached. +         (D)   The support for a roof sign must be constructed of open, exposed +metal framing. The metal must be painted or coated, or be composed of a +material that will not rust or corrode. +         (E)   A roof sign may not be a changeable message sign. +      (9)   No limitation on projecting attached signs. Projecting attached +signs are permitted on premises with detached signs. +      (10)   Limitation on changeable message signs. +         (A)   A premise is entitled to only one marquee sign per facade, +except that one additional marquee sign is permitted on that facade if the +width of the facade is more than 300 feet. +         (B)   A premise is entitled to two additional changeable message signs +per facade as long as the signs are not marquee signs. +         (C)   No portion of a changeable message sign is permitted at a point +on the facade above 66 feet in height. +          (11)   Signs projecting over the roof line. A projecting attached +sign, other than a roof sign in Subarea D-2, may project up to a maximum of +five feet above a building. No changeable message sign may project above a +building. +   (b)   Permanent detached signs. The only permanent detached signs permitted +in this subdistrict are signs provided for in this subsection. +      (1)   Kiosks. Kiosks are permitted subject to the following regulations: +         (A)   No more than 20 kiosks are permitted in this district. +         (B)   Kiosks within the same block face and within 20 feet of the +right- of-way line of a public street must be spaced at least 50 feet apart. +         (C)   No kiosk may be illuminated by a detached independent external +light source. +         (D)   Kiosks may not be located on sidewalks unless a minimum +unobstructed sidewalk width of 10 feet is maintained. If, however, a greater +unobstructed sidewalk is required in the ordinance establishing Planned +Development District No. 582, then that greater unobstructed sidewalk width +requirement must be maintained. +         (E)   Kiosks must be securely anchored to the ground. +         (F)   No kiosk may exceed ten feet in height, measured from the ground +at the base of the kiosk, or 100 square feet in effective area. +         (G)   Kiosks may display premise or non-premise signs. If the sign +displayed is a non-premise non-changeable message sign or a non-premise non- +digital changeable message sign, 30 percent of the effective area of the sign +must identify a district activity. If the sign displayed is a non-premise +digital changeable message sign, the sign must identify a district activity 30 +percent of the time measured on a 24-hour basis. +      (2)   Monument signs. Each premise fronting on a public street or private +access easement may have one monument sign. Premises which have more than 250 +feet of frontage along a public street or private access easement, other than +an alley, may have not more than one additional monument sign for each +additional 250 feet of frontage or fraction thereof. No monument sign may +exceed 250 square feet in effective area or 10 feet in height. +      (3)   All other detached signs. The following additional detached signs +are permitted: +         (A)   Non-premise detached signs may be located in private access +easements. No such sign may exceed 30 feet in height or have a sign face that +exceeds six feet in height. Each such sign must have a minimum clearance of 14 +feet above the ground. Signs permitted under this subparagraph must be spaced +at least 250 feet apart. +         (B)   The owner or operator of a parking lot or parking garage +(regardless of whether the parking garage stands alone or is part of a building +that houses another use) may erect one non-premise detached sign in Subarea D- +2 only, which may be a changeable message sign for each vehicular entrance to +the parking lot or parking garage, and one additional non-premise detached sign +for each 40,000 square feet of parking surface. Signs permitted under this +subparagraph: +            (i)   may not exceed 30 square feet in effective area or 20 feet in +height; +            (ii)   must be spaced at least 100 feet apart; and +            (iii)   must be located at least five feet from the lot line or +public right-of-way line, whichever creates the greater setback. +A minimum of 30 percent of the effective area of each sign must identify a +district activity. +      (4)   Vent stack signs prohibited. No sign may be located on a vent stack +in this subdistrict. +   (c)   Temporary signs. The only temporary signs permitted in this +subdistrict are special purpose signs, temporary protective signs, temporary +signs on construction fencing, and “for sale,” “for lease,” “remodeling,” and +“under construction” signs. These temporary signs are in addition to all other +signs permitted in this ordinance. +   (d)   Special purpose signs. +      (1)   Illumination. Special purpose signs may be externally illuminated, +and, except for banners, may be internally illuminated or “back-lighted.” +      (2)   Premise special purpose signs. +         (A)   Attached premise special purpose signs. An occupancy may have +one attached premise special purpose sign up to four times within any twelve- +month period as long as the sign: +            (i)   is displayed for no more than 45 days each time during the +twelve-month period; and +            (ii)   has no more than 10 words that contain any character equal +to or exceeding four inches in height. +         (B)   Detached premise special purpose signs. +            (i)   An occupancy may have a detached premise special purpose sign +no more than three times each calendar year for no more than 38 consecutive +days each time. No detached premise special purpose sign may be erected at an +occupancy during the 30-day period immediately following the removal of a +detached premise special purpose sign from that occupancy. +            (ii)   Detached premise special purpose signs must: +               (aa)   be located at least 100 feet apart; +               (bb)   not exceed eight feet in height; and +               (cc)   not exceed 50 square feet in effective area. +            (iii)   No more than one detached premise special purpose sign may +be erected on each street or private access easement that the premise fronts +on. +      (4)   Non-premise special purpose signs. +         (A)   In general. Non- premise special purpose signs are permitted +subject to the following regulations: +            (i)   Except as provided below, non-premise special purpose signs +may only display promotional and welcome messages. +            (ii)   Up to 10 percent of the effective area of a non-premise +special purpose sign may contain commercial advertisement. The name of the +event or activity identified in a promotional message is not considered +commercial advertisement even if the event or activity is named after the +sponsor. +            (iii)   A non- premise special purpose sign may not be erected more +than 30 days before the beginning of the advertised activity or event, and must +be removed no later than 10 days after the activity or event has ended. +            (iv)   The sign hardware for a banner may be left in place between +displays of a banner. +         (B)   Attached non- premise special purpose signs. Attached non- +premise special purpose signs are prohibited in this subdistrict. +         (C)   Detached non- premise special purpose signs. The only detached +non-premise special purpose signs permitted in this subdistrict are as follows: +            (i)   Banners on street light poles. Banners are permitted on +street light poles as long as the banners and their hardware: +               (aa)    meet the sign construction and design standards +contained in the Dallas Building Code; +               (bb)   are at least 12 feet above grade, unless they overhang a +roadway, in which case they must be at least 15 feet above grade; +               (cc)   do not project more than three feet from the pole on +which they are mounted; +               (dd)   do not exceed 50 square feet in effective area; and +               (ee)   are made out of weather-resistant and rustproof material. +            (ii)   Other banners crossing the public way. Banners may be +displayed over and across the public way. No portion of a banner may be located +more than 35 feet above grade, or less than 14 feet above any street, sidewalk, +or other pedestrian area. The height of a sign face may not exceed six feet. +All banners must be spaced at least 100 feet apart. +   (e)   Other temporary signs. +      (1)   Temporary protective signs. In addition to the other protective +signs permitted under Section 51A-7.1718, temporary protective signs may be +erected anywhere on a construction site at anytime during construction. There +is no limit on the number of these signs, but no sign may exceed 20 square feet +in effective area or eight feet in height. Temporary protective signs may be +illuminated, but no lighting source may project more than three inches from the +vertical surface of, or six inches above the top of, the sign. All temporary +protective signs must be removed upon completion of the construction. +      (2)   Temporary signs on construction fencing. Temporary signs may be +erected on construction fencing subject to the following provisions: +         (A)   The signs must be spaced at least 50 feet apart. +         (B)   No sign may exceed 128 square feet in effective area or eight +feet in height. +         (C)   No sign may project more than three inches from the vertical +surface of, or six inches above the top of, the fence. +         (D)   The signs may be illuminated. +         (E)   The signs may only identify the project under construction and +its owners, developers, future tenants, lenders, architects, engineers, project +consultants, and contractors. +         (F)   The signs must be removed upon completion of the construction. +      (3)   “For Sale,” “For Lease,” “Remodeling,” and “Under Construction” +signs. Signs that relate exclusively to the sale, lease, construction, or +remodeling of the premises on which they are located are permitted. There is no +limit to the number of attached signs permitted. Detached signs are limited to +one for each 100 feet of frontage on a public street or private access +easement. If attached to a window, the maximum effective area of the sign is 16 +square feet; if attached to other portions of a facade, the maximum effective +area is 32 square feet. No detached sign may exceed 128 square feet in +effective area or 16 feet in height. +   (f)   Additional signs in Subarea D-1: Parking structure screening signs. +      (1)   Visual display and coverage. +         (A)   The maximum effective area of text may not exceed 20 percent. +The effective area of text is the sum of the areas within minimum imaginary +rectangles of vertical and horizontal lines, each of which fully contains a +word. +         (B)   Multiple displays giving an appearance of multiple signs are +prohibited. +         (C)   A parking structure screening sign must be at least 10 feet +above adjacent average grade. +         (D)   A parking structure screening sign may be internally or +externally illuminated. If internally illuminated, a parking structure +screening sign may consist of translucent materials, but not transparent +materials. Illumination must be turned off between 1:00 a.m. and 7:00 a.m. +Monday through Friday and 2:00 a.m. and 8:00 a.m. on Saturday and Sunday. +         (E)   Minimum permitted effective area of a parking structure +screening sign is 750 square feet. +      (2)   Location and construction. +         (A)   The sign may not be an HBA sign. +         (B)   A parking structure screening sign may only be located on a +blank wall face or on the facade of a parking structure facing north, east, or +south. +         (C)   The parking structure must comply with the Dallas Building Code +parking structure ventilation requirements. +         (D)   No parking structure screening sign may cover any window or +architectural or design feature of the building to which it is attached. +         (E)   A parking structure screening sign may wrap around the edge of a +building if both building facades to which the parking structure screening sign +is attached are otherwise eligible facades and the parking structure screening +sign is one continuous image. (Ord. Nos. 24348; 25918; 30043; 31410) +SEC. 51A-7.1730.   NON-CONFORMANCE AND BOARD OF ADJUSTMENT AUTHORITY. +   (a)   Purpose of section. It is the declared purpose of this division that, +in time, all privately owned signs shall either conform to the provisions of +this division or be removed. By the passage of this ordinance and its +amendments, no presently illegal sign shall be deemed to have been legalized +unless such sign complies with all current standards under the terms of this +ordinance and all other ordinances of the city of Dallas. Any sign which does +not conform to all provisions of this ordinance shall be a nonconforming sign +if it legally existed as a conforming or nonconforming sign under prior +ordinances; or an illegal sign if it did not exist as a conforming or +nonconforming sign, as the case may be. It is further the intent and declared +purpose of this ordinance that this division, and not the provisions of +Article IV, shall exclusively govern how non-conforming signs in this district +are treated. It is further the intent and declared purpose of this ordinance +that no offense committed, and no liability, penalty or forfeiture, either +civil or criminal, incurred prior to the time this ordinance was adopted shall +be discharged or affected by such passage, but prosecutions and suits for such +offenses, liabilities, penalties or forfeitures may be instituted, and causes +presently pending may proceed. +   (b)   Removal and maintenance of certain non-conforming signs. +      (1)   A sign erected without a permit, either prior to or after the +adoption of this division, is an illegal sign if a permit was required for its +erection according to the law in effect at the time the sign was erected. It +shall be unlawful to maintain any illegal sign. It is a defense to prosecution +under this subsection if the sign has been made to comply with the provisions +of this division so that a permit may be issued. +      (2)   No person may repair a nonconforming sign if the cost of repair is +more than 60 percent of the cost of erecting a new sign of the same type at the +same location, unless that sign is brought into conformity with this chapter. +No person may alter or repair a nonconforming sign where the effect of such +repair shall be to enlarge or increase the structure of the nonconforming sign. +For purposes of this section, mono-pole, metal, and wood are each an example of +a “type” of sign and the term “repair” does not include maintenance or changes +of words or other content on the face of a sign. +   (c)   Board of Adjustment authority. +      (1)   The board of adjustment may, in specific cases, take the following +actions and authorize the following special exceptions with respect to the +provisions of this division. +      (2)   The board of adjustment may waive any filing fee for an appeal +under this division when the board finds that payment of the fee would result +in substantial financial hardship to the applicant. The applicant may either +pay the fee and request reimbursement as part of his appeal or request that the +matter be placed on the board’s miscellaneous docket for predetermination. If +the matter is placed on the miscellaneous docket, the applicant may not file +his appeal until the merits of the request for waiver have been determined by +the board. +      (3)   The board of adjustment may hear and decide appeals that allege +error in any order, requirement, decision, or determination made by the +building inspection division in the enforcement of this division. +      (4)   The board of adjustment may require a nonconforming sign to be +brought into immediate conformity with all current standards of all ordinances +of the city, or to be removed when, from the evidence presented, the board +finds the sign to be hazardous to the public or to have been abandoned by its +owners. +      (5)   Where a permit was required for a sign’s erection according to the +law in effect at the time the sign was erected and where the building +inspection division finds no record of a permit being issued, the board of +adjustment may authorize the issuance of a replacement permit when, from the +evidence presented, the board finds either that a permit was issued or that +arrangements were made with a sign company to obtain the permit. +   (d)   Determination of non-commercial message. +      (1)   Findings. The city council finds that it may be necessary in the +enforcement of this division to determine whether the message displayed upon a +sign is a commercial message or a noncommercial message. +      (2)   Hearing. If a person receives a notice of violation or is cited for +maintaining an illegal sign, and the person notifies the city attorney in +writing within 10 days of receiving the notice or citation that he believes the +sign displays a noncommercial message and is, therefore, not in violation of +this division, the city attorney shall postpone prosecution of the case and +shall have the matter placed on the agenda of the board of adjustment for +appeal under Section +51A-7.1730(c)(3) of this section. The board shall give the person maintaining +the sign 10 days written notice of a public hearing on the matter. After +hearing the evidence, the board shall decide whether the message displayed on +the sign is commercial or noncommercial. No fee may be charged for this appeal. +      (3)   Judicial Review. If the board decides that the message is +commercial and that the sign is illegal, the person maintaining the sign may +within 10 days of the board’s decision file a notice of nonacceptance of the +decision with the city attorney. Within three days after receiving notice of +nonacceptance, the city attorney shall initiate suit in the district court for +determination that the sign is commercial and for an injunction to prohibit +display of the sign in violation of this article. The city shall bear the +burden of showing that the sign is commercial. In computing the three-day time +period, Saturdays, Sundays, and legal holidays are excluded. (Ord. Nos. 24348; +25918) +SEC. 51A-7.1731.   RELOCATION OF NON- PREMISE SIGNS PROHIBITED. +   Non-premise signs located outside of this district and located on or +overhanging a parcel of land owned or acquired by a governmental entity may not +be relocated within this district. (Ord. 25918) +Division 51A-7.1800. Provisions for Southside Entertainment Sign District. +SEC. 51A-7.1801.   DESIGNATION OF SOUTHSIDE ENTERTAINMENT SIGN DISTRICT. +   (a)   A special provision sign district is hereby created to be known as the +Southside Entertainment Sign District. For purposes of this article, the +boundaries of the Southside Entertainment Sign District are that portion of +Planned Development District No. 317 (the Cedars Special Purpose District), +that is enclosed between the centerlines of Interstate Highway 30, the Dallas +Area Rapid Transit right-of-way, Belleview Road, and the MK&T railroad right- +of-way. +   (b)   This division incorporates by reference the provisions of Divisions +51A-7.100 through +51A-7.800 of +CHAPTER 51A, “PART II OF THE DALLAS DEVELOPMENT CODE,” as that division exists +today and as it may be amended in the future. In the event of a conflict +between the provisions of this division and Divisions +51A-7.100 through +51A-7.800, this division controls. +   (c)   Any portion of the property described in Subsection (a) that was +formerly part of the Downtown Special Provision Sign District is no longer +considered to be part of that district. This division completely supersedes +Division +51A-7.900 with respect to the property described in Subsection (a). (Ord. +24760) +SEC. 51A-7.1802.   PURPOSE. +   (a)   The purpose of these sign regulations is to regulate the construction +of new signs and the alteration of existing signs to promote economic growth in +this district as an entertainment district. +   (b)   These sign regulations have been developed to achieve the following +objectives in this district: +      (1)   To create a vibrant entertainment environment while ensuring that +signage does not obscure architecturally significant features of the buildings +in this district. +      (2)   To help create an aesthetically pleasing environment that promotes +economic growth in this district. (Ord. 24760) +SEC. 51A-7.1803.   DEFINITIONS. +      (1)   ARCADE SIGN means a sign that is mounted under a canopy or awning +and is perpendicular to the building to which the canopy or awning is attached. +This sign is intended to be read from the pedestrian walkway that the canopy or +awning covers. +      (2)   AREA INFORMATION SIGN means a sign providing information about any +of the following: +         (A)   The name, trade name, or logo of the owner or occupant of any +premise within this district. +         (B)   The identification of any premise within this district. +         (C)   Any accommodations, services or activities offered, or +conducted, other than incidentally, on any premise within this district. +         (D)   The sale, lease, or construction of any premise within this +district. +      (3)   ATTACHED SIGN means a sign that is attached to, applied on, or +supported by: any part of a building (such as a wall, parapet, roof, window, +canopy, awning, arcade, or marquee) that encloses or covers usable space; +mounted antennas; water reservoirs on buildings; chimneys; or visual screens +that surround roof-mounted equipment. +      (4)   AWNING means a fabric or vinyl surface supported by a metal (or +other similarly strong material) structure, which is applied to the face of a +building. +      (5)   AWNING SIGN means a sign attached to, painted on, or otherwise +applied to an awning. +      (6)   BANNER means a sign applied on a strip of cloth, vinyl, or similar +material and attached to a building or structure. Awning, canopy signs, and +flags are not banners. +      (7)   CANOPY means a permanent, non-fabric architectural element +projecting from the face of a building. +      (8)   CANOPY SIGN means a sign attached to, applied on, or supported by a +canopy, with no changeable message area. +      (9)   CHANGEABLE MESSAGE means the portion of a sign composed of Light +Emitting Diode (LED)/Liquid Crystal Display (LCD) elements, “Diamond Vision” +technology, slide lettering, slated rotating surfaces, or other changeable +message technology that displays different designs or advertisements. +      (10)   DISTRICT or THIS DISTRICT means the Southside Entertainment Sign +District. +      (11)   EFFECTIVE AREA means: +         (A)   for a detached sign, or a marquee sign, the area within a +minimum imaginary rectangle of vertical and horizontal lines that fully +contains all extremities of the sign excluding its supports. The rectangle is +calculated from an orthographic projection of the sign viewed horizontally. The +viewpoint for this projection that produces the largest rectangle must be used. +If elements of the sign are moveable or flexible, such as a flag or a string of +lights, the measurement is taken when the elements are fully extended and +parallel to the plane of view; +         (B)   for a sign placed on an awning, canopy, fence, construction +barricade, non-enclosing wall, planter, or other similar structure that is +designed to serve a separate purpose other than to support the sign, the entire +area of such structure may not be computed, and the effective area must be +measured by the rule for effective area for an attached sign; and +         (C)   for an attached sign other than a marquee sign, the sum of the +areas within minimum imaginary rectangles of vertical and horizontal lines, +each of which fully contains a word. If a design, outline, illustration, or +interior illumination surrounds or attracts attention to a word, then it is +included in the calculation of the effective area. +      (12)   EVENT SIGN means a temporary sign advertising any event at a +sports, musical, or arts venue in this district, including, but not limited to, +indoor motion picture theaters, theaters for live musical or dramatic +performances, indoor and outdoor concert halls, galleries, and exhibition +halls. +      (13)   FACADE means a separate face of a building, such as: a parapet +wall; an omitted wall line; any part of a building which encloses or covers +usable space; a chimney; roof-mounted equipment; a mounted antenna; or a water +tower. Where separate facades on a building are oriented in the same direction +or in directions within 45 degrees of one another, they are to be considered as +part of a single facade. A roof is not a facade or part of a facade. Multiple +buildings on the same lot have separate facades from each other. +      (14)   FLAT ATTACHED SIGN means an attached sign that projects 18 inches +or less from a building, and has a face parallel to the building facade. +      (15)   GENERIC GRAPHICS means a pattern of shapes, colors, or symbols +that does not commercially advertise. +      (16)   LANDSCAPE SIGN means a sign that is a part of a single landscape +design that creates a base for the sign in conjunction with a retaining wall or +an open space created with the use of water or planting material. +      (17)   MARQUEE SIGN means a sign attached to, applied on, or supported by +a permanent canopy projecting over a pedestrian street entrance of a building, +and consisting primarily of changeable panels, words, or characters. +      (18)   MESSAGE AREA means the area within the effective area of a sign +that provides a specific commercial or noncommercial message and that excludes +all extremity and intra-areas associated with the sign fixture. +      (19)   MONUMENT SIGN means a detached sign applied directly onto a grade- +level support structure (instead of a pole support) with no separation between +the sign and grade. +      (20)   MOVEMENT CONTROL SIGN means a sign that directs vehicular and +pedestrian movement within this district. +      (21)   OCCUPANT means a person, group of people collectively, +association, partnership, corporation, or other entity to whom a single +certificate of occupancy has been issued by the building official. +      (22)   PROJECTING ATTACHED SIGN means an attached sign projecting more +than 12 inches from a building at an angle other than parallel to the facade. +      (23)   ROOF SIGN means a sign that is attached to or supported by the +roof of a building. +      (24)   SIGN HARDWARE means the structural support system for a sign, +including the fastening devices that secure a sign to a building facade or +pole. +      (25)   SPECIAL SIGN DISTRICT ADVISORY COMMITTEE means that committee +created by Section +51A-7.504 of the Dallas Development Code, as amended. +      (26)   TEMPORARY SIGN means a sign erected for a limited time that +identifies an event or activity of limited duration. Examples include signs +advertising the sale or lease of property, construction activity in progress, +or a concert or other cultural event. +      (27)   WELCOME MESSAGE means a message that identifies and greets heads +of state, foreign dignitaries, groups using city property in accordance with a +contract, license, or permit, or government organizations. +      (28)   WINDOW SIGN means a sign painted or affixed to a window. +      (29)   WORD: For purposes of this division, each of the following is +considered to be one word: +         (A)   Any word in any language found in any standard unabridged +dictionary or dictionary of slang. +         (B)   Any proper noun or any initial or series of initials. +         (C)   Any separate character, symbol, or abbreviation such as “&”, +“$”, “%”, and “Inc.” +         (D)   Any telephone number, street number, or commonly used +combination of numerals and symbols such as “$5.00" or “50%.” +         (E)   Any Internet website, network, or protocol address, domain name, +or universal record locator. +         (F)   Any symbol or logo that is a registered trademark but which +itself contains no word or character. +         (G)   A street address is not considered to be a word. +   (b)   Except as otherwise provided in this section, the definitions in the +Dallas Development Code apply to this division. In the event of a conflict, +this section controls. (Ord. 24760) +SEC. 51A-7.1804.   GENERAL PROVISIONS. +   (a)   Except as otherwise provided in this division, all applications for +certificates of appropriateness for signs in this district must be reviewed by +the special sign district advisory committee using the permit procedures set +forth in Section +51A-7.505. +   (b)   The only signs permitted in this district are those specified in this +division, and those required by state or federal law. +   (c)   In Historic Overlay District No. 56, the Landmark Commission has the +sole authority: +      (1)   to determine every aspect of a sign other than the construction and +maintenance standards, such as the location, size, height, effective area, +number, and type of signs; and +      (2)   to issue a certificate of appropriateness for a sign. +   (d)   All wind devices except for flags and banners are prohibited in this +district unless allowed under a special events permit issued under Chapter 42A +of the Dallas City Code, as amended. +   (e)   Roof signs and pole signs, except for area information signs and +temporary detached signs, are prohibited. +   (f)   A sign with a changeable message area may not change its message at a +rate more often than once each 20 seconds. No sign permit is required for +changes to the changeable message portion of a sign. +   (g)   All signs must be premise signs, except area information signs, banner +signs on streetlight poles, movement control signs, vehicular signs, government +signs, event signs, and window display signs. +   (h)   Signs over the right-of-way. +      (1)   Signs may be located within the public right-of-way subject to the +franchise requirements of Chapter XIV of the City Charter, +Article VI of +Chapter 43 of the Dallas City Code, as amended, +Chapter 36 of the Dallas Building Code, and the requirements of all other +applicable laws, codes, ordinances, rules, and regulations. +      (2)   The traffic engineer shall review the location of any sign located +in or overhanging the public right-of-way to ensure that the sign will not pose +a traffic hazard or visibility obstruction. +      (3)   Signs overhanging the public right-of-way are permitted, except +that no sign may project closer than two feet to the vertical plane extending +through the back of a street curb. No portion of a sign may be located less +than two feet from the back of a street curb. (Ord. Nos. 24760; 28424) +SEC. 51A-7.1805.   ATTACHED SIGNS. +   (a)   Attached signs in general. +      (1)   The total effective area for all attached signs on a facade may not +exceed 30 percent of the area of the facade. Projecting signs, marquee signs, +and event signs are not included in the total effective area calculations of a +facade. +      (2)   Except for changeable message portions of a sign, event signs, or +as otherwise provided in this division, on any building facade, there may be a +maximum of eight words per premise and/or per occupant which contain any +character of a height equal to or exceeding four inches. Words consisting of +characters less than four inches high may be used without limit. +      (3)   Attached signs must be securely attached. +      (4)   Attached signs may not project more than four feet above the +surface to which they are attached, unless otherwise specified in this +division. +   (b)   Arcade signs. +      (1)   An arcade sign must be located at least six feet from any other +arcade sign. +      (2)   No arcade sign may exceed six square feet in effective area. +      (3)   No arcade sign may be lower than 10 feet above grade. +   (c)   Awning signs. +      (1)   No awning sign may project beyond the surface of the awning or be +lower than 10 feet above grade or higher than 20 feet above grade. +      (2)   The total effective area for any one awning sign may not exceed six +square feet. +      (3)   An awning sign must be located over a window or a door. +   (d)   Canopy signs. +      (1)   No canopy sign may: +         (A)   exceed 50 percent of the length of the canopy facade to which it +is attached; +         (B)   project vertically beyond the canopy more than 15 percent of the +length of the sign; +         (C)   project horizontally more than 12 inches from the surface of the +canopy; or +         (D)    be lower than 10 feet above grade. +      (2)   A canopy sign may only be located over a pedestrian entrance to a +premise. +   (e)   Flat attached signs. +      (1)   The maximum effective area for a flat attached sign is 15 percent +of the total facade area. +      (2)   The minimum distance between flat attached signs is four feet. +      (3)   Parapet signs are permitted as flat attached signs. +   (f)   Marquee signs. +      (1)   No marquee sign may exceed 50 percent of the area of the facade. +      (2)   No marquee sign may be longer than two-thirds of the length of the +frontage of the building to which the marquee is attached. +      (3)   Marquee signs may not project more than five feet above the roof +line of the facade to which it is attached. +      (4)   No premise may have more than one marquee sign per street frontage. +   (g)   Projecting attached signs. +      (1)   A projecting attached sign may not exceed the following size +limits: +         (A)   Seventy-five square feet in effective area if the building to +which it is attached is at least 36 feet high. +         (B)   Thirty square feet in effective area if the building to which it +is attached is less than 36 feet high. +      (2)   No projecting attached sign may be lower than 12 feet above grade. +      (3)   No projecting attached sign may project more than five feet from +the facade, or more than five feet over the roof line, of the building to which +it is attached. +   (h)   Temporary attached signs. +      (1)   Temporary attached signs permitted in this district are temporary +protective signs, or signs that relate exclusively to the sale, lease, +construction, or remodeling of the premises on which they are located. +      (2)   No more than one temporary attached sign per occupant is permitted +on the facade of the building. +      (3)   Temporary protective signs may be erected anywhere on a +construction site during construction, subject to the following provisions: +         (A)   No sign may exceed 20 square feet in effective area or ten feet +in height. +         (B)   The signs may be illuminated. +         (C)   The signs must be removed upon completion of the construction. +      (4)   Signs that relate exclusively to the sale, lease, construction, or +remodeling of the premises on which they are located are permitted, but if the +sign is attached to a window, the maximum effective area of the sign is 15 +square feet. (Ord. 24760) +SEC. 51A-7.1806.   EVENT SIGNS. +   (a)   Event signs may be non-premise signs. +   (b)   Event signs are not counted in the calculations for total percentage +of facade area covered by signs. +   (c)   A maximum of 15 percent of the effective area of the sign may contain +words or logos that identify the sponsor of the activity or event. +   (d)   Only one event sign per facade is permitted at one time. +   (e)   Each facade may display an event sign for up to 15 consecutive days +(the display period), a maximum of 12 times per calendar year per premise or +occupant. No event sign may be displayed on the same facade in two or more +consecutive display periods. +   (f)   The effective area of an event sign may not exceed 30 percent of the +area of the facade to which it is attached. +   (g)   An event sign may contain an unlimited number of words. +   (h)   An event sign may not be painted on any part of the building or be +below 10 feet above grade. (Ord. 24760) +SEC. 51A-7.1807.   WINDOW DISPLAY SIGNS. +   (a)   Window display signs are permitted only on the ground floor of a +vacant building. +   (b)   A window display sign may contain only the following messages: welcome +messages for visitors; advertising of occupants or events at a sports, musical, +or arts venue in this district, including, but not limited to, indoor motion +picture theaters, theaters for live musical or dramatic performances, indoor +and outdoor concert halls, galleries, and exhibition halls; generic graphics +(including three-dimensional artifacts); a message identifying the sponsor of +the display; or a message referring to the sale or lease of the premises. +   (c)   Window display signs may not: +      (1)   cover more than 25 percent of the surface area of a window; +      (2)   contain a logo or word that has any character that exceeds five +inches in height; or +      (3)   contain more than 15 percent sponsorship identification. +   (d)   No sign permit or certificate of appropriateness is required to erect +or remove a window display sign. (Ord. 24760) +SEC. 51A-7.1808.   DETACHED SIGNS. +   (a)   Detached signs in general. +      (1)   The only detached signs permitted are area information signs, +banner signs on streetlight poles, landscape signs, monument signs, temporary +detached signs, construction barricade signs, movement control signs, vehicular +signs, government signs, and protective signs. +      (2)   A detached premise sign may contain only the name, logo, and +address of a premise in this district and its occupants. +      (3)   No more than one detached sign per premise per street frontage is +permitted, except that a premise having more than 450 feet of street frontage +may have one additional sign per 100 feet (or fraction thereof) of street +frontage above 450 feet. +      (4)   Banner signs on streetlight poles and movement control signs may +contain only the name, logo, and address of any building in this district and +its occupants, or a sponsorship or welcome message, unless otherwise specified +in this section. +   (b)   Area information signs. +      (1)   A maximum of one area information sign is permitted in this +district, and it may be located only in the following area, generally described +as being near the intersection of Terminal Street and Lamar Street: Being a +portion of Lot 3 of Mosher’s Subdivision of Block 419 of the City of Dallas, +Texas, as recorded in Volume 4, Page 201, of the Map Records of Dallas County, +Texas, and more particularly described as an area within the perimeter of Lot +3, in the shape of a rectangle which is 20 feet wide and 96 feet long, and +which is bounded on the northwest by an imaginary line which is parallel to and +11.5 feet to the southeast of the northwest lot line of said Lot 3 (said +northwest line being the dividing or common line between Lot 3 and Lot 4 of +said Mosher’s Subdivision of Block 419), bounded on the northeast by an +imaginary line which is parallel to and 15 feet to the southwest of the +northeast lot line of said Lot 3 (said northeast lot line being adjacent to +Lamar Street), bounded on the southeast by an imaginary line which is parallel +to and 9.9 feet to the northwest of the southeast lot line of Lot 3 (said +southeast line being the dividing or common line between Lot 3 and Lot 2 of +said Mosher’s Subdivision of Block 419), and bounded on the southwest by an +imaginary line parallel to and 15 feet to the northeast of the southwest line +of said Lot 3 (said southwest lot line being adjacent to Terminal Street). +      (2)   An area information sign: +         (A)   may not exceed 60 feet in height or 600 square feet in effective +area; +         (B)   must have a changeable message component to the sign; +         (C)   must display messages regarding at least three occupants of +premises in this district or events in this district per cycle of the +changeable message board, and may not display an occupant or event message in +two successive messages per cycle; and +         (D)   may display sponsorship identification on a maximum of 20 +percent of the effective area of the sign. +      (3)   The text in the changeable message portion of the sign is limited +to welcome messages for visitors, and to advertising of occupants or events at +a sports, musical, or arts venue in this district, including, but not limited +to, indoor motion picture theaters, theaters for live musical or dramatic +performances, indoor and outdoor concert halls, galleries, and exhibition +halls. +      (4)   The changeable message portion of the sign must be available for +messages from all premises and occupants within this district. +   (c)   Banner signs on streetlight poles. +      (1)   A banner sign is permitted only if it: +         (A)   advertises an occupant or premise in this district or events at +a sports, musical, or arts venue in this district, including, but not limited +to, indoor motion picture theaters, theaters for live musical or dramatic +performances, indoor and outdoor concert halls, galleries, and exhibition +halls; or +         (B)   displays a sponsorship identification, a welcome message, or +generic graphics. +      (2)   Text on a banner sign may not exceed 10 percent of the total +effective area of the banner. +      (3)   A banner and its sign hardware must: +         (A)   be mounted on a streetlight pole; +         (B)   meet the sign construction and design standards in the Dallas +Building Code; +         (C)   be at least 12 feet above grade, unless it overhangs a roadway, +in which case it must be at least 15 feet above grade; +         (D)   be made out of weather-resistant and rust-proof material; +         (E)   not project more than three feet from the pole onto which it is +mounted; and +         (F)   not exceed 20 square feet in effective area. +      (4)   No sign permit or certificate of appropriateness is required to +erect or remove a banner sign. +   (d)   Landscape signs. +      (1)   A landscape sign must be a premise sign. +      (2)   A landscape sign may have a maximum effective area of 50 square +feet, and a maximum height of 15 feet. +      (3)   There is no minimum setback required for landscape signs. +      (4)   Section +51A-7.304(c) of the Dallas Development Code, as amended, does not apply to +landscape signs in this district. +   (e)   Monument signs. +      (1)   A monument sign must be a premise sign. +      (2)   A monument sign may have a maximum effective area of 50 square +feet, and a maximum height of 15 feet. +      (3)   There is no minimum setback required for monument signs. +      (4)   Section +51A-7.304(c) of the Dallas Development Code, as amended, does not apply to +monument signs in this district. +   (f)   Temporary detached signs. +      (1)   Temporary detached signs permitted in this district are temporary +protective signs, or signs that relate exclusively to the sale, lease, +construction, or remodeling of the premises on which they are located. +      (2)   There is no limit on the number of temporary protective signs +permitted. +      (3)   Temporary protective signs may be erected anywhere on a +construction site during construction, subject to the following provisions: +         (A)   No temporary protective sign may exceed 20 square feet in +effective area or 10 feet in height. +         (B)   The signs may be illuminated. +         (C)   The signs must be removed upon completion of the construction. +      (4)   Signs that relate exclusively to the sale, lease, construction, or +remodeling of the premises on which they are located are permitted, subject to +the following restrictions: +         (A)   The maximum height of the sign is 10 feet, and the maximum +effective area of the sign is 128 square feet. +         (B)   No more than one of this type of sign is permitted per each 100 +feet of frontage of the premises. (Ord. 24760) +SEC. 51A-7.1809.   CONSTRUCTION BARRICADE SIGNS. +   (a)   A construction barricade sign may cover up to 100 percent of the +surface area of the construction barricade to which it is attached. +   (b)   A construction barricade sign may contain any number of words and may +have a maximum message area of 50 square feet. +   (c)   A construction barricade sign may neither be lighted nor contain any +moving parts. +   (d)   A construction barricade sign must be removed from the area when the +construction barricade is removed, i.e. the sign may not be detached from the +barricade and left at the site. +   (e)   The information on a construction barricade sign is limited to +information regarding what is being constructed on the site and who is +conducting the construction, including the owners, developers, future tenants, +lenders, architects, engineers, project consultants, and contractors. The sign +may not advertise a product. +   (f)   A construction barricade may not project more than four feet above the +top or sides of the construction barricade. +   (g)   A sign that is affixed to a construction barricade may not project +more than two inches from the surface of the construction barricade. (Ord. +24760) +SEC. 51A-7.1810.    MOVEMENT CONTROL SIGNS. +   (a)   Movement control signs must direct vehicular or pedestrian movement +within this district or to adjacent districts and may include the name or logo +of any premise located in this district or in any sign district within a one- +mile radius of the Central Business District. +   (b)   Movement control signs that include the name or logo of two or more +premises may: +      (1)    not exceed 30 square feet in effective area; +      (2)   be located in a public right-of-way; or +      (3)   be erected anywhere within the district without limit as to number. +   (c)   Movement control signs that include the name or logo of only one +premise may: +      (1)   not exceed two square feet in effective area; +      (2)   not be located in the public right-of-way; and +      (3)   be erected on the premise without limit as to number. (Ord. 24760) +SEC. 51A-7.1811.   PROTECTIVE SIGNS. +   (a)   The owner of, and each occupant of, a premise may erect no more than +two detached protective signs in accordance with the following provisions: +      (1)   No sign may exceed 700 square inches in effective area. +      (2)   No detached sign may exceed two feet in height. +   (b)   The owner of, and each occupant of, a premise may erect attached +protective signs at each entrance to a premise in accordance with the following +provisions: +      (1)    No sign may exceed 700 square inches in effective area. +      (2)   The cumulative messages may not exceed 1,300 square inches per +entrance. +      (3)   No word may exceed four inches in height, unless otherwise required +by law. (Ord. 24760) +SEC. 51A-7.1812.   APPLICABILITY OF HIGHWAY BEAUTIFICATION ACTS. +   For purposes of applying the Federal and Texas Highway Beautification Acts, +this district is considered to be a commercial zoning district. (Ord. 24760) +Division 51A-7.1900. Provisions for West Village Sign District. +SEC. 51A-7.1901.   DESIGNATION OF WEST VILLAGE SIGN DISTRICT. +   A special provision sign district is hereby created to be known as the West +Village Sign District. For purposes of this article, the boundaries of the West +Village Sign District are that portion of the West Mixed Use Subzone of the +Planned Development District No. 305 (commonly known as the Cityplace PD) that +is enclosed within the following boundaries set forth in Exhibit 7.1900A, which +is attached to and made a part of this ordinance, and generally described as +the property bounded by the centerlines of Cole Avenue, Blackburn Street, +McKinney Avenue, and Lemmon Avenue, and including a 1.1028 acre tract fronting +approximately 357 feet on Blackburn Street, fronting approximately 118 feet on +McKinney Avenue, and fronting approximately 118 feet on Cole Avenue. (Ord. +24974) +SEC. 51A-7.1902.   DESIGNATION OF SUBDISTRICTS. +   (a)   This district is hereby divided into two subdistricts: Subdistricts A +and B. +   (b)   Subdistrict A is that area of this district within the following +described boundaries: all building faces that front on Cole Avenue, Blackburn +Street, McKinney Avenue, and Lemmon Avenue. +   (c)   Subdistrict B is that area of this district that is not in Subdistrict +A. (Ord. 24974) +SEC. 51A-7.1903.   PURPOSE. +   (a)   The purpose of this division is to regulate both the construction of +new signs and the alterations of existing signs to create a unique, lively and +commercially-active environment that is bright and safe, and that incorporates +diverse, state-of-the-art graphic technologies to promote an urban mixed use +environment in this district. +   (b)   These sign regulations have been developed to achieve the following +objectives in this district: +      (1)   To create an aesthetically pleasing environment that promotes an +atmosphere of vitality appropriate for a place where thousands of citizens +gather for entertainment and celebration. +      (2)   To encourage the use of signs that are innovative, colorful, and +entertaining, and that bring a distinctive character to this district. +      (3)   To identify and promote special events and cultural activities that +will occur in this district. +      (4)   To encourage signs with a style, orientation, and location that +take into consideration the high number of pedestrians expected within this +district. +      (5)   To communicate clear directions to and through this district. +      (6)   To promote the economic success of businesses in this district. +(Ord. 24974) +SEC. 51A-7.1904.   DEFINITIONS. +   In this division: +      (1)   ARCADE SIGN means any sign mounted to the underside of a canopy or +awning intended to be read from the pedestrian walkway that the canopy covers. +      (2)   ATTACHED SIGN means any sign attached to, applied on, or supported +by, any part of a building (such as a wall, parapet, roof, window, canopy, +awning, arcade, or marquee) that encloses or covers usable space. +      (3)   AWNING means a fabric or vinyl surface supported by a tubular metal +structure, which is applied to the face of a building. +      (4)   AWNING SIGN means a sign that is attached or applied to or painted +on an awning. +      (5)   BANNER means a sign attached to or applied on a strip of cloth, +vinyl, or similar material and attached to a building or structure. Awning +signs and flags are not banners. +      (6)   CANOPY means a permanent, non-fabric architectural element +projecting from the face of a building. +      (7)   CANOPY SIGN means a sign attached to, applied on, or supported by a +canopy, with no changeable message area. +      (8)   CHANGEABLE MESSAGE SIGN means an electronic sign whose contents can +change periodically and that can show animated messages. +      (9)   DISTRICT means the West Village Special Provision Sign District. +      (10)   EFFECTIVE AREA means: +         (A)   For a detached sign, other than outlined in (B) below, the area +within a minimum imaginary rectangle of vertical and horizontal lines that +fully contains all extremities of the sign, excluding its supports. This +rectangle is calculated from an orthographic projection of the sign viewed +horizontally. The viewpoint for this projection that produces the largest +rectangle must be used. If elements of the sign are moveable or flexible, such +as a flag or a string of lights, the measurement is taken when the elements are +fully extended and parallel to the plane of view. +         (B)   For signs placed on a fence, non-enclosing wall, planter or +other similar structure that is designed to serve a separate purpose other than +to support the sign, the entire area of such structure shall not be computed. +In such cases, the sign area shall be computed as the entire area within a +single continuous rectilinear perimeter of not more than eight (8) straight +lines enclosing the extreme limits of writing, representation, emblems, or +figures together with all material, color or lighting forming an integral part +of the display or used to differentiate the sign background against which it is +placed. +         (C)   For an attached sign, the sum of the areas within minimum +imaginary rectangles of vertical and horizontal lines, each of which fully +contains a word. If a design, outline, illustration, or interior illumination +surrounds or attracts attention to a word, then it is included in the +calculation of effective area. +         (D)   An awning or canopy is not included in the calculation of the +effective area. +      (11)   ENTERTAINMENT COMPLEX means an entertainment facility with a +seating capacity of at least 100 persons for showing motion pictures or staging +theatrical performances to an audience or where the audience views and +participates in events and performances including, but not limited to, +theatrical, musical and dramatic performances, and meetings and assemblages. +      (12)   FACADE means any separate face of a building, including parapet +walls and omitted wall lines, or any part of a building which encloses or +covers usable space, chimneys, roof-mounted equipment, mounted antennas, or +water towers. Where separate faces are oriented in the same direction or in +directions within 45 degrees of one another, they are to be considered as part +of a single facade. A roof is not a facade or part of a facade. Multiple +buildings on the same lot will each be deemed to have separate facades. +      (13)   FLAT ATTACHED SIGN means an attached sign projecting 18 inches or +less from a building, the face of which is parallel to the building facade. +      (14)   FREEWAY LOOP means the area of the city inside the District, +within 100 feet of an Expressway right-of-way. +      (15)   GENERIC GRAPHICS means any pattern of shapes, colors, or symbols +that does not commercially advertise. +      (16)   KIOSK means a multi-sided structure or cylindrical structure for +the display of premise signs. It does not mean vending and sales carts. +      (17)   MARQUEE SIGN means a sign attached to, applied on, or supported by +a permanent canopy projecting over a pedestrian street entrance of a building +and consisting primarily of changeable panels, words, or characters. LED, LCD +or other electronic message technology may be used. +      (18)   MONUMENT SIGN means a detached sign applied directly onto a grade- +level support structure. +      (19)   MOVEMENT CONTROL SIGN means a sign that directs vehicular and +pedestrian movement within this district. +      (20)   NEWSSTAND means an enclosed kiosk that displays premise signs and +is manned by a vendor that sells newspapers, magazines, other periodicals and +other small retail items such as candy, tobacco etc. +      (21)   ONE SIGN means any number of detached sign parts structurally +connected at, or above grade. +      (22)   PARAPET SIGN means a permanent projecting attached sign erected on +or attached to the eaves or edge of the roof or on a parapet. A parapet sign is +not a roof sign. +      (23)   PREMISE means the property in this District. +      (24)   PREMISE SIGN means any sign the content of which relates to the +premise on which it is located and refers exclusively to: +         (A)   the name, trade name, or logo of the owner or occupant of the +premise or the identification of the premises; +         (B)   accommodations, services, or activities offered or conducted on +the premise; or +         (C)   the sale, lease, or construction of the premise. +      (25)   PROJECTING ATTACHED SIGN means an attached sign projecting more +than 18 inches from a building at an angle, other than parallel, to the facade. +      (26)   PROMOTIONAL MESSAGE means a message that identifies, promotes, or +advertises a cultural activity taking place in this district, any special event +being conducted in this district, any event being conducted, in whole or in +part, in an entertainment complex in this district, or any other event that +will benefit the city that will take place in this district. Benefit to the +city is established by: +         (A)   Use of city property in accordance with a contract, license, or +permit; +         (B)   The receipt of city monies for the activity or event; or +         (C)   An ordinance or resolution of the city council that recognizes +the activity or event as benefiting the city. +      (27)   PUBLIC AREA means any publicly or privately owned outdoor area +that is accessible to the public. +      (28)   ROOF SIGN means a sign that is attached to or supported by the +roof of a building. +      (29)   SPECIAL SIGN DISTRICT ADVISORY COMMITTEE means that committee +composed and established in Section +51A-7.504 of the Dallas Development Code. +      (30)   STOREFRONT means an identifiable portion of the premise for which +a separate certificate of occupancy has been issued. +      (31)   TEMPORARY SIGN means a sign erected for a limited time that +identifies an event or activity of limited duration. Examples include signs +advertising the sale or lease of property, construction activity in progress, +or a concert or other cultural event. +      (32)   WELCOME MESSAGE means a message that identifies and greets people +who are expected to visit this district, such as heads of state; foreign +dignitaries; groups using city property in accordance with a contract, license, +or permit; or government organizations. +      (33)   WINDOW ART DISPLAY means an exhibit or arrangement placed within a +storefront window of a building and designed to be viewed from a street or +public area. +      (34)   WINDOW SIGN means a sign painted or affixed to a window. +      (35)   WORD: For purposes of this division, each of the following is +considered to be one word: +         (A)   Any word in any language found in any standard unabridged +dictionary or dictionary of slang. +         (B)   Any proper noun or any initial or series of initials. +         (C)   Any separate character, symbol or abbreviation such as “&”, “$”, +“%”, and “Inc.”. +         (D)   Any telephone number or commonly used combination of numerals +and symbols such as “$5.00" or “50%”. +         (E)   Any internet website, network, or protocol address, domain name, +or universal record locator. +         (F)   Any symbol or logo that is a registered trademark but which +itself contains no word or character. +A street number is not considered to be a word. (Ord. 24974) +SEC. 51A-7.1905.   GENERAL PROVISIONS FOR ALL SIGNS.  +   (a)   Premise signs. All signs in this district must be premise signs or +convey a noncommercial message. +   (b)   Applicable divisions of +Article VII. Except as otherwise provided in this division, all signs in this +district must comply with +Article VII. Divisions +51A-7.300 and +51A-7.400 do not apply in this district. In the event of a conflict between +this division and other requirements set forth in +Article VII that are not mandated by state or federal law, the requirements set +forth in this division apply. +   (c)   Permit and certificate of appropriateness requirements. +      (1)   Sign permit required. A person shall not alter, place, maintain, +expand, or remove a sign in this district without first obtaining a sign permit +from the city. It is a defense to prosecution that the person was replacing a +banner overhanging the public right-of-way using the existing sign hardware. A +sign permit is required to install sign hardware for a banner. +         (A)   Sign permit procedures.   Except as provided below, the +procedures for obtaining a sign permit in Sec. +51A-7.505 apply in this district. +         (B)   Determination of procedure.    Upon receipt of an application, +the director shall determine whether it is to be reviewed under the director +procedure or committee procedure. The proposed sign must be reviewed under the +director procedure if the sign is: +            (i)   an attached premise sign of less than 50 square feet +effective area and is not located within a historic overlay district; or +            (ii)   a detached premise sign with less than 50 square feet +effective area, less than 25 feet in height, and not located within a historic +overlay district; or +            (iii)   streetlight pole banners or facade mounted banners. +If the proposed sign does not meet the requirements for the director procedure, +it must be reviewed under committee procedure. +      (2)   Certificate of appropriateness. All signs in this district are +required to obtain a certificate of appropriateness, except for: +         (A)   any non-illuminated temporary banners of 20 square feet or less; +or +         (B)   any non-illuminated attached premise sign of less than 20 square +feet; or +         (C)   streetlight pole banners or facade mounted banners. +   (d)   Signs over the right-of-way. Signs may be located in or project over +the public right-of-way, including, but not limited to, sidewalks, subject to +the licensing and franchise requirements of Chapter XIV of the City Charter, +Article VI of +Chapter 43 of the Dallas City Code, as amended, +Chapter 45 of the Dallas Building Code, and the requirements of all other +applicable laws, codes, ordinances, rules, and regulations. The traffic +engineer shall review the location of any sign located in or overhanging the +public right-of-way to ensure that the sign will not pose a traffic hazard or +visibility obstruction. +   (e)   Other codes not in conflict. All signs erected or maintained pursuant +to the provisions of this division shall be erected and maintained in +compliance with all applicable state laws and with the building code, +electrical code, and other applicable ordinances of the city. Except as +indicated in Subsection (b), in the event of conflict between this division and +other laws, the most restrictive standard applies. +   (f)   Noncommercial messages. +      (1)   Notwithstanding any other provision of this ordinance, any sign +that may display a commercial message may also display a noncommercial message, +either in place of or in addition to the commercial message, so long as the +sign complies with other requirements of this ordinance that do not pertain to +the content of the message displayed. +      (2)   Notwithstanding any other provision of this ordinance, any sign +that may display one type of noncommercial message may also display any other +type of noncommercial message, so long as the sign complies with other +requirements of this ordinance that do not pertain to the content of the +message displayed. +   (g)   Highway Beautification Acts. For purposes of applying the Federal and +Texas Highway Beautification Acts, this district is considered to be a +commercial zoning district. +   (h)   Streamers, pennants, and inflatable signs. Streamers, pennants, and +inflatable signs, including, but not limited to, balloons are prohibited in +this district. +   (i)   Setback. Except as provided in the spacing requirements for kiosks and +newsstands, there are no setback requirements for a sign in this district. +   (j)   Illuminated signs. +      (1)   Except for changeable message signs, no illuminated sign that has +an effective area of 150 square feet or less may have a luminance greater than +300 footlamberts, nor may any such sign have a luminance greater than 300 +footlamberts for any portion of the sign within a circle two feet in diameter. +No illuminated sign which has an effective area greater than 150 square feet +may have a luminance greater than 200 footlamberts, nor may any such sign have +a luminance greater than 200 footlamberts for any portion of the sign within a +circle of two feet in diameter. The measurements of luminance are taken from +any other premise or from any public right-of-way other than an alley. +      (2)   Except for changeable message signs, no illuminated sign nor any +illuminated element of any sign, may turn on or off, or change its brightness, +if: +         (A)   the change of illumination produces an apparent motion of the +visual image, including but not limited to illusion of moving objects, moving +patterns or bands of light, expanding or contracting shapes, rotation or any +similar effect of animation; +         (B)   the change of message or picture occurs more often than once +each three seconds for those portions of a sign which convey time or +temperature, or once each 20 seconds for all other portions of a sign; or +         (C)   a portion of the sign, within a circle of two feet in diameter, +has a luminance greater than 200 footlamberts when all elements of the sign are +fully and steadily illuminated. +   (k)   Sign movement. Except for changeable message signs, no sign or any +part of any sign may move or rotate at a rate more often than once each 10 +seconds, or change its message at a rate more often than once each 20 seconds. +Except for changeable message signs, no sign may move, rotate or change its +message at any rate if any of its elements or any illuminated portion within a +two-foot circle has a luminance greater than 200 footlamberts. (Ord. Nos. +24974; 28424) +SEC. 51A-7.1906.   DETACHED SIGNS. +   (a)   Detached signs in general. +      (1)   A premise may have one or more detached signs. +      (2)   Detached signs may not exceed 20 feet in effective area. +      (3)   Detached signs may not exceed 5 feet in height if an attached sign +is located on any storefront on the lot where the detached sign is located; +otherwise, detached signs may not exceed 15 feet in height. +      (4)   Detached signs may only be: +         (A)   monument signs; +         (B)   an architectural, water or landscape composition that identifies +the premise; or +         (C)   signs on public improvements; +         (D)   banners on streetlight poles; +         (E)   special purpose signs; or +         (F)   district identification signs. +   (b)   Signs on public improvements. An unlimited number of signs that only +identify the name or logo of this district may be located on or incorporated +into manhole covers, street light poles, sidewalks, benches, trash receptacles +and other improvements in public areas. No such sign, however, may exceed one +square foot in effective area. +   (c)   Banners on streetlight poles. +      (1)   Banners must display a promotional message, a welcome message, or +generic graphics. +      (2)   No more than 10 percent of the effective area of a banner may +contain a welcome message that identifies and greets a group using city +property in the district in accordance with a contract, license, or permit. +      (3)   No more than 10 percent of the effective area of a banner may +contain the word(s) or logo(s) that identify a sponsor of a cultural event or +activity taking place in the district. +      (4)   A banner having either a promotional message or a welcome message +may not be erected more than 90 days prior to the beginning of the advertised +activity or event, and must be removed no later than 15 days after that +activity or event has ended. The sign hardware for a banner may be left in +place between displays of a banner. +      (5)   A banner and its hardware must: +         (A)    be mounted on a streetlight pole; +         (B)   meet the sign construction and design standards in the Dallas +Building Code; +         (C)   be at least 12 feet above grade, unless it overhangs a roadway, +in which case it must be at least 15 feet above grade; +         (D)   be made out of weather-resistant and rust-proof material; +         (E)    not project more than three feet from the pole onto which it is +mounted; and +         (F)   not exceed 20 square feet in effective area. (Ord. 24974) +SEC. 51A-7.1907.   ATTACHED SIGNS. +   (a)   In general. +      (1)   Attached signs must be securely attached. +      (2)   Attached signs overhanging the public way are permitted, except +that no sign may project closer than two feet to the vertical plane extending +through the back of a street curb. +      (3)   The maximum combined effective area of all signs attached to a +facade may not exceed 30 percent of the total area of the facade. +      (4)   Except as provided in paragragh (5), attached signs may have a +maximum of eight words, which contain any character of a height equal to or +exceeding four inches and pertain to any premise or occupancy. Words consisting +of characters less than four inches high may be used without limit. +      (5)   A storefront that is used as an entertainment complex may have +attached signs with up to 10 words per facade of 4 inches or greater, which may +be located at any height on the storefront. +      (6)   No sign may be painted onto the roof of a building, and no flat +attached sign is permitted on the roof of a building. +      (7)   No sign may project more than four feet above the edge of the wall +to which it is attached; if the wall to which the sign is attached has a +parapet wall, no sign may project above the parapet wall. +   (b)   Awning signs. +      (1)   No awning sign may: +         (A)   project horizontally more than two inches from the surface of +the awning; +         (B)   be lower than 10 feet above grade; or +         (C)   project vertically more than two inches above the surface of the +awning. +      (2)   The maximum size of each awning sign is six square feet. +      (3)   The maximum combined effective area permitted for all awning signs +on a facade is 150 square feet. +      (4)   There is no limit to the number of awning signs permitted on a +premise. +   (c)   Arcade signs. +      (1)   No arcade sign may exceed six square feet in effective area. +      (2)   The minimum linear distance between any two arcade signs in this +district is 10 feet. +      (3)   There is no limit to the number of arcade signs permitted on a +premise. +      (4)   No arcade sign may be lower than 10 feet above grade. +   (d)   Canopy signs. +      (1)   No canopy sign may: +         (A)   exceed 100 square feet in effective area; +         (B)   project horizontally more than two inches from the surface of +the canopy; or +         (C)   be lower than 10 feet above grade. +      (2)   Canopy signs may project vertically above the surface of the +canopy. The maximum height of the projection may not exceed 15 percent of the +overall length of the sign. +      (3)   Canopy signs erected pursuant to this section are permitted on +canopies that overhang the public right-of-way, except that no canopy sign may +project closer than two feet from the back of the curb. +   (e)   Marquee signs. +      (1)   Marquee signs are allowed only on a storefront that is used as an +entertainment complex. +      (2)   The maximum effective area of a marquee sign is 150 square feet. +      (3)   Marquee signs must be parallel to the surface to which they are +attached, and may not project less than two feet from back of curb. +      (4)   No building may have more than one marquee sign per street +frontage. +      (5)   Marquee signs may use LED, LCD or similar electronic technology. +   (f)   Projecting attached signs. +      (1)   No projecting attached sign on a premise may be closer than five +feet from another projecting attached sign. +  ��   (2)   No projecting attached sign may exceed 100 square feet in effective +area, or project more than 3 feet into the public right-of-way. +      (3)   No projecting attached sign may be lower than 12 feet above grade. +      (4)   No projecting attached sign may project vertically more than four +feet above the edge of the wall to which it is attached; if the sign is +attached to a wall with a parapet wall, it may not project vertically above the +parapet wall. +      (5)   No projecting attached sign shall have its lower end more than 25 +feet above grade. +   (g)   Window signs. +      (1)   A window sign may only be a premise sign or contain a promotional +message. +      (2)   Window signs are allowed only in ground level windows. +      (3)   Up to 10 percent of the effective area of a window sign may contain +the word(s) or logo(s) that identify a sponsor of a cultural event or activity +taking place in the district. +   (h)   Changeable message signs. +      (1)   Changeable message signs may only be attached signs. +      (2)   The maximum number of changeable message signs within this district +is two. +      (3)   Changeable message signs may not exceed 150 square feet in +effective area. +      (4)   Changeable message signs are not permitted in Subdistrict A. (Ord. +24974) +SEC. 51A-7.1908.   SPECIAL PROVISIONS FOR SPECIAL PURPOSE SIGNS. +   (a)   Special purpose signs may be externally illuminated, and, except for +banners, may be internally illuminated or “back-lighted.” +   (b)   Attached special purpose signs. +      (1)   Each storefront may have one attached special purpose sign per +facade. An attached special purpose sign may be displayed for a maximum of 45 +consecutive days, up to 4 times per year, and it must not exceed 200 square +feet in effective area. +      (2)   A storefront for an entertainment complex use may have up to four +attached special purpose signs at a time. An attached special purpose sign may +be displayed for up to 45 days in any given twelve-month period, and it must +not exceed 400 square feet in effective area. +   (c)   Detached special purpose signs. +      (1)   Each storefront may have a detached special purpose sign no more +than three times each calendar year for no more than 38 consecutive days each +time. No detached special purpose sign may be erected at a location during the +30-day period after the removal of a detached special purpose sign from that +location. +      (2)   A detached special purpose sign must: +         (A)   be located at least 100 feet apart; +         (B)   not exceed eight feet in height; and +         (C)   not exceed 50 square feet in effective area. +      (3)   No more than one detached special purpose sign may be erected on +each street or private access easement on which the storefront has frontage. +(Ord. 24974) +SEC. 51A-7.1909.   SPECIAL PROVISIONS FOR FACADE-MOUNTED BANNER SIGNS. +   (a)   A banner must primarily display generic graphics. +   (b)   A banner may be a district sign or contain a promotional or a welcome +message. +   (c)   A banner having either a promotional message or a welcome message may +not be erected more than 90 days prior to the beginning of the advertised +activity or event, and must be removed no later than 15 days after that +activity or event has ended. The sign hardware for a banner may be left in +place between displays of a banner. +   (d)   A banner and its hardware: +      (1)   may be mounted parallel on a premise facade or projecting from a +premise facade at an angle of up to 90 degrees; +      (2)   must meet the sign construction and design standards in the Dallas +Building Code; +      (3)   must be at least 12 feet above grade, unless it overhangs a +roadway, in which case it must be at least 15 feet above grade; +      (4)   must be made out of weather-resistant and rust-proof material; +      (5)   must not project more than three feet from the facade; and +      (6)   must not exceed 100 square feet in effective area. (Ord. 24974) +SEC. 51A-7.1910.   SPECIAL PROVISIONS FOR KIOSK SIGNS. +   (a)   No more than six kiosks are permitted in this district. +   (b)   No kiosk may be illuminated by a detached, independent external light +source. +   (c)   Kiosks must be spaced at least 50 feet apart. +   (d)   Kiosks may be located on sidewalks if unobstructed sidewalk widths of +eight feet are maintained. +   (e)   Kiosks must be securely anchored to the ground. +   (f)   Kiosks may not exceed ten feet in height and 100 square feet in +effective area. The display area for each sign on a kiosk may not exceed 20 +square feet. (Ord. 24974) +SEC. 51A-7.1911.   SPECIAL PROVISIONS FOR NEWSSTAND SIGNS. +   (a)   No more than two newsstands are permitted in this district +   (b)   No newsstand may be illuminated by a detached, independent, external +light source. +   (c)   Newsstands must be spaced at least 50 feet apart. +   (d)   Newsstands may be located on sidewalks if unobstructed sidewalk widths +of eight feet are maintained. +   (e)   Newsstands may not exceed 10 feet in height and 10 feet in diameter. +The display area for each sign on a newsstand may not exceed 30 square feet. +(Ord. 24974) +SEC. 51A-7.1912.   SPECIAL PROVISIONS FOR SIGNS ATTACHED TO MACHINERY OR +EQUIPMENT. +   Words may be attached to machinery or equipment that is necessary or +customary to a business, including but not limited to devices such as gasoline +pumps, vending machines, ATM shelters, ice machines, etc., provided that the +words so attached refer exclusively to products or services dispensed by the +device, consist of characters no more than four inches in height, and project +no more than one inch from the surface of the device. +SEC. 51A-7.1913.   SPECIAL PROVISIONS FOR MOVEMENT CONTROL SIGNS. +   (a)   Movement control signs must direct vehicular or pedestrian movement +within this district or to an adjacent and congruent district and may include +the name or logo of any premise or activity center located in this district. +   (b)   Movement control signs: +      (1)   must not exceed three square feet in effective area; +      (2)   may be located in a public right-of-way; and +      (3)   may be erected anywhere within the district without limit as to +number. +   (c)   Movement control signs may be attached or detached and may be erected +on any premise without limit as to number. (Ord. 24974) +SEC. 51A-7.1914.    SPECIAL PROVISIONS FOR CONSTRUCTION BARRICADE SIGNS. +   (a)   The director of planning and development shall review all signs to be +placed on a construction barricade and upon approval of the signs by the +director, a sign permit for the signs may be issued. This review is a condition +on any permit issued for a construction barricade. +   (b)   A sign that is affixed to a construction barricade must not project +horizontally more than two inches from the construction barricade. +   (c)   A sign that is affixed to a construction barricade must neither be +lighted nor contain any moving parts. +   (d)   A sign that is affixed to a construction barricade must be removed +when the construction barricade is removed. +   (e)   The information contained on a sign placed on a construction barricade +may only convey information regarding what is being constructed on the site and +who is conducting the construction, including the owners, developers, future +tenants, lenders, architects, engineers, project consultants and contractors. +The sign may not advertise a product and the total effective area of the words +on a construction barricade sign may not exceed 50 square feet. +   (f)   A construction barricade may be fully decorated with a graphic except +that: +      (1)   no decoration or part of the graphic may project more than two +inches horizontally from the barricade facade, or +      (2)   no decoration or graphic may project more than four feet vertically +above the top of the barricade. (Ord. 24974) +SEC. 51A-7.1915.   SPECIAL PROVISIONS FOR OTHER TEMPORARY SIGNS. +   (a)   In addition to the other protective signs permitted under Section +51A-7.918, Temporary Protective Signs may be erected anywhere on a construction +site at anytime during construction. There is no limit on the number of these +signs, but no sign may exceed 20 square feet in effective area or eight feet in +height. Temporary protective signs may be illuminated, but no lighting source +may project more than three inches from the vertical surface of, or six inches +above the top of, the sign. All temporary protective signs must be removed upon +completion of the construction. +   (b)   Temporary signs may be erected on construction fencing subject to +Section 51A-7.925(b)(4). +   (c)   “For Sale,” “For Lease,” “Remodeling,” and “Under Construction” signs. +Signs that relate exclusively to the sale, lease, construction, or remodeling +of the premises on which they are located are permitted. There is no limit to +the number of attached signs permitted. Detached signs are limited to one for +each 100 feet of frontage on a public street or private access easement. If +attached to a window, the maximum effective area of the sign is 16 square feet. +If attached to other portions of a facade, the maximum effective area of the +sign is 32 square feet. No detached sign may exceed 128 square feet in +effective area or 16 feet in height. (Ord. 24974) +SEC. 51A-7.1916.   SPECIAL PROVISIONS FOR DISTRICT SIGNS. +   (a)   District signs may only be a facade mounted banner sign, kiosk sign, +newsstand sign, or a changeable message sign. +   (b)   A district sign may display: +      (1)   The name, trade name, or logo of the owner or occupant of the +premise or the identification of the premises located in this district. +      (2)   Accommodations, services, or activities offered or conducted on any +premise within this district; +      (3)   The advertisement of products by brand name or symbol for any +products sold on a premise within this district if at least 10 percent of the +sign is devoted to identification of the district; +      (4)   The sale, lease, or construction of any premise within the West +Village Special Provision Sign District. (Ord. 24974) +SEC. 51A-7.1917.   SPECIAL PROVISIONS FOR DISTRICT IDENTIFICATION SIGNS. +   (a)   No more than two district identification signs are permitted in this +district. +   (b)   A district identification sign may only display the name of the +premise as a whole, i.e. “West Village,” and a logo identifying the district. +   (c)   No district identification sign may have a height greater than six +feet, or an effective area greater than 150 square feet. (Ord. 24974) +Division 51A-7.2000. Provisions for the West Commerce Street/Fort Worth Avenue +Sign District. +SEC. 51A-7.2001.   DESIGNATION OF THE WEST COMMERCE STREET/FORT WORTH AVENUE +SIGN DISTRICT. +   A sign district is hereby created to be known as the West Commerce Street/ +Fort Worth Avenue Sign District. The boundaries of the West Commerce Street/ +Fort Worth Avenue Sign District are the same as Planned Development District +No. 714, the West Commerce Street/Fort Worth Avenue Special Purpose District, +and generally described as the property located approximately one-eighth to +one-fourth of a mile to the north and south of West Commerce Street and Fort +Worth Avenue, from North Beckley Avenue to Westmoreland Road. (Ord. 25899) +SEC. 51A-7.2002.   DESIGNATION OF SUBDISTRICTS. +   This district is hereby divided into Subdistricts 1, 2, 3, 4, and 5. The +boundaries of Subdistricts 1, 2, 3, 4, and 5 are the same as the boundaries of +Subdistricts 1, 2, 3, 4, and 5 in Planned Development District No. 714, the +West Commerce Street/Fort Worth Avenue Special Purpose District. (Ord. 25899) +SEC. 51A-7.2003.   PURPOSE. +   (a)   The purpose of this division is to regulate both the construction of +new signs and alterations of existing signs with a view towards enhancing, +preserving, and developing the unique character of the West Commerce Street/ +Fort Worth Avenue corridor while addressing the diversity of businesses and +promoting the economy of the West Commerce Street/Fort Worth Avenue corridor. +   (b)   The objectives of this division include those listed in Section +51A-7.101 as well as the objectives of ensuring that signs are appropriate to +the architecture within the district; do not obscure significant architectural +features; lend themselves to developing mixed office, retail, and residential +projects; and preserve the pedestrian character of the area. +   (c)   These sign regulations have been developed to achieve the following +objectives: +      (1)   To protect the historical and architectural character of this +district from inappropriate signs in terms of number (clutter), style, color, +and materials. +      (2)   To ensure that significant architectural features are not obscured. +      (3)   To encourage signs that are complementary to the architectural +styles and historical nature of the buildings. +      (4)   To attract the public to the goods and services available by +enhancing the aesthetic quality of signs. +      (5)   To encourage artistic, creative, and innovative signs that reflect +the themes of the area. +      (6)   To promote safety, communications efficiency, and landscape +quality. (Ord. 25899) +SEC. 51A-7.2004.   DEFINITIONS. +   Unless otherwise stated, the definitions in +Article VII, “ Sign Regulations,” apply to this section. In this section: +      (1)   ARCADE means any walkway that is attached to a building, not fully +enclosed on all sides, and covered with a canopy or roof structure having the +primary function of weather protection. +      (2)   ARCADE SIGN means an attached sign suspended below the roof of an +arcade. +      (3)   AWNING means a projecting fabric or vinyl surface supported by a +metal (or other similarly strong material) structure, which is applied to the +face of a building. +      (4)   AWNING SIGN means an attached sign applied to an awning. +      (5)   BANNER means a sign applied to a strip of cloth or similar +material. +      (6)   CANOPY means a permanent, non-fabric architectural element +projecting from the face of a building. +      (7)   CHANGEABLE MESSAGE means LED/LCD elements, slide lettering, slated +rotating surfaces, or other changeable message technology that displays +different designs or messages. +      (8)   DISTRICT means the West Commerce Street/Fort Worth Avenue Sign +District. +      (9)   DISTRICT IDENTIFICATION SIGN means a detached sign that contains +the logo or name of the West Commerce Street/Fort Worth Avenue corridor or +welcomes people to the West Commerce Street/Fort Worth Avenue corridor. +      (10)   DISTRICT PROMOTIONAL MESSAGE means a message that identifies, +promotes, or advertises a cultural activity, special event, event in an +entertainment facility, or event that will benefit the city, and that will take +place in this district. Benefit to the city is established by: use of city +property in accordance with a contract, license, or permit; the receipt of city +monies for the activity or event; or an ordinance or resolution of the city +council that recognizes the activity or event as benefiting the city. +      (11)   EFFECTIVE AREA means: +         (A)   For a detached sign, other than outlined in Subparagraph (B) +below, the area within a minimum imaginary rectangle of vertical and horizontal +lines that fully contains all extremities of the sign, excluding its supports. +This rectangle is calculated from an orthographic projection of the sign viewed +horizontally. The viewpoint for this projection that produces the largest +rectangle must be used. If elements of the sign are moveable or flexible, such +as a flag or a string of lights, the measurement is taken when the elements are +fully extended and parallel to the plane of view. +         (B)   For signs placed on a fence, non-enclosing wall, planter, or +other similar structure that is designed to serve a separate purpose other than +to support the sign, the entire area of such structure shall not be computed. +In such cases, the sign area shall be computed as the entire area within a +single continuous rectilinear perimeter of not more than eight straight lines +enclosing the extreme limits of writing, representation, emblems, or figures +together with all material, color, or lighting forming an integral part of the +display or used to differentiate the sign background against which it is +placed. +         (C)   For an attached sign, the sum of the areas within minimum +imaginary rectangles of vertical and horizontal lines, each of which fully +contains a word. If a design, outline, illustration, or interior illumination +surrounds or attracts attention to a word, then it is included in the +calculation of effective area. +         (D)   An awning or canopy is not included in the calculation of the +effective area. +      (12)   ENTERTAINMENT FACILITY means a structure or building used for +sports events or the performing arts, including indoor motion picture theaters, +theaters for live musical or dramatic performances, indoor or outdoor concert +halls, and exhibition halls. +      (13)   EXPRESSWAY SIGN means a detached sign that is wholly within 100 +feet of an expressway or new expressway right-of-way and whose message is +visible from the main traveled way. +      (14)   FACADE means any separate face of a building, including parapet +walls and omitted wall lines, or any part of a building which encloses or +covers usable space, chimneys, roof-mounted equipment, mounted antennas, or +water towers. Where separate faces are oriented in the same direction or in +directions within 45 degrees of one another, they are to be considered as part +of a single facade. A roof is not a facade or part of a facade. Multiple +buildings on the same lot will each be deemed to have separate facades. +      (15)   FLAT ATTACHED SIGN means an attached sign that is parallel to the +building facade. +      (16)   GENERIC GRAPHICS means any pattern of shapes, colors, or symbols +that does not commercially advertise. +      (17)   HIGHWAY BEAUTIFICATION ACT (HBA) SIGN means a non-premise sign +that is within 660 feet of an expressway or new expressway right-of-way and +whose message is visible from the main traveled way. +      (18)   MARQUEE means a permanent canopy projecting over the main +pedestrian entrance of a building. A marquee is considered to be part of the +building. +      (19)   MARQUEE SIGN means an attached sign applied to a marquee, and +consisting primarily of changeable panels, words, or characters. +      (20)   MONUMENT SIGN means a detached sign applied directly onto a grade- +level support structure (instead of a pole support) with no separation between +the sign and grade. +      (21)   PREMISE means a lot or unplatted tract that is reflected in the +plat books of the building inspection division of the city. See Section +51A-7.208. +      (22)   PREMISE SIGN means any sign the content of which relates to the +premise on which it is located and refers exclusively to: +         (A)   the name, trade name, or logo of the owner or occupant of the +premise or the identification of the premises; +         (B)   accommodations, services, or activities offered or conducted on +the premise; or +         (C)   the construction, lease, remodeling, or sale of the premise. +      (23)   PROJECTING SIGN means an attached sign projecting from a building. +      (24)   SIGN HARDWARE means the structural support system for a sign, +including the fastening devices that secure the sign to a building facade or +pole. +      (25)   SPECIAL PURPOSE SIGN means an attached or detached sign +temporarily supplementing the permanent signs on a premise. +      (26)   WINDOW SIGN means a sign applied to the internal or external +surface of a window. +      (27)   WORD means any of the following: +         (A)   Any word in any language found in any standard unabridged +dictionary or dictionary of slang. +         (B)   Any proper noun or any initial or series of initials. +         (C)   Any separate character, symbol, or abbreviation such as “&”, +“$”, “%”, and “Inc.”. +         (D)   Any telephone number or commonly used combination of numerals +and symbols such as “$5.00" or “50%”. +         (E)   Any internet website, network, protocol address, domain name, or +universal record locator. +         (F)   Any symbol or logo that is a registered trademark but which +itself contains no word or character. +         (G)   A street number is not considered to be a word. (Ord. 25899) +SEC. 51A-7.2005.   SIGN PERMIT REQUIREMENTS. +   (a)   No person may alter, expand, maintain, or place a sign in this +district without first obtaining a sign permit from the city. No sign permit +may be issued for a sign in this district unless the application has first been +reviewed by the director and a certificate of appropriateness has been issued +in accordance with the procedure outlined in this section. +   (b)   This section does not apply to government signs described in Section +51A-7.207. +   (c)   Section +51A-7.504, which establishes the special sign district advisory committee for +special provision sign districts, does not apply to this district. +   (d)   Section +51A-7.505, which outlines the procedure for obtaining a certificate of +appropriateness, does not apply in this district. +   (e)   Section +51A-7.602, which lists certain signs that require sign permits, does not apply +to signs in this district. All signs within this district require sign permits. +   (f)   Upon receipt of an application for a permit to authorize a sign in +this district, the building official shall refer the application to the +director for review. The director shall issue a decision within 30 calendar +days after the a complete application is submitted to the building official. +The director shall solicit the recommendation of appropriate staff before +approving or disapproving a certificate of appropriateness. +   (g)   The director shall approve a certificate of appropriateness if the +application complies with the requirements of this district and the director +finds that the proposed sign is consistent with the character of this district. +The director shall consider the proposed sign in terms of its appropriateness +to this district with particular attention to the effect of the proposed sign +upon the economic structure of this district and the effect of the proposed +sign upon adjacent and surrounding premises without regard to the consideration +of the message conveyed by the sign. The director shall give written notice of +the director’s decision to the applicant. Notice is given when mailed to the +applicant. +   (h)   A decision to grant a certificate of appropriateness may not be +appealed. A decision to deny a certificate of appropriateness may be appealed +to the city plan commission only by the applicant. An appeal is made by filing +a written request with the director within 10 calendar days after notice of the +director’s decision is given. In considering the appeal, the sole issue shall +be whether the director erred, and in this connection, the city plan commission +shall consider the same standard that was required to be considered by the +director. Decisions of the city plan commission are final as to administrative +remedies. If the city plan commission fails to make a decision on an appeal +within 30 calendar days after the appeal is filed with the director, the +application shall be considered approved, provided the sign otherwise complies +with all applicable city codes, ordinances, rules, and regulations. (Ord. +25899) +SEC. 51A-7.2006.   PROVISIONS APPLICABLE TO ALL SIGNS. +   (a)   Balloons and wind devices. All balloons, banners, flags, inflatable +objects, pennants, streamers, and wind devices are considered to be signs and +may not be used except as specifically allowed in this section. +   (b)   Changeable messages. +      (1)   A changeable message may not change more than every eight seconds. +      (2)   Only one sign with a changeable message is allowed per premise. +      (3)   The changeable message portion of any sign is limited to an +effective area of 50 square feet. +   (c)   Fences. Except for special purpose signs, signs may not be attached to +fences. +   (d)   Historic overlay districts. Within a historic overlay district, the +landmark commission has the sole authority to determine every aspect of a sign, +other than construction and maintenance standards, including effective area, +height, location, number, size, and type, and to issue a certificate of +appropriateness for that sign. +   (e)   Lighting. +      (1)   Except as otherwise provided in this division, signs may be +illuminated by internal (back) lighting or indirect lighting. +      (2)   The use of neon or single incandescent bulbs is allowed. +      (3)   A light source external to a sign may illuminate a sign if the +light does not cross into a public right-of-way, a residential zoning district +line, or the property line of a residential use. +      (4)   Light used to illuminate a sign may not turn on or off, or change +its brightness, more than twice a day. +   (f)   Message limitation. All signs must be district identification signs, +district promotional message signs, premise signs, or convey a noncommercial +message. +   (g)   Other applicable law. +      (1)   All signs erected or maintained pursuant to the provisions of this +division must be erected and maintained in compliance with all applicable +federal and state laws and with the building code, electrical code, and other +applicable ordinances of the city. In the event of conflict between this +division and other laws, the most restrictive standard applies. +      (2)   For purposes of applying the Federal and Texas Highway +Beautification Acts, this district is considered to be a commercial zoning +district. Signs within this district may not be HBA signs. +      (3)   The provisions of Division +51A-7.200, “Provisions for All Zoning Districts,” applies in this district. If +the event of a conflict, this division controls. +   (h)   Portable signs. Portable signs are prohibited. +   (i)   Signs over the right-of-way. +      (1)   Signs may be located in or project over the public right-of-way, +including, but not limited to, sidewalks, subject to the licensing and +franchise requirements of Chapter XIV of the City Charter, +Article VI of +Chapter 43 of the Dallas City Code, as amended, the Dallas Building Code, and +the requirements of all other applicable laws, codes, ordinances, rules, and +regulations. +      (2)   The traffic engineer shall review the location of any sign located +in or overhanging the public right-of-way to ensure that the sign will not pose +a traffic hazard or visibility obstruction. +      (3)   No portion of a sign may be located less than two feet from a +vertical plane extending upward from the back of a street curb. (Ord. Nos. +25899; 28424) +SEC. 51A-7.2007.   ATTACHED SIGNS. +   (a)   Provisions applicable to all attached signs. +      (1)   Attached signs must be securely attached. +      (2)   The maximum combined effective area of all attached signs on a +facade may not exceed 20 percent of the total area of the facade. +      (3)   Attached signs may have a maximum of eight words, which contain any +character of a height equal to or exceeding four inches. Words consisting of +characters less than four inches high may be used without limit. +      (4)   Attached signs may not be painted onto the roof of a building. +      (5)   Attached signs are not permitted on the roof of a building. +      (6)   Banners used as attached signs may only be special purpose signs. +   (b)   Arcade signs. +      (1)   There is no limit to the number of arcade signs permitted on a +premise. +      (2)   Arcade signs may not exceed eight square feet in effective area. +      (3)   The minimum linear distance between any two arcade signs is 15 +feet. +      (4)   Arcade signs may not be lower than 10 feet above the sidewalk. +      (5)   Arcade signs may not project above the arcade to which they are +attached. +      (6)   Arcade signs may only identify the premise or occupant and provide +an address. +   (c)   Awning signs. +      (1)   There is no limit on the number of awning signs on a premise. +      (2)   A sign on the face of the awning may only have an effective area +equal to 20 percent of the face of the awning. As used in this provision, +“face” means the sloping or curved portion of an awning that provides shade +over the sidewalk. +      (3)   Awning signs may not be lower than eight feet above the sidewalk. +      (4)   Awning signs may not project more than two inches from the surface +of the awning. +      (5)   Awning signs may not be backlit. +      (6)   The valance of an awning may only have an address, occupant +identification, or premise identification. As used in this provision, “valance” +means that portion of an awning parallel to the street and perpendicular to the +sidewalk. +   (d)   Flat attached signs. +      (1)   The maximum number of flat attached signs on any premise is one per +public pedestrian entrance or one per first-floor tenant, whichever is greater. +      (2)   The total effective area of all flat attached signs per facade may +not exceed 20 percent of the facade or 400 square feet, whichever is less. +      (3)   Flat attached signs may not project above the roofline. +      (4)   A flat attached sign may not project more than 12 inches from the +facade to which it is attached. +   (e)   Marquee signs. +      (1)   The maximum number of marquee signs on any premise is one per +street frontage. +      (2)   The horizontal dimension (length) of a marquee sign may not exceed +two-thirds of the length of the facade to which it is attached. The vertical +dimension (width) of a marquee sign may not exceed six feet. +      (3)   Marquee signs are allowed only on an entertainment facility. +      (4)   Marquee signs may have a changeable message. +      (5)   Marquee signs may incorporate moving patterns or bands of light, +except that the use of illumination to produce apparent motion of a visual +image, such as animation or similar effects, is prohibited. +   (f)   Projecting signs. +      (1)   The maximum number of projecting signs on any premise is one per +facade. +      (2)   Projecting signs may not exceed 40 square feet in effective area. +      (3)   Projecting signs may not be lower than 10 feet above the sidewalk. +      (4)   No portion of a projecting sign may be located more than five feet +from the facade to which it is attached. +      (5)   A projecting sign may not project higher than four feet above the +edge of the wall to which it is attached. +      (6)   Projecting signs must be a minimum of five feet from another +projecting sign. +      (7)   Projecting signs may have a message on both sides of the sign +structure. +   (g)   Special purpose signs. +      (1)   Non-window special purpose signs. +         (A)   The maximum number of non-window special purpose signs on a +facade at any time is two. +         (B)   Non-window special purpose signs may not exceed 50 square feet +in effective area. +         (C)   Non-window special purpose signs may be displayed on a premise a +maximum of four times each calendar year for a maximum of 30 consecutive days +each time. Each new non-window special purpose sign must have a new message. +         (D)   Banners used as attached signs may only be non-window special +purpose signs. +         (E)   Non-window special purpose signs that relate exclusively to the +construction, lease, remodeling, or sale of the premise are permitted without +limit as to the number or length of time displayed. +      (2)   Window special purpose signs. +         (A)   There is no limit on the number of window special purpose signs. +         (B)   No more than 25 percent of a window surface may be covered by +either window signs or window special purpose signs, alone or in combination. +         (C)   Window special purpose signs may not contain words with +characters more than eight inches in height. +         (D)   Window special purpose signs may be displayed on a premise a +maximum of four times each calendar year for a maximum of 30 consecutive days +each time. Each new window special purpose sign must have a new message. +         (E)   Window special purpose signs may contain a district promotional +message. +         (F)   Window special purpose signs that relate exclusively to the +construction, lease, remodeling, or sale of the premises on which they are +located are permitted without limit as to the number or length of time +displayed. +   (h)   Window signs. +      (1)   There is no limit on the number of window signs. +      (2)   No more than 25 percent of a window surface may be covered by +either window signs or window special purpose signs, alone or in combination. +      (3)   Window signs that use internal neon bulbs may not cover more than +15 percent of the window surface. +      (4)   Window signs may not contain words with characters more than eight +inches in height. +      (5)   Window signs may not be taped to the window. Window signs must be +professionally hand-painted, silk screened, or made of self-adhesive vinyl. +(Ord. 25899) +SEC. 51A-7.2008   DETACHED SIGNS. +   (a)   Provisions applicable to all detached signs. +      (1)   Number. Only one detached sign may be erected on any premise, +except that a premise that has more than 450 feet of frontage along a public +right-of-way other than an alley may have no more than one additional detached +sign for each additional 450 feet of frontage or fraction thereof. +      (2)   Height and effective area dependent upon setback. +         (A)   Detached signs must be set back a minimum of 10 feet. +         (B)   A detached sign set back more than 10 feet but less than or +equal to 20 feet may not exceed 20 feet in height or exceed 50 square feet in +effective area. +         (C)   A detached sign set back more than 20 feet but less than or +equal to 30 feet may not exceed 30 feet in height or exceed 150 square feet in +effective area. +         (D)   In Subdistricts 1, 2, and 4, a detached sign set back more than +30 feet may not exceed 30 feet in height or exceed 150 square feet in effective +area. +         (E)   In Subdistricts 3 and 5, a detached sign set back more than 30 +feet may not exceed 40 feet in height or exceed 400 square feet in effective +area. +      (3)   Other requirements. +         (A)   Except for special purpose signs, detached signs may not be +placed on fences. +         (B)   A pole-mounted detached sign must have either a pole cover that +covers the entire pole and is made of masonry, metal, plastic, stucco, or wood +or have a minimum three-foot-high masonry base. +         (C)   Banners used as detached signs may only be street light banners. +   (b)   District identification signs. +      (1)   There is no limit on the number of district identification signs in +the district. +      (2)   The maximum effective area of a district identification sign is 12 +square feet. +      (3)   The maximum height of a district identification sign is 20 feet. +      (4)   District identification signs may not have a changeable message. +   (c)   Expressway signs. +      (1)   The maximum number of expressway signs is one per premise. +      (2)   Expressway signs may not exceed 400 square feet in effective area. +      (3)   Expressway signs may not exceed 40 feet in height. +      (4)   Expressway signs must be set back from the expressway and Fort +Worth Avenue a minimum of 50 feet. +   (d)   Monument signs. +      (1)   The maximum number of monument signs is one per premise. +      (2)   Monument signs may not exceed 150 square feet in effective area. +      (3)   Monument signs may not exceed 10 feet in height. +      (4)   In Subdistrict 2, monument signs must be set back a minimum of 15 +feet. +      (5)   In Subdistricts 1, 3, 4, and 5, monument signs must be set back a +minimum of 10 feet. +   (e)   Special purpose signs. +      (1)   The maximum number of special purpose signs on a premise at any +time is one per street frontage. +      (2)   Special purpose signs may not exceed 50 square feet in effective +area. +      (3)   Special purpose signs may not exceed eight feet in height. +      (4)   A special purpose sign must be located at least 100 feet from any +other detached special purpose sign on the same premise. +      (5)   Special purpose signs may be displayed on a premise a maximum of +four times each calendar year for a maximum of 30 consecutive days each time. +Each new special purpose sign must have a new message. +      (6)   Special purpose signs may be placed on fences. +      (7)   Special purpose signs may not be mounted on rotating wheels. +      (8)   Special purpose signs may not be mounted on a trailer. +      (9)   Special purpose signs may not be changeable message signs or have +changeable copy. +      (10)   Special purpose signs may not be illuminated. +      (11)   Special purpose signs may not contain flashing or blinking lights. +      (12)   Special purpose signs that relate exclusively to the construction, +lease, remodeling, or sale of the premises on which they are located are +permitted without limit as to the length of time displayed. +   (f)   Street light banners. +      (1)   The maximum number of street light banners is two per pole, with +each banner on opposite sides of the pole. +      (2)   Streetlight banners may not exceed 12 square feet in effective +area. +      (3)   Streetlight banners may not project more than three feet from the +pole onto which they are mounted. +      (4)   Streetlight banners must be at least 12 feet above the sidewalk. A +streetlight banner that overhangs a roadway must be at least 15 feet above the +roadway. +      (5)   Streetlight banners and sign hardware must be made out of weather- +resistant and rust-proof material. +      (6)   If a streetlight banner overhangs the public right-of-way, a +license must be obtained in accordance with the requirements of the City +Charter and the Dallas City Code. +      (7)   A streetlight banner must be a district identification sign, or +display a district promotional message or generic graphics. +      (8)   A street light banner having a district promotional message may not +be erected more than 60 days prior to the beginning of the advertised activity +or event, and must be removed no later than 30 days after that activity or +event has ended. +      (9)   The hardware for a streetlight banner may be left in place between +displays of a banner. A streetlight banner and the sign hardware must be +mounted on a streetlight pole and meet the sign construction and design +standards in the Dallas Building Code. +      (10)   A sign permit is not required to erect or remove a streetlight +banner. (Ord. 25899) +Division 51A-7.2100. Provisions for the Arts District Extension Area Sign +District. +SEC. 51A-7.2101.   DESIGNATION OF THE ARTS DISTRICT EXTENSION AREA SIGN +DISTRICT. +   (a)   A sign district is hereby created to be known as the Arts District +Extension Area Sign District. The boundaries of the Arts District Extension +Area Sign District are the same as those of the Dallas Arts District Extension +Area (Planned Development District No. 708). +   (b)   The property described in Subsection (a), which was formerly part of +the Downtown Special Provision Sign District, is no longer considered to be +part of that district. This division completely supersedes Division +51A-7.900 with respect to the property described in Subsection (a). +   (c)   The Arts District Extension Area Sign District has the following three +subdistricts: +      (1)   The One Arts Plaza Subdistrict is all of Lot 1A, Block A/305, Arts +Plaza Phase 1, Revised, an Addition to the City of Dallas, Dallas County, +Texas, according to the plat thereof situated in the John Grigsby Survey, +Abstract No. 495, City of Dallas, Dallas County, Texas, as filed under City +Plan File Number S078-070 and recorded as Instrument No. 20080165687, Map +Records of Dallas County, Texas. +      (2)   The Two Arts Plaza and Three Arts Plaza Subdistrict is all of Lot +2, Block A/305, Arts Plaza Phase 2, Final Plat, an Addition to the City of +Dallas, Dallas County, Texas, according to the plat thereof situated in the +John Grigsby Survey, Abstract No. 495, consisting of City of Dallas Blocks 304, +305, 568 and 570, Dallas County, Texas, as filed under City Plan File Number +S045-232 D and recorded as Instrument No. 20080358602, Map Records of Dallas +County, Texas. +      (3)   The Dallas Black Dance Theatre Subdistrict is a tract of land in +City Block No. 566 in the City of Dallas, Dallas County, Texas, and being more +particularly described as follows: +         BEGINNING at the intersection of the northwest line of Ross Avenue (as +widened) with the northeast line of Arts Plaza (formerly known as Boll Street +as street name changed per City of Dallas Ordinance No. 26921, passed on +September 12, 2007 by the City Council of the City of Dallas): +         THENCE North 44°46'00" West 348.00 feet along the northeast line of +Arts Plaza to the southeast line of Flora Street; +         THENCE North 45°26'00" East 114.00 feet along the southeast line of +Flora Street; +         THENCE South 44°46'00" East 100.00 feet along a line 114.00 feet +northeast of and parallel to the northeast line of Arts Plaza; +         THENCE North 45°26'00" East 3.00 feet; +         THENCE South 44°46'00" East 248.00 feet along a line 117.00 feet +northeast of and parallel to the northeast line of Arts Plaza to the northwest +line of Ross Avenue; +         THENCE South 45°26'00" West 117.00 feet along the northwest line of +Ross Avenue to the point of beginning and containing 40,416 square feet of land +more or less. (Ord. Nos. 25920; 28933) +SEC. 51A-7.2102.   PURPOSE. +   (a)   The Dallas Arts District Extension Area (Planned Development District +No. 708) was established on March 9, 2005, to complement the adjacent Arts +District (Planned Development District No. 145). This approximately 17.4-acre +area in the northeast section of the central business district, generally +bounded by Woodall Rodgers Freeway, North Central Expressway, Routh Street, and +Ross Avenue, represents a concerted effort on the part of the city and arts +organizations to consolidate major art institutions in one mixed-use area. +   (b)   The guideline for development in the Arts District Extension Area is +an urban design plan known as the “Sasaki Plan.” This plan is based on +district-wide design and land use concepts, which include the creation of a +pedestrian-oriented environment and a distinctive visual image for the +district. Flora Street is defined as the major pedestrian spine and focus of +development in the district. As a wide, tree-lined environment, Flora Street +connects three subdistricts (Museum Crossing, Concert Lights, and Fountain +Plaza) and provides continuity in a development framework for public +institutions and private owners. +   (c)   The sign regulations in this division have been developed with the +following objectives in mind: +      (1)   To protect the character of Flora Street and the Arts District +Extension Area from inappropriate signs in terms of number (clutter), size, +style, color, and materials. +      (2)   To enhance the image and liveliness of the Arts District Extension +Area by encouraging compatible signs that are colorful, decorative, +entertaining, and artistic in style while being functional and informative in +purpose. +      (3)   To promote the commercial success of each individual tenant in the +Arts District Extension Area and, in turn, the commercial success of all the +tenants in the district collectively. +      (4)   To create a sense of design uniformity between signs and the other +streetscape elements of the Arts District Extension Area and the Arts District. +      (5)   To help make the Arts District Extension Area an attractive place +for the public to frequent by providing ease of direction to specific cultural +institutions. +      (6)   To create a means of identifying the various types or categories of +retail establishments along Flora Street. +      (7)   To identify and promote cultural events and activities consistent +with the purposes of the Arts District Extension Area. +      (8)   To recognize that sign hardware is a part of the overall visual +design of a sign, and to ensure that investments in signs and other structures +in the Arts District Extension Area are not devalued by inappropriate or poor +quality sign hardware. (Ord. 25920) +SEC. 51A-7.2103.   DEFINITIONS. +   (a)   In this division: +      (1)   ARTS DISTRICT means Planned Development District No. 145, +established by Ordinance No. 17710, passed by the Dallas City Council on +February 16, 1983 (the Dallas Arts District). +      (2)   ARTS DISTRICT EXTENSION AREA means Planned Development District No. +708 (the Dallas Arts District Extension Area). +      (3)   ARTS DISTRICT OFFICIAL LOGO means the official logo of the Arts +District and the Arts District Extension Area, as depicted in Exhibit A in +Division +51A-7.1200, “Provisions for Arts District Sign District.” +      (4)   AWNING SIGN means a sign that is or appears to be part of an +awning. +      (5)   BLOCK means an area bounded by streets on all sides. +      (6)   BLOCKFACE means all of the lots on one side of a block. +      (7)   BUILDING CORNICE AREA means that portion of a building facade above +the highest story, but below the actual roof structure. +      (8)   BUILDING IDENTIFICATION SIGN means any sign composed of one or more +characters that identify a specific building’s name. +      (8.1)   BUILDING PLAZA AREA means an open area near a building often +featuring walkways, trees and shrubs, and places to sit. +      (9)   CBD STREETSCAPE PLAN means the Dallas Central Business District +Streetscape Guidelines approved by the Dallas City Council on April 15, 1981, +by Resolution No. 81-1118. +      (10)   CHARACTER means a symbol, as a letter or number, that represents +information. +      (11)   DETACHED PREMISE SIGN means a sign that is both a detached sign +and a premise sign as defined in Section +51A-7.102. +      (12)   DISTRICT ACTIVITY SIGN means a sign that promotes cultural events +or cultural activities in this sign district, with no portion of the sign +devoted to sponsorship. +      (13)   FLAT ATTACHED SIGN means an attached sign projecting four inches +or less from a building. +      (14)   FLORA STREET FRONTAGE AREA means the “Flora Street Frontage Area” +as defined in the Arts District Extension Area PD. +      (15)   GENERIC RETAIL IDENTIFICATION SIGN means a sign identifying a type +or category of retail establishment without identifying a specific +establishment. +      (16)   GOVERNMENTAL TRAFFIC SIGN means a sign, signal, or other traffic +control device installed by a governmental agency for the purpose of +regulating, warning, or guiding vehicular or pedestrian traffic on a public +highway. Examples of these signs include stop signs, one-way signs, no parking +signs, and electronic pedestrian and vehicular signalization devices and their +fixtures. +      (17)   INSTITUTIONAL MOVEMENT INFOR- MATION SIGN means a sign showing the +location of or route to a specific cultural institution or a parking area +serving that institution. +      (18)   KIOSK means a small structure with one or more open sides used to +display artwork or temporary signs. +      (19)   MARQUEE SIGN means a sign attached to, applied on, or supported by +a permanent canopy projecting over a pedestrian street entrance of a building, +and consisting primarily of changeable panels, words, or characters. +      (19.1)   MONUMENT SIGN means a detached sign applied directly to a +ground-level support structure (instead of a pole support) with no separation +between the sign and the ground, or mounted on a fence. +      (20)   PLAQUE means a permanent tablet, the contents of which are either +commemorative or identifying. +      (21)   PRIVATE SIGNS means those signs that are not “public signs” as +defined in this section. +      (22)   PROJECTING ATTACHED SIGN means an attached sign projecting more +than four inches from a building. +      (23)   PROMOTIONAL SIGN means a sign that promotes a cultural event or +activity. +      (24)   PUBLIC SIGNS means governmental traffic signs, institutional +movement control signs, generic retail identification signs, promotional signs, +or plaques or district activity signs as defined in this section. +      (24.1)   RETAINING WALL SIGN means an attached premise sign within the +One Arts Plaza Subdistrict or the Two Arts Plaza and Three Arts Plaza +Subdistrict that is integrated into a retaining wall. +      (25)   SASAKI PLAN means the urban design plan prepared by Sasaki +Associates, Inc. in August, 1982 to serve as the guideline for development in +the Dallas Arts District and Arts District Extension Area. The Sasaki Plan is +attached to and made a part of the Arts District PD ordinance (Ordinance No. +25508). +      (26)   SIGN HARDWARE means the structural support system for a sign, +including the fastening devices that secure a sign to a building facade or +pole. +      (26.1)   TENANT IDENTITY SIGN means an attached premise sign within the +Two Arts Plaza and Three Arts Plaza Subdistrict located on a building that is +primarily used for office uses and that identifies a specific office tenant. +      (27)   THIS DISTRICT means the Arts District Extension Area Sign +District. +      (28)   WINDOW SIGN means a sign temporarily or permanently attached to, +applied on, or supported by a window. +   (b)   Except as otherwise provided in this section, the definitions +contained in Sections +51A-2.102 and +51A-7.102 apply to this division. In the event of a conflict, this section +controls. (Ord. Nos. 25920; 28933) +SEC. 51A-7.2104.   ARTS DISTRICT EXTENSION AREA SIGN PERMIT REQUIREMENT. +   (a)   A person shall not alter, place, maintain, expand, or remove a sign in +this district without first obtaining a sign permit from the city, except that +no sign permit is required for: +      (1)   governmental traffic signs; and +      (2)   promotional signs other than banners. +   (b)   The procedure for obtaining a sign permit is outlined in this section. +Section +51A-7.602 does not apply to signs in this district. +   (c)   No sign permit may be issued to authorize a sign in this district +unless the director has first issued a certificate of appropriateness in +accordance with this section. +   (d)   Section +51A-7.504, which establishes the special sign district advisory committee for +special provision sign districts in the city generally, does not apply to this +district. City planning personnel are responsible for reviewing and making +recommendations to the director concerning applications for permits to +authorize signs in this district. +   (e)   Upon receipt of an application for a permit to authorize a sign in +this district, the building official shall refer the application and plans to +the director for a review to determine whether the work complies with this +division. The director shall conduct his or her review so that a decision on +issuance of the permit can be made within 30 calendar days from the date the +completed application is submitted to the building official. +   (f)   The director shall solicit a recommendation from the planning staff +before making a decision to approve or disapprove a certificate of +appropriateness. The recommendation of the staff is not binding upon the +director, and the director may decide a matter contrary to the recommendation +of the committee. +   (g)   A decision by the director to grant a certificate of appropriateness +may not be appealed. A decision to deny the certificate may be appealed by the +applicant. An appeal is made by filing a written request with the director for +review by the city plan commission. An appeal must be made within 10 days after +notice is given to the applicant of the director’s decision. In considering the +appeal, the sole issue shall be whether or not the director erred in making the +decision, and, in this connection, the commission shall consider the same +standards that were required to be considered by the director in making the +decision, specifically, whether the work complies with this division. Decisions +of the commission are final as to available administrative remedies and are +binding on all parties. +   (h)   If the city plan commission fails to make a decision on an appeal by +the applicant within 30 calendar days of the date the written request for an +appeal is filed with the director, the application shall be considered approved +subject to compliance with all other applicable city codes, ordinances, rules, +and regulations. (Ord. Nos. 25920; 28073) +SEC. 51A-7.2105.   SPECIAL PROVISIONS FOR ALL SIGNS. +   (a)   This division does not apply to signs that are not visible from +outside the premise on which they are located. +   (b)   Signs in this district are permitted in or overhanging the public way +subject to city franchise requirements. +   (c)   No sign may obscure a window or a significant architectural element of +a building. +   (d)   Sign hardware may be visible if its structural elements have been +specifically devised for their intrinsic contribution to an overall visual +effect. Utilitarian hardware intended only for functional purposes must be +concealed from normal view. +   (e)   Mounting devices supporting a projecting attached sign must be fully +integrated with the overall design of the sign. +   (f)   Materials, fasteners, and anchors used to manufacture and install +signs must be resistant to corrosion. +   (g)   Paints and coatings must contain a UV inhibitor to retard the +discoloration and fading effects of ultraviolet light. In addition to finish +coats, bare metals must have a primer coat or other surface pretreatment as +recommended by the paint or coating manufacturer. +   (h)   Electrical power required for signs must be supplied by means of +concealed conduit from an appropriate power source to the sign in accordance +with city codes and accepted practices of the trade. Electrical disconnects, +transformers, and related apparatus, including wiring and conduit, must be +concealed from normal view. +   (i)   No signs may be illuminated by an independent external light source. +   (j)   Burned out or defective lights in signs must be replaced within a +reasonable time. Failure to comply with this provision may result in sign +permit revocation. +   (k)   Banners are only allowed as promotional signs. +   (l)   Only those signs exempt from the Highway Beautification Act are +permitted within 660 feet of a regulated highway. (Ord. 25920) +SEC. 51A-7.2106.   PUBLIC SIGNS. +   (a)   Generic retail identification signs. +      (1)   This subsection applies only to generic retail identification signs +as defined in Section +51A-7.2103. +      (2)   These signs are only permitted on Flora Street. +      (3)   These signs must be one-eighth inch thick aluminum disks that are +12 inches in diameter. +      (4)   Messages on these signs must consist entirely of graphic symbols or +glyphs designed to identify a type or category of retail facility. They may not +identify specific retail establishments. +      (5)   These signs must be mounted on streetlight poles. No more than six +signs are allowed on a pole. When there is more than one sign, the second sign +must be the same height as the first sign and located on the other side of the +pole. Additional signs must be similarly paired and located immediately beneath +the first two signs. Thus, the proper maximum configuration will be symmetrical +and consist of three pairs of signs, with the second and third pairs being +located immediately below the first pair. +   (b)   Governmental traffic signs. +      (1)   This subsection applies only to governmental traffic signs as +defined in Section +51A-7.2103. +      (2)   Notwithstanding any other provision in this division, these signs +must comply with applicable statutory specifications. +      (3)   On Flora Street, these signs must be mounted on streetlight poles +or on white cylindrical poles. On other streets, they must be mounted on white +cylindrical poles or on other fixtures recommended in the CBD Streetscape Plan. +      (4)   The backs of these signs must be white. +   (c)   Institutional movement information signs. +      (1)   This subsection applies only to institutional movement information +signs as defined in Section +51A-7.2103. +      (2)   On Flora Street, these signs must be mounted on streetlight poles +or on white cylindrical poles. On other streets, they must be mounted on white +cylindrical poles or on other fixtures recommended in the CBD Streetscape Plan. +      (3)   The backs of these signs must be white and incorporate the Arts +District official logo. +   (d)   Plaques. Plaques must be made of bronze or stone and contain an +inscription that relates to the Arts District or the Arts District Extension +Area. +   (e)   Promotional signs. +      (1)   This subsection applies only to promotional signs as defined in +Section +51A-7.2103. +      (2)   These signs must promote cultural events and activities. The +portion of a sign devoted to sponsor identification, if any, must not exceed 10 +percent of its effective area. No sign or portion of a sign may be used to +advertise a specific product or service other than the cultural event or +activity. +      (3)   Banners must be either flat against a building facade or mounted on +streetlight poles. All other promotional signs must be affixed to city- +franchised kiosks. +      (4)   No promotional sign other than a banner may be larger than 30 +inches by 40 inches. +      (5)    No promotional sign may be permanent. Each sign must be removed no +later than 30 days after its specific advertised event or activity has ended. +   (f)    District activity signs. +      (1)    This subsection applies only to district activity signs as defined +in Section +51A-7.2103. +      (2)    District activity signs are permitted only on the first two floors +in that portion of Flora Street Frontage area, at least 660 feet away from a +regulated highway under the Highway Beautification Act. +      (3)   District activity signs are permitted up to any size as the display +contained within the transparent portion of the street wall along Flora Street. +(Ord. 25920) +SEC. 51A-7.2107.   ATTACHED PRIVATE SIGNS. +   (a)   In general. +      (1)   This section applies to all attached private signs, except +retaining wall signs and tenant identity signs. The only provision of this +section that applies to building identification signs is Paragraph (5) of this +subsection. For the regulations governing building identification signs, see +Section +51A-7.2109. For the regulations governing retaining wall signs in the One Arts +Plaza Subdistrict, see Section +51A-7.2110. For the regulations governing retaining wall signs and tenant +identity signs in the Two Arts Plaza and Three Arts Plaza Subdistrict, see +Section +51A-7.2111. +      (2)   No sign may project above the building cornice area. +      (3)   At-grade structural supports are prohibited. +      (4)   No establishment may have a mix of awning signs, projecting +attached signs, flat attached signs, and/or marquee signs, except that awning +signs may be mixed with flat attached signs. +      (5)   The total effective area of all attached private signs on a facade +may not exceed 30 percent of the facade area. Projecting attached signs are not +included in these effective area calculations. +   (b)   Awning signs. +      (1)   This subsection applies only to awning signs as defined in Section +51A-7.2103. +      (2)   Letters and numbers on these signs must: +         (A)   be parallel or perpendicular to the front building facade; and +         (B)   not exceed 18 inches in height. +      (3)   No letters or numbers are allowed on the sloped top of an awning +except as part of an official corporate logo or registered trademark. No more +than 50 percent of the total sloped awning surface area may contain graphics. +      (4)   No words, other than those which are part of the basic awning +design pattern, are permitted on awnings located above the second story. +      (5)   No sign may have flashing or sequenced lighting. +   (c)   Flat attached signs. +      (1)   This subsection applies only to flat attached signs as defined in +Section +51A-7.2103. +      (2)   These signs are not permitted above the third story of a building. +      (3)   No sign may have a length that exceeds 70 percent of the length of +the frontage of the establishment with which it is associated. Signs associated +with the same establishment must be spaced at least 30 feet apart. No sign may +exceed 60 square feet in effective area. +      (4)   The maximum character heights allowed on these signs are: +         (A)   18 inches for signs located below the third story; and +         (B)   24 inches for third-story signs. +      (5)   No sign cabinets are permitted. Adequate clear space for staging +characters must be provided. In no event may the character height exceed 60 +percent of the vertical dimension of the sign. The sides of three-dimensional +characters, if any, must be the same color as their faces. +      (6)   No sign may contain more than five words. +      (7)   Sources of sign illumination that are an integral part of the +design of the sign, such as neon or small individual incandescent lamps, are +permitted. These signs may be protected by transparent covers. +      (8)   Internally-lit plastic translucent signs are prohibited. +      (9)   No sign may have flashing or sequenced lighting. +   (d)   Marquee signs. +      (1)   This subsection applies only to marquee signs as defined in Section +51A-7.2103. +      (2)   These signs are only allowed in conjunction with establishments +that have as their major use movies or live entertainment productions. +      (3)   The permanent canopy of which this sign is a part must: +         (A)   project no more than six feet from the building facade; +         (B)   be a minimum of ten feet above the sidewalk grade; +         (C)   have a vertical dimension that does not exceed four feet; and +         (D)   have a horizontal dimension along the building facade that does +not exceed 30 feet. +      (4)   The total effective area of signs on the permanent canopy must not +exceed 120 square feet. +      (5)   No sign may: +         (A)   project more than three feet from the permanent canopy; +         (B)   extend vertically more than 30 feet above the canopy height; or +         (C)   be more than three feet in width. +      (6)   Messages with characters over eight inches in height are limited to +a maximum of five words on each canopy facade. Messages with characters under +eight inches in height have no limit on the number of words. Character height +must not exceed 60 percent of the vertical dimension of the permanent canopy, +or 24 inches, whichever is less. +      (7)   Only the name of the establishment with which the sign is +associated may appear on that portion of the sign located above the permanent +canopy. +      (8)   Display panels that announce a show or event may have plastic +characters on an internally-lit background. +      (9)   These signs may turn on or off or change their brightness. The +restrictions contained in Section +51A-7.303(b)(1) do not apply to these signs. Flashing and sequenced lighting +are permitted. +   (e)   Projecting attached signs. +      (1)   This subsection applies only to projecting attached signs as +defined in Section +51A-7.2103. +      (2)   These signs must be a minimum of ten feet above grade. +      (3)   These signs must be located in either the bottom, top, or combined +envelope depicted graphically in the diagram that is Exhibit B in Division +51A-7.1200. Restrictions on the size and location of each sign depend on which +envelope the sign is located in as follows: +  + Bottom Envelope Top Envelope Combined Envelope +Maximum projection allowed from 6 ft. 3 ft. 3 ft. +building facade +Maximum vertical dimension 10 ft. 20 ft. 30 ft. +allowed +Maximum effective area allowed 30 sq. ft. 40 sq. ft. 45 sq. ft. +for each sign face* +*Double this amount to compute the total effective area allowed for both sides +of the sign. +  +      (4)   If their characters are eight inches or less in height, these signs +are not restricted as to the number of words permitted. Signs with characters +more than eight inches in height are limited to five words. No character may +exceed 12 inches in height if the message area exceeds 60 percent of the sign +surface area. +      (5)   One sign is allowed above each entrance provided that signs +associated with the same establishment are spaced at least 30 feet apart. +      (6)   No sign may be more than 12 inches thick. All messages on these +signs must be located on a sign face that is perpendicular to the front +building facade. +      (7)   No illuminated sign or element of a sign may turn on or off or +change its brightness. +      (8)   Sources of sign illumination that are an integral part of the +design of the sign, such as neon or small individual incandescent lamps, are +permitted. These signs may be protected by transparent covers. +      (9)   Internally-lit plastic translucent signs are prohibited. +   (f)   Window signs. +      (1)   This subsection applies only to window signs as defined in Section +51A-7.2103. +      (2)   No character on these signs may exceed 12 inches in height. +      (3)   The maximum amount of window area that may be utilized as sign +space varies depending on the location of the window as follows: +  +Window Location Maximum Window Coverage Allowed +First Story 8 sq. ft. or 15 percent, whichever is less +Second Story 10 sq. ft. or 20 percent, whichever is less +Third Story 12 sq. ft. or 25 percent, whichever is less +  +      (4)   No establishment may have more than four window signs. +      (5)   Hanging neon signs are allowed if their transformers are concealed +from normal view. +      (6)   Opaque painted backgrounds on windows are prohibited. (Ord. Nos. +25920; 28933) +SEC. 51A-7.2108.   DETACHED PRIVATE SIGNS. +   (a)   Detached non-premise signs. Detached non-premise private signs are +prohibited in this district. +   (b)   Detached premise signs. +      (1)   This subsection applies to all detached premise signs except +building identification signs. For the regulations governing building +identification signs, see Section +51A-7.2109. +      (2)   Except in the One Arts Plaza Subdistrict, the Two Arts Plaza and +Three Arts Plaza Subdistrict, and the Dallas Black Dance Theatre Subdistrict, +no detached premise sign may exceed 20 square feet in effective area. +      (3)   Each premise may have no more than one sign on each blockface. +      (4)   The pole support element of these signs must be a cylindrical metal +column that is six inches in diameter and white in color. +      (5)   Except in the One Arts Plaza Subdistrict, the Two Arts Plaza and +Three Arts Plaza Subdistrict, and the Dallas Black Dance Theatre Subdistrict, +no sign may exceed 13 feet, 6 inches in height. +      (6)   The face of these signs must be flat. Vacuum-formed sign faces are +prohibited. +      (7)   No sign may move or rotate. +      (8)   No sign may be more than 12 inches thick. +      (9)   No illuminated sign or element of a sign may turn on or off or +change its brightness. (Ord. Nos. 25920; 28933) +SEC. 51A-7.2109.   BUILDING IDENTIFICATION SIGNS. +   (a)   This section applies only to building identification signs as defined +in Section +51A-7.2103. +   (b)   Illumination of these signs, if any, must be from within to illuminate +the building facade or monument and produce a “halo” around the characters. No +illuminated sign or element of a sign may turn on or off or change its +brightness. +   (c)   These signs must be located: +      (1)   on a building facade above an entrance; +      (2)   in the building cornice area; or +      (3)   on a monument in a landscaped area between a building facade and +the property line. +   (d)   Signs located above building entrances are limited to the building +name and/or street address. +      (1)   Lower-level building identification signs. A maximum of 50 square +feet of effective area of each sign may be allocated to the building name, and +a maximum of 25 square feet of effective area of each sign may be allocated to +the building address. The maximum permitted heights of characters on these +signs are 24 inches for the building name, and 12 inches for the building +address. These signs are not allowed above the third story of the building. +      (2)   Upper-level flat attached building identification signs. +         (A)   Each upper-level flat attached building identification sign may +have a maximum of eight words that contain any character of a height equal to +or exceeding four inches. +         (B)   Upper-level flat attached signs must be wholly located within +the portion of a facade more than 36 feet above grade and within the top 12 +feet of a facade on buildings 18 stories or less, or within the top 36 feet of +a facade on buildings more than 18 stories. +   (e)   No facade may have more than one sign in the building cornice area. +   (f)   Signs on monuments must conform to the setback and area regulations of +detached premise signs in this chapter generally. These signs must be composed +of individual characters made of bronze, brass, or stainless steel, or be +engraved in stone. (Ord. 25920) +SEC. 51A-7.2110.   ONE ARTS PLAZA SUBDISTRICT. +   (a)   In general. Except as provided in this division, the provisions of the +Arts District Extension Area Sign District apply in this subdistrict. +   (b)   Monument signs. +      (1)   Only two monument signs are permitted. +      (2)   Monument signs must be freestanding. +      (3)   Monument signs may be two sided, but must be located in a building +plaza area. +      (4)   Monument signs may identify a building’s owner or developer and +multiple tenants. +      (5)   Monument signs may be located at the building line. +      (6)   Monument signs may be located within five feet of the public right- +of-way. +      (7)   The maximum height for a monument sign is eight feet measured to +the top of the sign face. +      (8)   The maximum effective area for a monument sign is 50 square feet. +      (9)   All elements of a monument sign must be consistent in color and +material. +   (c)   Retaining wall signs. +      (1)   Only two retaining wall signs are permitted. +      (2)   Retaining wall signs must be mounted on a perimeter retaining wall +facing a right-of-way. +      (3)   Retaining wall signs may identify the building’s owner or developer +and multiple tenants. +      (4)   Retaining wall signs may be located within five feet of the public +right-of-way. +      (5)   The maximum height for a retaining wall sign is eight feet measured +to the top of the sign face. +      (6)   The maximum effective area for a retaining wall sign is 20 square +feet. +      (7)   All elements of a retaining wall sign must be consistent in color +and material. (Ord. 28933) +SEC. 51A-7.2111.   TWO ARTS PLAZA AND THREE ARTS PLAZA SUBDISTRICT. +   (a)   In general. Except as provided in this division, the provisions of the +Arts District Extension Area Sign District apply in this subdistrict. +   (b)   Monument signs. +      (1)   A maximum of four monument signs are permitted. +      (2)   Only two monument signs are permitted per building site. +      (3)   Monument signs must be freestanding. +      (4)   Monument signs may be two sided, but must be located in a building +plaza area. +      (5)   Monument signs may identify a building’s owner or developer and +multiple tenants. +      (6)   Monument signs may be located at the building line. +      (7)   Monument signs may be located within five feet of the public right- +of-way. +      (8)   The maximum height for a monument sign is eight feet measured to +the top of the sign face. +      (9)   The maximum effective area for a monument sign is 50 square feet. +      (10)   All elements of a monument sign must be consistent in color and +material. +   (c)   Retaining wall signs. +      (1)   A maximum of four retaining wall signs are permitted. +      (2)   Only two retaining wall signs are permitted per building site. +      (3)   Retaining wall signs must be mounted on a perimeter retaining wall +facing a right-of-way. +      (4)   Retaining wall signs may identify the building’s owner or developer +and multiple tenants. +      (5)   Retaining wall signs may be located within five feet of the public +right-of-way. +      (6)   The maximum height for a retaining wall sign is eight feet measured +to the top of the sign face. +      (7)   The maximum effective area for a retaining wall sign is 20 square +feet. +      (8)   All elements of a retaining wall sign must be consistent in color +and material. +   (d)   Tenant identity signs and building identification signs. +      (1)   Except as provided in this subsection, only one tenant identity +sign or building identification sign is permitted per facade. +      (2)   North of the One Arts Plaza Subdistrict, tenant identity signs and +building identification signs are prohibited on the southern facade of a +structure. +      (3)   East of the One Arts Plaza Subdistrict, tenant identity signs and +building identification signs are prohibited on the western facade of a +structure. +      (4)   Tenant identity signs must be located above the highest leasable +floor. +      (5)   Tenant identity signs must be composed of individual letters only +and illumination of these signs, if any, must be internal to each letter. No +illuminated sign or element of a sign may turn on or off or change its +brightness. +      (6)   All tenant identity signs and building identity signs must be the +same color. (Ord. 28933) +SEC. 51A-7.2112.   DALLAS BLACK DANCE THEATRE SUBDISTRICT. +   (a)   In general. +      (1)   Except as provided in this division, the provisions of the Arts +District Extension Area Sign District apply in this subdistrict. +      (2)   For the purposes of this section, the entire subdistrict is +considered one building site. +   (b)   Monument signs. +      (1)   Only two monument signs are permitted. +      (2)   Monument signs must be freestanding. +      (3)   Monument signs may be two sided, but must be located in a building +plaza area. +      (4)   Monument signs may identify a building’s owner or developer and +multiple tenants. +      (5)   Monument signs may be located at the building line. +      (6)   Monument signs may be located within five feet of the public right- +of-way. +      (7)   The maximum height for a monument sign is eight feet measured to +the top of the sign face. +      (8)   The maximum effective area for a monument sign is 50 square feet. +      (9)   All elements of a monument sign must be consistent in color and +material. (Ord. 28933) +Division 51A-7.2200. Parkland Hospital Sign District. +SEC. 51A-7.2201.   DESIGNATION OF PARKLAND HOSPITAL SIGN DISTRICT. +   (a)   A sign district is hereby created to be known as the Parkland Hospital +Sign District. +   (b)   This district is that area of the city within the boundaries described +in Exhibit A attached to Ordinance No. 28950, passed by the Dallas City Council +on March 27, 2013. (Ord. 28950) +SEC 51A-7.2202.   DESIGNATION OF CORRIDORS. +   (a)   This district is hereby divided into three corridors: the Perimeter +Corridor, the Parkland Corridor, and the Service Corridor. +   (b)   The Perimeter Corridor is that area of the city generally bordering on +Harry Hines Boulevard, Medical District Drive, and Maple Avenue within the +boundaries described in Exhibit B attached to Ordinance No. 28950, passed by +the Dallas City Council on March 27, 2013. +   (c)   The Parkland Corridor is that area of the city generally encompassing +the internal campus drive from Harry Hines Boulevard to Maple Avenue and from +Tex-Oak Avenue to Bengal Street within the boundaries described in Exhibit C +attached to Ordinance No. 28950, passed by the Dallas City Council on March 27, +2013. +   (d)   The Service Corridor is that area of the city generally bordering the +Parkland campus on the west, Tex-Oak Avenue, Butler Street, portions of +Redfield Street, and Amelia Court within the boundaries described in Exhibit D +attached to Ordinance No. 28950, passed by the Dallas City Council on March 27, +2013. (Ord. 28950) +SEC. 51A-7.2203.   PURPOSE. +   (a)   The purpose of this division is to regulate both the construction of +new signs and alterations of existing signs with a view towards enhancing, +preserving, and developing the unique character of the Parkland Hospital area +while addressing the public’s need to find and navigate to the multiple +entrances efficiently. +   (b)   The objectives of this division include those listed in Section +51A-7.101 as well the objectives of ensuring that signs are appropriate to the +architecture of the district, do not obscure significant architectural +features, and lend themselves to the various user types (vehicular to +pedestrian) of the area. +   (c)   The district regulations reflect the vehicular speeds along Harry +Hines Boulevard and Medical District Drive, the high level of pedestrian +activity along Parkland Boulevard, and the need to maximize effective +orientation to multiple buildings on the campus. (Ord. 28950) +SEC. 51A-7.2204.   DEFINITIONS. +   In this division: +      (1)   ARCADE SIGN means any sign that is mounted under a canopy or awning +and is perpendicular to the building to which the canopy or awning is attached. +This sign is intended to be read from the pedestrian walkway that the canopy or +awning covers. +      (2)   AWNING means a fabric or vinyl surface supported by a metal +structure, which is applied to the face of a building. +      (3)   AWNING SIGN means a sign attached to, painted on, or otherwise +applied to an awning. +      (4)   BANNER means a sign attached to or applied on a strip of cloth, +vinyl, or similar material and attached to a building, pole, or structure. +Awning signs, canopy signs, and flags are not banners. +      (5)   BRANDING SIGN means a sign that only displays the brand, logo, or +name of the district. +      (6)   CANOPY means a permanent, non-fabric architectural element +projecting from the face of a building. +      (7)   CANOPY SIGN means a sign attached to, applied on, or supported by a +canopy. +      (8)   CHANGEABLE MESSAGE SIGN means a sign displaying static images that +may display different designs, messages, or advertisements and that may include +LED/LCD elements, slide lettering, slated rotating surfaces, or other +changeable message technology. +      (9)   CONSTRUCTION BARRICADE SIGN means a sign that is affixed to a +construction barricade. +      (10)   DONOR RECOGNITION SIGN means a sign made of words, logos, or +emblems that displays the name of an individual, institution, or other entity +that donates money, time, services, or other goods to Parkland Hospital or the +Parkland Foundation for the benefit of the hospital. +      (11)   DISTRICT means the Parkland Hospital Sign District. +      (12)   EFFECTIVE AREA means the following: +         (A)   For a detached sign, the area within a minimum imaginary +rectangle of vertical and horizontal lines that fully contains all extremities +of the sign, excluding its supports. This rectangle is calculated from an +orthographic projection of the sign viewed horizontally. The viewpoint for this +projection that produces the largest rectangle must be used. If elements of the +sign are movable or flexible, such as a flag or a string of lights, the +measurement is taken when the elements are fully extended and parallel to the +plane of view. +         (B)   For an attached sign, the sum of the areas within minimum +imaginary rectangles of vertical and horizontal lines, each of which fully +contains a word. If a design, outline, illustration, or interior illumination +surrounds or attracts attention to a word, then it is included in the +calculation of effective area. +         (C)   For signs placed on a fence, non-enclosing wall, planter, or +other similar structure that is designed to serve a separate purpose other than +to support the sign, the entire area of such structure is not computed, and the +effective area is to be measured by the rule for effective area for attached +signs. +      (13)   FLAT ATTACHED SIGN means an attached sign projecting 24 inches or +less from a building, and with a face parallel to the building facade. +      (14)   GENERIC GRAPHICS means a pattern of shapes, colors, or symbols +that does not commercially advertise. +      (15)   KIOSK means a multi-sided structure for the display of premise +signs, information messages, and wayfinding information and maps. +      (16)   LANDSCAPE SIGN means a sign that is a part of a single landscape +design which creates a base for the sign in conjunction with a retaining wall +or an open space created with the use of water or planting material. +      (17)   LOWER LEVEL SIGN AREA means the portion of a facade equal to or +less than 85 linear feet measured vertically from the ground. +      (18)   MONUMENT SIGN means a detached sign applied directly onto a grade- +level support structure (instead of a pole support) with no separation between +the sign and grade. +      (19)   MOVEMENT CONTROL SIGN means a sign that must direct vehicular or +pedestrian movement onto or within this district and may include the name or +logo of any premise located in this district. +      (20)   PARKING LOT IDENTIFICATION SIGN means a sign that may display the +number, name, and primary users, in any combination, of a parking lot within +the district. +      (21)   PARKING ZONE IDENTIFICATION SIGN means a sign identifying a +particular zone or area within a parking lot either by letter, number, name, or +a combination of the three, typically located on light poles within the parking +lot. +      (22)   PEDESTRIAN MOVEMENT CONTROL SIGN means a sign providing +information about any of the following: +         (A)   The name, trade name, or logo of the owner or occupant of any +premise within this district. +         (B)   The identification of any premise within this district. +         (C)   Any accommodations, services, or activities offered or +conducted, other than incidentally, on any premise within this district. +         (D)   Pedestrian directional information. +         (E)   Campus maps and other orientation information. +      (23)   PERMANENT SIGN means any sign that is not a temporary sign as +defined in this section. +      (24)   PROJECTING ATTACHED SIGN means an attached sign projecting 18 or +more inches from a building. +      (25)   PROMOTIONAL MESSAGE means a message that identifies, promotes, or +advertises a cultural activity within this district, any event being conducted, +in whole or in part, in this district, or any special event being conducted in +this district. +      (26)   SPECIAL EVENT means a special event as defined in Chapter 42A of +the Dallas City Code. +      (27)   TEMPORARY SIGN means a sign erected for a limited time that +identifies an event or activity of limited duration. Examples include signs +advertising the sale or lease of property, construction activity in progress, +or a special or other cultural event. +      (28)   UPPER LEVEL SIGN AREA means the portion of a facade within the top +45 linear feet of the building measured vertically. +      (29)   VISION GLASS means window glass that is transparent, translucent, +or decoratively fritted. +      (30)   WELCOME MESSAGE means a message that identifies and greets heads +of state; foreign dignitaries; groups using city or county property in +accordance with a contract, license, or permit; or government organizations. +      (31)   WINDOW DISPLAY SIGN means a sign placed within a storefront window +of a building and designed to be viewed from a street or public area. (Ord. +28950) +SEC. 51A-7.2205.   SIGN PERMIT REQUIREMENTS. +   (a)   In general. Except as provided in this subsection, a person shall not +alter, place, maintain, expand, or remove a sign in this district without first +obtaining a sign permit. A sign permit is not required to: +      (1)   Change the text on a changeable message sign, a window display +sign, a protective sign, or a kiosk. +      (2)   Erect or replace a banner on a street pole using the existing sign +hardware. A sign permit is required to install sign hardware for a banner. +      (3)   Erect a temporary sign that is less than 50 square feet in +effective area. +      (4)   Erect a non-illuminated sign with an effective area of 20 square +feet or less. +   (b)   Sign permit procedures. The procedures for obtaining a sign permit +using the director procedure in Section +51A-7.505(4) apply in this district. +   (c)   Special event signs. Special event signs are governed by the special +event permit. (Ord. 28950) +SEC. 51A-7.2206.   IMITATION OF TRAFFIC AND EMERGENCY SIGNS PROHIBITED. +   No person shall cause to be erected or maintained any sign using any +combination of forms, words, colors, or lights that imitate standard public +traffic regulatory or emergency signs or signals. (Ord. 28950) +SEC. 51A-7.2207.   CREATION OF SITE. +   Except for signs located wholly within the public right-of-way, the building +official shall not issue a permit for construction, erection, placement, or +maintenance of a sign until a site is established in one of the following ways: +      (1)   A lot is part of a plat which is approved by the city plan +commission and filed in the plat records of Dallas County, Texas. +      (2)   Tracts that are governed by a detached sign unity agreement in +accordance with Section +51A-7.213. (Ord. 28950) +SEC. 51A-7.2208.   SIGNS OVER THE PUBLIC RIGHT-OF-WAY. +   (a)   Signs may be located in or project over the public right-of-way, +including, but not limited to, sidewalks, subject to the licensing and +franchise requirements of Chapter XIV of the city charter, as amended; +Article VI of +Chapter 43 of the Dallas City Code, as amended; and the requirements of this +section. +   (b)   The traffic engineer shall review the location of any sign located in +or overhanging the public right-of-way to ensure that the sign will not pose a +traffic hazard or visibility obstruction. (Ord. 28950) +SEC. 51A-7.2209.   GENERAL PROVISIONS FOR ALL SIGNS. +   (a)   Except as provided in this division, all signs must comply with +Article VII. +   (b)   Except as provided in this subsection, the minimum setback from back +of curb is two feet. In the Perimeter Corridor, the minimum setback from back +of curb is 10 feet. +   (c)   Signs are not allowed in a visibility triangle. +   (d)   All permanent signs must be premise signs or convey a noncommercial +message. +   (e)   Signs may not be painted onto the roof of a building, and flat +attached signs are not permitted on the roof of a building, except that helipad +signs identifying Parkland Hospital are permitted to be painted onto the roof +of a building. +   (f)   Signs may be internally illuminated. +   (g)   Illuminated signs with an effective area of 500 square feet or less +may not have a luminance greater than 300 foot lamberts, nor may any such sign +have a luminance greater than 300 foot lamberts for any portion of the sign +within a circle two feet in diameter. Illuminated signs with an effective area +greater than 500 square feet may not have a luminance greater than 200 foot +lamberts, nor may any such sign have a luminance greater than 200 foot lamberts +for any portion of the sign within a circle of two feet in diameter. The +measurements of luminance are taken from any other premise or from any public +right-of-way other than an alley. +   (h)   Changeable messages must follow the requirements of Section +51A-7.303(b). +   (i)   There is no limit to the number of words permitted on a sign. (Ord. +28950) +SEC. 51A-7.2210.   MOVEMENT CONTROL SIGNS. +   (a)   In general. +      (1)   Movement control signs may be erected on any premise without limit +as to number. +      (2)   Movement control signs may contain generic graphics. +   (b)   Primary movement control signs. Primary movement control signs: +      (1)   must be monument signs; +      (2)   may not exceed 150 square feet in effective area; +      (3)   may not exceed 20 feet in height; and +      (4)   may only be located in the Perimeter Corridor. +   (c)   Secondary movement control signs. Secondary movement control signs: +      (1)   must be monument signs; +      (2)   may not exceed 100 square feet in effective area; +      (3)   may not exceed 16 feet in height; and +      (4)   may only be located in the Perimeter Corridor. +   (d)   Tertiary movement control signs. Tertiary movement control signs: +      (1)   must be monument signs; +      (2)   may not exceed 50 square feet in effective area; +      (3)   may not exceed 11 feet in height; +      (4)   may be located anywhere in the district; and +      (5)   in the Parkland Corridor, may contain multiple tenant names. +   (e)   Quaternary movement control signs. Quaternary movement control signs: +      (1)   must be monument signs; +      (2)   may not exceed 20 square feet in effective area; +      (3)   may not exceed six feet in height; and +      (4)   may be located anywhere in the district. +   (f)   Overhead movement control signs. Overhead movement control signs: +      (1)   must be pole mounted signs; +      (2)   may not exceed 40 square feet in aggregate effective area of +movement control panels; +      (3)   must have a minimum clearance of 13 feet; and +      (4)   may be located anywhere in the district. +   (g)   Parkland Corridor movement control signs. Parkland Corridor movement +control signs: +      (1)   must be pole mounted signs; +      (2)   may not exceed 25 square feet in effective area of movement control +panels; +      (3)   may also support a banner (the banner square footage is not counted +as part of the square footage); +      (4)   must have a minimum clearance of eight feet; and +      (5)   may be located only in the Parkland Corridor. +   (h)   Pedestrian movement control signs. Pedestrian movement control signs: +      (1)   must be monument signs; +      (2)   may not exceed 20 square feet in effective area; +      (3)   may not exceed 10 feet in height; and +      (4)   may be located anywhere in the district. +   (i)   Parking zone identification signs. Parking zone identification signs: +      (1)   must be pole mounted signs; +      (2)   may not exceed three square feet in effective area; +      (3)   must have a minimum clearance of eight feet; and +      (4)   may be located anywhere in the district. +   (j)   Parking lot identification signs. Parking lot identification signs: +      (1)   must be monument signs; +      (2)   may not exceed 25 square feet in effective area; and +      (3)   may be located anywhere in the district. (Ord. 28950) +SEC. 51A-7.2211.   DISTRICT IDENTIFICATION SIGNS. +   (a)   District identification signs may only identify the name or logo of +this district or an abutting special provision sign district. +   (b)   District identification signs may be internally or externally +illuminated. +   (c)   In the Perimeter Corridor, a maximum of two district identification +signs are permitted. A district identification sign in this corridor may be +attached onto a non-enclosing wall or may be a monument sign. +      (1)   If the sign is attached onto a non-enclosing wall, the sign may not +exceed 10 square feet in effective area. +      (2)   If the sign is a monument sign, the sign may not exceed 20 feet in +height or 150 square feet in effective area. +   (d)   In the Parkland Corridor, district identification signs are +prohibited. +   (e)   In the Service Corridor, a maximum of two district identification +signs are permitted and they must be monument signs. The signs may not exceed +11 feet in height or 45 square feet in effective area. (Ord. 28950) +SEC. 51A-7.2212.   BANNER SIGNS. +   (a)   Banner signs may not be illuminated. +   (b)   Banner signs may be attached to Parkland Corridor movement control +sign poles, or may be mounted to street light poles in the Perimeter Corridor +or the Service Corridor. +   (c)   Pole mounted banner signs are not limited in number. +   (d)   Pole mounted banner signs must: +      (1)   meet the sign construction and design standards contained in the +Dallas Building Code; +      (2)   be at least eight feet, but no more than 16 feet, above grade; +      (3)   not project more than three feet from the pole on which they are +mounted; +      (4)   not exceed eight square feet in effective area; +      (5)   be made out of weather-resistant and rust-proof material; and +      (6)   may contain district activity promotional messages, welcome +messages, premise messages, and sponsorship messages. +   (e)   A sign permit is not required to erect or remove a pole mounted +banner. (Ord. 28950) +SEC. 51A-7.2213.   BRANDING SIGNS. +   (a)   An unlimited number of branding signs may be located on or +incorporated into manhole covers, street light poles, sidewalks, benches, trash +receptacles, and other improvements. +   (b)   Branding signs may not exceed one square foot in effective area. (Ord. +28950) +SEC. 51A-7.2214.   DONOR RECOGNITION SIGNS. +   (a)   Attached donor recognition signs. +      (1)   Attached donor recognition signs are allowed in the lower level +sign area only. +      (2)   Attached donor recognition signs may not be located on vision +glass, but may be located on non-vision glass or solid surface areas of the +facade. +      (3)   The aggregate square footage of all donor recognition signs on a +facade may not exceed 15 percent of the facade to which they are attached. +      (4)   Attached donor recognition signs may be located anywhere in the +district. +   (b)   Detached donor recognition signs. +      (1)   Detached donor recognition signs may be monument or landscape +signs. +      (2)   Detached donor recognition signs may not exceed 50 square feet in +effective area. +      (3)   Detached donor recognition signs may not exceed 11 feet in height. +      (4)   Detached donor recognition signs may include other non-commercial +messages. +      (5)   Detached donor recognition signs may be located anywhere in the +district. (Ord. 28950) +SEC. 51A-7.2215.   STREAMERS, PENNANTS, AND INFLATABLE SEASONAL DECORATIONS +PROHIBITED. +   Streamers, pennants, and inflatable seasonal decorations, including, but not +limited to, balloons, are prohibited. (Ord. 28950) +SEC. 51A-7.2216.   ATTACHED SIGNS. +   (a)   In general. +      (1)   Except as provided in this subsection, the total effective area for +all attached signs on a facade may not exceed 30 percent of the area of the +facade. +      (2)   Projecting signs and special event signs may not exceed 20 percent +of the area of facade. +      (3)   Attached signs must be securely attached. +      (4)   Attached signs may not project more than four feet above the +surface to which they are attached. +      (5)   Attached signs may only be located in the lower level sign area or +the upper level sign area. +   (b)   Arcade signs. +      (1)   Arcade signs may be located anywhere in the district. +      (2)   An arcade sign must be located at least six feet from any other +arcade sign. +      (3)   Arcade signs may not exceed six square feet in effective area. +      (4)   Arcade signs may not be lower than 10 feet above grade. +   (c)   Awning signs. +      (1)   Awning signs may be located anywhere in the district. +      (2)   Awning signs may not project beyond the surface of the awning or be +lower than 10 feet above grade. +      (3)   Awning signs may not exceed six square feet in effective area. +      (4)   Awning signs must be located over a window or a door. +      (5)   Awning signs may not be backlit. +   (d)   Canopy signs. +      (1)   Canopy signs may be located anywhere in the district. +      (2)   Canopy signs may not: +         (A)   exceed 75 percent of the length of the canopy facade to which it +is attached; +         (B)   project vertically beyond the canopy more than four feet; +         (C)   project horizontally more than 12 inches from the surface of the +canopy; or +         (D)   be lower than 10 feet above grade. +   (e)   Flat attached signs. +      (1)   Except as provided in this division, a flat attached sign may be +located anywhere in the district. +      (2)   The minimum distance between flat attached signs on a retail or +mixed use premise is four feet. +      (3)   The maximum width of a flat attached sign on a retail or mixed use +premise is 75 percent of the facade width. +      (4)   Flat attached signs on a retail or mixed use premise may not be +located more than 20 feet from the ground. +   (f)   Projecting attached signs. +      (1)   Projecting attached signs may be located anywhere in the district. +      (2)   Projecting attached signs on a retail or mixed use premise may not: +         (A)   exceed 20 square feet in effective area; +         (B)   be lower than 10 feet above grade; +         (C)   be closer than 15 feet to any other projecting attached sign on +a retail or mixed use premise; or +         (D)   project vertically above 20 feet. (Ord. 28950) +SEC. 51A-7.2217.   WINDOW DISPLAY SIGNS. +   (a)   Window display signs are permitted only on the ground floor of a +retail or mixed-use premise in the Parkland Corridor. +   (b)   Window display signs may not cover more than 25 percent of the surface +area of a window. (Ord. 28950) +SEC. 51A-7.2218.   KIOSK SIGNS. +   (a)   A maximum of 10 kiosks are permitted in this district. +   (b)   Kiosks may not be illuminated by a detached, independent external +light source. +   (c)   Kiosks may be changeable message signs. +   (d)   Kiosks must be spaced at least 50 feet apart. +   (e)   Kiosks must be securely anchored to the ground. +   (f)   Kiosks may not exceed 10 feet in height and 50 square feet in +effective area. The display area for each sign on a kiosk may not exceed 20 +square feet in effective area. (Ord. 28950) +SEC. 51A-7.2219.   CONSTRUCTION BARRICADE SIGNS. +   (a)   Construction barricade signs may not be illuminated or contain any +moving parts. +   (b)   Construction barricade signs must be removed when the construction +barricade is removed. +   (c)   A construction barricade may be fully decorated with a graphic except +that: +      (1)   no decoration or part of the graphic may project more than two +inches horizontally from the barricade facade, or +      (2)   no decoration or graphic may project more than four feet vertically +above the top of the barricade. (Ord. 28950) +SEC. 51A-7.2220.   TEMPORARY SIGNS. +   (a)   Temporary signs may be externally or internally illuminated. +   (b)   Temporary signs may be attached or detached. +   (c)   Attached temporary signs may not exceed 125 square feet in effective +area. +   (d)   Detached temporary signs may not exceed 25 square feet in effective +area. (Ord. 28950) +Division 51A-7.2300. Southwestern Medical District Sign District. +SEC. 51A-7.2301.   DESIGNATION OF SOUTHWESTERN MEDICAL SPECIAL PROVISION SIGN +DISTRICT. +   (a)   A special provision sign district is hereby created to be known as the +Southwestern Medical District Sign District. +   (b)   This district is that area within the boundaries described in Exhibit +A attached to Ordinance No. 29392, passed by the Dallas City Council on June +25, 2014. (Ord. 29392) +SEC. 51A-7.2302.   PURPOSE. +   (a)   The purpose of this division is to regulate both the construction of +new signs and alterations of existing signs with a view towards enhancing, +preserving, and developing the unique character of the Southwestern Medical +District area while addressing the public's need to locate and navigate to the +multiple hospital and medical office entrances efficiently. +   (b)   The objectives of this division include those listed in Section +51A-7.101 as well as to: +      (1)   Create an aesthetically pleasing environment that cultivates a +center for healthcare, education, biomedical research, and technology. +      (2)   Designate entries into this district. +      (3)   Communicate clear directions to, within, and through the district. +      (4)   Promote the goods and services available in this district. +      (5)   Ensure that the size and orientation of signs assist pedestrian and +vehicular traffic. +      (6)   Enhance economic growth and community identity for local businesses +and residents in the district. +      (7)   Ensure that significant architectural features and buildings within +this district are not obscured by inappropriate signs. +      (8)   Identify and promote special events and cultural activities in this +district. +      (9)   Identify and highlight key features, local amenities, corridors, +and communities in and adjacent to this district. (Ord. 29392) +SEC. 51A-7.2303.   DEFINITIONS AND INTERPRETATIONS. +   In this division: +      (1)   BANNER means a sign attached to or applied on a strip of cloth, +vinyl, metal, or similar material and attached to a building, pole, or +structure. Canopy signs and flags are not banners. +      (2)   CHANGEABLE MESSAGE SIGN means a sign displaying static images that +may display different designs, messages, or advertisements and that may include +LED/LCD elements, slide lettering, slated rotating surfaces, or other +changeable message technology. +      (3)   CONSTRUCTION BARRICADE SIGN means a sign that is affixed to a +construction barricade. +      (4)   DISTRICT OR THIS DISTRICT means the Southwestern Medical District +Sign District. +      (5)   EFFECTIVE AREA means the following: +         (A)   For a detached sign, the area within a minimum imaginary +rectangle of vertical and horizontal lines that fully contains all extremities +of the sign, excluding its supports. This rectangle is calculated from an +orthographic projection of the sign viewed horizontally. The viewpoint for this +projection that produces the largest rectangle must be used. If elements of the +sign are movable or flexible, such as a flag or a string of lights, the +measurement is taken when the elements are fully extended and parallel to the +plane of view. +         (B)   For an attached sign, the sum of the areas within minimum +imaginary rectangles of vertical and horizontal lines, each of which fully +contains a word. If a design, outline, illustration, or interior illumination +surrounds or attracts attention to a word, then it is included in the +calculation of effective area. +         (C)   For signs placed on a fence, non-enclosing wall, planter, or +other similar structure that is designed to serve a separate purpose other than +to support the sign, the entire area of such structure is not computed, and the +effective area is to be measured by the rule for effective area for attached +signs. +      (6)   FLAT ATTACHED SIGN means an attached sign projecting 24 inches or +less from a building, and with face parallel to the building facade. +      (7)   GATEWAY SIGN means a district entry monument sign that lets +travelers know they are entering a distinct area within this district. +      (8)   GENERIC GRAPHICS mean a pattern of shapes, colors, or symbols that +does not commercially advertise. +      (9)   GOVERNMENTAL TRAFFIC SIGN means a sign, signal, or other traffic +control device installed by a governmental agency for the purpose of +regulating, warning, or guiding vehicular or pedestrian traffic on a public +roadway, including stop signs, one-way signs, no parking signs, and electronic +pedestrian and vehicular signalization devices and their fixtures. +      (10)   LOGO means a graphic or emblem that is used to identify, +symbolize, and promote an entity or organization. +      (11)   MEDICAL INSTITUTION means healthcare, medical, educational, and +research facilities and destinations within this district that may have a +helipad. +      (12)   MONUMENT SIGN means a detached sign applied directly onto a grade- +level support structure (instead of a pole support) with no separation between +the sign and grade. +      (13)   MOVEMENT CONTROL SIGN means a sign that must direct vehicular or +pedestrian movement into or within this district and may include the name or +logo of this district or of any premise within this district. +      (14)   PERMANENT SIGN means any sign that is not a temporary sign as +defined in this section. +      (15)   PROMOTIONAL MESSAGE means a message that identifies, promotes, or +advertises a cultural activity within this district, any event being conducted, +in whole or in part, within this district, or any special event being conducted +within this district. +      (16)   SIGN HARDWARE means the structural support system for a sign, +including the fastening devices that secure the sign to a building facade or +pole. +      (17)   SOUTHWESTERN MEDICAL DISTRICT IDENTIFICATION SIGNS means gateway +signs, movement control signs, trailblazer signs, and district street topper +signs that designate the boundaries of this district and guide people coming to +medical institution destinations. +      (18)   SPECIAL EVENT means a special event as defined in Chapter 42A of +the Dallas City Code. +      (19)   TEMPORARY SIGN means a sign erected for a limited time that +identifies an event or activity of limited duration. Examples include signs +advertising the sale or lease of property, construction activity in progress, +or a special or other cultural event. +      (20)   TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES means the latest +publication of the Texas Manual on Uniform Traffic Control Devices published by +the Texas Department of Transportation. +      (21)   TRAILBLAZER SIGN means a sign placed strategically to guide +travelers to a particular destination within this district. +      (22)   VIDEOBOARD SIGN means a flat screen that is capable of displaying +moving images similar to television images, by light-emitting diode or other +similar technology, and that is mounted to the exterior of a building. +      (23)   WELCOME MESSAGE means a message that identifies and greets heads +of state; foreign dignitaries; groups using city or county property in +accordance with a contract, license, or permit; or government organizations. +(Ord. 29392) +SEC. 51A-7.2304.    SOUTHWESTERN MEDICAL DISTRICT IDENTIFICATION SIGN PERMIT +REQUIREMENTS. +   (a)   In general. Except as provided in this subsection, a person shall not +alter, place, maintain, expand, or remove a Southwestern Medical District +identification sign in this district without first obtaining a sign permit. A +sign permit is not required to: +      (1)   Change the text on a changeable message sign or a protective sign. +      (2)   Erect or replace a banner on a street pole using the existing sign +hardware. A sign permit is required to install sign hardware for a banner. +      (3)   Erect a temporary sign that is less than 50 square feet in +effective area. +      (4)   Erect a non-illuminated sign with an effective area of 20 square +feet or less. +      (5)   Erect governmental traffic signs. +   (b)   Sign permit procedures. +      (1)   Except as provided in this subsection, the procedures for obtaining +a sign permit using the director procedure in Section +51A-7.505(4) apply in this district. +      (2)   For each sign permit application, a sign plan is required and must +include a: +         (A)   map of the district boundaries with existing and proposed +Southwestern Medical District identification signs shown; and +         (B)   table with the cumulative number of the existing and proposed +Southwestern Medical District identification signs tabulated. +   (c)   Review of application. The director shall review the application and +approve or deny it within 30 days of its receipt. +   (d)   Appeals. Any interested person may appeal the decision of the director +by submitting a written request for appeal to the director within 10 days of +the decision. Within 30 days after receipt of the written request for appeal, +the director shall schedule the appeal on a future city plan commission agenda. +The city plan commission shall hold a public hearing to consider the appeal in +accordance with Section +51A-7.505(6). +   (e)   Special event signs. Special event signs are governed by the special +event permit regulations in Chapter 42A of the Dallas City Code. (Ord. 29392) +SEC. 51A-7.2305.   IMITATION OF TRAFFIC AND EMERGENCY SIGNS PROHIBITED. +   No person shall erect or maintain, or cause to be erected or maintained, any +sign using any combination of forms, words, colors, or lights that imitate +standard public traffic regulatory or emergency signs or signals. (Ord. 29392) +SEC. 51A-7.2306.   CREATION OF SITE. +   Except for signs located wholly within the public right-of-way, the director +shall not issue a permit for the construction, erection, placement, or +maintenance of a sign until a site is established in one of the following ways: +      (1)   A lot is part of a plat that is approved by the city plan +commission and filed in the plat records of Dallas County, Texas. +      (2)   Tracts that are governed by a detached sign unity agreement in +accordance with Section +51A-7.213. (Ord. 29392) +SEC. 51A-7.2307.   GOVERNMENT TRAFFIC SIGNS. +   Nothing in this division shall be construed to regulate the display of a +government traffic sign. (Ord. 29392) +SEC. 51A-7.2308.   SIGNS WITHIN AND OVER THE PUBLIC RIGHT-OF-WAY. +   (a)   Signs may be located within or project over the public right-of-way, +subject to the Texas Manual on Uniform Traffic Control Devices, the licensing +and franchise requirements of Chapter XIV of the city charter, Article VI of +Chapter 43 of the Dallas City Code, as amended, and the requirements of this +section. +   (b)   The traffic engineer shall review and must approve the location in, +projecting over, or overhanging the public right-of-way to ensure that the sign +complies with the Texas Manual on Uniform Traffic Control +Devices, other city ordinances and state laws, and will not pose a traffic or +safety hazard or visibility obstruction. +   (c)   A minimum clearance over public right-of-way must be maintained in +accordance with the Texas Manual on Uniform Traffic Control Devices. +   (d)   For signs in the right-of-way, if there is a conflict between the text +of this division and the Texas Manual on Uniform Traffic Control Devices, the +Texas Manual on Uniform Traffic Control Devices controls. (Ord. 29392) +SEC. 51A-7.2309.   GENERAL PROVISIONS FOR ALL SIGNS. +   (a)   Except as provided in this division, signs must comply with the +provisions for business zoning districts in Article VII. +   (b)   Signs may be illuminated by back lighting or indirect lighting. +   (c)   Neon or single incandescent bulbs are not allowed. +   (d)   Illuminated signs with an effective area of 500 square feet or less +may not have a luminance greater than 300 foot lamberts, nor may any such sign +have a luminance greater than 300 foot lamberts for any portion of the sign +within a circle two feet in diameter. The measurements of luminance are taken +from any other premise or from any public right-of-way other than an alley. +   (e)   Illuminated signs with an effective area greater than 500 square feet +may not have a luminance greater than 200 foot lamberts, nor may any such sign +have a luminance greater than 200 foot lamberts for any portion of the sign +within a circle of two feet in diameter. The measurements of luminance are +taken from any other premise or from any public right-of-way other than an +alley. +   (f)   Changeable messages must follow the requirements of Section +51A-7.303(b). +   (g)   A sign or part of a sign may not move or rotate, with the exception of +a wind device, the motion of which is not restricted. +   (h)   Signs are not allowed in a visibility triangle. +   (i)   The number of words allowed on a sign is not limited, unless otherwise +restricted by the Texas Manual on Uniform Traffic Control Devices. +   (j)   All permanent signs must be premise signs, convey a noncommercial +message, list the Southwestern Medical District name and logo, or the name of a +hospital or medical or educational use. +   (k)   Fiberglass as a sign material is allowed. +   (l)   For detached signs, plastic is not permitted as an exterior face of a +sign. Plastic may be used as a backing for routed letters in a sign can or as +decorative ornaments. +   (m)   Except for helipad signs, signs may not be painted onto the roof of a +building, and no flat attached sign is permitted on the roof of a building. +(Ord. 29392) +SEC. 51A-7.2310.   PROHIBITED SIGNS. +   The following signs are prohibited in this district: +   (a)   Videoboard signs. +   (b)   Supergraphic signs. +   (c)   Streamers, pennants, and inflatable seasonal decorations. (Ord. 29392) +SEC. 51A-7.2311.   SOUTHWESTERN MEDICAL DISTRICT IDENTIFICATION SIGNS. +   (a)   In general. +      (1)   A minimum setback is not required for Southwestern Medical District +identification signs. +      (2)   Southwestern Medical District identification signs may be located +within the public right-of-way in accordance with Section +51A-7.2308. +      (3)   Except for district street topper signs, Southwestern Medical +District identification signs may be illuminated in accordance with the Texas +Manual on Uniform Traffic Control Devices. +      (4)   Southwestern Medical District identification signs may contain +changeable messages. +   (b)   Gateway signs. +      (1)   A maximum of 10 gateway signs are allowed. +      (2)   Gateway signs may not exceed: +         (A)   150 square feet in effective area; +         (B)   20 feet in height; and +         (C)   8 feet in width. +      (3)   Gateway signs may only identify the name or logo of this district +or an abutting special provision sign district. +      (4)   Gateway signs may be internally or externally illuminated. +      (5)   Gateway signs may be located within the right-of-way in accordance +with Section +51A-7.2308. +   (c)   Movement control signs. +      (1)   In general. +         (A)   Movement control signs must be pole signs. +         (B)   Movement control signs may be located within or project over the +public right-of-way in accordance with Section +51A-7.2308. +         (C)   Text size on movement controls signs must comply with the Texas +Manual on Uniform Traffic Control Devices. +      (2)   Large movement control signs. +         (A)   A maximum of 14 are allowed. +         (B)   Large movement control signs may have a maximum effective area +of 270 square feet. +         (C)   Large movement control signs may not exceed three separate +panels. +      (3)   Medium movement signs. +         (A)   A maximum of 14 are allowed. +         (B)   Medium movement control signs may have a maximum effective area +of 120 square feet. +         (C)   Medium movement control signs may only contain one panel. +      (4)   Small movement control signs. +         (A)   A maximum of 60 are allowed. +         (B)   Small movement control signs may have a maximum effective area +of 80 square feet. +         (C)   Small movement control signs may only contain one panel. +   (d)   Trailblazer signs. +      (1)   A trailblazer sign may be a pole sign or mounted on existing +traffic signal posts. +      (2)   Trailblazer signs may have a maximum effective area of 12 square +feet. +      (3)   Trailblazer signs may only contain one panel. +      (4)   Trailblazer signs must comply with the minimum clearance over +public right-of-way requirements in the Texas Manual on Uniform Traffic Control +Devices. +   (e)   District street topper signs. +      (1)   District street topper signs must be mounted on a traffic control +pole. +      (2)   District street topper signs may have a maximum effective area of +30 square feet. +      (3)   District street topper signs may only contain the name of this +district. +      (4)   District street topper signs may not be internally illuminated. +(Ord. 29392) +SEC. 51A-7.2312.   BANNERS. +   (a)   Banners may be illuminated. +   (b)   A banner must display a promotional message, a welcome message, or +generic graphics. +   (c)   No more than 10 percent of the effective area of a banner may contain +a welcome message that identifies and greets a group using city property in +accordance with a contract, license, or permit. +   (d)   To create uniformity throughout this district, banners should, on up +to 10 percent of the effective area, contain the words or logos identifying a +Southwestern Medical District cultural event or activity sponsor if the +sponsor's name is part of the name of the activity or event. +   (e)   A banner having a promotional message or a welcome message may not be +erected for more than 90 days before the beginning of the advertised activity +or event, and must be removed no later than 15 days after that activity or +event ends. The sign hardware for a banner may be left in place between +displays of a banner. +   (f)   Banners may be mounted to street light poles. +   (g)   Pole mounted banners are in addition to other signs allowed on a +premise and the banner and its hardware must: +      (1)   meet the sign construction and design standards in the Dallas +Building Code; +      (2)   be at least eight feet, but no more than 16 feet above grade; +      (3)   not project more than three feet from the pole on which it is +mounted; +      (4)   not exceed eight square feet in effective area; and +      (5)   be made out of weather-resistant and rust-proof material. +   (h)   Pole mounted banners are not limited in number. +   (i)   A sign permit is not required to erect or remove a pole mounted +banner. (Ord. 29392) +SEC. 51A-7.2313.   CONSTRUCTION BARRICADE SIGNS. +   (a)   A construction barricade sign may not be illuminated or contain any +moving parts. +   (b)   A minimum 10 percent of the effective area of a construction barricade +sign must display the names of the owner, occupant, medical institution located +within this district, or the Southwestern Medical District name, brand, or +logo. +   (c)   Except for traffic signs, construction barricade signs are not allowed +in the public right-of-way. +   (d)   A construction barricade sign must be removed when the construction +barricade is removed. +   (e)   A construction barricade may be fully decorated with a graphic, except +that: +      (1)   no decoration or part of the graphic may project more than two +inches horizontally from the barricade; and +      (2)   no decoration or graphic may project more than four feet vertically +above the top of the barricade. (Ord. 29392) +ARTICLE VIII. +PLAT REGULATIONS. +Division 51A-8.100. Title and Purpose. +SEC. 51A-8.101.   TITLE. +   This article is known as the plat regulations of the city of Dallas. (Ord. +Nos. 20092; 23384) +SEC. 51A-8.102.   POLICY. +   (a)   It is the policy of the city of Dallas to subject the subdivision, +platting, replatting, and development of land to the control of the city +pursuant to the city charter, state law, and all other rules, regulations, and +policies the city may adopt. +   (b)   To be platted, land must be of such character that it can be used +safely for building purposes without danger to health or peril from fire, +flood, or other menace. +   (c)   Land must not be platted until proper provision has been made for +paving, drainage, water, wastewater, public utilities, capital improvements, +parks, recreation facilities, and rights-of-way for streets, transportation +facilities, and improvements. +   (d)   These regulations supplement and are intended to facilitate the +enforcement of the provisions and standards of this code, state law, and all +other rules, regulations, and policies which the city may adopt. (Ord. Nos. +20092; 23384) +SEC. 51A-8.103.   PURPOSE. +   The regulations of this article are established in accordance with the city +charter and state law for the purposes stated in Section +51A-1.102 of this chapter and in order to: +   (a)   protect and provide for the public health, safety, and general welfare +of the city; +   (b)   guide the future growth and development of the city; +   (c)   guide public policy and action in order to provide adequate and +efficient transportation, streets, storm drainage, water, wastewater, parks, +and open space facilities; +   (d)   provide for the proper location and width of streets and building +lines; +   (e)   establish reasonable standards of design and procedures for platting +in order to promote the orderly layout and use of land, and to insure proper +legal descriptions and monumenting of platted land; +   (f)   insure that public infrastructure facilities required by city +ordinance are available with sufficient capacity to serve the proposed plat +before issuance of a certificate of occupancy or release of utility connections +or final inspection within the boundaries of the plat; +   (g)   provide that the cost of public infrastructure improvements that +primarily benefit the tract of land being platted be borne by the owners of the +tract in accordance with applicable laws; and +   (h)   prevent the pollution of air, streams, and ponds by assuring the +adequacy of drainage facilities and by safeguarding the escarpment, flood +plains, and the water table. (Ord. Nos. 20092; 21186; 23384) +SEC. 51A-8.104.   FUNCTION OF COMMISSION. +   (a)   Except administrative plats, the commission shall approve or +disapprove plats, subdivisions, and replats of land within the corporate limits +and extraterritorial jurisdiction of the city. If a plat conforms to this +article, the state law, and all other rules and regulations pertaining to the +platting of land, the commission shall endorse its approval upon the plat. +   (b)   The rules and regulations of the commission must provide for a +subdivision review committee for the purpose of reviewing appeals of conditions +recommended by the city staff, refusal to approve an administrative plat by the +subdivision administrator, and appeals from the subdivision administrator +regarding satisfaction of preliminary plat conditions. (Ord. Nos. 20092; 23384; +26529) +SEC. 51A-8.105.   JURISDICTION. +   This article applies to all plats, as defined in Division +51A-8.200, located within the corporate limits, and within the extraterritorial +jurisdiction of the city to the full extent allowed by state law. (Ord. Nos. +20092; 23384) +Division 51A-8.200. Definitions. +SEC. 51A-8.201.   DEFINITIONS. +The following definitions apply to this article: +   (1)   ABANDONMENT means the legal process by which property rights in land +dedicated to public use may be terminated. +   (2)   ACCELERATION/DECELERATION LANE means a lane added to the side of a +street to facilitate ingress to and egress from adjacent property and to help +maintain traffic flow in the travel lanes of the street. +   (3)   ACCESS WAY means an area on private property used by vehicular traffic +for access to and from streets. +   (4)   ACCESS WIDTH means the minimum lot frontage necessary to accommodate a +driveway and its return. +   (5)   ACRE includes fraction of an acre. +   (5.1)   ADMINISTRATIVE PLAT means an amending plat (minor), a certificate of +correction, or a minor plat involving four or fewer lots, that satisfies the +requirements of Section +51A-8.403(c). +   (6)   ALL WEATHER ACCESS means access paved with a cohesive paving material +that holds its form when subjected to vehicular traffic and the normal +variation of weather conditions experienced in the city of Dallas. +   (7)   AMENDING PLAT (MAJOR) means a plat changing a previously approved and +recorded plat in accordance with Texas Local Government Code Section 212.016 +that may increase or decrease the number of lots. +   (8) AMENDING PLAT (MINOR) means a plat changing a previously approved and +recorded plat in accordance with Texas Local Government Code Section 212.016 +that does not increase or decrease the number of lots. +   (9)   BARRIER-FREE SIDEWALK means a sidewalk designed using ramps, curb +transitions, and additional sidewalk width to facilitate use by persons in +wheel chairs. +   (10) CERTIFICATE OF CORRECTION means an amending plat (minor) in the form of +a document used to make a correction to a recorded plat in cases where a sketch +is not needed for clarity, as determined by the subdivision administrator. +   (11)   COMMISSION means the city plan commission of the city of Dallas. +   (12)   CONDITIONS OF APPROVAL mean conditions imposed on a plat by the +commission that must be satisfied before the subdivision administrator may +submit a plat for endorsement by the commission chair. +   (13)   CORNER CLIP means an area consisting of the triangular extension of +street right-of-way at intersections of streets. This area is used for curb +returns, utilities, barrier-free ramps, and other public facilities. +   (14)   COVENANT means an agreement in writing that touches and concerns real +property platted or developed under this chapter, executed as required by law, +in which a party pledges that something shall be done or shall not be done. A +covenant is binding on successors in title to the real property that is the +subject of the covenant. +   (15)   CUL-DE-SAC means an area of circular pavement constructed at the end +of a dead-end street to facilitate vehicular access and turnaround. +   (16)   DEAD-END STREET OR ALLEY means a street or alley having right-of-way +or pavement that terminates abruptly at one end without intersecting another +street. +   (17)   DETENTION AREA means an area which temporarily stores stormwater +runoff and discharges that runoff at a reduced rate. +   (18)   DEVELOPER means the owner of the property or the person authorized by +the owner to develop the property. +   (19)   DIVIDED THOROUGHFARE means a street on the thoroughfare plan with +travel lanes divided by a median. +   (20)   DRIVEWAY means a private drive on private property used for vehicular +access and maneuvering. +   (21)   DRIVEWAY APPROACH means a paved connection from a street to a +driveway or access way. +   (22)   DUPLEX LOT means a lot in a duplex D(A) zoning district or a lot in +an identifiable duplex component of a planned development district. +   (23)   ENGINEERING PLANS mean drawings and specifications, including paving, +storm water drainage, water, wastewater, or other required plans, submitted to +the department of sustainable development and construction or the water +utilities department for review in conjunction with a plat. +   (24)   ESTATE IN EXPECTANCY means an interest in property that is not yet in +possession, but the enjoyment of which is to begin at a future time. +   (25)   FINAL PLAT means a plat that will be signed by the commission chair +upon satisfaction of all conditions of approval and all other requirements of +this article, and will be effective once it is filed with the county clerk. +   (26)   FLOODWAY means a drainage area designated on a plat to accommodate +the design flood as defined in +Article V of this chapter. +   (27)   FLOODWAY EASEMENT means an easement dedicating a drainage area to the +city for control and maintenance of a flood plain. +   (28)   FLOODWAY MANAGEMENT AREA means a drainage area dedicated in fee +simple to the city for control and maintenance of a flood plain. +   (29)   INFRASTRUCTURE means all streets, alleys, sidewalks, storm drainage +facilities, water and wastewater facilities, utilities, lighting, +transportation, and any other facilities required by law to adequately serve +and support development. +   (30)   MEDIAN OPENING means a gap in a median allowing vehicular passage +through the median. +   (31)   MINOR PLAT means a plat that meets both of the following +requirements: +      (A)   The area proposed for platting must not exceed five acres in size +for residential zoning districts (single family, duplex, and townhouse) and +three acres in size for all other zoning districts; and +      (B)   The proposed plat must not require any public infrastructure. For +example: the plat may not contain any new streets or alleys; it must abut an +approved public or private street of adequate width as specified in Section +51A-8.604(c) or the Thoroughfare Plan for the city of Dallas; adequate water, +wastewater, paving, and drainage improvements must already exist to serve the +proposed plat; and any existing improvements which are to remain must meet all +setback requirements and must not be divided by a proposed lot line or setback +line. +   (32)   MONUMENT means a permanent structure set on a line to define the +location of property lines, important horizontal plat control points, and other +important features on a plat. +   (33)   NONSTANDARD MATERIALS mean any materials not specified in the +Standard Construction Details of the department of public works or the North +Central Texas Standard Specifications for Public Works Construction of the +North Central Texas Council of Governments. +   (34)   OPEN SPACE, IMPROVED means open space containing structures or +improvements, including but not limited to hike and bike trails. +   (35)   OPEN SPACE, UNIMPROVED means open space containing no buildings, +fences, or other structures above or below grade. +   (36)   OWNER means the fee simple owner of property, or the owner’s +representative when authorized by a power of attorney, corporate resolution, or +other appropriate document. +   (37)   PARKWAY means the area between the outside edge of street pavement +and the street right-of-way lines abutting other public or private property. +   (38)   PERMANENT DEAD-END STREET means a street or alley which cannot or +will not be extended to another street in the foreseeable future. +   (39)   PHASE means a portion of an approved preliminary plat that receives +final plat approval and is developed before or during the time the owner +submits the final plat on the remainder of, or on another phase of, the area +shown on the preliminary plat. +   (40)   PLAT means the graphic presentation of one or more lots or tracts of +land, or of a subdivision, resubdivision, combination, or recombination of lots +or tracts. +   (41)   PLAT RELEASE means approval by a department to verify that those +conditions of approval required by that department have been satisfied before +the final plat is endorsed by the commission chair. +   (42)   PRELIMINARY PLAT means the initial plat proposed by the applicant, +which is reviewed by city staff and presented by staff to the city plan +commission for consideration. If the commission determines that approval +subject to conditions is appropriate, the subdivision administrator ensures +that those conditions are met before the plat is finalized for endorsement by +the commission chair. +   (43)   PRIVATE DEVELOPMENT CONTRACT means a contract between a developer and +a contractor for the construction of infrastructure that is to be dedicated to +the public. +   (44)   PRIVATE STREET means a privately owned street that is required by +this article to meet the same standards as a street dedicated to public use. +   (45)   REPLAT means a plat changing a previously approved and recorded plat +that is not an amending plat (minor) or an amending plat (major). +   (46)   RESIDENTIAL REPLAT means a replat without vacation of the preceding +plat for property: (a) any part of which was limited during the preceding five +years by an interim or permanent zoning classification to residential use for +not more than two residential units per lot; or (b) that contains a lot in the +preceding plat that was limited by deed restrictions to residential use for not +more than two residential units per lot. +   (47)   SIDEWALK means a paved area dedicated to the public for pedestrian +use. +   (48)   SINGLE FAMILY LOT means a lot in a single family zoning district, or +a lot in an identifiable single family component of a planned development +district. +   (49)   STREET CENTERLINE OFFSET means the distance between the centerlines +of two more or less parallel streets measured along the centerline of an +intersecting street. +   (50)   SUBDIVISION means land included within the boundaries of an original +plat, or any of the following for the purpose of creating a building site for +land development or transfer of ownership: +      (A)   The division of property into two or more parts. +      (B)   The combination of lots or tracts into one or more parts. +      (C)   The redivision or recombination of lots or tracts. +   (51)   SUBDIVISION ADMINISTRATOR means the city staff employee designated by +the city manager to supervise the platting and subdivision process. +   (52)   TEMPORARY DEAD-END STREET means a street that is planned to or can +feasibly be extended in the foreseeable future to another street. +   (53)   TOWNHOUSE LOT means a lot in a townhouse TH(A) zoning district, or a +lot in an identifiable townhouse component of a planned development district. +   (54)   TRAFFIC BARRIER means a physical barrier that prevents the +indiscriminate and unauthorized crossing of traffic between a street or alley +and a thoroughfare. Examples of traffic barriers include a series of posts +connected by a cable or chain, a deep beam highway guard rail, or a New Jersey +barrier-type wall on an engineered foundation. +   (55)   VACATION means the legal process by which unimproved, platted land, +no part of which the city has accepted as a dedication for public use, may be +returned to the legal status of being a parcel of unplatted land. +   (56)   WATER FACILITIES mean the infrastructure required to deliver potable +water to property. +   (57)   WASTEWATER FACILITIES mean the infrastructure required to convey +wastewater from property. (Ord. Nos. 20092; 21186; 23384; 24843; 26529; 28424; +30239; 30654; 32002) +Division 51A-8.300. RESERVED. +(Ord. 23384) +Division 51A-8.400. Procedures. +SEC. 51A-8.401.   WHEN PLATTING IS REQUIRED. +Platting is required: +   (a)   To create a building site. Platting is required to create a building +site pursuant to Section +51A-4.601(a)(1) of this chapter. +   (b)   To subdivide land. Platting is required to divide a lot or tract into +two or more parcels for development of the parcels. Pursuant to the authority +granted by Section 212.0045 of the Local Government Code to provide exceptions +to state law platting requirements, the city of Dallas shall not require +platting to divide property for transfer of ownership through a metes and +bounds description unless and until a building permit is requested for the +property to be developed as a separate building site. Unless a separate +building site has otherwise been established as provided in Section +51A-4.601, a conveyance of property accomplished through a metes and bounds +description without platting will not be recognized as a separate building +site, nor will the lines of ownership be recognized for purposes of determining +development rights on the parcel conveyed without platting. +   (c)   To combine lots or tracts. Platting is required to combine two or more +lots or tracts into one lot. +   (d)   To amend a plat. Platting is required if property is to be developed +in a manner inconsistent with an existing plat. +   (e)   To include vacated and abandoned property. Platting is required to +incorporate property that has been vacated or abandoned into a legal building +site. +   (f)   To correct errors. Platting is required to correct an error on an +approved and recorded plat. +   (g)   To develop a planned development district. A preliminary plat must be +submitted at the same time as the development plan for a planned development +district. The subdivision administrator and the director shall coordinate the +commission review of the preliminary plat and the development plan in +accordance with Section +51A-4.702. (NOTE: If the property included in a development plan application +has been previously platted or a building site otherwise exists under Section +51A-4.601, this requirement does not apply.) +   (h)   To establish a shared access development. Platting is required to +establish a shared access development as provided in Section +51A-4.411. (Ord. Nos. 20092; 23384; 24270; 24731; 24843) +SEC. 51A-8.402.   PLATTING OF STREET RIGHT-OF-WAY PROHIBITED. +   Platting street right-of-way without platting adjacent property to be served +by the street is prohibited unless the director of development services and the +chief planning officer recommend platting the right-of-way because a graphic +representation of the right-of-way is needed to facilitate thoroughfare or +local street planning. (Ord. Nos. 20092; 22026; 23384; 28424; 29478; 32002) +SEC. 51A-8.403.   PLATTING PROCESS. +   (a)   Plat approval process. +      (1)   Preliminary plat application. An applicant seeking approval of a +plat or replat shall submit a preliminary plat application to the subdivision +administrator on a form available at the subdivision administrator’s office. If +the subdivision administrator determines that the application is complete, the +subdivision administrator shall accept it and route it to all affected +departments. If the subdivision administrator determines that the application +is incomplete, the subdivision administrator shall return it to the applicant +with a description of its deficiencies. +         (A)   The preliminary plat application must include the following +unless the subdivision administrator determines that an item listed is not +applicable and may be omitted: +            (i)   All required fees. +            (ii)   The proposed layout of the plat legibly drawn on a sheet of +paper which measures 24 inches by 30 or 36 inches. The plat must show the +bearings and distances of the property, and must be drawn to a scale of one +inch equals forty feet or the largest practical scale determined to be legible +by the survey section of the department of development services. (Unless +otherwise indicated, all words on a plat must be at least 10 characters per +inch.) +            (iii)   An arrow indicating north. +            (iv)   A vicinity map showing all thoroughfares and existing +streets within the two nearest intersecting arterials of the boundary of the +plat. +            (v)   The proposed name of the subdivision in bold, capital +letters. +            (vi)   The names, addresses, and telephone numbers of the surveyor +performing or preparing the metes and bounds description of the property, and +all owners and developers. +            (vii)   The proposed boundaries of the property indicated with a +bold, solid line, and other boundaries indicated with thinner lines. +            (viii)   The proposed lot and block numbers, and the area of each +lot in square feet. +            (ix)   The location, purpose, and grantee of existing easements, +and the citation to the volume and page of the county records where the +recorded instrument may be found. +            (x)   The location and purpose of all proposed easements and common +areas. +            (xi)   The layout and dimensions of proposed storm drainage areas +and other areas offered for dedication to public use. If the combined on-site +and off-site drainage area is less than one acre, this requirement may be +waived by the director of development services if the impact of the drainage is +not significant. +            (xii)   The layout of platted lots and unplatted parcels, streets, +storm drainage facilities, water and wastewater facilities, public rights-of- +way, and other pertinent features existing within a distance of 150 feet from +the proposed boundary of the plat. +            (xiii)   The location and identification of any structure or +improvement within the boundaries of the property to be platted, and any +significant topographic features located on the property or within l50 feet of +the boundaries of the property. Any of these items that are to be removed or +altered must be identified on the plat. +            (xiv)   The general layout and dimensions of proposed streets and +alleys, and proposed street names. +            (xv)   Contour lines indicating the terrain and drainage pattern of +the area. Contour intervals must be five feet or less unless the director of +development services determines that the slope of the land is less than 1 to +100 (vertical to horizontal). If the director of development services +determines that the property being platted is fully developed, contour lines +are not required. +            (xvi)   A copy of any specific use permit or planned development +district ordinance regulating the property. +            (xvii)   A copy of any deed restrictions regulating the property in +which the city of Dallas is an enforcing party. +            (xviii)   If the plat is a replat in accordance with Subsection (b) +(1) or (2), a certified copy of the original subdivision of the area filed with +the county clerk and a certified copy of the latest replat of the property +filed with the county clerk. +            (xix)   A metes and bounds description of the property included in +the plat, as well as all appropriate language of dedication and acknowledgment. +Signatures are not required at the time of application. +            (xx)   If the property is located in the escarpment area or a +geologically similar area, an escarpment permit is required at the time of +application. +            (xxi)   The location, caliper, and name (both common and +scientific) of all trees near proposed construction (trees in close proximity +that all have a caliper of less than eight inches may be designated as a “group +of trees” with only the number noted). +            (xxii)   A copy of the recorded deed reflecting current ownership +and a copy of the title policy if title insurance is in place (if no title +insurance is in place then a copy of the most recent property tax certificate +must be provided). The ownership indicated in the owner’s certificate on the +plat must match the deed exactly unless documentation is provided to explain +any variation. +            (xxiii)   All requirements set forth in the survey division’s plat +guidelines. +            (xxiv)   A copy of any regulating plan approved pursuant to +Article XIII. +            (xxv)   The location of any open space required pursuant to +Article XIII. +            (xxvi)   Any other information that the subdivision administrator +deems necessary. +      (1.1)   Resubmission application. An applicant seeking approval of a +preliminary plat that was previously disapproved by the commission may submit a +resubmission application to the subdivision administrator on a form available +at the subdivision administrator's office. If the subdivision administrator +determines that the application is complete, the subdivision administrator +shall accept it and route it to all affected departments. If the subdivision +administrator determines that the application is incomplete, the subdivision +administrator shall return it to the applicant with a description of its +deficiencies. If the subdivision administrator determines that the resubmitted +plat contains changes that are not required to address the commission's reasons +for disapproval, the subdivision administrator shall reject the application and +the applicant must submit a new preliminary plat application. The resubmitted +plat application must be submitted with all required fees and contain the +following unless the subdivision administrator determines that an item listed +is not applicable and may be omitted: +         (A)   A copy of the previously disapproved preliminary plat. +         (B)   A copy of the disapproval letter sent by the subdivision +administrator. +         (C)   An explanation of corrections made on the resubmitted plat to +bring the plat in to compliance with the provisions of the Dallas City Code and +state or federal law cited in the disapproval letter sent by the subdivision +administrator. +         (D)   All information required in Paragraph (1)(A)(ii) through (xxvi). +      (2)   Staff review. +         (A)   All affected departments shall review the initial preliminary +plat application and forward their comments, in writing, to the subdivision +administrator within 14 days after the date a complete application is received. +(Holiday scheduling may require an extension of the review period.) The +subdivision administrator shall formulate a staff recommendation from the +comments received in the interdepartmental review process, and submit the +initial plat application to the commission within 30 days after the date a +complete application is accepted by the city (unless it is an approved +administrative plat and the applicant does not appeal any of the conditions). +The subdivision administrator shall formulate a staff recommendation and +forward a preliminary plat application that has been resubmitted under +Subsection (a)(1.1) of this section to the commission with 15 days after the +date a complete application is accepted by the city. If the staff +recommendation is for disapproval of the application, the subdivision +administrator must provide the reasons for disapproval to the commission. +         (B)   The subdivision administrator shall approve an administrative +plat within 18 days after the date a complete application is accepted by the +city if the subdivision administrator finds that it complies with the policies +and purposes of this article. If the subdivision administrator refuses to +approve an administrative plat, the subdivision administrator shall refer the +plat to the commission for consideration within 30 days after the date a +complete application is accepted by the city. The subdivision administrator +shall provide reasons for refusing to approve the plat to the commission. +         (C)   An applicant may appeal staff recommendations on an +administrative plat or on any other plat to the subdivision review committee of +the commission before the plat is considered by the commission, provided the +request for appeal is made in sufficient time to allow staff and commission +compliance with the 30-day action requirement and applicable posting and notice +requirements. +         (D)   If, after city staff or commission review, it is determined that +a minor plat does not comply with the minor plat definition, the application +must be considered as a preliminary plat. The increase in fee must be paid +before the application is processed. +         (E)   If, after city staff review, it is determined that an +administrative plat does not comply with the administrative plat definition, if +city staff refuses to approve an administrative plat, if the applicant appeals +any administrative plat conditions, or if the subdivision administrator refers +the plat to the commission, the application must be considered as a preliminary +plat. +      (3)   Commission action. +         (A)   Initial application. The commission must hold a public hearing +for all replats, and act upon all plat applications, other than approved +administrative plats where the conditions are not appealed, within 30 days +after the date a complete application is accepted by the city. The commission +shall approve the application if it finds that it complies with the policies +and purposes of this article. If the commission disapproves an application, the +reasons for disapproval must be stated in the motion for disapproval, along +with a citation to the relevant section of the Dallas City Code or state or +federal law. +         (B)   Resubmission application. If the commission disapproves a plat +application under Subparagraph (A), the applicant may file a resubmission +application to correct the reasons for disapproval. The commission must hold a +public hearing on all resubmitted applications within 15 days after the date a +complete resubmission application is accepted by the city. The commission shall +approve the application if it finds that it adequately addresses each condition +for disapproval of the previous plat application. +      (4)   Effect of preliminary plat approval and effective period. +         (A)   Approval of a preliminary plat by the commission or the +subdivision administrator is not final approval of the plat, but is an +expression of approval of the layout shown subject to satisfaction of specified +conditions. The preliminary plat serves as a guide in the preparation of a +final plat and engineering and infrastructure plans to serve the plat. +         (B)   All plats other than certificates of correction must be +submitted for final staff review and approval by the subdivision administrator +in the form of a final plat, except that the subdivision administrator may +provide a certificate of approval for an administrative plat in accordance with +Paragraph (8). +         (C)   If the perimeter boundary or any layout design element changes, +or if, in the opinion of the subdivision administrator, any other feature or +condition changes, the plat must be considered again as a preliminary plat by +the commission or the subdivision administrator in the case of an +administrative plat. If a replat must be considered again by the commission +under this paragraph, new notices must be issued for a residential replat, and +a new public hearing must be held. +         (D)   Except as provided in this subparagraph, a preliminary plat +approved by the commission expires five years after the commission action date +approving the plat if no progress has been made toward completion of the +project in accordance with Texas Local Government Code Section 245.005. An +approved minor plat, amending plat (minor), or an administrative plat expires +two years after the commission action date approving the plat or within two +years after the date of the subdivision administrator’s action letter approving +the administrative plat if no progress has been made toward completion of the +project in accordance with Texas Local Government Code Section 245.005. +      (5)   Action letter. +         (A)   Commission-approved plats. Within seven days after the +commission action date, the subdivision administrator shall send an action +letter to the applicant. If the commission disapproved the application, the +letter must contain the reasons for disapproval. If the commission approved the +application, the letter must contain all conditions of approval. The letter +must contain a citation to the relevant section of the Dallas City Code or +state or federal law for each reason for disapproval or condition of approval. +         (B)   Administrative plats. Within two days after the subdivision +administrator approves an administrative plat, the subdivision administrator +shall send an action letter to the applicant with all conditions of approval. +The letter must contain a citation to the relevant section of the Dallas City +Code or state or federal law for each condition of approval. +      (6)   Satisfaction of conditions required. The subdivision administrator +shall endorse the administrative plat or submit the plat for endorsement +pursuant to Paragraph (8) as soon as the owner has complied with the following +requirements: (Any proposed change to a preliminary plat condition must be +resubmitted to the commission as a preliminary plat.) +         (A)   All conditions to approval must be satisfied, including: +            (i)   On-site easements and rights-of-way must be properly +described and noted on the proposed plat. +            (ii)   Off-site easements and rights-of-way must be dedicated by +the respective owners and filed of record with the county. +            (iii)   All proposed easements and public right-of-way dedications +created by the plat must be properly described by bearings and distances. +            (iv)   Approved language of easement and dedication must be stated +on the final plat, executed, and properly acknowledged. +            (v)   All required licenses and railroad agreements must be +executed by the owner, the railroad, utilities, and the city council. +            (vi)   All required abandonments of public rights-of-way or +easements must be approved by the city council, and the abandonment ordinance +numbers must be shown on the plat. +            (vii)   All required infrastructure plans must be approved. +            (viii)    All required private develop-ment contracts must be +executed and approved. +            (ix)   All required covenants must be approved by the city and +filed of record with the county. +            (x)   All monuments required in Section +51A-8.617 must be installed on the property. +            (xi)   The apportionment deter-mination pursuant to Section +51A-1.109. +         (B)   All required fees must be paid. +         (C)   All taxes assessed by the city against the property must be +paid. +         (D)   Releases must be secured by the applicant from the department of +development services, the city controller, and the city attorney. +         (E)   The plat must be endorsed with properly acknowledged original +signatures and seals of all owners of the property and surveyors. +         (F)   For a plat that includes dedication of any streets or alleys, +the lienholder must provide a letter of consent subordinating the lienholder’s +interest to the dedicated area, and if the owner has a title insurance policy +for the platted area, the policy must be updated to within ninety days prior to +the date the plat is signed by the commission chair. This provision does not +apply to a residential replat that meets the criteria set forth for a minor +plat. +         (G)   All plats other than minor plats must be provided to the chief +city surveyor in an electronic format approved by the geographic information +systems section of the department of development services. +      (7)   Appeal. +         (A)   Adverse decisions of the subdivision administrator regarding +whether a preliminary plat condition has been satisfied may be appealed to the +subdivision review committee by the applicant or by the owners, as ownership +appears on the last approved ad valorem tax roll, of all lots that are: +            (i)   within the original subdivision; or +            (ii)   in single-family or duplex districts and within 200 feet of +the lot or lots for which the replat is requested. +The appeal must be made in writing on a form furnished by the subdivision +administrator. +         (B)   The subdivision review committee shall render a final decision +on the appeal within 21 days after the date a complete application for an +appeal is made. +         (C)   The decision of the subdivision review committee is final unless +appealed by the applicant to the commission within 7 days after the date a +final decision is made. +      (8)   Certificate of approval. +         (A)   Commission-approved plats. If the subdivision administrator +determines that the applicant has satisfied all the conditions and requirements +of Paragraph (6), the administrator shall immediately forward the final plat to +the chair of the commission, who shall endorse the final plat with a +certificate indicating approval of the plat. The secretary of the commission +shall attest the signature of the chair on the certificate of approval and +shall, within five working days, give notice to the applicant that the +certificate of approval has been signed. Notice is given by depositing the +notice properly addressed and postage paid in the United States mail. The +notice must be sent to the address shown on the application. +         (B)   Administrative plats. If the subdivision administrator +determines that the applicant has satisfied all the conditions and requirements +of Paragraph (6), the administrator shall endorse the final plat with a +certificate indicating approval of the plat. A notary public shall attest the +signature of the administrator on the certificate of approval and the +subdivision administrator shall, within five working days, give notice to the +applicant that the certificate of approval has been signed. Notice is given by +depositing the notice properly addressed and postage paid in the United States +mail. The notice must be sent to the address shown on the application. +      (9)   Final plat. +         (A)   Commission-approved plats. A final plat may be submitted only +after the commission action letter regarding the preliminary plat has been +received by the applicant. If engineering plans are required as a condition of +approval of a preliminary plat, the final plat cannot be submitted until all +engineering plans have been approved in accordance with Section +51A-8.404, to avoid the necessity of multiple submissions. All staff comments +shall be forwarded to the subdivision administrator within 21 days of the +routing date of the final plat. The director shall notify the applicant of the +results of the review. If further modifications are required, the director may +require additional submissions of the final plat and fees in accordance with +the fee schedule. +         (B)   Administrative plats. A final plat may be submitted only after +the subdivision administrator action letter regarding the administrative plat +has been received by the applicant. All staff comments shall be forwarded to +the subdivision administrator within 13 days after the final plat is submitted. +The subdivision administrator shall notify the applicant of the results of the +review. If further modifications are required, the subdivision administrator +may require additional submissions of the final plat and fees in accordance +with the fee schedule. +      (10)   Phasing of final plats. After a preliminary plat has been approved +by the commission, a final plat may be submitted that includes less than all of +the area shown in a preliminary plat if: +         (A)   the proposed phase conforms to the approved preliminary plat; +         (B)   the proposed phase meets all conditions of approval of the +preliminary plat; +         (C)   the proposed phase provides a logical progression of +development; +         (D)   the proposed phase being submitted could function as an +independent development even if no other phases were ever submitted or +approved; +         (E)   enough area remains outside the phase, but within the boundaries +of the preliminary plat, to independently satisfy the minimum zoning +requirements of the property; +         (F)   the area outside the phase has at least the minimum frontage +required; and +         (G)   all fees have been paid in accordance with the fee schedule. +   (b)   Replatting. +      (1)   Replatting without vacating preceding plat. A replat of a +subdivision or part of a subdivision that does not meet the amending plat +(minor) criteria in Subsection 51A-8.403(c)(1)(A) and (B) may be recorded and +is controlling without vacating the preceding plat if the replat: +         (A)   is signed and acknowledged by the owners of the property being +replatted; +         (B)   is approved after a public hearing on the matter by the +commission; +         (C)   does not amend or remove any covenants or restrictions; and +         (D)   meets all requirements of the plat approval process in +Subsection (a). +      (2)   Residential replat. In addition to compliance with Paragraph (1), a +residential replat without vacating the preceding plat must comply with the +requirements of this subsection if: +         (A)   during the preceding five years, any of the area to be replatted +was limited by an interim or permanent zoning classification to residential use +for not more than two residential units per lot; or +         (B)   any lot in the preceding plat was limited by deed restrictions +to residential use for not more than two residential units per lot. +      (3)   Notice and protest for a residential replat. +         (A)   Notice. Before the 15th day before the date of the public +hearing, notice of the required public hearing on a replat must be: +            (i)   published in an official newspaper or a newspaper of general +circulation in the county in which the municipality is located; and +            (ii)   mailed, along with a copy of the required provisions of +state law, to the owners, as ownership appears on the last approved ad valorem +tax roll, of all lots that are within 200 feet of the lot or lots for which the +replat is requested, and are: +               (aa)   within the original subdivision; +               (bb)   in single-family, town-house, or duplex districts; or +               (cc)   shown on the zoning map to be restricted to single- +family, townhouse, or duplex use. +         (B)   Protest. +            (i)   In general. If the proposed replat requires a variance and +the owners of at least 20 percent of the area of the lots or land immediately +adjoining the area covered by the proposed replat and extending 200 feet from +that area, but within the original subdivision, protest the replat in +accordance with state law, the commission may approve the proposed plat only +upon the affirmative vote of at least three-fourths of the members present of +the commission. A protest must be filed with the commission before the close of +the public hearing at which the plat is to be considered. +            (ii)   Form of protest. A protest must be in writing and, at a +minimum, contain the following information: +               (aa)   A description of the property at issue by address or lot +number. +               (bb)   The names of all persons protesting the proposed replat. +               (cc)   A description of the area of lots or land owned by the +protesting parties that is immediately adjoining the area covered by the +proposed replat and extending 200 feet from that area, but within the original +subdivision. +               (dd)   The mailing addresses of all persons signing the protest. +               (ee)   The date and time of its execution. +               (ff)   The protest must bear the original signatures of all +persons required to sign under this paragraph. +         (C)   Who must sign. +            (i)   A protest must be signed by the owner of the property in +question, or by a person authorized by power of attorney to sign the protest on +behalf of the owner. If the property is owned by two or more persons, the +protest must be signed by a majority of the owners, or by a person authorized +by power of attorney to sign the protest on behalf of a majority of the owners, +except that in the case of community property, the city shall presume the +written protest of one spouse to be the protest of both. +            (ii)   In the case of property owned by a corporation, the protest +must be signed by the president, a vice president, or by an attorney in fact +authorized to sign the protest on behalf of the corporation. In the case of +property owned by a general or limited partnership, the protest must be signed +by a general partner or by an attorney in fact authorized to sign the protest +on behalf of the partnership. +            (iii)   Lots or land subject to a condominium regime are presumed +to be commonly owned in undivided interests by the owners of all condominium +units and under the control of the governing body of the condominium. For such +lots or land to be included in calculating the lots or land area protesting a +replat, the written protest must state that the governing body of the +condominium has authorized a protest in accordance with procedures required by +its bylaws, and that the person signing the protest is authorized to act on +behalf of the governing body of the condominium. A written protest signed by +the owner of an individual condominium unit shall not be accepted unless the +filing party produces legal documents governing the condominium which clearly +establish the right of an individual owner to act with respect to his or her +respective undivided interest in the common elements of the condominium. +         (D)   When signatures must be acknowledged. +            (i)   Except as otherwise provided in this subparagraph, all +signatures on a written protest must be acknowledged before a notary public. +            (ii)   A signature on an original reply form sent by the city to +the mailing address of the property owner need not be acknowledged. +            (iii)   A signature on a protest delivered in person by the person +signing need not be acknowledged if its reliability is otherwise established to +the satisfaction of the subdivision administrator. In such a case, a summary of +the evidence of reliability considered by the subdivision administrator must be +endorsed on the protest by the subdivision administrator. +         (E)   Presumptions of validity. +            (i)   In all cases where a protest has been properly signed +pursuant to this paragraph, the city shall presume that the signatures +appearing on the protest are authentic and that the persons or officers whose +signatures appear on the protest are either owners of the property or +authorized to sign on behalf of one or more owners as represented. +            (ii)   In cases of multiple ownership, the city shall presume that +a properly signed protest, which on its face purports to represent a majority +of the property owners, does in fact represent a majority of the property +owners. +            (iii)   The presumptions in this subparagraph are rebuttable, and +the city attorney may advise the commission that a presumption should not be +followed in a specific case based on extrinsic evidence presented. +         (F)   Conflicting instruments. In the event that multiple protests and +withdrawals are filed on behalf of the same owner, the instrument with the +latest date and time of execution controls. +   (c)   Administrative plat process. +      (1)   Delegation of authority to subdivision administrator. The +subdivision administrator may approve the following administrative plats as +authorized by Texas Local Government Code Section 212.0065(a)(1) and (2) and +this article: +         (A)   An amending plat (minor) that is filed only for one or more of +the following: +            (i)   To correct an error in a course or distance shown on the +preceding plat. +            (ii)   To add a course or distance that was omitted on the +preceding plat. +            (iii)   To correct an error in a real property description shown on +the preceding plat. +            (iv)   To indicate monuments set after the death, disability, or +retirement from practice of the engineer or surveyor responsible for setting +monuments. +            (v)   To show the location or character of a monument that has been +changed in location or character or that is shown incorrectly as to location or +character on the preceding plat. +            (vi)   To correct any other type of scrivener or clerical error or +omission previously approved by the municipal authority responsible for +approving plats, including lot numbers, acreage, street names, and +identification of adjacent recorded plats. +            (vii)   To correct an error in courses and distances of lot lines +between two adjacent lots if: +               (aa)    both lot owners join in the application for amending the +plat; +               (bb)   neither lot is abolished; +               (cc)    the amendment does not attempt to remove recorded +covenants or restrictions; and +               (dd)   the amendment does not have a material adverse effect on +the property rights of the other owners in the plat. In this provision, +material adverse effect means a significant and unwanted or negative result on +the property rights of other owners in the plat. +         (B)   An amending plat (minor) that is not in a residential district +and that is filed only for one or more of the following: +            (i)   To relocate a lot line to eliminate an inadvertent +encroachment of a building or other improvement on a lot line or easement if +the amendment does not increase or decrease the number of lots. +            (ii)   To relocate one or more lot lines between one or more +adjacent lots if: +               (aa)   the owners of all those lots join in the application for +amending the plat; +               (bb)   the amendment does not attempt to remove recorded +covenants or restrictions; and +               (cc)   the amendment does not increase or decrease the number of +lots. +            (iii)   To replat one or more lots fronting on an existing street +if: +               (aa)   the owners of all the lots join in the application for +amending the plat; +               (bb)   the amendment does not attempt to remove recorded +covenants or restrictions; +               (cc)   the amendment does not increase or decrease the number of +lots; and +               (dd)   the amendment does not create or require the creation of +a new street or make necessary the extension of municipal facilities. +         (C)   A minor plat involving four or fewer lots fronting on an +existing street, that is not in a residential district, and that does not +require the creation of any new street or the extension of municipal +facilities. +      (2)   A certificate of correction may be used to make the corrections +listed in Subparagraph (1)(A), unless the subdivision administrator determines +that a sketch is needed for clarity, in which case an amending plat must be +submitted. A certificate of correction must be certified by a registered +professional surveyor in a form approved by the chief city surveyor. +      (3)   Except as provided in this subsection, notice, a hearing, and the +approval of other lot owners are not required for the approval and issuance of +an administrative plat. +   (d)   Vacation plat. +      (1)   Any plat may be vacated upon application of the owners of the land +in accordance with state law and this article. +      (2)   A vacation plat must be approved by the commission. +      (3)   An approved vacation plat must be recorded with the vacated plat +and operates to destroy the effect of recording the vacated plat and to divest +all public rights to the streets, alleys, and other public areas laid out or +described in the vacated plat. +      (4)   Vacation of a park is prohibited unless approved as required by +state law. (Ord. Nos. 20092; 21186; 22053; 22026; 23384; 24843; 25047; 26529; +26530; 27495; 28073; 28424 ; 31394; 32002) +SEC. 51A-8.404.   ENGINEERING PLAN APPROVAL PROCEDURE. +   (a)   Generally. A person seeking approval of engineering plans for +infrastructure must not submit those plans until a preliminary plat has been +approved for the property which the infrastructure is to serve. After approval +of the preliminary plat, plans for the infrastructure must be submitted to the +department. The director shall review the plans submitted under this section +for completeness. +   (b)   Contents of engineering plans. Plans submitted must include the +following: +      (1)   All required fees. +      (2)   A completed private development checklist on a form provided by the +department. The form must be signed by the professional engineer responsible +for the plans. +      (3)   A completed fee receipt on a form approved by the director. +      (4)   Two blueline prints of the approved preliminary plat. +      (5)   Two sets of infrastructure plans. +      (6)   A copy of any specific use permit or planned development district +ordinance regulating the property. +      (7)   A copy of any deed restrictions regulating the property in which +the city of Dallas is an enforcing party. +   (c)   Staff review of engineering plans. All affected divisions of the +department shall review the engineering plans against the established criteria +and forward their comments to the director. Changes or corrections in the +design or right-of-way requirements must be itemized and forwarded, in writing, +to the responsible engineer and the owner as those persons are reflected on the +private development checklist. +   (d)   Required off-site easements. If off-site easements or rights-of-way +are required to accomplish the construction shown in the engineering plans, +field notes describing the easements or rights-of-way, sketches showing the +required easements or rights-of-way, copies of recorded deeds for all affected +property, and agreements from the owners of the off-site property must be +submitted before approval of the plans. The agreements are acceptable only if +they are from the current owners and were executed less than one year before +the time they are submitted. +   (e)   Director action. The director shall approve, approve with conditions, +or disapprove engineering plans within 30 days after the date a complete +application is filed under Subsection (b). The director shall not approve +engineering plans that do not comply with the requirements of this article, the +Dallas City Code, or state and federal law. +   (f)   Action letter. The director shall send an action letter to the +applicant within 30 days after the date a complete application is filed under +Subsection (b). If the director disapproved the engineering plans, the letter +must contain the reasons for disapproval. If the director approved the +engineering plans, the letter must contain all conditions of approval. The +letter must contain a citation to the relevant section of the Dallas City Code +or state or federal law for each reason for disapproval or condition of +approval. +   (g)   Resubmission application. +      (1)   If the director approves an engineering plan with conditions or +disapproves an engineering plan under Subsection (e), the applicant may file a +resubmission application to address the conditions for approval or correct the +reasons for disapproval. If the director determines that the application is +complete, the director shall accept it and route it to all affected +departments. If the director determines that the application is incomplete, the +director shall return it to the applicant with a description of its +deficiencies. If the director determines that the resubmitted engineering plan +contains changes that are not required to address the conditions of approval or +reasons for disapproval, or that the resubmitted application creates new +conditions that do not comply with this article, the Dallas City Code, or state +or federal law, the director shall reject the application and the applicant +must submit a new engineering plan application. The director must approve, +approve with conditions, or disapprove all resubmitted applications within 15 +days after the date a complete resubmission application is accepted by the +city. The director shall approve the application if he finds that it adequately +addresses each condition for approval or reason for disapproval of the previous +engineering plan application. +      (2)   The resubmission engineering plan application must contain all +required fees and the following unless the director determines that an item +listed is not applicable and may be omitted: +         (A)   A copy of the conditionally approved or previously disapproved +engineering plan. +         (B)   A copy of the action letter sent by the director. +         (C)   An explanation of corrections made on the resubmitted +engineering plan to bring the plan in to compliance with the provisions of the +Dallas City Code and state or federal law cited in the disapproval letter sent +by the director. +         (D)   All information required in Subsection (b)(2) through (7).    +   (h)   Infrastructure plans approval. Upon approval of the infrastructure +engineering plans, the applicant shall be notified by the director and advised +of the documents needed to secure a final release from the department. +   (i)   Extension of infrastructure plan approval. An extension of the +approval of the street paving, storm drainage, bridge, and culvert plans will +be considered upon a formal request by the owner to the director of development +services. Six-month extensions may be granted only if the conditions +surrounding the plat, as well as the standards, criteria, and requirements +listed in Section +51A-8.601 do not require a redesign of the infrastructure improvements. (Ord. +Nos. 20092; 23384; 25047; 28073; 28424; 31394; 32002) +SEC. 51A-8.405.   APPORTIONMENT OF EXACTIONS AND PARK LAND DEDICATION. +   (a)   See Section +51A-1.109 for regulations and procedures concerning apportionment of exactions. +   (b)   See Division +51A-4.1000 for regulations and procedures concerning park land dedication. +(Ord. Nos. 26530; 30934) +Division 51A-8.500. Subdivision Layout and Design. +SEC. 51A-8.501.   COMPLIANCE WITH ZONING. +   (a)   Except as otherwise provided in Subsection (c), all plats must be +drawn to conform to the zoning regulations currently applicable to the +property. If a zoning change is contemplated for the property, the zoning +change must be completed before the approval of any final plat of the property. +A plat submission reflecting a condition not in accordance with the zoning +requirements must not be approved by the commission until any available relief +from the board of adjustment has been obtained. +   (b)   Except as otherwise provided in Subsection (c), no plat or replat may +be approved which leaves a structure located on a remainder lot. +   (c)   Subsections (a) and (b) do not apply to a parcel, lot, or remainder +lot that constitutes or is a part of a building site established pursuant to +Section +51A-4.601(a)(5), (6), or (7) of this chapter. (Ord. Nos. 20092; 23384; 25809) +SEC. 51A-8.502.   DESIGNATION OF ABANDONED, FRANCHISED, OR LICENSED PROPERTY. +   (a)   Indication of abandonment. Any abandoned public right-of-way that is +to be incorporated into a platted lot must be indicated by a dashed line on the +plat. The ordinance number for the ordinance abandoning the property must be +reflected on the plat. Incorporation of property improperly abandoned is +prohibited. +   (b)   Indication of franchise or license. Any franchise or license +agreements affecting the property must be indicated on the plat. +   (c)   Estate in expectancy. Any property dedicated to the city as an estate +in expectancy must be clearly indicated graphically, and labeled on the plat. +   (d)   Revocation of offer to dedicate through platting. Property previously +offered for public dedication by the filing of a plat but not developed in any +manner may be revoked through the filing of a replat of the property or a +vacation plat if: +      (1)   the dedicated property was never used for the public purpose +indicated on the plat dedicating the property or for utility or communication +facilities; and +      (2)   no formal acceptance of the dedication was made by the city council +or any city department. (Ord. Nos. 20092; 23384) +SEC. 51A-8.503.   LOTS. +   (a)   Residential lot size. The size of each platted lot must comply with +the minimum regulations for the zoning district in which the lot is located. +Lots must conform in width, depth, and area to the pattern already established +in adjacent areas, having due regard to the character of the area, its +particular suitability for development, and taking into consideration the +natural topography of the ground, drainage, wastewater facilities, and the +proposed layout of streets. +   (b)   Frontage. +      (1)   All lots must front upon either a dedicated public street or a +private street, unless this requirement is waived by an ordinance establishing +a planned development district in which adequate access is provided by access +easement. Platted lots may front upon a private street only if that street has +been approved in accordance with the requirements of this chapter. +      (2)   For the purposes of this subsection: +         (A)    the frontage of a lot is the length of the lot’s intersection +with a public or private street right-of-way line; and +         (B)   all of the property in a shared access development is considered +to be one lot. +      (3)   Except in planned development districts, the minimum frontage +requirement is 10 feet. The minimum frontage requirement for a planned +development district is 10 feet unless otherwise provided in the ordinance +establishing the district. +      (4)   If four or more single family, townhouse, and duplex lots share a +private driveway, a private driveway easement must be provided. The private +driveway easement must provide a minimum access width of 20 feet with a flare +to 30 feet at its intersection with the curb line of a minor street, and a +flare to 40 feet at its intersection with the curb line of a thoroughfare. The +private driveway access easement need not be exclusive to a particular lot, but +must be indicated on the plat, and must have direct access to a dedicated +public street or a private street approved in accordance with this chapter. No +more than four lots may share a private driveway access easement unless, upon +recommendation from the director and the chief planning officer, the commission +finds that the extraordinary topography or shape of the property unduly limits +the development potential of the property, and that the proposed development is +consistent with the spirit and intent of this chapter. The shared access area +in a shared access development is not subject to this paragraph. +      (5)   Single family, duplex, or townhouse lots having frontage on two +opposite sides are prohibited unless the commission finds that this design is +essential to provide proper orientation of residential lots to thoroughfares. +Shared access developments may have frontage on two opposite sides. +   (c)   Residential access to thoroughfares. Where single family, townhouse, +or duplex lots abut a divided thoroughfare, driveway access to the thoroughfare +is prohibited unless, upon recommendation of the director and the chief +planning officer, the commission finds that the extraordinary topography or +shape of the property unduly limits the development potential of the property, +and the proposed development is consistent with the spirit and intent of this +chapter. If the commission permits access under this subsection, the traffic +barrier otherwise required in Section +51A-8.618 is waived. +   (d)   Municipal boundary lines. Plats divided by municipal boundary lines +must be approved by the appropriate body of each affected municipality to be +effective. Any building permit issued based on a plat divided by a municipal +boundary line is void if the requisite approval has not been obtained. +   (e)   Lot lines and existing structures. +      (1)   No plat may be approved if an existing improvement on the property +would encroach upon a proposed lot line or setback line, unless the existing +improvement is to be removed or relocated, or unless the encroachment is +authorized by the Dallas Building Code. +      (2)   No plat may be approved if the location of a proposed lot line +would create a structure not in strict compliance with the Dallas Building +Code, as amended, or the Dallas Development Code, as amended, unless the +existing structure is to be removed, relocated, or altered to comply. +      (3)   Notwithstanding Paragraphs (1) and (2), dedications for public +infrastructure may be accomplished even if a structure encroaches, provided +appropriate language is executed to convey an estate in expectancy. (Ord. Nos. +20092; 21186; 23384; 24731; 25047; 28073; 29478 ; 31394) +SEC. 51A-8.504.   BLOCKS. +   (a)   Block length. Block lengths in plats for single family lots should not +exceed 1200 feet measured from block corner to block corner. The length may be +extended if, upon recommendation from the director and the chief planning +officer, the commission finds that the extraordinary topography or shape of the +property unduly limits the development potential of the property, and that the +proposed development is consistent with the spirit and intent of this chapter. +   (b)   Other considerations. Block length and width must be designed to +accommodate the type of use anticipated and must provide for safe and +convenient access and circulation. Block design must take into account the +physical characteristics of the topography. (Ord. Nos. 20092; 23384; 25047; +28073; 29478) +SEC. 51A-8.505.   BUILDING LINES. +   (a)   Building lines that establish a minimum front, side, or rear yard +setback greater than the current zoning setback requirements, building lines +for lots that border a natural creek channel, and building lines established by +Section +51A-4.401(a)(3) must be shown on the plat. +   (b)   A building line may establish a minimum front, side, or rear yard +setback greater than the minimum front yard setback required by zoning +regulation only if the building line is part of a plan for the orderly +development of a subdivision. Except as provided in Section +51A-8.510, a building line may not establish a minimum front, side, or rear +yard setback less than the minimum front, side, or rear yard setback required +by zoning regulation. The building line for lots that border a natural creek +channel must provide the setback required by Section +51A-5.106. No other building lines may be shown on the plat. +   (c)   If an existing platted building line establishes a minimum front, +side, or rear yard setback greater than the minimum front, side, or rear yard +setback required by zoning regulation, relief from the platted building line +must be sought through a replat submitted to the commission. The commission may +approve a relocation or removal of the platted building line with a minimum +front, side, or rear yard setback greater than required by zoning regulation +only: +      (1)   upon the affirmative vote of at least three-fourths of the +commission members present; and +      (2)   if the commission finds that relocation or removal of the platted +building line will not: +         (i)   require a minimum front, side, or rear yard setback less than +required by zoning regulation; +         (ii)   be contrary to the public interest; +         (iii)   adversely affect neighboring properties; and +         (iv)    adversely affect the plan for the orderly development of the +subdivision. +   (d)   If relief is sought from the minimum front, side or rear yard setback +required by zoning regulation, approval must be obtained from the board of +adjustment. +   (e)   A building line platted and recorded prior to December 13, 2006, +indicating that a front yard setback has been reduced remains enforceable. +Removal of the platted building line may be sought through a replat that +complies with this section. +   (f)   The subdivision administrator may not approve an administrative plat +that adds, moves, or removes a building line. (Ord. Nos. 20092; 23384; 26529; +26531) +SEC. 51A-8.506.   STREET LAYOUT. +   (a)   Generally. Streets must be designed in relation to the thoroughfare +plan, existing and proposed streets, the terrain, streams, and other physical +conditions. The arrangement of streets must provide for the continuation of +streets between adjacent properties when the continuation is necessary for the +safe and efficient movement of traffic, or for utility efficiency. Minor +streets should be oriented in a manner that discourages their use by through +traffic, and to allow efficient drainage systems, utility systems, and general +street improvements. All streets must be designed and constructed in accordance +with this section and Section +51A-8.604. +   (b)   Dead-end streets. +      (1)   Temporary dead-end streets. If adjacent property is undeveloped and +a street must terminate temporarily, the right-of-way must extend to the +boundary of the plat. When a temporary dead-end street is shown on a plat, a +temporary circular or “T” shaped turnaround must be provided and shown as an +easement on the subdivision plat, and must be indicated on the plat by dotted +lines. No turnaround is required if the street is 150 feet or less in length, +measured from the intersection of the street right-of-way lines with the +subdivision boundary to the street’s intersection with a through street. All +temporary turnarounds are subject to approval by the director. +      (2)   Permanent dead-end streets. +         (A)   Except as otherwise provided in this paragraph, if a permanent +dead-end street is created within a proposed plat, a circular turnaround or +other approved turnaround must be provided. The minimum radius for the circular +turnaround is 50 feet for the right-of-way and 43.5 feet for the pavement +measured to the back of the curb. The length of permanent dead-end streets must +not exceed 600 feet, measured along the centerline from the block corner to the +center of the cul-de-sac. The length of a permanent dead-end street may be +extended upon recommendation of the director and the chief planning officer if +they find that the extraordinary topography or shape of the property unduly +limits the development potential of the property, and that the proposed +development is consistent with the spirit and intent of this chapter. +         (B)   A waiver to the requirement of a turnaround for a dead-end +street may be obtained from the director and the chief planning officer only +upon their determination that a turnaround is not needed to serve the traffic +on the street or otherwise needed to protect the public interest. +   (c)   Intersections. The following regulations govern the alignment of +intersections: +      (1)   All streets must intersect as close to a right angle as permitted +by topography or other natural physical conditions. A street must not intersect +with another street or railroad at an angle of more than 105 degrees or less +than 75 degrees. +      (2)   The intersection of two streets must not be located within 100 feet +of a railroad right-of-way if one of the streets crosses the railroad right-of- +way at grade. This 100 foot separation is measured from the nearest point of +the intersection of the street right-of-way and the nearest point of the +railroad right-of-way. +      (3)    A driveway or alley approach must not be located within 100 feet +of a railroad right-of-way. +      (4)   An intersection must not have more than four street approaches. +      (5)   Proposed intersections along one side of an existing cross street +must, wherever practical, align with existing intersections on the opposite +side of the cross street. Street centerline offsets of less than 150 feet are +not permitted unless the cross street is divided by a median without openings +at either intersection. +      (6)   If served by a median opening, minor streets that intersect divided +thoroughfares must be spaced at least 360 feet apart, measured from centerline +to centerline unless otherwise approved by the traffic engineer. +   (d)   Private streets. If a private street is indicated in the street +layout, it must be designed and constructed in accordance with this section and +Section +51A-8.604. +   (e)   Street names. The naming of public or private streets created through +the platting process is the responsibility of the applicant. Street names must +conform to the standards for street names contained in Division +51A-9.300 of this chapter. All proposed street names must be reviewed by the +fire department, the department of development services, and the police +department before consideration by the commission. (Ord. Nos. 20092; 21186; +23384; 25047; 28073; 28424; 29478; 31314; 32002) +SEC. 51A-8.507.   ALLEYS. +   (a)   When required. Alleys are required only in residential zoning +districts, and then only when required under Section +51A-8.604 based on accommodation of street pavement width and zoning density. +Alleys must provide continuous vehicular access regardless of zoning. +   (b)   Regulations. All alleys must meet the following standards: +      (1)   Alleys must have a minimum right-of-way of 15 feet in width. +      (2)   Alley right-of-way must not exceed 20 feet in width. +      (3)   Alleys must consist of at least 10 feet of pavement. +      (4)   Permanent dead-end alleys are not allowed unless all access is +prohibited between the alley and public rights-of-way. Alleys must either +intersect with a dedicated public or private undivided street or an existing +alley. If a dead-end alley is shown on a proposed plat, an approved turnaround +must be provided unless a waiver is obtained from the director and the chief +planning officer. A waiver is permitted only if the director and the chief +planning officer determine a turnaround is not necessitated by the amount of +traffic on the alley, nor otherwise needed to protect the public interest. +      (5)   Alleys must function without reliance on fire lanes or access +easements. An alley must provide vehicular access from a dedicated public +right-of-way or easement to another dedicated public right-of-way along +pavement which is all within dedicated public right-of-way. +      (6)   Alleys adjoining and parallel to divided thoroughfares must be +separated from the thoroughfare by a traffic barrier in accordance with Section +51A-8.618 of this article. +      (7)   Dedications for an alley are required as provided in Section +51A-8.604(c). Where an alley intersects a street, a 15-foot visibility triangle +(alley sight easement) is required. Measurements are taken along the property +line. +      (8)   Alleys must be designed and constructed according to the +requirements of the Street Design Manual and the Standard Details for Public +Works Construction of the department of public works. +   (c)   Private alleys. If a private alley is indicated, it must be designed +and constructed in accordance with all of the requirements in this section, and +must be labeled as a private alley on the proposed plat. Easements for +utilities and franchises must be dedicated in private alleys under the same +circumstances and in the same manner as required for private streets pursuant +to Section +51A-8.610. (Ord. Nos. 20092; 23384; 25047; 28073; 28424; 29478; 30239; 30654; +31314) +SEC. 51A-8.508.   PARKS AND COMMON AREAS. +   (a)   Generally. If any portion of property subject to a plat application +qualifies as a prospective park site pursuant to the standards and guidelines +contained in the Long Range Physical Plan for Park and Recreational Facilities, +the director of parks and recreation must be notified and given an opportunity +to negotiate for the acquisition of the property by the city before a final +plat is approved. If the applicant elects to make a commitment to sell that +portion of the property to the city, he may designate the portion as a +reservation for park use if the following requirements are met: +      (1)   The portion is of a suitable size, dimension, topography, and +general character for its intended purpose. +      (2)   Adequate access to the portion is provided. +      (3)   The dimensions of the portion are clearly identified on the plat. +      (4)   Any development shown on the portion complies with the standards of +the park and recreation department. +   (b)   Proper access. Land reserved for recreation sites and parks is +considered to have proper access and visibility if: +      (1)   the property has frontage of at least 100 feet on an improved +public street; or +      (2)   the property has a high degree of visibility and has paved public +vehicular access to an improved public street. The paved access must be at +least 20 feet in width and must comply with the construction standards of the +department of public works. +   (c)   Utilities. Water, wastewater, and electrical facilities must be +provided to the perimeter of the site. +   (d)   Common areas. Areas retained in private ownership but intended for the +benefit of the owners of lots in the plat must be shown as common areas on the +plat. A permanent maintenance plan must be approved for the area before release +of the final plat. (Ord. Nos. 20092; 23384; 28424; 30239; 30654) +SEC. 51A-8.509.   FIRE AND POLICE ACCESS. +   (a)   Generally. The layout design of a plat must take into consideration +the provision of adequate fire and police access. +   (b)   Water supply. Provisions must be made for the extension of water lines +and the appropriate placement of fire hydrants as required by the department +before approval of the final plat. (Ord. Nos. 20092; 23384; 25047; 28073) +SEC. 51A-8.510.   COMMUNITY UNIT DEVELOPMENT. +   To encourage reasonable flexibility of design and arrangement in the +development of residential communities in residential zoning districts, the +following provisions are made for the approval of community unit developments +(“CUD’s”): +   (a)   A CUD must be submitted for approval to the commission as a +subdivision. +   (b)   A CUD must comply with the maximum lot coverage or density +requirements for the district in which it is located. For purposes of +calculating maximum lot coverage in a CUD, the calculation is made using either +the actual size of the lot or the minimum lot area specified for the zoning +district in which the lot is located, whichever is greater. +   (c)   The minimum lot area of any lot within the CUD may be reduced by an +amount not to exceed 25 percent of the minimum lot area for the zoning district +in which the CUD is located. Any reduction in minimum lot area must be +compensated proportionally on a square foot for square foot basis by the +establishment of permanent community open space to serve the property being +platted. If five percent or more of the community open space is unimproved and +in a flood plain (as defined in +Article V), the minimum lot area may be reduced by up to 30 percent. +   (d)   Front yard, side yard, and rear yard requirements may be uniformly +reduced on all lots and must establish a uniform pattern within the boundaries +of the property being platted. The reduction in front yard, side yard, and rear +yard must not exceed the total percentage reduction of lot area within the +boundaries of the property being platted. +   (e)   The CUD must not be used to increase the number of lots which could +normally be accommodated by the size of the site. +   (f)   The CUD provisions are not applicable to property located in a planned +development district. +   (g)   Open space provided in a CUD must be approved as appropriate for its +intended purpose by the director and the chief planning officer. The open space +area must be within 1320 feet, measured radially, of any residential lot that +is reduced in size in accordance with Subsection (c) of this section. +      (1)   Unimproved open space: +         (A)   may extend into floodway easements or floodway management areas; +         (B)   must be indicated on the plat with a prohibition of structures +and parking areas; and +         (C)   must have a minimum of 10,000 square feet. +      (2)   Improved open space: +         (A)   must not extend into floodway easements or floodway management +areas unless the proposed improvements are in compliance with Division +51A-5.100 of this chapter; and +         (B)   must be developed in accordance with a site plan approved by the +city council after recommendation by the commission. The site plan must include +the location and dimensions of all improvements and structures planned for the +open space. +   (h)   A maintenance agreement for the open space area must be provided in a +community unit development. The agreement must be approved as to form by the +city attorney and executed by the owner(s) or homeowners’ association. (Ord. +Nos. 20092; 22053; 22150; 23384; 25047; 28073; 29478) +SEC. 51A-8.511.   CONSERVATION EASEMENT. +   (a)   The owner of the property to be platted may provide an easement on all +or part of the property to conserve trees and other natural features, subject +to acceptance by the city, to the city or jointly to the city and a nonprofit +association dedicated to the conservation of land. Before the city may consider +accepting the easement, or consider approving the acceptance of an easement +with a nonprofit association as the joint grantee of a conservation easement, +the owner shall provide the building official with a list of the protected +trees by name (both common and scientific) and caliper or an estimate thereof +calculated and documented in a manner approved by the city arborist, written +consent by any lienholder of the property to subordination of the lienholder’s +interest to the conservation easement area, and a preservation strategy for the +easement. The grantee of a conservation easement, if not the city, should be an +eligible grantee such that the grantor will have the option of receiving a +property tax benefit on the assessed value of the conservation easement area. +The conservation easement area should be accessible to the public for walking, +upon trails if the area exceeds 30 acres, unless this activity poses a risk to +endangered species. +   (b)   The easement must be approved by the building official and approved as +to form by the city attorney. +   (c)   The owner may offer a conservation easement to the city through the +city arborist, or to a nonprofit association approved by the city (a list of +such associations may be obtained from the city arborist). (Ord. Nos. 22053; +23384; 24843) +SEC. 51A-8.512.   SHARED ACCESS DEVELOPMENT. +   See Section +51A-4.411 for regulations concerning shared access developments. (Ord. 26333) +Division 51A-8.600. Infrastructure Design and Construction. +SEC. 51A-8.601.   GENERAL STANDARDS. +   (a)   Infrastructure design and construction for water and wastewater mains +must comply with +Chapter 49 of the Dallas City Code, as amended, and all other applicable +requirements of the water utilities department. All other infrastructure design +and construction must comply with this section. +   (b)   All street paving, storm drainage, bridge, and culvert design and +construction must conform to the standards, criteria, and requirements of the +following, as they may from time to time be amended by those responsible for +their promulgation, except that the design criteria in effect on the date the +commission approves the preliminary plat must be used to design the +infrastructure. +      (1)   The Thoroughfare Plan for the city of Dallas. +      (2)   The Central Business District Streets and Vehicular Circulation +Plan. +      (3)   The Long Range Physical Plan for Parks and Recreational Facilities. +      (4)   The Street Design Manual of the city of Dallas. +      (5)   The storm drainage policy of the city of Dallas. +      (6)   The Drainage Design Manual of the city of Dallas. +      (7)   The Plan Development Checklist of the department. +      (8)   The Standard Construction Details of the department of public +works. +      (9)   The Texas Uniform Traffic Control Device Manual. +      (10)   The Dallas Central Business District Pedestrian Facilities Plan. +      (11)   The most recently adopted Dallas Bike Plan. +      (12)   The City of Dallas Planning Policies. +      (13)   All other codes and ordinances of the city of Dallas. +   (c)   If the infrastructure construction is not included in a city-approved +private development contract within two years from the preliminary plat +approval date, then the infrastructure must be redesigned using the most +current criteria. (Ord. Nos. 20092; 21186; 23384; 25047; 28073; 28424; 30239; +30654; 31314) +SEC. 51A-8.602.   DEDICATIONS. +   (a)   Generally. The owner of the property to be platted must provide an +easement or fee simple dedication of all property needed for the construction +of streets, thoroughfares, alleys, sidewalks, storm drainage facilities, +floodways, water mains, wastewater mains and other utilities, and any other +property necessary to serve the plat and to implement the requirements of this +article. Dedications shown on plats are irrevocable offers to dedicate the +property shown. Once the offer to dedicate is made, it may be accepted by an +action by the city council, by acceptance of the improvements in the dedicated +areas for the purposes intended, or by actual use by the city. No improvements +may be accepted until they are constructed according to the approved plans, +details, and specifications, and the final plat is filed for record in the +office of the county clerk of the county in which the property is located. +   (b)   Apportionment of exactions. See Section +51A-1.109 for regulations and procedures concerning apportionment of exactions. +   (c)   Streets. +      (1)   The percentage of right-of-way dedication required for streets is +as follows: +         (A)   When the full right-of-way width of a street is contained within +the boundaries of a proposed plat, the entire required right-of-way contained +within the boundaries of the plat must be dedicated. +         (B)   When a thoroughfare is along the perimeter of a proposed plat, +sufficient right-of-way must be dedicated to provide one-half of the +thoroughfare plan requirement, measured from the centerline of the existing +right-of-way or, if there is no existing right-of-way, the proposed right-of- +way as determined by the director and the chief planning officer. If the +property on the side of the thoroughfare opposite the property to be platted is +railroad right-of-way or a utility or floodway easement, or if some physical or +topographical condition makes the property on that side of the street +undesirable for street right-of-way, the commission may require a +correspondingly greater dedication. +         (C)   When a thoroughfare has a city council approved detailed +alignment, all right-of-way falling within the approved alignment and within +the boundaries of the proposed plat must be dedicated. +         (D)   If substandard right-of-way exists for an existing perimeter +thoroughfare based on the thoroughfare plan requirements, and the plat includes +property on both sides of the existing thoroughfare, sufficient right-of-way +must be dedicated to meet the entire right-of-way requirement. +         (E)   When substandard right-of-way exists based on this article for a +perimeter minor street, sufficient right-of-way must be dedicated to meet one- +half of the entire right-of-way width requirement. +         (F)   When no right-of-way exists and a minor street is proposed, +whether perimeter or contained within the boundaries of the proposed plat, the +full right-of-way width must be dedicated. +      (2)   The amount of right-of-way, pavement width, and minimum centerline +radius for all minor streets must be provided in accordance with the chart in +Section +51A-8.604. +      (3)   When property has been previously platted and improvements have +been constructed, accepted, and used, the commission may waive the requirements +for additional right-of-way for existing streets if: +         (A)   no realignment of any minor street is proposed; +         (B)   no change in zoning classification is proposed; +         (C)   the street has been improved with the required number of lanes, +and the full right-of-way standard is not warranted by expected traffic +volumes, property access requirements, truck, bus, and taxi loading, or +pedestrian use; +         (D)   the director and the chief planning officer recommend the +waiver; and +         (E)   the commission finds that the area is a redeveloping area. +   (d)   Corner clips and sight easements. +      (1)   Corner clips must be dedicated at all intersections by means of a +street easement. A corner clip is a triangle with the legs along the edges of +the street rights-of-way. The size of the corner clip is based on the city's +current design standards. Corner clips must be sized to provide an adequate +turning radius, or to maintain public appurtenances within the area of the +corner clip. +      (2)   Sight easements must be provided if required by the Street Design +Manual of the city of Dallas. +   (e)   Alley sight easements. Alley sight easements must be granted at the +intersection of any alley with a street. The size of the sight easement is that +of a triangle with legs along the property lines equaling 15 feet. +   (f)   Utilities and drainage easements. Easements necessary for poles, +wires, conduits, wastewater, gas, water, telephone, electric power, storm +drainage, and any other utilities needed to serve the property being platted +must be granted. All easements must comply with the following standards: +      (1)   Unless the grantee of an easement gives express written approval, +no structures, fences, trees, shrubs or any other improvement may be placed in, +on, above, over, or across the easement. An exception to this rule is that +paving for parking, walkways, and driveways may be constructed over or across +utility or drainage easements unless such construction is specifically +prohibited by the plat or easement instrument. +      (2)   Any structures, fences, trees, shrubs, or other improvements, +including paving, exist at the pleasure of the grantee. The owner of the +subservient estate is liable for the full cost for any adjustments, +relocations, restorations, replacements, or reconstruction to any item placed +within the easement other than the utilities. The grantee has no responsibility +for any destruction or damage to items other than utilities placed within the +easement. Grantees of easements have the right of ingress and egress to their +respective easements for the purposes of constructing, inspecting, and +maintaining their improvements. +      (3)   If alleys are not provided, rear lot drainage easements and +facilities may be required to prevent cross-lot drainage. +   (g)   Floodways. Floodway management areas and floodway easements must be +dedicated or granted in accordance with Section +51A-8.611. (Ord. Nos. 20092; 21186; 23384; 24843; 24859; 25047; 26530; 28073; +28424; 29478; 30239; 30654; 31314) +SEC. 51A-8.603.   CONSTRUCTION REQUIRED. +   (a)   All public and private streets and alleys within or along the +perimeter of the proposed plat must be improved to the standards of this +article. +   (b)   Storm drainage improvements, bridges, and culverts must be provided as +needed to serve the subdivision in accordance with this article. +   (c)   Sidewalks must be provided in accordance with Section +51A-8.606 of this article. +   (d)   Median openings, extra lanes, and driveways must be provided in +accordance with Section +51A-8.607 of this article. +   (e)   Street appurtenances must be provided in accordance with Section +51A-8.608 of this article. +   (f)   Railroad crossing facilities must be provided in accordance with +Section +51A-8.609 of this article. +   (g)   Utility facilities must be provided in accordance with Section +51A-8.610 of this article. +   (h)   Monumentation must be provided in accordance with Section +51A-8.617 of this article. (Ord. Nos. 20092; 23384) +SEC. 51A-8.604.   STREET ENGINEERING DESIGN AND CONSTRUCTION. +   (a)   Generally. Streets, whether dedicated to the public use or privately +owned, must be designed in accordance with the Street Design Manual of the city +of Dallas. The geometrics of streets must be designed to provide appropriate +access for passenger, delivery, emergency, and maintenance vehicles. +   (b)   Street construction required. +      (1)   Within the boundaries of the proposed plat, the owner must +construct all thoroughfares, minor streets, and alleys shown on the proposed +plat. +      (2)   When a minor street is along the perimeter of the proposed plat and +the street is not improved with an approved all weather paving material to a +width of 20 feet, the owner must improve the street to that standard along the +length of the proposed plat. +      (3)   When a thoroughfare is along the perimeter of the proposed plat for +1000 feet or more, the owner must construct thoroughfare, sidewalk, and storm +drainage improvements to complete one-half of the thoroughfare requirements +along the entire length of the plat, adjusted for any participation in the +construction under Section +51A-8.614. +   (c)   Minor street criteria. If additional right-of-way for a minor street +has been waived by the commission in accordance with Section +51A-8.602 (c)(3), the amount of street construction required for the streets on +which the requirements have been waived is determined by the director of +development services. Additional street construction may be required, if +necessary, based on the existing condition or width of the streets, and if +warranted by the expected traffic volumes, property access requirements, or +truck, bus, and taxi loading. If additional right-of-way has not been waived, +minor streets must be designed and constructed to meet criteria given in the +Street Design Manual of the city of Dallas. +   (d)   Private streets criteria. When permitted, private streets are governed +by the following regulations: +      (1)   Private streets must be constructed and maintained to the standards +for public rights-of-way and must be approved by the director and the chief +planning officer. Sidewalks are required and must be constructed and maintained +to the standards for sidewalks in the public right-of-way. Water and wastewater +mains must be installed in accordance with the applicable ordinances. +      (2)   A legal entity must be created that is responsible for street +lighting, street maintenance and cleaning, and the installation and maintenance +of interior traffic control devices. The legal instruments establishing the +responsibility for a private street or alley must be submitted to the +commission for approval, be approved as to legal form by the city attorney, and +be recorded in the appropriate county. A provision must be included in the +legal instruments that addresses the consequences of failure to maintain the +private street or alley and its appurtenances, including the right, but not the +obligation, of the city to take any action needed to bring the private street +or alley into compliance. +      (3)   Private streets must contain private service easements including, +but not limited to the following easements: utilities; storm drainage; fire +lane; street lighting; government vehicle access; mail collection and delivery +access; and utility meter reading access. +      (4)   Street lights comparable with those required on public rights-of- +way must be provided. Street lighting design plans must be approved by the +director based upon applicable guidelines. +      (5)   Design plans and location of all traffic control devices must be +approved by the traffic engineer. The design, size, color, and construction of +all traffic control devices must comply with the requirements for those located +in public rights-of-way. +      (6)   The fire protection standards in +Article XIII of the Dallas Fire Code must be followed. +      (7)   A public school, park, or other public facility must be accessible +from public rights-of-way in accordance with this code. +      (8)   Private streets must comply with the thoroughfare plan and must not +interrupt public through streets. +      (9)   Private street names and numbers must be approved by the +commission. +      (10)   At all entrances to subdivisions with private streets, signs +identifying the streets as private must be posted. Private street signs must +be: +         (i)   black on a yellow background; +         (ii)   diamond-shaped; +         (iii)   a minimum of 24 by 24 inches; and +         (iv)   installed pursuant to city traffic standards. +      (11)   Private streets and the area they serve must be platted. +      (12)   A guard house may be constructed at any entrance to a private +street. All guard houses must be at least 30 feet from a public right-of-way. +      (13)   Any structure that restricts access to a private street must +provide a passageway 20 feet wide and 14 feet high. +      (14)   One private street entrance must remain open at all times. If an +additional private street entrance is closed at any time, it must be +constructed to permit opening of the passageway in emergencies by boltcutters +or breakaway panels. +      (15)   A private street system serving an area containing over 150 +dwelling units must have a minimum of two access points to a public street. +      (16)   A private street system may serve no more than 300 dwelling units. +      (17)   The city has no obligation to maintain a private street. (Ord. +Nos. 20092; 21186; 22392; 23384; 23535; 25047; 27495; 28073; 28424; 29478; +30239; 30654; 31314; 32002) +SEC. 51A-8.605.   SANITATION COLLECTION ACCESS REQUIRED. +   (a)   Access required. The owner or homeowners’ association must provide +access for city sanitation collection. If unmanned gates are used, the gates +must remain open during routine collection hours (Monday through Saturday +between 7 a.m. and 7 p.m.) A notation must be placed on a plat for single +family or duplex lots indicating that it is the responsibility of the owner or +homeowners’ association to provide adequate access for city sanitation +collection. +   (b)   Indemnity agreement. If sanitation collection occurs on a private +access easement, the owner or homeowners’ association must execute an agreement +with the city department of street, sanitation, and code enforcement services +indemnifying the city against damages to any private streets in the development +caused by the city’s provision of routine sanitation collection. The agreement +must be approved as to form by the city attorney’s office. (Ord. Nos. 20092; +23384) +SEC. 51A-8.606.   SIDEWALKS. +   (a)   Required. Sidewalk construction is required along all public and +private streets unless waived by the director. +   (b)   Design. All sidewalks must be designed and constructed to be barrier- +free to the handicapped, and in accordance with the requirements contained in +the Street Design Manual, the Standard Construction Details, and any other +council approved plan as amended. When poles, standards, and fire hydrants must +be placed in the proposed sidewalk alignment, the sidewalk must be widened as +delineated in the Standard Construction Details to provide a three-foot-wide +clear distance between the edge of the obstruction or overhang projection and +the edge of the sidewalk. +   (c)   Timing of construction. All sidewalks in the parkways of thoroughfares +must be constructed concurrently with the thoroughfare or, if the thoroughfare +is already constructed, before the acceptance of any improvements. Construction +of sidewalks along improved minor streets must be completed before a +certificate of occupancy is issued or before a final inspection of buildings or +improvements constructed on the property. +   (d)   Waiver of sidewalks. A person desiring a waiver of a sidewalk +requirement shall make application to the director. +      (1)   In this subsection: +         (A)   MID-BLOCK LOT means a lot that is not a corner lot. +         (B)   CORNER LOT means a lot that is located at the intersection of +two or more streets. +      (2)   The director may grant a waiver under these conditions: +         (A)   In general. These conditions apply to all waiver requests. +            (i)   If sidewalk construction would cause drainage, safety, or +other engineering issues that cannot be feasibly addressed as determined by the +director. +            (ii)   If a city approved and funded sidewalk construction project +is planned to begin within one year of the waiver application submittal. +             (iii)   If the waiver will not have an adverse effect on +neighboring properties. +         (B)   Mid-block lot. If sidewalks do not exist on the adjacent lots +and on more than 80 percent of the lots on the same blockface. +         (C)   Corner lot. If sidewalks do not exist on any of the mid-block +lots on the same blockface and the lot is not located within one-quarter mile, +as measured along street frontages, from a transit stop, school, park, +playground, or other pedestrian accessible destination. +      (3)   The denial of a waiver application must clearly state the specific +reasons why the waiver conditions were not satisfied. +      (4)   Waivers for sidewalks on separate frontages of corner lots shall be +determined independently for each blockface, but will require only one fee. +      (5)   Granting a waiver does not preclude the city from installing +sidewalks at some later time and assessing the abutting owners for the cost of +the installation. (Ord. Nos. 20092; 23384; 25047; 28073; 29478; 30933; 31314) +SEC. 51A-8.607.   MEDIAN OPENINGS, EXTRA LANES, AND DRIVEWAYS. +   (a)   Generally. All median openings, driveway approaches, driveways, and +extra lanes including left turn lanes, right turn lanes, acceleration/ +deceleration lanes, and other extra lanes must be located, designed, and +constructed in accordance with the current standards of the department of +public works. +   (b)   When required. Left turn lanes are required to serve median openings +providing access to the proposed plat. Other extra lanes must be designed and +constructed as part of the subdivision infrastructure improvements when: +      (1)   they are required by the thoroughfare plan; +      (2)   they are required by the zoning district in which the property is +located; or +      (3)   they are recommended and approved by the director and the chief +planning officer for proper traffic management. +   (c)   Spacing of openings. Median openings must be at least 400 feet from +median openings serving thoroughfare intersections with divided thoroughfares, +measured between the noses of the median. Median openings serving minor streets +and driveway approaches along a divided thoroughfare must be at least 300 feet +apart, measured between the noses of the median, unless the traffic engineer +determines that the potential vehicular traffic in the area does not require +300-foot spacing. The minimum median opening width is 60 feet. Wider openings +may be required in order to facilitate truck turning movements. Median openings +and left turn pockets must be constructed at the intersection of all streets +and drive approaches that generate 250 trips in a 12-hour period. +   (d)   Relocation of openings. Existing median openings may be relocated if: +      (1)   the existing opening does not provide service to a public or +private street; +      (2)   the proposed median opening meets the spacing requirements stated +in Subsection (c) of this section; +      (3)   the existing opening is no longer in use or the owners of the +properties being served by the existing opening sign a document requesting or +approving the change, and the document is approved by the city attorney’s +office; and +      (4)   the proposed relocation is shown on engineering plans approved by +the director. +   (e)   Driveways and driveway approaches. Driveways must be designed and +constructed to provide proper site drainage and to maintain the conveyance of +existing drainage in public and private streets. A separate street cut permit +is required for each driveway approach accessing a thoroughfare. Driveways may +be constructed concurrently with street construction, or with building +construction, but must be completed before the issuance of a certificate of +occupancy, or final inspection of the buildings or improvements on the +property. (Ord. Nos. 20092; 21186; 22026; 23384; 25047; 28073; 28424; 29478; +30239; 30654) +SEC. 51A-8.608.   STREET APPURTENANCES. +   (a)   Generally. Installation of the following items is required at the time +the municipal infrastructure additions or improvements are constructed: +      (1)   Street lights. +      (2)   Traffic signals. +      (3)   Traffic signs and street name blades. +      (4)   Pavement markings. +      (5)   Temporary traffic control devices for use during construction. +   (b)   Street lights. The engineering, material, installation, and activation +of street lights must be provided as required by the approved street lighting +plans. All plan approvals, construction scheduling, and reimbursements must be +coordinated through the director of transportation. +   (c)   Traffic signals. When the area being platted adds a driveway or street +approach to an existing signal, the signal hardware must be modified to serve +the development. The engineering, material, and construction of the upgrade to +the existing signal must be provided. +   (d)   Traffic signs and street name blades. All of the required traffic +signs and street name blades must be provided as determined by the traffic +engineer. All signs must meet the standards of the department of transportation +and may be obtained from the department of transportation or any other source +if city standards are met. All necessary posts, hardware, and concrete required +to complete the sign assembly installation must be provided as determined by +the director of transportation. A maintenance bond sufficient in amount to +maintain all developer installed traffic signs and street name blades for one +year must be posted by the owner. +   (e)   Pavement markings. Pavement markings must be provided as necessary to +serve the property being platted in accordance with the approved plans. +   (f)   Traffic control during construction. The owner is responsible for +installing and maintaining all necessary barricades, temporary signs, pavement +transitions, and pavement markings to safely convey traffic through the +construction area in accordance with the Texas Manual on Uniform Traffic +Control Devices, State Department of Highways and Public Transportation, and +the Barricade Manual of the department of transportation. The owner is also +responsible for the removal of all barricades, temporary signs, pavement +transitions, and pavement markings. (Ord. Nos. 20092; 22026; 23384; 26530; +28424; 30239; 30654) +SEC. 51A-8.609.   RAILROAD CROSSINGS. +   (a)   Generally. All engineering plans and construction of infrastructure in +the railroad right-of-way must be approved by the department and the railroad. +   (b)   Pipeline license agreements. All underground improvements in the +railroad right-of-way require pipeline license agreements. The owner of the +property to be platted is responsible for securing railroad approval and all +costs associated with plan approval, insurance, and construction. +   (c)   Railroad agreements. All surface improvements in the railroad right- +of-way require railroad agreements. The owner of the property to be platted is +responsible for securing railroad approval and all costs associated with plan +approval, insurance, and construction. +   (d)   Agreement processing. Both railroad agreements and railroad license +agreements are processed in the following manner: +      (1)   The owner of the property to be platted submits the executed +agreement to the director for approval. +      (2)   Upon approval, all required funding must be submitted to the +director, who coordinates the receipt of documents and funding and schedules +the items for city council approval. +      (3)   No improvements are permitted until all agreements are accepted and +executed, and all funding has been received by the city. +      (4)   No improvements may be accepted until receipt and approval of final +invoices from the railroad. +      (5)   The owner is responsible for any shortfall in funding. +      (6)   The city refunds any remaining funds to the owner should the final +cost prove less than the funding supplied by the developer. +   (e)   No work permitted until agreements complete. Infrastructure work in +the railroad right-of-way is not permitted until: +      (1)   completed agreements have been executed between the city and the +property owner; +      (2)   completed agreements have been executed between the city and the +railroad; and +      (3)   all required funding for the agreements is received by the city. +   (f)   Payment to railroad. The city shall forward funds received from the +owner to the railroad upon acceptance of the improvements by both the director +and the railroad, and after receipt and approval of the final invoices from the +railroad. The owner is responsible for any additional costs or cost overruns on +the work, and the city shall refund any remaining funds to the developer should +the final cost be less than the funding supplied by the developer. (Ord. Nos. +20092; 22026; 23384; 23694; 25047; 28073) +SEC. 51A-8.610.   UTILITIES. +   The owner shall provide all necessary utility facilities to serve the +subdivision, including easements, materials, construction, service connections, +and funding as required by the various utility companies. No utility +connections may be made until the final plat has been approved and recorded +with the county. (Ord. Nos. 20092; 23384) +SEC. 51A-8.611.   STORM DRAINAGE DESIGN. +   (a)   Generally. +      (1)   Drainage systems, including all conveyances, inlets, conduits, +structures, basins, or outlets used to drain storm water, must be designed and +constructed to promote the health, safety, and welfare of the property owner +and the public. Adequate provision must be made for the acceptance, collection, +conveyance, detention, and discharge of storm water runoff drainage onto, +through, and originating within the subdivision. No final plat release may be +issued until proper provision has been made for drainage. +      (2)   Private drainage systems are those which serve one lot or tract, or +any open system that serves more than one lot or tract for which a private +entity has maintenance obligations. Private systems are owned and maintained by +a private entity. Easements must be provided to allow access by the city to any +open system in the event that private system failure or diminished function +jeopardizes the public's health, safety or welfare. Private storm water +drainage systems must be designed in general conformance with the design +standards of the department of water utilities as set forth in the Drainage +Design Manual of the city of Dallas. Private enclosed systems are not required +to be constructed according to the Standard Construction Details, File 251D-1. +      (3)   Public drainage systems are those systems which serve more than one +lot or tract, excluding open systems maintained by a private entity. The +portion of a drainage system located downstream from a lot or tract boundary, +and the portion of any drainage system within the lot or tract boundary which +conveys storm drainage from outside the lot or tract boundary are public +systems. Public storm water drainage systems must be designed and constructed +in strict conformance with department of water utilities requirements. +      (4)   The city owns and maintains public systems that have been +constructed and accepted pursuant to Section +51A-8.612. +      (5)   All storm drainage facilities must be designed and constructed to +safely drain a one-percent annual chance storm event as outlined in the +Drainage Design Manual of the city of Dallas. Paved streets and alleys, +ditches, and swales may be used for emergency overflow capacity in parallel +with enclosed systems provided the requirements of the Drainage Design Manual +of the city of Dallas are met. +      (6)   Storm water must be discharged in an acceptable form and at a +controlled rate so as not to endanger human life or public or private property. +      (7)   The owner shall fund and construct all storm drainage outfalls +necessary to safely and adequately drain the subdivision. +      (8)   The city may provide new public drainage outfalls and public +drainage system upgrades to serve existing and future subdivisions through +specific items in the capital improvement bond programs. +   (b)   Erosion and sedimentation control. +      (1)   The owner shall provide erosion control plans for review and +subsequent approval by the department of development services for any +development requiring grading or clearing where sediments can be carried to +natural or manmade drainageways. Erosion and sedimentation control plans are +required in the following instances: +         (A)   When the property to be platted is located in the escarpment or +in a geologically similar area (See Division +51A-5.200). +         (B)   Where ground cover is disturbed over an area larger than three +acres. +         (C)   If required as a condition of approval of the preliminary plat. +      (2)   Erosion control plans must include the following: +         (A)   A timing schedule indicating the starting and completion dates +of the development activities sequence and the time of exposure of each area. +Written approval of the director of development services is necessary to +authorize any time of exposure exceeding six months. +         (B)   A complete description of all control measures designed to +control erosion and sedimentation of soils during and after construction. The +owner is responsible for maintenance of erosion and sedimentation control +measures during development and shall remove sediment from city right-of-way or +storm drainage systems that occurs during the construction phase. Revegetation +of the disturbed area is required as a part of the approved erosion control +plan. +   (c)   Detention. +      (1)   Detention facilities required in this subsection must be designed +to provide detention for the one-percent, two-percent, 10 percent, and 50 +percent annual chance storm events. Detention must be provided in the following +instances: +         (A)   The property to be platted is in or drains through the +escarpment zone or a geologically similar area as defined in Division +51A-5.200 of this chapter. +         (B)   The development of the platted area results in an increase to +the existing rate of runoff due to a rezoning of the platted area that allows +higher density. Detention will not be required if: +            (i)   the rezoned area is in the redeveloped area and there is no +increase in impermeable surface; +            (ii)   the change in zoning results in less than a 20 percent +increase in the runoff, and the area rezoned is less than 3 acres, or an +adequate outfall exists to handle the developed discharge; or +            (iii)   the rezoned area is less than one acre in size and adds +less than 5,000 square feet of additional impervious surface relative to +existing conditions. +         (C)   The proposed development does not have adequate outfall to carry +the one-percent annual chance storm event without damaging property downstream, +or the owner of downstream property refuses to provide the needed easements to +the city. Detention will not be required under this subparagraph if the owner +funds and constructs the storm drainage system to provide a one-percent annual +chance storm event runoff carrying capacity. +         (D)   The property to be platted contributes to the storm drainage of +a neighboring municipality having detention requirements, provided there are +written agreements with the neighboring municipalities. +      (2)   Detention facilities must be designed and constructed in +conformance with the Drainage Design Manual of the city of Dallas. +      (3)   Detention area easements must be dedicated on the plat when +detention facilities are on-site, and dedicated by a separate instrument when +detention facilities are off-site. +      (4)   Each adjoining property owner and his successors and assigns shall +be responsible for simple, routine maintenance of the detention area easement. +The city of Dallas is responsible for any major maintenance and repair work +necessary for the public safety and welfare. +      (5)   The constructed detention facilities and pond area must remain to +line and grade and must not be altered without the approval of the director of +water utilities. +      (6)   If detention is provided due to inadequate outfall pursuant to +Section +51A-8.611(c)(1), then upstream storm drainage systems must be designed for a +one-percent annual chance storm event, up to the outfall into the detention +basin. Drainage systems constructed downstream must be designed for a one- +percent annual chance storm event of the drainage basin without taking into +consideration the reduction in flow provided by the detention facility +upstream, unless a lesser criteria is approved by the director of water +utilities when the proposed development does not increase the stormwater +drainage from the property and the director determines that the drainage system +is not necessary to preserve public health or safety. +      (7)   Storm water runoff from any plat into a contiguous city may be +required to comply with the criteria of the contiguous city as directed by the +director of development services provided there is a written agreement in +effect at the time. +      (8)   When development of the property downstream results in the +construction of facilities designed to accommodate the one-percent annual +chance storm event, and the detention facilities upstream are no longer +necessary, the detention facilities may be abandoned and the land reclaimed for +other purposes. +   (d)   Floodways. +      (1)   Generally. Floodways must be provided in accordance with the +recommendation of the director of water utilities and the requirements of the +commission to accommodate the one-percent annual chance storm event drainage +flows. Floodway dedications must be identified on the plat and monumented on +the ground. Floodway conditions must be satisfied before submitting a final +plat for a certificate of approval. Division +51A-5.100 applies to all floodways. +      (2)   Floodway easements. +         (A)   Floodway easements are drainage areas dedicated to the city as +an easement to prevent obstructions of floodway capacity in a flood plain. +Except as provided in Paragraph (3), a floodway easement is required for any +portion of a property that is within a flood plain. +         (B)   A 15-foot wide floodway access easement from a publicly +dedicated right-of-way may be required and may extend along a creek, parallel +to the top of the bank to inspect or maintain a floodway easement. +         (C)   The owner of a lot that includes a floodway easement is liable +for floodway easement maintenance in compliance with this subsection, taxes, +and all other standard property owner liabilities. +         (D)   Unless approved by the directors of development services and +water utilities in an instrument filed in the county deed records or by a city +council approved tree mitigation plan, structures, fencing, trees, shrubs, or +any other improvement or growth may not be placed in or across any floodway +easement. +         (E)   Common areas, such as in a CUD, may be located within floodway +easements. Before the release of a final plat, access to the common area must +be shown on the plat and a permanent maintenance plan must be approved as to +form by the city for a common area within a floodway easement. Owners of a +common area within a floodway easement are jointly and severally liable for the +floodway easement common area maintenance in compliance with this subsection, +taxes, and all other standard property owner liabilities. +         (F)   For purposes of this subsection, "maintenance" means removing +any object or condition that, as determined by the director of water utilities, +impedes the free flow of water. Maintenance includes: +            (i)   keeping the floodway easement free from any structures; +            (ii)   removing debris; +            (iii)   desilting lakes, ponds, and detention areas; and +            (iv)   controlling the growth of vegetation. +         (G)   The city retains the right, but not the obligation, to enter +onto the floodway easement to inspect or maintain the easement. If the floodway +easement is not maintained in compliance with this subsection, the city has the +right, but not the obligation, to put the floodway easement in compliance with +this subsection. The owner of the floodway easement must pay the city for +maintenance work performed within 180 days after the date of presentation of +the bill. If a bill is not paid by the owners when due, the city shall file a +lien statement that includes expenses assessed, the name of the owner, if +known, and the legal description of the lot with the county clerk of the county +where the lot is located. +      (3)   Floodway management areas. +         (A)   Floodway management areas are drainage areas dedicated to the +city in fee simple to prevent obstructions of floodway capacity in a flood +plain. All floodways not dedicated as a floodway management area must be +dedicated as a floodway easement. +         (B)   If any portion of the subject property is (1) within a flood +plain and (2) abuts a public park, green belt, open space, trail system, or the +Trinity River that has been recommended for improvement in a flood plain +management plan, the Trinity River corridor plan, the park and recreation long +range development plan, the park and recreation master plan, the trail network +plan, or any other master plan adopted by the park and recreation board or city +council, the directors of water utilities, development services, and parks and +recreation must be notified and given an opportunity to negotiate for the +acquisition of the property for a floodway management area before a final plat +is approved. The property owner is encouraged, but not required, to donate the +floodway management areas to the city. +         (C)   If the applicant donates or commits to sell that portion of the +property to the city, the applicant must designate that portion as a dedication +or reservation on the plat. Upon acquisition of the property, the city +maintains the floodway management area. +         (D)   The area for each floodway management area must be identified on +the plat in square feet or in acres. +         (E)   No lot may extend into a floodway management area. +   (e)   Lot to lot drainage. Each lot must be drained to an abutting street or +alley unless the director of development services determines that drainage to a +street or alley is infeasible. If the director of development services +determines that street or alley drainage is not feasible, drainage may be +provided as follows: +      (1)   If no more than the rear 15 feet of a lot drains toward the rear +lot line, a well-pronounced swale must be provided as approved by the director +of development services. +      (2)   If more than the rear 15 feet of a lot drains toward the rear lot +line, a paved invert in a common area or a drainage easement is required. In +order to accommodate the one-percent annual chance storm event, an enclosed +drainage system with inlets may be designed. Each portion of the system that +drains one lot must be a private system. Each portion of the system that drains +more than one lot must be a public system within an easement. (Ord. Nos. 20092; +23384; 25047; 27333; 27572; 27697; 30994; 31314; 32002) +SEC. 51A-8.612.   PRIVATE DEVELOPMENT CONTRACTS. +   (a)   Generally. Once the infrastructure plans and apportionment +determination have been approved, but before the final release of a plat or +approval of a zoning district classification or boundary change requiring an +exaction, private development contracts must be executed by the chief engineer +for development services to build the proposed infrastructure facilities. +Private development contracts for water and wastewater improvements, if needed, +must comply with +Chapter 49 of the Dallas City Code. Private development contracts for other +infrastructure improvements must comply with this section. In addition, to +ensure that the city will not incur claims or liabilities as a result of the +developer's failure to make payment in accordance with the terms of a private +development contract, the director may require the developer, as a precondition +of approval or release of a final plat or approval of a zoning district +classification or boundary change requiring an exaction, to provide sufficient +surety guaranteeing satisfaction of claims against the development in the event +such default occurs. The surety shall be in the amount of the private +development contract. The surety shall also be in the form of a bond, escrow +account, cash deposit or unconditional letter of credit drawn on a state or +federally chartered lending institution. The form of surety shall be reviewed +and approved by the city attorney. If a bond is furnished, the bond shall be on +a form provided by the director and approved by the city attorney. The bond +shall be executed by the developer and at least one corporate surety authorized +to do business and licensed to issue surety bonds in the State of Texas and +otherwise acceptable to the city. If a cash deposit is provided, the deposit +shall be placed in a special account and shall not be used for any other +purpose. Interest accruing on the special account shall be credited to the +developer. If an escrow account is provided, the account shall be placed with a +state or federally chartered lending institution with a principal office or +branch in Texas, and any escrow agreement between the developer and the +escrowing institution shall provide for a retainage of not less than ten +percent of the private development contract amount, to be held until the +director gives written approval of the construction of the facilities. +   (b)   Cost. The cost of infrastructure construction is the responsibility of +the developer of the property to be platted except as provided in Sections +51A-1.109 and +51A-8.614. +   (c)   Form. The private development contract must be on a form provided by +the director and approved by the city attorney. +   (d)   Bonds. The private development contract must include performance and +payment bonds equivalent to those the city uses and requires in its standard +specifications, and the city must be a named obligee in the bonds. +   (e)   Duplicate plans. As part of the contract submission, duplicate sets of +approved plans must be submitted to the director in sufficient number to meet +the current contract plan distribution requirements of the city. +   (f)   Construction inspection. Before the approval of a private development +contract, the owner shall submit to the director the name of the engineer +licensed to practice in the State of Texas with whom he has contracted to +provide the required construction inspection. The engineer performing the +construction inspection shall attest to the director that the engineer, or a +qualified member of the engineer’s firm, made periodic visits to the worksite, +as dictated by recognized and customary practice, to inspect the construction +of the storm drainage, street paving, bridge, culvert, and traffic signal +improvements, and to assure that the improvements were constructed according to +the approved plans, profiles, details, and specifications for the project. The +engineer shall submit copies of the construction inspection reports along with +his declaration. +   (g)   Material testing. Before the approval of a private development +contract, the name of a local materials testing company that is: +      (1)   competent in the field of testing pertinent to the contract; and +      (2)   under contract with the owner; must be submitted to and approved by +the director. Materials testing and certification must comply with the standard +specifications for public works construction. +   (h)   Authorization to begin. No construction of infrastructure improvements +may begin until a letter authorizing the construction has been issued by the +director. +   (i)   Order of construction. +      (1)   Except where the contractor has obtained a permit to barricade and +occupy existing street right-of-way, paving and storm drainage construction +which must be accomplished in existing public right-of-way must be completed +and accepted by the department before the issuance of any building permits for +structures in the platted area unless waived by the director when sequencing of +the work is infeasible. If paving and storm drainage work in existing right-of- +way and work requiring a building permit are allowed to occur simultaneously, +the paving and storm drainage work must be completed and accepted by the +department before the issuance of a certificate of occupancy or authorization +for utility connections. +      (2)   In order to obtain building permits for structures to be +constructed in the platted area: +         (A)   all required infrastructure work must have been completed and +accepted; or +         (B)   the necessary infrastructure work to satisfy the fire department +requirements must have been completed, and the developer must have furnished +satisfactory evidence in the form of a development bond, approved by the city +attorney and furnished by the property owner with the city of Dallas named as +the obligee on the bond, in an amount equal to the estimated cost of the +uncompleted infrastructure. The estimated cost of the uncompleted +infrastructure must be approved by the director. +      (3)   Private development contracts for paving must not be approved by +the city until the related storm drainage construction is completed and +acceptable, and a water and wastewater release is issued by the director of +water utilities approving the related water facilities construction work +beneath or in close proximity to the proposed pavement. +   (j)   Assurance of compliance. The owner of the property to be platted is +responsible for all construction and inspection services required for paving +and drainage improvements. The owner shall ensure that the work is performed +and completed in conformance with the approved plans, the standard +specifications for public works construction, and the standard construction +details. The responsible engineer shall certify in writing that the materials +and work are in conformance with all plans and specifications. +   (k)   Letter of acceptance. No infrastructure improvements are considered +accepted until: +      (1)   the owner has filed an affidavit affirming that: +         (A)   all parties to the private development contracts have been paid +except for the normal and usual 10 percent retainage; and +         (B)   no liens exist on the property dedicated; +      (2)   the department has a copy of the approved recorded plat; +      (3)   the director has inspected the infrastructure improvements and +determined that they comply with the approved plans and specifications and all +applicable city ordinances; +      (4)   all fees required by this chapter or another city ordinance for the +construction of the infrastructure improvements have been paid to the city; +      (5)   a letter of acceptance has been issued by the director; and +      (6)   the engineer of record has certified that all addition corners have +been set pursuant to Section +51A-8.617. +   (l)   Maintenance and repairs. The contractor responsible for the +construction of the infrastructure shall make maintenance repairs and replace +all defective materials and workmanship for a period of one year from the date +of the acceptance of the improvements. The decision of the director is +conclusive on the determination as to needed maintenance or defective materials +or workmanship. The director’s determination shall be based upon applicable +guidelines. (Ord. Nos. 20092; 21045; 21491; 22022; 23384; 25047; 25048; 26530; +28073; 30239; 30654; 32002) +SEC. 51A-8.613.   COVENANT PROCEDURES. +   (a)   An owner who desires to plat more property than he is willing to +construct or design paving, storm drainage, water, or wastewater facilities to +serve may plat the property if he executes a covenant for the benefit of the +city in accordance with this section. The covenant must run with the land. As +part of the covenant, the owner shall agree to, at his cost: submit any needed +additional plans; construct the required infrastructure; and secure or dedicate +easements and rights-of-way necessary to serve the development at the owner’s +cost. Covenants involving water or wastewater facilities must be approved in +accordance with +Chapter 49 of the Dallas City Code, as amended. +   (b)   Upon approval of the terms of the paving and storm drainage covenant +by the director, the owner shall execute the covenant on a form provided by the +director. Executed covenants must be submitted to the department for +processing. +   (c)   All covenants must be approved in accordance with the procedure set +out in Section +2-11.2 of this code. +   (d)   If a covenant is not fulfilled, no building permit or certificate of +occupancy may be issued for any property included within the boundaries of the +plat which the covenant was executed to serve. +   (e)   Upon determination by the director that all conditions of a covenant +have been fulfilled, the city manager may execute, and cause to be filed of +record, a release of the covenant without the necessity of city council +approval. In the event of a conflict between this subsection and other +provisions in the Dallas City Code, this subsection controls. (Ord. Nos. 20092; +22026; 23384; 23694; 25047; 28073) +SEC. 51A-8.614.   COST SHARING CONTRACT. +   (a)   Generally. All funding requests for city cost sharing participation in +municipal infrastructure additions or improvements must be approved by the city +council. City participation is generally limited to items that benefit a broad +population segment. The developer’s apportioned share of any exaction pursuant +to Section +51A-1.109 is the responsibility of the developer unless the developer, as +documented in a cost sharing contract, volunteers to pay a greater proportion. +If the developer volunteers to pay a greater proportion, the city has no +obligation for the amount volunteered. All city participation is subject to the +availability of funds. City participation must comply with Subchapter C of +Chapter 212 and Chapter 252 of the Texas Local Government Code. (Ord. Nos. +20092; 20730; 21186; 23384; 25047; 26530) +SEC. 51A-8.615.   NONSTANDARD MA- TERIALS. +   (a)   Generally. Nonstandard materials may be used in the public right-of- +way for paving, parkway, sidewalk, driveway, and other street enhancement if +the criteria in this section are met. +   (b)   Plans. Plans indicating the nonstandard materials must be approved by +the director of public works. +   (c)   Samples. Samples of each material used for a walking or traveling +surface in the public right-of-way must be submitted to and approved by the +director of public works. +   (d)   Standards. All street paving, sidewalk, driveway, curb, and gutter +construction must conform to the Standard Construction Details and the Standard +Specifications for Public Works Construction of the department of public works. +   (e)   Sidewalks. Sidewalks must be designed barrier-free to the handicapped. +   (f)   Landscaping. Proposed landscaping in the public right-of-way must +conform to the park and recreation beautification plan or be approved by the +director of public works, and must not interfere with utilities or any +authorized use of the public right-of-way. +   (g)   Central business district. If the proposed plat is within the central +business district, the nonstandard materials must meet all provisions of the +Dallas Central Business District Pedestrian Facilities Plan Update. +   (h)   Written approval. Written approval must be obtained from the director +of public works before any work is done. +   (i)   Liability. The responsibility and liability for all claims or damages +resulting from injury or loss due to the use or presence of nonstandard work or +materials is governed by Sections 43-33 and 43-34 of the Dallas City Code, as +amended, and no liability is assumed by the city for approving plans including +nonstandard materials. +   (j)   Agreements required. A written agreement must be executed between the +owner of the property to be platted and the city for the use of nonstandard +materials in the public right-of-way. The agreement must be executed before the +construction of any improvement consisting of nonstandard materials. If the +nonstandard material is to be located in a street or alley, or is otherwise +intended for vehicular travel, a covenant agreement is required which provides +a plan of perpetual maintenance at no cost to the city. If the nonstandard +material is for a driveway, a sidewalk, or for another surface outside of the +area between street curbs, or is not intended for vehicular travel, a written +agreement is required between the owner of the property to be platted and the +city. The owner is responsible for securing all required sidewalk, driveway, or +street cut permits. +   (k)   Maintenance of nonstandard material in public rights-of-way. All +improvements in the public rights-of-way exist at the pleasure of the city and +must be maintained to the satisfaction of the city. The owner +of the property to be platted is responsible for all maintenance and +replacement of nonstandard materials and all preparatory work, including +subgrade and base maintenance and replacement necessary due to work performed +by the city or utility companies in the discharge of their responsibilities. +Failure to maintain and replace defective nonstandard materials and workmanship +constitutes just cause for the city to remove any portion or all of the +nonstandard work and replace it with standard materials. (Ord. Nos. 20092; +23384; 28424; 30239; 30654) +SEC. 51A-8.616.   RESERVED. +(Ord. 23384) +SEC. 51A-8.617.   MONUMENTATION. +   (a)   Minimum monumentation standards. +      (1)   At all angle points, points of curve, and points of tangency on the +perimeter of the platted boundary, a minimum three inch metallic cap disc must +be affixed to a metal pipe or rod and stamped with the addition name and the +registered professional land surveyor number of the surveyor of record, or the +name of the surveying company. +      (2)   At all block corners, a minimum two inch metallic cap must be +affixed to a metal pipe or rod. The cap must be stamped with the block number +and registered professional land surveyor number of the surveyor of record, or +the name of the surveying company. +      (3)   At all lot corners, points of curve, and points of tangency of +curves, a minimum 1/2-inch diameter metal pipe or rod is required with a cap +stamped with the registered professional land surveyor number of the surveyor +of record, or the name of the surveying company. +      (4)   All monuments installed must contain a cap or disc imprinted with +the addition name, if required, and the registration number of the surveyor or +the name of the engineering or surveying firm that prepared the plat. In +locations where such monuments cannot be installed, alternate types of +monuments may be installed with the prior approval of the chief city surveyor. +A request for alternate monumentation must be made in writing by the surveyor +of record, and must include the City Plan File Number and the reason for the +alternate monumentation request. +      (5)   Any points of monumentation that can not be set at the designated +place must be referenced with sufficient witness monumentation. +   (b)   Placement of a monument on the boundary of property being platted in +which no areas are to be dedicated to the public. +      (1)   Monuments must be installed on the boundary of such property being +platted at all corners, angle points, and points of curvature and tangency. +      (2)    The size, shape, and substance of monuments found or installed on +the perimeter of the platted boundary must be described on the drawing and in +the owner’s certificate of the submitted plat. +   (c)   Placement of monuments on and within the boundary of property being +platted in which areas are to be dedicated to the public. Monuments must be +installed on the boundary of such property being platted at all corners, angle +points, and points of curvature and tangency, except those points falling +within areas to be dedicated. In areas to be dedicated, all points on new +right-of-way lines must be monumented. Monuments must be installed within the +boundary of such property being platted at the following points: +      (1)   All corners of parks, squares, or other portions intended for +public use. +      (2)   All block corners. +      (3)   On the right-of-way lines of all alleys and public and private +streets at all points of intersections, angle points, and points of curvature +and tangency. +   (d)   Placement of monuments on floodways, conservation easement areas, and +escarpment lines. +      (1)   Monuments must be installed on each lot line and boundary line +where these lines are intersected by or tangent with a floodway management +area, floodway easement, conservation easement area, or the escarpment zone. +      (2)    Monuments for floodway management areas, floodway easements, and +detention areas must be installed at all angle points and points of curvature +or tangency. +      (3)    Floodway management areas, detention areas, escarpment zones, and +conservation easement areas must be monumented with a minimum 1/2-inch iron rod +with a cap stamped with the registered professional land surveyor number of the +surveyor of record, or the name of the surveying company. +      (4)   Floodway easement areas must be monumented in accordance with the +dimensions and specifications set forth under City File No. 424-109. +   (e)   Registered Professional Land Surveyor’s certificate. The final plat of +the area being platted must contain a certificate that the land being platted +was surveyed under the supervision of a registered professional land surveyor. +The certificate must contain the registered professional land surveyor’s name +and registration number, and must be sworn to before a notary public. +   (f)   Monument verification. After required monumentation has been set, a +letter stating this must be sent to the chief city surveyor, for field +inspection and verification of the platted property. The letter must be from +the surveyor of record and must include the City Plan File Number and the +addition name. (Ord. Nos. 20092; 23384; 24843) +SEC. 51A-8.618.   TRAFFIC BARRIERS. +   (a)   When required. For all property being platted with identifiable single +family, duplex, or townhouse components that front on both an arterial and a +public or private street or alley, traffic barriers must be constructed that +separate the property from the arterial. See Section +51A-8.507(b)(6) for alley requirements. +   (b)   Easement. The owner must dedicate an exclusive barrier easement along +the lots or alleys perimeter to the thoroughfare depending on who will maintain +the barrier. Barrier easements must have a minimum width of three feet. If a +screening wall serves as a traffic barrier, maintenance of the wall is the +responsibility of each individual owner abutting the easement or the +homeowners’ association. +   (c)   Design. The design and construction of traffic barriers must be +approved by the director. If concrete is used for traffic barriers, it must be +reinforced and have a minimum compressive strength of 3000 pounds per square +inch at 28 days test. The traffic barrier must be at least 24 inches in height. +All traffic barriers must be maintained by the property owner or a homeowners +association. +   (d)   Timing of construction. All traffic barriers required by this article +must be constructed concurrently with the adjoining street or, if the +thoroughfare is already constructed or is not to be constructed with the +subdivision infrastructure, before the issuance of a certificate of occupancy +or utility connection for any structure within the boundaries of the plat. +   (e)   Acceptance of construction. All traffic barriers must be constructed +under a private development contract in accordance with Section +51A-8.612. If a screening wall serves as a traffic barrier, it must be designed +by an engineer and approved by the director. +   (f)   Maintenance and repair. Each adjacent property owner is responsible +for simple routine maintenance and cleaning of all barriers to which his +property is adjacent. The city of Dallas is responsible for any major +maintenance and repair work necessary for the traffic barrier if the city has +accepted it for maintenance. Any other type of traffic barriers is the +responsibility of the homeowners’ association or the owner. (Ord. Nos. 20092; +21186; 23384; 25047; 28073) +SEC. 51A-8.619.   SCREENING WALLS. +   If the screening wall serves as a traffic barrier, it must meet the +standards of Section +51A-8.618. (Ord. Nos. 20092; 23384) +SEC. 51A-8.620.   RETAINING WALLS. +   All retaining walls located on private property along public rights-of-way +or easements must be constructed of reinforced concrete or other materials +determined to be sufficiently durable by the director. Retaining wall design +must be approved by the director of public works to ensure site conditions are +adequately addressed by the design. Engineer certification and building permits +may be required by other applicable regulations. (Ord. Nos. 23384; 25047; +28073; 28424; 30239; 30654) +Division 51A-8.700. Administration. +SEC. 51A-8.701.   NOTHING DEEMED SUBMITTED UNTIL FEES PAID. +   Whenever a requirement exists for the submission of plans and a fee exists +for the processing of the plans, no submission is complete until all required +fees have been paid. (Ord. Nos. 20092; 23384) +SEC. 51A-8.702.   EARLY RELEASE OF BUILDING OR FOUNDATION PERMIT. +   (a)   Generally. No building or foundation permit may be issued before the +completion and filing for record of a final plat except in accordance with this +section. The recipient of an early release permit bears the entire risk that +improvements may need to be modified or removed based on engineering plan +review or final plat disapproval. No certificate of occupancy shall be issued +until the final plat is properly filed for record as required by this article +and state law, and all conditions of preliminary plat approval and all other +applicable rules and regulations have been satisfied. +   (b)   Application. An application for an early release must be submitted to +the building official. The building official shall review the application and +determine whether an early release is appropriate. If the building official +recommends the early release, a building or foundation permit may be issued. +The application for early release must include: +      (1)   the number of copies required for circulation and review; +      (2)   a copy of the approved preliminary plat; +      (3)   the file number assigned to the plat application by the city; +      (4)   a copy of the action letter from the subdivision administrator +outlining the conditions of preliminary plat approval; +      (5)   all requisites for building or foundation permit applications, +whichever apply; and +      (6)   a site plan showing the following: +         (A)   Boundary lines of the property. +         (B)   Existing streets. +         (C)   Pavement widths and surface compositions for existing and +proposed driveways, sidewalks, and areas intended for vehicular travel. +         (D)   Improvements existing on the property, and all proposed +improvements. +         (E)   All dedications required by the preliminary plat. +   (c)   Fee. The fee for early release of a building or foundation permit is +$300. +   (d)   Requirements for approval. No early release may be authorized until: +      (1)   clearance has been received from all affected departments; +      (2)   the commission or the subdivision administrator has approved a +preliminary or final plat subject to conditions in accordance with this +article. +      (3)   all submitted plans conform to all applicable city ordinances, +requirements, and conditions of plat approval, and compliance can otherwise be +enforced; +      (4)   all affected departments have determined the basic requirements +necessary for final approval; +      (5)   the proposed building site has adequate all-weather access through +public or private right-of-way; +      (6)   adequate storm drainage outfall exists to safely discharge on-site +drainage of a one-percent annual chance flood; +      (7)   adequate assurance has been received that off-site easements +necessary for infrastructure to serve the plat have been secured; +      (8)    the proposed site has adequate water facilities for emergency fire +service; +      (9)   infrastructure plans for the proposed plat have been submitted to +the department and are in general conformance with city standards; +      (10)   if required by the director, private development contracts and +bonds have been submitted; +      (11)   the application complies with all applicable laws; +      (12)   the only requirement preventing the building or foundation permit +from being issued is the completion and filing for record of the plat; +      (13)   the building or foundation permit clearly states that no +certificate of occupancy will be issued for the property or, for residential +applications, no final inspection will be made until all platting requirements +have been met; +      (14)   the owner acknowledges in writing concurrence with the conditions +under which the permit is issued; and +      (15)   the fee required by Subsection (c) is paid to the building +official. (Ord. Nos. 20092; 21431; 23384; 25047; 26529; 28073; 31314; 31394) +SEC. 51A-8.703.   CIRCUMVENTION OF REGULATIONS PROHIBITED. +   (a)   Recording of plat. All plats must be signed by the property owners and +filed and recorded with the county clerk of the county in which the property is +located in accordance with the requirements of state law. No person may file or +cause to be filed for record with the county clerk a proposed plat before the +final plat of the property has been endorsed by the commission chair or the +subdivision administrator in accordance with this article. +   (b)   Building permit. No building permit may be issued for the construction +of any building or structure located on a tract that was not created in +accordance with this article, except that building permits may be issued for: +      (1)��  remodeling or repair of existing structures on such a tract; and +      (2)   infrastructure construction. +   (c)   No public or private improvements. No construction of any public or +private improvements may be commenced or continued except in conformity with +this article. +   (d)   Certificates of occupancy. No certificate of occupancy may be issued +and no final inspection for residential property may be made for property which +was not developed in strict compliance with this article, or for property upon +which all conditions of plat approval have not been met. The fact that a +building permit was issued for the property does not excuse compliance with all +regulations, and a certificate of occupancy may be denied if a building permit +is issued in error. (Ord. Nos. 20092; 23384; 26529) +SEC. 51A-8.704.   UTILITIES. +   Utility connections are not authorized until a final plat has been approved +by the commission in accordance with this article and filed for record with the +county clerk. (Ord. Nos. 20092; 23384) +SEC. 51A-8.705.   TAXES. +   No final plat may be filed with the county clerk until all taxes assessed by +the city against the property have been paid. (Ord. Nos. 20092; 23384; 26529) +SEC. 51A-8.706.   APPROVALS AND AGREEMENTS IN WRITING. +   Whenever a requirement exists for approval by an official body, a city +official, or a city employee, or for an agreement, concurrence, or +acknowledgement from an applicant, the approval, agreement, concurrence, or +acknowledgement must be expressed in written form. (Ord. Nos. 20092; 23384) +SEC. 51A-8.707.   PLATTING IN THE ESCARPMENT ZONE AND IN THE GEOLOGICALLY +SIMILAR AREA. +   (a)   The commission or the subdivision administrator shall refuse +permission to plat property in the escarpment zone or in the geologically +similar area, as defined in the escarpment regulations of this chapter, unless +the director has first issued an escarpment permit for the development +proposed. +   (b)   When property in the escarpment zone or in the geologically similar +area is platted: +      (1)   the escarpment zone or the geologically similar area must be shown +on the plat; and +      (2)   the plat must provide any dedications necessary for maintenance, +drainage, or compliance with Division +51A-5.200, “Escarpment Regulations”; and +      (3)   the property owner is encouraged, but not required, to dedicate the +escarpment zone or geologically similar area to the city as park. (Ord. Nos. +20092; 23384; 25047; 26000; 26529; 28073) +SEC. 51A-8.708.   WAIVER BY CITY COUNCIL. +   Nothing in this division shall preclude the city council from waiving, in +whole or in part, any provision of this division in connection with the +abandonment, conveyance, or closure of streets or alleys. (Ord. 23384) +ARTICLE IX. +THOROUGHFARES. +Division 51A-9.100. Thoroughfare Plan Amendments. +SEC. 51A-9.101.   THOROUGHFARE PLAN DEFINED. +   For the purposes of Section 8, Chapter XV, Dallas City Charter, as approved +by the citizens of Dallas at an election held on January 17, 1981, the +thoroughfare plan of the City consists of Ordinance No. 20860, THOROUGHFARE +PLAN - CITY OF DALLAS, TEXAS, as amended, and Ordinance No. 13262, CBD STREETS +AND VEHICULAR CIRCULATION, as amended. These two ordinances, as amended, are +hereby designated and will be referred to as the “thoroughfare plan.” (Ord. +Nos. 19455; 21186) +SEC. 51A-9.102.   THOROUGHFARE PLAN AMENDMENT PROCESS. +   (a)   Initiation of thoroughfare plan amendments. +      (1)   Proposed changes in the thoroughfare plan may be initiated by the +city staff, city plan commission, thoroughfare committee, or the city council +by referring the proposed change to the city manager for study and +recommendation. +      (2)   Proposed changes in the thoroughfare plan may also be initiated by +any person who submits the following to the department of planning and urban +design: +         (A)   An application, on a form provided for that purpose, with all +required information completed. +         (B)   The required fee. +      (3)   For the purpose of this article “city manager” means the city +manager or his designee. +   (b)   Commission report and recommendation required. +      (1)   The commission shall make a report and recommendation to the city +council on all proposed amendments to the thoroughfare plan. The commission may +appoint a thoroughfare committee to study proposed amendments to the +thoroughfare plan. +      (2)   The city manager shall conduct those studies necessary for the +commission to make its recommendation and report to city council. +      (3)   The commission shall hold a public hearing to allow proponents and +opponents of an amendment to the thoroughfare plan to present their views. +      (4)   Before the commission holds the public hearing on an amendment to +the thoroughfare plan the city manager shall give notice of the public hearing +in the official newspaper of the city at least 10 days before the hearing. +      (5)   In addition to notice by publication, if the amendment to the +thoroughfare plan is a change in a thoroughfare classification or route +description, the city manager shall send written notice of a public hearing on +the proposed change to all owners of real property in the area of change lying +within 200 feet of the existing right-of-way line if the proposed change will +narrow the right-of-way, or within 200 feet of the proposed right-of-way line +if the proposed changes will widen the right-of-way. The measurement of the 200 +feet includes streets and alleys. The notice must be given not less than 10 +days before the date set for the hearing by depositing the notice properly +addressed and postage paid in the United States mail to the property owners as +evidence by the last approved city tax roll. +      (6)   The commission shall make its recommendation on a proposed +amendment to the thoroughfare plan from staff reports of the city manager, +field inspections and the evidence presented at the public hearing. +      (7)   The city manager shall forward to the city council the commission’s +recommendation and report as well as the staff recommendation on amendments to +the thoroughfare plan. +   (c)   City council action. +      (1)   Before the city council holds the public hearing on an amendment to +the thoroughfare plan, the city manager shall give notice of the public hearing +in the official newspaper of the city at least 15 days before the hearing. +      (2)   In addition to notice by publication, if the amendment to the +thoroughfare plan is a change in a thoroughfare classification or route +description, the city manager shall send written notice of a public hearing on +the proposed change to all owners of real property in the area of change lying +within 200 feet of the existing right-of-way line if the proposed change will +narrow the right-of-way, or within 200 feet of the proposed right-of-way line +if the proposed change will widen the right-of-way. The measurement of the 200 +feet includes streets and alleys. The notice must be given not less than 10 +days before the date set for the hearing by depositing the notice properly +addressed and postage paid in the United States mail to the property owners as +evidence by the last approved city tax roll. +      (3)   The written notice of a hearing before the city council may be +combined with the written notice of a hearing before the commission if the date +of the city council hearing is known at the time of sending commission hearing +notices. +      (4)   An amendment to the thoroughfare plan requires the favorable vote +of a majority of the members of the city council present. (Ord. Nos. 19455; +22026; 25047; 28424; 29478; 29882, eff. 10/1/15) +Division 51A-9.200. Approval of Alignment of Thoroughfares. +SEC. 51A-9.201.   PROCEDURES FOR ESTABLISHMENT OF THOROUGHFARE ALIGNMENT. +   (a)   In cases where the city must purchase right-of-way to construct a +freeway, thoroughfare, or a street in the CBD, before initiating purchasing +procedures, the city manager shall present to the city council, the city staff +recommendation for alignment of the roadway and its appurtenant facilities +based on engineering criteria. +   (b)   If the city council determines that the nature of the proposed +alignment does not warrant a public hearing, the city council may approve the +alignment by majority vote of city council members present. +   (c)   If the city council determines that the nature of the proposed +alignment requires notification of affected property owners and a public +hearing, the city manager shall send written notice of a public hearing on the +proposed alignment to all owners of real property lying within 200 feet of the +proposed right-of-way line. The measurement of the 200 feet includes streets +and alleys. The notice must be given not less than 10 days before the date set +for the hearing by depositing the notice properly addressed and postage paid, +in the United States mail to the property owners as evidenced by the last +approved city tax roll. +   (d)   After a public hearing the city council may approve an alignment by a +majority vote of the city council members present. +   (e)   After an alignment has been approved by the city council, the +alignment may not be changed in a way that will require the purchase of +additional right-of-way unless the change is approved by the city council +following the same procedures for approval of an original alignment in +accordance with Subsections (b) and (c). +   (f)   For the purpose of this article, “alignment” means the location of +right-of-way lines, curb lines, and roadway placement of a freeway, +thoroughfare, or a street in the CBD. (Ord. Nos. 19455; 21186) +SEC. 51A-9.202.   PROCEDURE FOR APPROVAL OF STATE OR COUNTY THOROUGHFARE +IMPROVEMENTS. +   (a)   Before the city gives its approval of a construction plan for a +freeway, thoroughfare, or a street in the CBD by the state or county, the city +manager shall present the proposed construction plan to the city council for +review. +   (b)   If the city council determines that the nature of the proposed +construction plan does not warrant a public hearing, the city council may +approve the construction plan by majority vote of the city council members +present. +   (c)   If the city council determines that the nature of the proposed +construction plan requires notification of affected property owners and a +public hearing, the city manager shall send written notice of a public hearing +on the proposed construction to all owners of real property lying within 200 +feet of the proposed right-of-way line. The measurement of the 200 feet +includes streets and alleys. The notice must be given not less than 10 days +before the date set for the hearing by depositing the notice properly addressed +and postage paid in the United States mail to the property owners as evidenced +by the last approved city tax roll. +   (d)   After a public hearing the city council may approve a construction +plan by the state or county by a majority vote of the city council members +present. +   (e)   The public hearing on a construction plan of the state or county may +be held jointly with the state or county. (Ord. Nos. 19455; 21186) +Division 51A-9.300. Street Naming and Name Change Process. +SEC. 51A-9.301.   DEFINITIONS. +In this division: +   (1)   DIRECTIONAL PREFIX means an indicator of the direction a roadway +passes from an official base line established pursuant to +Article V, “Building Numbering,” of +Chapter 43, “Streets and Sidewalks,” of the Dallas City Code, as amended. For +example, in the street name “North Franklin Road,” North is the directional +prefix. +   (2)   DIRECTIONAL SUFFIX means an indicator of address location. For +example, in the address “137 Franklin Road W,” W is the directional suffix. +   (3)   FUNCTIONAL CLASSIFICATION means the systematic classification of +roadways in categories according to their access and movement attributes. Minor +streets, residential and community collectors, minor and principal arterials, +and freeways and expressways are functional classifications of roadways. Minor +streets usually provide access to individual lots. Collector streets provide +access between the minor streets and arterials. Arterials link areas of the +city and carry traffic to freeways and expressways, which primarily provide +movement to locations throughout the region. +   (4)   HISTORIC STREET NAME means a street name that commemorates: +      (A)   a person who significantly contributed to the cultural, economic, +social, religious, or political heritage of the city; +      (B)   a site or area where there occurred historic events which +significantly contributed to the cultural, economic, social, religious, or +political heritage of the city; or +      (C)   a person or family founding or traditionally associated with the +area where the street is located. +   (5)   LABEL means the portion of a street name that attaches a creative +identity to a roadway. For example, in the street name “Franklin Road,” +Franklin is the label. +   (6)   Reserved. +   (7)   MAJOR ROADWAY means a roadway on the city’s thoroughfare plan. +   (8)   MINOR ROADWAY means a roadway not on the city’s thoroughfare plan. +   (9)   ROADWAY means any official vehicular course for travel, regardless of +length or service characteristics. +   (10)   STREET NAME means the street label together with the street-type +designation, but does not include a directional prefix or suffix. For example, +in the street identified as “North Franklin Road,” Franklin Road is the street +name. +   (11)   TYPE means the portion of a street name that identifies the kind of +roadway, but does not necessarily attach a functional classification. For +example, in the street name “Franklin Road,” Road is the type. (Ord. Nos. +19832; 21186; 22224) +SEC. 51A-9.302.   GENERAL PROVISIONS. +   (a)   Only public street names may be changed by the process contained in +this division. +   (b)   A street name change application may be initiated only by: +      (1)   an owner of property abutting the street; +      (2)   the director of the department if necessary to address public +safety concerns; +      (3)   a city council member with concurrence by two other city council +members; or +      (4)   the city plan commission by majority vote. +   (c)   The definitions and standards in this division apply to both original +street naming and street name changes. Applicable procedures for assigning +original street names are contained in +Article VIII, “Plat Regulations.” (Ord. Nos. 19832; 22224; 25047; 28073) +SEC. 51A-9.303.   APPLICATION. +   An application for a street name change must be filed with the department on +an application form furnished by that department. The application must include +the following: +   (1)   The application fee. The city council may waive the application fee if +the city council finds that payment of the fee would result in substantial +financial hardship to the applicant. +   (2)   A statement of the reasons supporting a street name change. +   (3)   The existing and proposed street names. +   (4)   The roadway’s status as a major roadway or a minor roadway. +   (5)   For all applications except those made by the director, a city council +member, or the city plan commission, a petition indicating that at least 51 +percent of the owners of all lots abutting the street favor the name change. +   (6)   A site plan showing the location of the street. (Ord. Nos. 19832; +22224; 25047; 28073) +SEC. 51A-9.304.   STANDARDS FOR STREET NAMES AND STREET NAME CHANGES. +   (a)   In general. +      (1)   A proposed label in a street name may not duplicate any existing +label. +      (2)   A proposed street name may not be similar to an existing street +name so that it creates confusion or an obstacle to the provision of emergency +services. +      (3)   If all of the standards in this section are met, a roadway that +extends into the city of Dallas from a contiguous municipality must adopt the +street name given the street by the contiguous municipality. +      (4)   A street name that uniquely identifies a particular tract, tenant, +or product name is prohibited. +      (5)   A street name may not contain more than 14 characters providing, +however, that the street-type designation may be abbreviated to comply with +this requirement. +      (6)   Hyphenated and apostrophied street names are prohibited. +   (b)   Number of names for a roadway. +      (1)   Except as provided in Paragraph (2), a roadway must have only one +name. +      (2)   Different names must be given to the same roadway under the +following conditions: +         (A)   If a minor roadway deviates from its predominant course at a 90 +degree angle for a distance of more than 300 feet, a different name must be +used for the predominant course and for each portion of the roadway deviating +from the predominant course. +         (B)   If two segments of a minor roadway are separated by an +intervening land use that prohibits vehicular passage, and if future +connections of the street segments through the use is unlikely, the segments of +roadway on each side of the intervening use must have different names. +         (C)   If a street is interrupted and offsets more than 150 feet at a +cross street, different names must be given to the offset street segments. +   (c)   Historic street names. +      (1)   A historic street name may not be changed. +      (2)   A street name commemorating a person or a historic site or area is +prohibited until at least two years after the death of the person to be honored +or the occurrence of the event to be commemorated. +   (d)   Street type and label designation. +      (1)   A street name may not contain more than one street-type +designation. For example, the street name “John Doe Place Road” is not +permitted. +      (2)   The designation of the street type must be based upon the features +of the roadway, such as the traffic volumes carried by the roadway, its +physical design and construction characteristics, and its role in the +surrounding street network. +      (3)   No street name may have more than two labels before the street-type +designation. +   (e)   Directional prefix and suffix. +      (1)   A directional prefix is permitted only when the roadway intersects +one of the official baselines used by the city. +      (2)   A directional suffix is permitted as an indicator for address +location. +   (f)   Guidelines. +      (1)   A street name may be based upon physical, political, or historic +features of the area. +      (2)   The name of a subdivision and names thematically related to the +name of a subdivision may be given to a street within the subdivision. +   (g)   Waiver. The city council, by a three-fourths vote of its members, may +waive any of the standards contained in this section when waiver would be in +the public interest and would not impair the public health, safety, or welfare. +(Ord. Nos. 19832; 23407) +SEC. 51A-9.305.   REVIEW OF APPLICATION. +   (a)   Within 10 working days after receipt of a complete application for a +street name change, the subdivision administrator shall request comment +regarding the potential impacts of the name change on the operations of the +following departments and other affected entities: +      (1)   Department of transportation. +      (2)   Department of public works. +      (3)   Office of budget and management services. +      (4)   Fire-rescue department. +      (5)   Department of development services. +      (6)   Police department. +      (7)   Water utilities department. +      (8)   Department of sanitation services. +      (9)   Department of code compliance. +      (10)   Contiguous municipalities if any property abutting the street is +within the contiguous municipality. +      (11)   Dallas County Historical Commission. +      (12)   TXU Electric, or its successor. +      (13)   TXU Gas, or its successor. +      (14)   Southwestern Bell Telephone Company, or its successor. +      (15)   U.S. Postal Service. +   (b)   The subdivision administrator shall formulate a recommendation on the +proposed street name change based upon his own review of the application, the +standards in Section +51A-9.304, and the comments received from those listed in Subsection (a). The +subdivision administrator shall set a date for review of the application before +the subdivision review committee of the city plan commission. +   (c)   Notice of the public hearing before the subdivision review committee +must be advertised in the official newspaper of the city no fewer than 15 days +before the date of the hearing. The subdivision administrator must also send +written notice of the public hearing to abutting property owners as ownership +appears on the last approved ad valorem tax roll no fewer than 15 days before +the date of the hearing. Notification signs must be posted along the street for +no fewer than 15 days before the date of the hearing. +   (d)   The subdivision review committee shall formulate a recommendation +based upon their review of the application, the standards contained in Section +51A-9.304, and the recommendation of the subdivision administrator. (Ord. Nos. +19832; 22026; 23694; 24410; 24843; 25047; 27204; 28073; 28424; 30239; 30654; +31658; 32002) +SEC. 51A-9.306.   HEARING BEFORE THE CITY PLAN COMMISSION. +   (a)   After review of the application by the subdivision review committee, +the subdivision administrator shall set the application for hearing by the city +plan commission. +   (b)   Notice of the public hearing before the city plan commission must be +advertised in the official newspaper of the city no fewer than 30 days before +the date of the hearing. The subdivision administrator must also send written +notice of the public hearing to abutting property owners as ownership appears +on the last approved ad valorem tax roll no fewer than 30 days before the date +of the hearing. Notification signs must be posted along the street for no fewer +than 30 days before the date of the hearing. +   (c)   The city plan commission shall make a recommendation to the city +council of either approval or denial of the application based upon the +testimony presented at the public hearing, the recommendations of the +subdivision review committee and the subdivision administrator, and the +standards contained in Section +51A-9.304. (Ord. Nos. 19832; 22224; 27204) +SEC. 51A-9.307.   HEARING BEFORE THE CITY COUNCIL. +   (a)   If the city plan commission recommends denial of a street name change, +the action of the city plan commission is final unless the applicant files a +request for appeal to the city council within 10 days of the hearing at which +the action was taken. The request for appeal must be in writing and must be +submitted to the subdivision administrator. +   (b)   The subdivision administrator shall schedule a city council hearing on +all applications for street name change in which the commission recommends +approval, and in all applications in which the commission recommends denial if +an appeal is requested in accordance with this section. +   (c)   Notice of the public hearing before the city council must be +advertised in the official newspaper of the city no fewer than 15 days before +the date of the hearing. The subdivision administrator must also send written +notice of the public hearing to abutting property owners as ownership appears +on the last approved ad valorem tax roll no fewer than 15 days before the date +of the hearing. Notification signs must be posted along the street for no fewer +than 15 days before the date of the hearing. +   (d)   The favorable vote of three-fourths of all members of the city council +is required if: +      (1)   the street name change has been recommended for denial by the city +plan commission; or +      (2)   a written protest against the street name change has been signed by +the owners of 20 percent of all lots abutting the street. +   (e)   The city council shall either approve or deny the application based +upon the testimony presented at the public hearing, the recommendations of the +city plan commission, the subdivision review committee, and the subdivision +administrator, and the standards contained in Section +51A-9.304. (Ord. Nos. 19832; 20037; 22224; 27204) +SEC. 51A-9.308.   NOTIFICATION OF NAME CHANGE. +   If the request for a name change is approved by the city council, the city +secretary shall notify those listed in Section +51A-9.305 and others requesting notification of the name change. The +subdivision administrator shall send written notice of the city council’s +action to abutting property owners. (Ord. 19832) +SEC. 51A-9.309.   EFFECTIVE DATE OF NAME CHANGE. +   Providing that all required fees have been paid by the applicant, a name +change approved by the city council takes effect 60 days after the date of its +approval unless city council sets a later effective date. (Ord. Nos. 19832; +27204) +Division 51A-9.400. Four-Way/All-Way Stop Controls at Residential +Intersections. +SEC. 51A-9.401.   APPLICATION. +   (a)   Prerequisites for accepting an application. An application for +installation or removal of four-way/ all-way stop controls at residential +intersections must be filed with the traffic engineer. The traffic engineer +shall not accept an application unless it has the support of at least two- +thirds of the owners or tenants residing within 600 feet of the intersection at +issue. +   (b)   Calculation of votes. The following rules apply for purposes of +calculating the extent to which an application has the support of owners or +tenants: +      (1)   Lots containing no more than four dwelling units receive one +application vote per unit. +      (2)   Lots containing more than four dwelling units receive no votes +unless the application is signed by the owner or property manager, in which +case the lot is allocated a number of application votes based on the following +formula: +Number of votes = Length of street frontage of the lot containing the dwelling +units (in feet) divided by the average single family lot width (in feet) in the +area within 600 feet of the intersection at issue. +   (c)   Owner or manager of a residential building may sign application. The +owner or manager of a residential building may sign the application on behalf +of the tenants. +   (d)   Public meeting. The traffic engineer may supplement the petition +process with a public meeting, as needed. If a public meeting is held, the +traffic engineer shall post the notice of the meeting on the city or +department's website not less than 10 calendar days before the meeting. (Ord. +Nos. 24177; 28424; 32093) +SEC. 51A-9.402.   STANDARDS OF REVIEW. +   (a)   Standards for installation. The traffic engineer shall grant +applications to install four-way/all-way stop controls at the intersection of +two or more streets if an applicant shows that: +      (1)   the intersecting streets are residential; +      (2)   the intersecting streets are local; +      (3)   the subject street is not a fire-rescue department emergency +response route; +      (4)   the subject street is used by less than 6,000 vehicles per day; and +      (5)   it is in the public interest to grant the application. +   (b)   Standard for removal. The traffic engineer shall grant applications to +remove four-way/all-way stop controls installed pursuant to this section if an +applicant shows that it is in the public interest to grant the application. +   (c)   Notice required. The traffic engineer shall send written notice of his +or her decision approving or denying the application to the applicant within 10 +days of the date of the decision. Notice is given by depositing the notice +properly addressed and postage paid in the United States mail. (Ord. Nos. +24177; 28424) +SEC. 51A-9.403.   APPEALS. +   (a)   Appeal to the city plan commission. An applicant who is dissatisfied +with the decision of the traffic engineer may appeal that decision to the city +plan commission. A written notice of appeal must be signed by the applicant or +its legal representative and filed with the traffic engineer within 30 calendar +days of the date that notice of the traffic engineer's decision is given. +   (b)   Public hearing before the commission; notice requirements. The city +plan commission shall hold a public hearing to allow interested parties to +express their views regarding the appeal. The traffic engineer shall give +notice of the public hearing in a newspaper of general circulation in the city +at least 15 calendar days before the hearing. In addition, the traffic engineer +shall send written notice of the hearing to all owners of real property lying +within 600 feet of the intersection at issue. The notice must be given not less +than 10 calendar days before the date set for the hearing by depositing the +notice properly addressed and postage paid in the United States mail to the +property owners as evidenced by the last approved city tax roll. +   (c)   Decision of the commission. The city plan commission may reverse or +affirm, in whole or in part, or modify the decision of the traffic engineer +based upon testimony presented at the public hearing, technical information +provided by city staff, and the standards contained in this division. The +decision of the commission shall be final unless the applicant files a notice +of appeal to the city council in accordance with this section. +   (d)   Appeal to the city council. An applicant who is dissatisfied with the +decision of the city plan commission may appeal that decision to the city +council. A written notice of appeal must be signed by the applicant or its +legal representative and filed with the traffic engineer within 30 calendar +days of the commission's decision. +   (e)   Public hearing before the city council; notice requirements. The city +council shall hold a public hearing to allow interested parties to express +their views regarding the appeal. The traffic engineer shall give notice of the +public hearing in a newspaper of general circulation in the city at least 15 +calendar days before the hearing. In addition, the traffic engineer shall send +written notice of the hearing to all owners of real property lying within 600 +feet of the intersection at issue. The notice must be given not less than 10 +calendar days before the date set for the hearing by depositing the notice +properly addressed and postage paid in the United States mail to the property +owners as evidenced by the last approved city tax roll. +   (f)   Decision of the city council. The city council may reverse or affirm, +in whole or in part, or modify the decision of the city plan commission based +upon testimony presented at the public hearing, technical information provided +by city staff, and the standards contained in this division. The favorable vote +of two-thirds of all members of the city council is required to grant an +application that has been recommended for denial by the commission. (Ord. Nos. +24177; 28424; 32093) +Division 51A-9.500. Ceremonial Street Naming. +SEC. 51A-9.501.   PURPOSE. +   The purpose of this division is to commemorate individuals who have made +significant contributions to the community, but without causing any disruption +of the existing street names and abutting uses. (Ord. 31040) +SEC. 51A-9.502.   GENERAL PROVISIONS. +   (a)   Only public streets may be granted ceremonial street naming by the +process contained in this division. +   (b)   A ceremonial street naming application may only be initiated by: +      (1)   an owner of property abutting the portion of the street to receive +the ceremonial street naming if the property owner submits a petition showing +51 percent of the owners of all abutting lots of that portion of the street are +in support of the ceremonial street name; or +      (2)   a city council member with concurrence of two other council +members. +   (c)   Ceremonial street names must be a person's name. (Ord. 31040) +SEC. 51A-9.503.   PROCESS. +   (a)   Application. An application for a ceremonial street naming must be +filed with the department on an application form furnished by the director. The +application must include the following: +      (1)   The application fee for an owner initiated ceremonial street +naming. +      (2)   A statement of the reasons supporting a ceremonial street naming +including a showing that the prospective honoree had a minimum of 10 years +community involvement and demonstrated an extraordinary and consistent +voluntary commitment and dedication to the community, or has contributed +significantly to City of Dallas. +      (3)   A map showing the location of the street and the portion of the +street receiving the ceremonial street name. +   (b)   Notice. +      (1)   Prior to the public hearing before the city council, the director +shall give notice of the public hearing in the official newspaper of the city +at least 15 days before the hearing. +      (2)   Notice of the public hearing must be given to the abutting property +owners not less than 15 days before the date set for the hearing by depositing +the notice properly addressed and postage paid in the United States mail to the +property owners as evidenced by the last approved tax roll. This notice must be +written in English and Spanish if the area of request is located wholly or +partly within a census tract in which 50 percent or more of the inhabitants are +persons of Spanish origin or descent according to the most recent federal +decennial census. +      (3)   Required notification signs must be posted along the street at +least 15 days before the date of the hearing. +   (c)   Public hearing. The city council may approve the application based on +the testimony presented at the public hearing and a determination that the +application meets the ceremonial street naming criteria standards. The +application may be approved by a majority vote of the members present, except +the favorable vote of three-fourths of all members of the city council is +required if a written protest against the ceremonial street naming has been +signed by 20 percent of all abutting property owners. +   (d)   Early removal. The same application, notice, and hearing process must +be followed to remove a ceremonial street name. (Ord. 31040) +SEC. 51A-9.504.   STANDARDS FOR CEREMONIAL STREET NAMING. +   (a)   In general. +      (1)   Except as provided in this subsection: +         (A)   Prospective honorees must have had a minimum of 10 years +community involvement and demonstrated an extraordinary and consistent +voluntary commitment and dedication to the community, or have contributed +significantly to the City of Dallas. +         (B)   Use of a ceremonial street naming is prohibited until at least +two years after the death of the person to be honored. +         (C)   Individuals who have already been honored on one street, whether +ceremonial or official, may not be honored on another street. +      (2)   The standards in this subsection may be waived by a three quarters +vote of the city council. +   (b)   Additional standards. +      (1)   Ceremonial street naming cannot contain a product name or be used +for a commercial purpose. +      (2)   Ceremonial street naming must be a person's name. +      (3)   A ceremonial street naming sign topper must have "In Honor of" as +the top line. +      (4)   No portion of a street may have more than one ceremonial street +name. (Ord. 31040) +SEC. 51A-9.505.   NOTIFICATION OF CEREMONIAL STREET NAMING. +   If the request for a ceremonial street naming is approved by the city +council, the subdivision administrator shall send written notice of the city +council's action to abutting property owners. (Ord. 31040) +SEC. 51A-9.506.   EFFECTIVE DATE OF CEREMONIAL STREET NAME AND END DATE. +   Providing that all required fees have been paid by the applicant, a +ceremonial street name approved by the city council takes effect 60 days after +the date of its approval unless city council sets a later effective date. The +ceremonial street name ends 10 years after the effective date. (Ord. 31040) +SEC. 51A-9.507.   INSTALLATION AND REPLACEMENT. +   (a)   Installation. The director of the transportation department is +responsible for the fabrication and installation of the ceremonial street name +toppers. +   (b)   Removal. The department is not responsible for replacing ceremonial +street naming toppers due to vandalism, theft, and normal wear and tear. The +department may remove any ceremonial street name topper that has become +unsightly without replacing it. (Ord. 31040) +ARTICLE X. +LANDSCAPE AND TREE CONSERVATION REGULATIONS. +Division 51A-10.100. In General. +SEC. 51A-10.101.   DEFINITIONS. +   In this article: +      (1)   AGE CLASS means a distinct group of trees originating from a single +natural event or regeneration activity (i.e., a 10-year age class), as used in +inventory management. +      (2)   ANSI A300 means the American National Standard for Tree Care +Operations, including all parts, as amended. +      (3)   APPROVED TREE LIST means the list of replacement and landscape +trees approved by the director. +      (4)   ARTIFICIAL LOT means an area within the building site that is +delineated by the building official or the director of park and recreation for +the sole purpose of satisfying the requirements of this article (see Section +51A-10.122). +      (5)   BOUNDARY TREE means: +         (A)   a tree growing on a property boundary line between two private +lots resulting in joint ownership by the adjacent property owners when the +trunk exists on each property; or +         (B)   a tree that has 20 percent or more of its tree canopy cover +extending over a property line into an adjacent building site. +      (6)   BROWNFIELD means a building site, the expansion, redevelopment, or +reuse of which may be complicated by the presence or potential presence of a +hazardous substance, pollutant, or contaminant. +      (7)   CALIPER means the thickness of a tree trunk measured in inches. +      (8)   CANOPY TREE means a species of tree that normally bears crown +foliage no lower than six feet above ground level upon maturity. +      (9)   CLASS 1 TREE means a tree located in a primary natural area or a +geologically similar area within 50 feet above the escarpment zone. +      (10)   CLASS 2 TREE means a tree that is not otherwise classified as a +Class 1 tree or Class 3 tree. +      (11)   CLASS 3 TREE means black willow, cottonwood, hackberry, +honeylocust, mesquite, mimosa, mulberry, ornamentals, pinus spp., Siberian elm, +silver maple, sugarberry, or a small tree. +      (12)   CLEARING means any activity that removes or seriously injures one +or more trees or the vegetative ground cover of one or more trees, such as root +mat removal or topsoil removal. +      (13)   COVERED SOIL AREA means an area of soil that is under nonpermeable +pavement and is designed to accommodate tree root growth. +      (14)   CRITICAL ROOT ZONE means the circular area of ground surrounding a +tree extending a distance of one foot per diameter inch of the tree, measured +from the tree trunk or stem. +      (15)   DEVELOPMENT IMPACT AREA means the area of land or vegetation +alteration within a property including, but not limited to, clearing, grading, +excavating, filling, and any construction site operations, paving, or any other +installation. +      (16)   DIAMETER means the thickness of a tree trunk. +      (17)   DRIP LINE means a vertical line that runs from the outermost point +of the crown of a tree to the ground. +      (18)   ENHANCED PAVEMENT means any permeable or nonpermeable decorative +pavement material intended for pedestrian or vehicular use approved by the +director. Examples of enhanced pavement include, but are not limited to, brick +or stone pavers, grass paver, exposed aggregate concrete, and stamped and +stained concrete. +      (19)   EVERGREEN TREE OR SHRUB means a tree or shrub of a species that +normally retains its leaves throughout the year. +      (20)   FACADE PLANTING AREA means the portion of a lot abutting a +storefront, office, or mixed use building facade. +      (21)   FLOOD PLAIN means any land area susceptible to inundation by the +one-percent annual chance flood. +      (22)   FOREST STAND DELINEATION ("FSD") means a comprehensive assessment +of the conditions of a property using multiple types of information, including, +but not limited to, a tree survey, aerial imagery collected from private or +public sources, natural resources assessments, topographic maps, management +plans, a map of conservation areas, land use maps, etc., to provide the +required data to determine tree replacement requirements and forest +conservation objectives. +      (23)   GRADING means any digging, scooping, removing, depositing, or +stockpiling of earth materials. +      (24)   GREEN INFRASTRUCTURE means the ecological framework of trees and +vegetation used in conjunction with engineered systems for the effective and +resilient processes of stormwater management, climate adaptation, urban heat +abatement, biodiversity, improved air quality, clean water, and healthy soils, +for sustainable social, health, and economic benefits of the urban community. +      (25)   GROUND COVER means natural mulch, or plants of species that +normally reach a height of less than three feet upon maturity, installed in +such a manner so as to form a continuous cover over the ground. +      (26)   HABITAT PRESERVATION AND RESTORATION AREA means a designated area +on a landscape plan dedicated to the restoration and preservation of an +undeveloped site through active or passive management practices. +      (27)   HISTORIC TREE means a tree, or grove of trees, that has been +recognized by resolution of the city council as having cultural or historical +significance. +      (28)   INTERIOR ZONE means the area of a lot not included in a street +buffer zone or a residential buffer zone. +      (29)   INVASIVE PLANT means a plant that has been classified as invasive +to the Dallas region by Texas Parks and Wildlife or the Texas Department of +Agriculture. +      (30)   LANDSCAPE ARCHITECT means a person licensed to use the title of +"landscape architect" in the State of Texas in accordance with state law. +      (31)   LANDSCAPE AREA means an open soil area covered by natural grass, +ground cover, stone aggregate or river rock, or other plant materials for the +purpose of landscaping or the growth and establishment of trees and other +vegetation. +      (32)   LANDSCAPE BUFFER STRIP means a landscape area that serves a buffer +function. +      (33)   LARGE SHRUB means a shrub that normally reaches a height of six +feet or more upon maturity. +      (34)   LARGE TREE means a tree species that typically attains a height +and canopy width of at least 50 feet at maturity, or as classified by the +director. +      (35)   LEGACY TREE means a large or medium tree planted in a landscape +area in accordance with Section 51A-10.104 and Section 51A-10.135. +      (36)   LOT means: +         (A)   a "lot" as defined in Section +51A-2.102; and +         (B)   an "artificial lot" as defined in this section. +      (37)   LOT WITH RESIDENTIAL ADJACENCY means any of the following: +         (A)   A building site containing a multifamily use that is adjacent to +or directly across: +            (i)   a street 64 feet or less in width; or +            (ii)   an alley; +from private property in a single family, duplex, townhouse, CH, or RTN +district or a residential planned development district. +         (B)   A building site containing a nonresidential use that is adjacent +to or directly across: +            (i)   a street 64 feet or less in width; or +            (ii)   an alley; +from private property in an agricultural, single family, duplex, townhouse, CH, +multifamily, manufactured housing, or RTN district, or a residential planned +development district. +         (C)   An artificial lot containing a multifamily use if the lot is +less than 200 feet from private property in a single family, duplex, townhouse, +CH, or RTN district, or a residential planned development district. +         (D)   An artificial lot containing a nonresidential use if the lot is +less than 200 feet from private property in an agricultural, single family, +duplex, townhouse, CH, multifamily, manufactured housing, or RTN district, or a +residential planned development district. +      (38)   MEDIUM TREE means a tree that typically attains a canopy height of +at least 30 feet and a width between 15 feet and 50 feet in width at maturity, +or as otherwise classified by the director. +      (39)   NONPERMEABLE COVERAGE means coverage with any pavement that is not +"permeable pavement" as defined in this section. +      (40)   NURSERY STOCK means a plant grown in or obtained from a nursery. +      (41)   ONE-PERCENT ANNUAL CHANCE FLOOD means the flood having a one +percent chance of being equalled or exceeded in any given year. This flood is +based upon the drainage area being fully developed to current zoning +limitations. +      (42)   OPEN SOIL AREA means an unpaved area of soil. +      (43)   PEDESTRIAN PATHWAY means an area intended for use by pedestrians +or non-motorized vehicles that is physically or visually distinguishable from +parking and driving surfaces by concrete curbs, wheel stops, or other permanent +barriers, landscape barriers, or a change in surface materials such as pavers, +patterned concrete, or flagstones. +      (44)   PERMEABLE PAVEMENT means director approved paving systems, pavers, +or other structural surfaces that allow stormwater infiltration. +      (45)   PREVIOUSLY DEVELOPED SITE means a building site that has been +substantially altered through paving, construction, or other activity that +requires or required permitting or licensing through a regulatory agency. +      (46)   PRIMARY NATURAL AREA means an ecologically sensitive area +including one-percent annual chance floodplain and riparian areas, wetlands or +50-foot wetland buffer, perennial and intermittent streams measured to 50 feet +above top of bank, and the escarpment zone. +      (47)   PRIVATE PROPERTY means any property not dedicated to public use, +except that "private property" does not include the following: +         (A)   A private street or alley. +         (B)   Property on which a utility and public service use listed in +Section +51A-4.212 is being conducted as a main use. +         (C)   A railroad right-of-way. +         (D)   A cemetery or mausoleum. +      (48)   PROTECTED TREE means: +         (A)   a tree of any species that has a minimum diameter of eight +inches that is not classified as unprotected in this article; +         (B)   any tree in a stand which projects a tree canopy over a building +site when identified within a forest stand delineation review; or +         (C)   a tree that was planted as a replacement tree. +      (49)   REMOVE OR SERIOUSLY INJURE means an intentional or negligent +action that will more likely than not cause a tree to decline and die within +five years of the act. Actions that constitute removing or seriously injuring a +tree include, but are not limited to: cutting down a tree; excessively pruning +or topping a tree; compacting the soil above the root system of a tree; +changing the natural grade above the root system of a tree; damaging the root +system or the trunk of a tree (such as by operating machinery near, or by +clearing or grading the area around, the trunk of a tree); failing to repair an +injury to a tree from fire or other causes, which results in or permits tree +infections or pest infestations into or on the tree; applying herbicidal or +other lethal chemicals; and placing nonpermeable pavement over the root system +of a tree. +      (50)   RESPONSIBLE PARTY means the property owner and any other person or +entity responsible for removing or seriously injuring a protected tree. +      (51)   REPLACEMENT TREE means a tree that is planted in accordance with +Section +51A-10.134. +      (52)   ROOT PATH means a path constructed using aeration or drainage +strips providing roots a route under pavement from a tree to an adjacent +landscape area. +      (53)   SCREENING means screening that complies with Section +51A-4.602, except as those regulations may be expressly modified in this +article. +      (54)   SECONDARY NATURAL AREA means undisturbed areas on a building site +other than primary natural areas. +      (55)   SIGNIFICANT TREE means a protected healthy tree whose age, size, +unique type, or natural or historical character are of special importance to +the city, and meets the following species and size requirements: +         (A)   Post oaks with a minimum diameter of 12 inches. +         (B)   Trees of the following species having a minimum 24-inch +diameter: American elm, bois d'arc, cedar elm, chittamwood, common persimmon, +eastern red cedar, green ash, all other oaks, pecan, all walnut species, and +white ash. +      (56)   SMALL TREE means a tree that typically attains a maximum height of +30 feet at maturity or is classified as a small tree by the director. +      (57)   SOIL means a medium that plants will grow in. +      (58)   STAND means a group of trees or other growth occupying a specific +area that is sufficiently similar in species composition, size, age, +arrangement, and condition, to be distinguishable from adjacent forest. +      (59)   SUSTAINABLE DEVELOPMENT INCENTIVE ("SDI") means a method of +compliance that applies sustainable development, tree preservation practices, +and tree mitigation reductions. +      (60)   TOPPING means the reduction of tree size using internodal cuts +without regard to tree health or structural integrity. +      (61)   TREE CANOPY COVER means the amount of ground area directly beneath +a tree's crown to the drip line or the combined crowns of a stand of trees, +measured in square feet. +      (62)   TREE REMOVAL PROPERTY means the lot, parcel, right-of-way, or +tract of land where a protected tree will be or has been removed or seriously +injured. +      (63)   TREE SURVEY means a report that meets all of the requirements for +a tree survey in Section 51A-10.132. +      (64)   UNPROTECTED TREE means the following: +         (A)   Arizona ash. +         (B)   Callery pear (all cultivars). +         (C)   Chinaberry. +         (D)   Chinese tallow. +         (E)   Ilex species (except for yaupon holly and Possumhaw holly). +         (F)   Palm (all plants in Palmae). +         (G)   Tree-of-heaven or Ailanthus. +         (H)   Other trees listed as invasive plants. +         (I)   Trees with a diameter of less than 10 inches at the point on the +trunk 4.5 feet above the ground, located on a lot with an existing single +family or duplex use that is occupied at the time of removal. +      (65)   UNRESTRICTED ZONE means the area on a lot where tree mitigation is +not required. +      (66)   URBAN STREETSCAPE means the pedestrian-oriented street environment +between the back of curb and building facade for frontages that have a required +front yard of 15 feet or less in depth. +      (67)   WATER COURSE means a natural or constructed channel for the flow +of water. (Ord. Nos. 19455; 20496; 22053; 25155; 30929; 31314; 32340) +SEC. 51A-10.102.   PURPOSE. +   The process of urban growth and development with its alteration of the +natural topography, vegetation, and creation of impervious cover can have a +negative effect on the ecological balance of an area by causing increases in +air temperatures and accelerating the processes of runoff, erosion, and +sedimentation. The economic base of the city can and should be protected +through the conservation and enhancement of the unique natural beauty, +environment, and vegetative space in this area. Recognizing that the general +objectives of this article are to promote and protect the health, safety, and +welfare of the public, the city council further declares that this article is +adopted for the following specific purposes: +      (1)   To aid in stabilizing the environment's ecological balance by +contributing to the processes of air purification, oxygen regeneration, ground- +water recharge, and storm water runoff retardation and filtration, while at the +same time aiding in noise, glare, wind, and heat abatement. +      (2)   To provide visual buffering between land uses of differing +character to alleviate the harshness of urban life. +      (3)   To enhance the beautification of the city. +      (4)   To safeguard and enhance property values and to protect public and +private investment. +      (5)   To conserve energy. +      (6)   To provide habitat for wildlife. +      (7)   To encourage the preservation of large trees which, once removed, +can be replaced only after generations. +      (8)   To conserve water. +      (9)   To recognize and conserve the urban forest as part of the city's +green infrastructure. (Ord. Nos. 19455; 22053; 30929) +SEC. 51A-10.103.   ACCEPTABLE PLANT MATERIALS. +   (a)   Artificial plant materials, including synthetic turf, may not be used +to satisfy the requirements of this article. +   (b)   In satisfying the requirements of this article, the use of high- +quality, hardy, and drought-tolerant plant materials is recommended and +encouraged. +   (c)   For a lot or tract of land two acres in size or greater, no one +species of tree may constitute more than 35 percent of the replacement trees +planted on the lot or tract of land. +   (d)   Palm trees may not be used to satisfy the requirements of this +article. +   (e)   Invasive plants are prohibited in required landscapes. +   (f)   The director shall maintain a list of acceptable plant materials for +required landscapes. +   (g)   All nursery stock and transplanted ash tree species are prohibited in +required landscaping or on city property. (Ord. Nos. 22053; 25155; 30929; +32340) +SEC. 51A-10.104.   SOIL AND PLANTING AREA REQUIREMENTS. +   (a)   In general. Planting areas dedicated to the growth of roots may +include open soil areas, covered soil areas, root paths, and drainage. +   (b)    Soil areas. Except as provided in this section, required landscape +areas must include the following: +      (1)   Soil resource plan. A soil resource plan is required with the +submission of a landscape plan or tree protection plan. A soil resource plan is +used to distinguish landscaping zones from construction zones on the building +site and to determine soil protection or soil modification for vegetation, if +applicable. Zones that are required to be shown include: +         (A)   protected zones where existing soil and vegetation will not be +disturbed; +         (B)   zones for soil amendment or treatment with minimal disturbance; +         (C)   zones where construction traffic and staging will be allowed; +and +         (D)   zones for stockpiling topsoil and imported soil amendments. +      (2)   Soil resource assessment. A soil resource assessment is only +required in conjunction with sustainable development incentive requirements and +installation of legacy trees. +         (A)   A soil resource assessment must be provided before submittal of +a building permit. +         (B)   A soil resource assessment may be included in other engineering +site assessments for the property. +         (C)   A soil resource assessment must include information on all +proposed landscape planting areas that delineates, quantifies, and +characterizes the topsoils and subsoils of a site before these materials are +excavated for reuse on site. +         (D)   The ranges for physical, chemical, and biological indicators of +soil quality for urban trees is determined from the ISA Best Management +Practices for Soil Management for Urban Trees, or in another publication +approved by the building official. +      (3)   Additional minimum soil quality requirements. Soils used in +landscape areas for tree planting must be shown on a landscape plan or a tree +protection plan in protected zones where existing soil and vegetation is not +disturbed, or in zones modified to correct limiting factors for tree +establishment and longevity. +   (c)   Planting area requirements. Except as provided in this section, +planting areas must meet the following requirements: +      (1)   For each small tree installation, a minimum of 24 inches of soil +depth and 25 square feet of open soil area (total of 50 cubic feet) must be +provided. +      (2)   For each large or medium tree installation, a minimum of 36 inches +of soil depth and 160 square feet of open soil area (total of 480 cubic feet) +must be provided. +      (3)   Except as provided in this section, trees may share open soil +areas. +      (4)   Except as provided in this section, large trees and medium trees +must be planted a minimum of four feet from pavement. +      (5)   The planting areas must have native soils, prepared soils, or +structural soils, and may include permeable pavement, sidewalk support, and +soil cells. +      (6)   Required areas for plant materials must be protected from vehicular +traffic through the use of concrete curbs, wheel stops, or other permanent +barriers. +      (7)   Planters may be used to satisfy the requirements of this article +provided that the soil requirements in Section 51A-10.104(b) are met. +   (d)   Legacy tree soil and planting area requirements. +      (1)   Except as provided in this paragraph, large legacy trees must be +planted in a minimum 500 square foot open soil area with a minimum average soil +depth of 36 inches (1500 cubic feet) per tree. For locations with shallow soils +of less than 36 inches in average depth, the open soil area must be a minimum +750 square feet. +      (2)   Except as provided in this paragraph, medium legacy trees must be +planted in a minimum 400 square foot open soil area with a minimum average soil +depth of 36 inches (1200 cubic feet) per tree. For locations with shallow soils +of less than 36 inches in average depth, the open soil area must be a minimum +750 square feet. +      (3)   Legacy trees must be a minimum of 30 feet measured horizontally +from the closest point of a building or other structure on the property or an +adjacent property at the time of installation. +      (4)   Legacy trees may not share required minimum open soil areas with +large or medium trees. +   (e)   Alternative planting area requirements. +      (1)   Planting areas in an urban streetscape or located above underground +buildings or structures must have the following open soil area depths and +dimensions: +         (A)   For each small tree installation, a minimum of 30 inches of soil +depth and 25 square feet of open soil area (total of 62.5 cubic feet). +         (B)   For each large or medium tree installation, a minimum of 36 +inches of soil depth and 25 square feet of open soil area and a combination of +open soil area, covered soil area, and root paths for a minimum of 240 cubic +feet of soil volume. Large or medium trees planted in less than 480 cubic feet +of soil volume do not count as replacement trees for purposes of Division 51A- +10.1300. +      (2)   Trees may share open soil areas. +   (f)   Waiver. The building official may waive the minimum open soil and +planting area requirements if a landscape architect certifies that: +      (1)   the proposed alternative soil depths and dimensions are sufficient +to support the healthy and vigorous growth of the plant materials affected; +      (2)   the depth to impermeable subsurface prohibits minimum soil depth +requirements; or +      (3)   that the proposed structural soils or suspended paving system are +sufficient to support the healthy and vigorous growth of the plant materials. +   (g)   Adequate space. All required trees must be planted in adequate space +to allow unobstructed growth to maturity. +   (h)   Tree locations. +      (1)   In general. All required trees must be located a minimum distance +of: +         (A)   two feet from side yard and rear yard property boundaries; +         (B)   20 feet from traffic signs and light poles; +         (C)   two-and-one-half feet from pavement; and +         (D)   five feet from electrical transmission boxes, fire hydrants, in- +ground or above-ground utility access, underground local utility lines, and +water meters. +      (2)   Small trees. Small trees must be located a minimum distance of: +         (A)   five feet from buildings; and +         (B)   10 feet from all other trees. +      (3)   Medium trees. Medium trees must be located a minimum distance of: +         (A)   12 feet from buildings; +         (B)   10 feet from small trees; +         (C)   20 feet from other medium trees; +         (D)   20 feet from large trees; and +         (E)   15 feet from the closest point of an overhead electric line. +      (4)   Large trees. Large trees must be located a minimum distance of: +         (A)   15 feet from buildings; +         (B)   10 feet from small trees; +         (C)   20 feet from medium trees; +         (D)   25 feet from other large trees; and +         (E)   20 feet from the closest point of an overhead electric line. +      (5)   Legacy trees. Legacy trees must be located a minimum distance of 30 +feet from the closest point of an overhead electric line. +      (6)   Measurement. For purposes of this subsection, all distances are +measured horizontally from the center of the tree trunk. (Ord. Nos. 22053; +25155; 30929) +SEC. 51A-10.105.   MEASUREMENTS. +   (a)   Caliper. For nursery stock trees: +      (1)   caliper is measured at six inches above soil level; which should be +at or near the top of the root flare, and six inches above the root flare for +bare root plants, up to and including the four-inch caliper size interval +(i.e., from four inches up to, but not including, four and one-half inches); +      (2)   if the caliper measured at six inches is four and one-half inches +or more, the caliper must be measured at 12 inches above the ground level, soil +line, or root flare, as appropriate; and +      (3)   if a tree has multiple stems, caliper is one-half of the combined +caliper of the three largest trunks. +   (b)   Diameter. +      (1)   Diameter at breast height. Diameter at breast height [“DBH”] is the +measurement of a tree trunk at a height of four and one-half feet above the +ground, on the uphill side of the tree, or as recommended in the Landscape and +Tree Manual for special situations for tree fork, leaning trees, or on slopes. +      (2)   Multiple stems. For trees with multiple stems, the diameter of the +trunk is measured at the narrowest point below branching when branching occurs +below DBH, or near DBH. +      (3)   Branching. When branching occurs at or lower than 12 inches above +the ground, diameter of the trunk includes the diameter of the largest stem +plus the average diameter of the remaining stems, measured at DBH. (Ord. Nos. +22053; 25155; 30929) +SEC. 51A-10.106.   IRRIGATION REQUIREMENTS. +   (a)   In general. +      (1)   Except as provided in this section, automatic irrigation systems +must be installed in conjunction with new required landscaping for commercial +and multifamily uses with combined landscape areas of 500 square feet or more +per building site. +      (2)   The automatic irrigation system must be: +         (A)   shown on a landscape plan or irrigation plan; and +         (B)   adequate to maintain the plant materials in a healthy, growing +condition at all times. +   (b)   Renovations and additions that require landscaping. For building sites +or artificial lots with an area of two acres or less, all required plant +materials must be located a maximum of 100 feet from an irrigation source with +a permanently installed threaded hose connection. Proposed watering methods +(irrigation or otherwise) must be: +      (1)   shown on the landscape plan, if any; and +      (2)   capable of maintaining the plant materials in a healthy, growing +condition at all times. +   (c)   Alternate irrigation. The building official may authorize an alternate +method of irrigation for required landscape areas if the alternate irrigation +method is: +      (1)   certified by a landscape architect or licensed irrigator; +      (2)   shown on a stamped landscape plan or irrigation plan; and +      (3)   capable of maintaining the plant materials in a healthy, growing +condition at all times. (Ord. Nos. 22053; 25155; 30929) +SEC. 51A-10.107.   RESERVED. +(Ord. 30929) +SEC. 51A-10.108.   GENERAL MAINTENANCE. +   (a)   Required plant materials must be maintained in a healthy, growing +condition at all times. The property owner is responsible for regular weeding, +mowing of grass, irrigating, fertilizing, pruning, and other maintenance of all +plantings as needed. Any required plant that dies or is removed must be +replaced with another living plant that complies with this article and the +approved landscape plan, if any, within 90 days after notification by the city. +   (b)   Any damage to utility lines resulting from the negligence of the +property owner or his agents or employees in the installation and maintenance +of required plant materials in a utility easement is the responsibility of the +property owner. If a public utility disturbs a landscaped area in a utility +easement, it shall make every reasonable effort to preserve the plant materials +and return them to their prior locations after the utility work. If, +nonetheless, some plant materials die, it is the obligation of the property +owner to replace the plant materials. (Ord. Nos. 22053; 30929) +SEC. 51A-10.109.   LANDSCAPE AND TREE MANUAL. +   A landscape and tree manual is provided by the director as a technical guide +for conserving, protecting, maintaining, and establishing the green +infrastructure, landscape, and urban forest of the city in conjunction with +this article. The director shall maintain the landscape and tree manual. (Ord. +Nos. 22053; 22581; 25047; 25155; 30929) +SEC. 51A-10.110.   SPECIAL EXCEPTIONS. +   (a)   In general and landscaping. +      (1)   The board may grant a special exception to the requirements of +Division +51A-10.100 and Division +51A-10.120, other than fee and notice requirements, upon making a special +finding from the evidence presented that: +         (A)   strict compliance with the requirements of Division +51A-10.100 or Division +51A-10.120 will unreasonably burden the use of the property; +         (B)   the special exception will not adversely affect neighboring +property; and +         (C)   the requirements are not imposed by a site-specific landscape +plan approved by the city plan commission or city council. +      (2)   In determining whether to grant a special exception under Paragraph +(1), the board shall consider the following factors: +         (A)   The extent to which there is residential adjacency. +         (B)   The topography of the site. +         (C)   The extent to which landscaping exists for which no credit is +given under this article. +         (D)   The extent to which other existing or proposed amenities will +compensate for the reduction of landscaping. +   (b)   In general and urban forest conservation. +      (1)   The board may grant a special exception to the requirements of +Division +51A-10.130, other than fee and notice requirements, upon making a special +finding from the evidence presented that: +         (A)   strict compliance with the requirements of Division +51A-10.130 will unreasonably burden the use of the property; +         (B)   the special exception will not adversely affect neighboring +property; and +   ��     (C)   the requirements are not imposed by a site-specific landscape +plan or tree mitigation plan approved by the city plan commission or city +council. +      (2)   In determining whether to grant a special exception under Paragraph +(1), the board shall consider the following factors: +         (A)   The extent to which there is residential adjacency. +         (B)   The topography of the site. +         (C)   The extent to which landscaping exists for which no credit is +given under this article. +         (D)   The ability to plant replacement trees safely on the property. +         (E)   The extent to which alternative methods of replacement will +compensate for a reduction of tree mitigation or extended time for tree +replacement. (Ord. Nos. 22053; 25155; 30929) +Division 51A-10.120. Landscaping. +SEC. 51A-10.121.   APPLICATION OF DIVISION. +   (a)   Except as provided in this article, this division does not apply to +the following: +      (1)   Property governed by a landscape plan approved by the city council, +the city plan commission, or the board of adjustment. +      (2)   Property lots in the following districts: +         (A)   The Dallas Arts District (Planned Development District Nos. 145 +and 145-H/18). +         (B)   The Deep Ellum/Near East Side District (Planned Development +District No. 269). +         (C)   The Oak Lawn Special Purpose District (Planned Development +District No. 193). +         (D)   Central area districts. +      (3)   Restoration of a building that has been damaged or destroyed by +fire, explosion, flood, tornado, riot, act of the public enemy, or accident of +any kind. For purposes of this section, "restoration" means the act of putting +back into a former or original state. +      (4)   Property located within or in close proximity to an airport +boundary if the city's director of aviation determines that the required +landscape materials will threaten public health or safety. +   (b)   Only Section +51A-10.125(a) of this division applies to lots containing single family or +duplex uses. +   (c)   This division only becomes applicable to a lot or tract when the +nonpermeable coverage on the lot or tract is increased by more than 2,000 +square feet within a 24-month period, not including portions of pedestrian +pathways, that are between three feet in width and 15 feet in width, or when an +application is made for a building permit for construction work that: +      (1)   increases the number of stories and increases the height of a +building on the lot; or +      (2)   increases by more than 35 percent or 10,000 square feet, whichever +is less, the combined floor areas of all buildings on the lot within a 24-month +period. The increase in combined floor area is determined by adding the floor +area of all buildings on the lot within the 24 months prior to application for +a building permit, deducting any floor area that has been demolished in that +time or will be demolished as part of the building permit, and comparing this +figure with the total combined floor area after construction. +   (d)   When this division becomes applicable to an individual lot or tract, +its requirements are binding on all current and subsequent owners of the lot or +tract. +   (e)   The city council shall, as a minimum, impose landscaping requirements +that are reasonably consistent with the standards and purposes of this division +as a part of any ordinance establishing or amending a planned development +district, or granting or amending a specific use permit. (Note: This subsection +does not apply to ordinances that merely renew a specific use permit when no +substantive changes are made other than to extend the time limit of the +permit.) All landscaping requirements imposed by the city council must be +reflected in a landscape plan that complies in form and content with the +requirements of Section +51A-10.123 and complies with Division +51A-10.100. +(Ord. Nos. 19455; 19786; 20496; 22053; 25155; 30929) +SEC. 51A-10.122.   ARTIFICIAL LOT DELINEATION. +   (a)   In general. If the building site is over two acres in size, the +applicant may request that the building official create an artificial lot to +satisfy the requirements of this division. The building official shall not +create an artificial lot which would, in his or her opinion, violate the spirit +of the landscape regulations. Any artificial lot created by the building +official must: +      (1)   wholly include the area on which the construction work is to be +done; +      (2)   have an area that does not exceed 50 percent of the area of the +developed or undeveloped building site; +      (3)   include all new exterior paving additions except portions of +pedestrian pathways, that are between three feet in width and 15 feet in width; +      (4)   include the street buffer zone for new construction or additions +that are located wholly, or in part, within 60 feet of the nearest street +frontage; and +      (5)   include the residential buffer zone for new construction or +additions that are located wholly, or in part, within 60 feet of the nearest +residential adjacency. +   (b)   In city parks over five acres. In city parks over five acres in size, +the director of park and recreation may create an artificial lot to satisfy the +requirements of this division. +      (1)   Except as provided in this subsection, any artificial lot created +by the director of park and recreation must wholly include the area on which +the construction work is to be done. +      (2)   Portions of pedestrian pathways that are between three feet and 15 +feet in width are excepted from this requirement. +   (c)   Platting not required. An artificial lot need not be platted; however, +it must be delineated on plans approved by the building official prior to the +issuance of a building permit. (Ord. Nos. 19455; 20496; 22053; 30929) +SEC. 51A-10.123.   LANDSCAPE PLAN SUBMISSION. +   (a)   If this division applies to a lot pursuant to Section +51A-10.121, a landscape plan must be submitted to the building official with +the application for a building permit for work on the lot. For landscape plans +that are not submitted electronically, a landscape plan submission must consist +of two blueline or blackline prints. The plan must have a scale of one inch +equals 50 feet or larger (e.g. one inch equals 40 feet, one inch equals 30 +feet, etc.) and be on a standard drawing sheet of a size not to exceed 36 +inches by 48 inches. A plan which cannot be drawn in its entirety on a 36 inch +by 48 inch sheet must be drawn with appropriate match lines on two or more +sheets. +   (b)   Except as provided in this article, any person may prepare the +landscape plan required under this division. +   (c)   A landscape plan required under this division must contain the +following information: +      (1)   Date, scale, north point, and the names, addresses, and telephone +numbers of each property owner and the person preparing the plan. +      (2)   Location of existing boundary lines and dimensions of the lot, the +zoning classification of the lot, and the zoning classification of adjacent +properties. A vicinity map should also be attached to or made a part of the +plan. +      (3)   Approximate centerlines of existing water courses and the location +of the flood plain, the escarpment zone, and geologically similar areas, as +those terms are defined in Article V, if applicable; the approximate location +of significant drainage features; and the location and size of existing and +proposed streets and alleys, utility easements, driveways, and sidewalks on or +adjacent to the lot. +      (4)   Location of centerlines of overhead and underground utility lines +within and adjacent to the building site, and the location of all utilities, +utility easements, including the location of utility poles, generators, and +equipment, and any items listed in Section +51A-10.104(h). +      (5)   Project name, street address, and lot and block description. +      (6)   Location, height, and material of proposed screening and fencing +(with berms to be delineated by one-foot contours). +      (7)   Locations and dimensions of required landscape areas. +      (8)   Complete description of plant materials shown on the plan, +including names (common and scientific name), locations, quantities, container +or caliper sizes at installation, heights, spread, and spacing. The location +and type of all existing trees on the lot over six inches in diameter must be +specifically indicated to be counted as required landscape trees. +      (9)   Complete description of landscaping and screening to be provided in +or near off-street parking and loading areas, including information as to the +amount (in square feet) of landscape area to be provided internal to parking +areas and the number and location of required off-street parking and loading +spaces. +      (10)   An indication of which protected trees will be removed during +construction and how existing healthy trees proposed to be retained will be +protected from damage during construction. +      (11)   Size, height, location, and material of proposed seating, +lighting, planters, sculptures, and water features. +      (12)   A description of proposed watering methods or an irrigation plan. +      (13)   Location of visibility triangles on the premises (if applicable). +      (14)   Existing and proposed locations of trees transplanted on-site. +(Ord. Nos. 19455; 10496; 22053; 30929) +SEC. 51A-10.124.   LANDSCAPE PLAN REVIEW. +   (a)   In general. The building official shall review each landscape plan +submitted to determine whether it complies with the requirements of this +division. All landscape plans must comply with the mandatory provisions in +Section +51A-10.125. In addition, all landscape plans must meet the minimum number of +landscape design option points described in Section +51A-10.126. Except as provided in this article, the same landscape features and +elements may be strategically placed so as to comply with more than one +provision. (For example, the same trees may be located so as to qualify as +required street buffer zone trees and required parking lot trees.) +   (b)   Landscape plan revisions. If requested by the applicant, the building +official may approve revisions to staff-approved landscape plans and related +permits if the revisions further the spirit and intent of this article. +Revisions of elements required by this article are limited to: +      (1)   Substitution of more appropriate plant species. +      (2)   Revisions required by utility conflicts. +      (3)   Locations of plant materials up to a maximum of 10 feet. (Ord. Nos. +19455; 20496; 22053; 30929) +SEC. 51A-10.125.   MANDATORY LANDSCAPING REQUIREMENTS. +   (a)   Single family and duplex uses. +      (1)   General. Except as provided in Section +51A-10.127, a lot containing a single family or duplex use established after +May 29, 1994, must comply with this subsection before the final inspection of +any building on the lot. The minimum number of trees required on a lot is +determined by the lot size. The trees may be located in the public right-of-way +if all private licensing requirements of the city code and charter are met. +         (A)   Lots 7,500 square feet or greater in area. A minimum of three +large or medium nursery stock trees per lot with a minimum of two nursery stock +trees in the front yard. +         (B)   Lots between 4,000 square feet and 7,499 square feet in area. A +minimum of two large or medium nursery stock trees per lot with a minimum of +one nursery stock tree located in the front yard. +         (C)   Lots 4,000 square feet or less in area. A minimum of one large +or medium nursery stock tree per lot. +         (D)   Additional requirements: +            (i)   Nursery stock trees must be a species listed in the approved +tree list maintained by the director. +            (ii)   Trees must have a minimum caliper of two inches. +            (iii)   Trees must be planted a minimum of 20 feet on center from +the nearest point of an overhead electric line. +            (iv)   An existing, healthy, and protected tree on the lot or +parkway may count as a required tree if it is not a boundary tree abutting +adjacent private property. +      (2)   Shared access development. +         (A)   Shared access developments must comply with the following +requirements: +            (i)   A landscape plan meeting the requirements of Section +51A-10.104 and Section +51A-10.123 must be approved before a building permit for grading is issued or a +private development contract pursuant to Section +51A-8.612 is approved, in conjunction with construction. +            (ii)   The minimum required landscape area for a shared access +development is determined by the number of individual lots. Landscape areas in +individual lots may be included in the total landscape area measurement for +developments with a maximum of 36 individual lots. Permeable pavement does not +count as landscape area. +               (aa)    Shared access developments with a maximum of 10 +individual lots must provide a minimum landscape area equal to 10 percent of +the total shared access development area. +               (bb)    Shared access developments with a minimum of 11 and a +maximum 36 individual lots must provide a minimum landscape area equal to 15 +percent of the total shared access development area. +            (iii)   One site tree must be provided for every 4,000 square feet +within the shared access development. The trunk of any site tree must be +located at least two-and-one-half feet from any pavement. Site trees must be +species listed in the approved tree list. Large or medium nursery stock trees +may not be planted within 20 feet on center of the nearest point of an overhead +electric line. +            (iv)   One plant group must be provided for every 40 feet of street +frontage. Plant groups may be located within the front yard or parkway if all +private licensing requirements of the city code and charter are met. In this +subparagraph, parkway means the portion of a street right-of-way between the +projected street curb and the front lot line or corner side lot line. If the +director determines that a large or medium tree would interfere with utility +lines, one substitute small tree from a species listed in the approved tree +list may be provided. +         (B)   Plant groups for shared access developments must include the +following: +            (i)   one large tree and two small trees; +            (ii)   one large tree and three large evergreen shrubs; or +            (iii)   one large tree, two small trees, and one large evergreen +shrub. +   (b)   Other uses. Lots containing a use other than single family or duplex +must comply with the following requirements: +      (1)   Street buffer zone. Except as provided in this subsection, the +landscape area provided along the entire length of the lot adjacent to a public +right-of-way, excluding paved surfaces at points of vehicular ingress and +egress, must meet the following minimum requirements: +  +Right-of-way Average Depth Minimum Depth Maximum Depth +Freeways 15 feet 5 feet 50 feet +Arterials and community collectors 10 feet 5 feet 30 feet +Local and residential collectors 7.5 feet 5 feet 25 feet +  +         (A)   Urban streetscape. The building official may approve a landscape +plan for an urban streetscape that meets the following requirements: +            (i)   A minimum six foot wide planting area is required that meets +the minimum soil area and volume requirements in Section +51A-10.104. +            (ii)   The planting area may be designed with open soil areas or +covered soil areas. +            (iii)   The planting area is measured from the property line unless +the building official determines that the planting area may be measured from +the back of curb if necessary due to physical restraints of the property, +including conflicts with local utilities. +            (iv)   A minimum of one design option must be provided in the front +yard or right-of-way area. +         (B)   Right-of-way. The right-of-way adjacent to the property line may +be used to satisfy the required street buffer zone subject to: +            (i)   a minimum depth of five foot maintained along the property as +a street buffer zone; +            (ii)   local utility location; +            (iii)   appropriate planting conditions; and +            (iv)   city licensing and permit requirements. +         (C)   Required planting. +            (i)   Except as provided in this subparagraph, one large or medium +street buffer tree must be provided for every 40 linear feet of frontage. +            (ii)   For frontages less than 20 linear feet, a large or medium +street buffer tree is not required. +            (iii)   Large or medium trees must have a minimum caliper of three +inches. +            (iv)   When existing conditions prohibit planting large trees or +medium trees, the building official may approve two small trees be substituted +for each large tree or medium tree. +         (D)   Buffer zone reduction. Properties less than 10,000 square feet +may reduce the street buffer zone to the greater of: +            (i)   a minimum depth of five feet; or +            (ii)   an area no less than five percent of the total lot area. +      (2)   Residential buffer zone. +         (A)   A landscape area must be provided along that portion of the +perimeter of a lot where residential adjacency exists. The residential buffer +zone must have an average depth of 10 feet, a minimum depth of five feet, and a +maximum depth of 30 feet. No portion of the residential buffer zone may exceed +10 percent of the lot depth excluding paved surfaces at points of vehicular and +pedestrian ingress or egress. +         (B)   The residential buffer zone must include a minimum of one plant +group every 40 feet. Plant groups must include: +            (i)   Where screening is required, one minimum three-inch caliper +large or medium tree. +            (ii)   Where screening is not required: +               (aa)   one large or medium tree and three small trees; +               (bb)   one large or medium tree and three large evergreen +shrubs; +               (cc)   one large or medium tree, two small trees, and one large +evergreen shrub; or +               (dd)   one large or medium tree, one small tree, and two large +evergreen shrubs. +         (C)   If the building official determines that the location of a local +utility prohibits planting large trees or medium trees, two small trees may be +planted for each large tree or medium tree. +         (D)   Large or medium trees must have a minimum caliper of two inches. +      (3)   Interior zone.    +         (A)   Surface parking lots in industrial districts. The requirements +in Section +51A-10.125 (b)(3)(B)(iv) for surface parking lots with 100 spaces or more, do +not apply to industrial and warehouse uses in IM or IR districts that provide a +minimum of one tree meeting the requirements for trees in the street buffer +zone for each 25 feet of frontage. +         (B)   Surface parking lots. +            (i)   Required large and medium trees. +               (aa)    Minimum caliper is three inches. +               (bb)     Planting must be within a landscape area. +               (cc)   The center of the trunk at grade must be planted a +minimum of four feet from pavement. +            (ii)   Minimum landscape area. Individual landscape areas must be a +minimum of 160 square feet, with a minimum width of eight feet. +            (iii)   Parking lots with 21 to 100 spaces. No parking space may be +located more than 70 feet from the trunk of a large tree or medium tree. +            (iv)   Parking lots with 101 spaces or more. Except as provided in +Paragraph (A): +               (aa)   No parking space may be located more than 70 feet from +the trunk of a large or medium tree. +               (bb)    Except as provided in this item, a landscape area must +be located at each end of a single row of parking spaces and contain a minimum +of one large or medium tree. +                  (I)    The building official may waive this requirement in +order to preserve existing trees and natural features or due to unique natural +site features. +                  (II)    Parking island landscape areas are not required +adjacent to handicapped parking spaces. +               (cc)    Except as provided in this romanette, maximum number of +parking spaces allowed between parking island landscape areas is 12. The +building official may waive this requirement in order to preserve existing +trees and natural features or due to the presence of unique natural site +features. +               (dd)   No maximum number of parking spaces when a parking row: +                  (I)    abuts a median landscape area running the length of +the parking row with a minimum of one tree per 40 linear feet; +                  (II)    abuts a residential buffer zone landscape area; or +                  (III )   abuts a street buffer zone landscape area. +      (4)   Additional provisions. +         (A)   Screening of off-street loading spaces. +            (i)   All off-street loading spaces on a lot with residential +adjacency must be screened from that residential adjacency. +            (ii)   In all districts except CS and industrial districts, all +off-street loading spaces on a lot must be screened from all public streets +adjacent to that lot. +            (iii)   The screening required under Subparagraphs (A) and (B) must +be at least six feet in height measured from the horizontal plane passing +through the nearest point of the off-street loading space and may be provided +by using any of the methods for providing screening described in Section +51A-4.602(b)(3). +         (B)   Site trees. +            (i)   One tree having a caliper of at least two inches must be +provided for each 4,000 square feet of lot area, or fraction thereof, except +for industrial and warehouse uses in IM and IR districts, where one tree having +a caliper of at least two inches must be provided for each 6,000 square feet of +lot area, or fraction thereof. +            (ii)   Existing protected tree species that are determined by the +building official to be healthy may be used to satisfy the site tree +requirement, in accordance with the tree credit chart below: +CALIPER OF RETAINED TREE NUMBER OF SITE TREES CREDIT GIVEN FOR RETAINED TREE +CALIPER OF RETAINED TREE NUMBER OF SITE TREES CREDIT GIVEN FOR + RETAINED TREE +Less than 2 inches 0 +2 inches or more but less than 8 inches 1 +8 inches or more but less than 14 inches 2 +14 inches or more but less than 20 inches 4 +20 inches or more but less than 26 inches 8 +26 inches or more and less than 32 inches 10 +32 inches or more but less than 38 inches 18 +38 inches or more 20 +  +         (C)   Minimum sizes. Except as provided in Subsection (b) of this +section, plant materials used to satisfy the requirements of this division must +comply with the following minimum size requirements at the time of +installation: +            (i)   Large and medium trees must have a minimum caliper of two +inches, or a minimum height of six feet, depending on the standard measuring +technique for the species. +            (ii)   Small trees must have a minimum height of six feet. +            (iii)   Large evergreen shrubs must have a minimum height of two +feet. +For purposes of this paragraph, "height" is measured from the top of the root +ball or, if the plant is in a container, from the soil level in the container. +(Ord. Nos. 19455; 19786; 20496; 22053; 24731; 25155; 26333; 28424; 28803; +30239; 30654; 30929) +SEC. 51A-10.126.   LANDSCAPE DESIGN OPTIONS. +   (a)   Points required for a building site. The minimum number of landscape +design option points required for a building site are: +Lot Size Points Required +Lot Size Points Required +0 to 999 sf 0 +1,000 sf to 1,999 sf 1 +2,000 sf to 9,999 sf 2-9 +(One point for every 1000 sf) +10,000 sf to 19,999 sf 10 +20,000 sf to 39,999 sf 15 +40,000 sf to 2.99 acres 20 +3 acres to 9.99 acres 30 +10 acres to 19.99 acres 35 +20 acres to 49.99 acres 40 +50 acres and greater 50 +  +   (b)   Design options. Points are obtained by meeting design option +requirements in order to achieve the total number of points required for the +property. Design options and possible points are listed in this subsection. +Examples of the design options and their application are provided in the +Landscape and Tree Manual. +      (1)   Plant material bonus. Points may be provided for plant materials +added to the landscape design when the required amount of points for a standard +design option is deficient by five points or less. All added plant materials +must be provided in the front yard. The maximum number of points allowed per +building site for the plant material bonus is five. +         (A)   Large or medium tree caliper increase: One point per additional +caliper inch for each required tree (up to a maximum caliper of six inches.) +         (B)   Additional large shrub plant: 0.25 points. +         (C)   Additional small tree: 0.5 points. +         (D)   Additional large or medium tree: one point. +      (2)   Buffer zones enhancements. The maximum number of points allowed per +building site for buffer zone enhancements is 20. +         (A)   Large enhanced buffer zone. Each required buffer zone depth may +be increased by a minimum of five feet. This design option is not available if +the buffer zone is reduced to no more than five percent of the lot area. Five +points. +         (B)   Small enhanced buffer zone. A required buffer zone depth may be +increased by a minimum of two feet. This design option is not available if the +buffer zone is reduced to no more than five percent of the lot area. Two +points. +      (3)   Application of engineered solutions for soil volume. Points may be +obtained when using engineered solutions for soil volume when required trees +are planted in impervious environments and meet the minimum requirement for +soil volume for a maximum total of 10 points. A minimum of 75 percent of +required street buffer trees must meet the soil volume minimum for credits to +apply. +         (A)   Minimum required soil volume: five points. +         (B)   Increase in soil volume 10 percent above minimum requirement: +six points. +         (C)   Increase in soil volume 15 percent above minimum requirement: +seven points. +         (D)   Increase in soil volume 20 percent above minimum requirement: +eight points. +         (E)   Increase in soil volume 25 percent above minimum requirement: +nine points. +         (F)   Increase in soil volume 30 percent or greater above minimum +requirement: 10 points. +      (4)   Screening. An applicant may provide screening from all adjacent +public streets for all surface parking lots on a building site or artificial +lot that meets the following requirements. +         (A)   The screening may not be required screening. +         (B)   The screening must extend along the entire street frontage of +the parking lot, excluding: +            (i)   driveways and accessways at points of ingress and egress to +and from the lot; and +            (ii)   visibility triangles. +         (C)   Underground parking and enclosed garage parking structures are +not considered to be surface parking lots for purposes of this subsection. +         (D)   The screening may be designed with the following options for a +maximum total of 20 points: +            (i)   Option 1. Standard design is provided with screening +materials in accordance with Section +51A-4.602 and shrubs with a minimum height of two feet at time of installation +and a single row of material. Five points for complete frontage. +            (ii)   Option 2. Enhanced design is provided by a landscape +architect and must include a minimum of two plant species in order to provide +the full screening effect. 10 points for complete frontage. +            (iii)   Option 3. Grouped beds may be added to Option 1 or Option 2 +to complement the screening row with planting beds placed at intervals of a +minimum of one per 50 feet of frontage. Five points for complete frontage. +            (iv)   Option 4. A minimum three-foot-tall screening wall may be +provided along with the screening plant materials of Option 1 or Option 2. Five +points for complete frontage. +            (v)   Option 5. A minimum three-foot-tall berm with groundcover may +complement standard screening materials or be used to replace Option 1 or +Option 2. Five points for complete frontage. +      (5)   Building facade. Facade planting areas on a building site or +artificial lot adjacent to public streets or private driveways may be designed +with the following options for a maximum total of 15 points: +         (A)   Option 1. Design is provided along the foundation of the +structure. The planting area for the shrubs must be a minimum of three feet in +depth and extend along at least 50 percent of the portion of the foundation +that faces a street. The shrubs must be spaced no more than six feet apart +measured from trunk to trunk. Five points. +         (B)   Option 2. An enhanced design may be provided as designed by a +landscape architect. The design may vary from the standard foundation row to +create depth and layering of landscaping for visual enhancement contiguous to +and extending 15 feet or more from the building facade to complement and soften +the foundation of the building. The planting area must be a minimum of five +feet in depth. A minimum of two perennial plant species and water conservation +irrigation method are required. The landscape area must extend for a minimum of +50 percent of the street-facing facade or a combination of the street-facing +facade and the building facade facing a surface parking lot. 10 points. +         (C)   Option 3. An additional grouping of medium or small trees may be +added to Option 2 to provide an improved pedestrian environment a maximum of 25 +feet from the facade of the structure. A minimum of one tree per 50 feet of +front or side yard building facade is required. Five points. +         (D)   Option 4. One small tree or two large shrubs per 30 feet of +front facade located a maximum of 15 feet from the facade. Five points. +      (6)   Pedestrian uses. An applicant may provide private or publicly +accessible pedestrian amenities. These amenities must occupy a minimum of five +percent of the lot area. The amenities may be designed for the following +options for a maximum total of 25 points. +         (A)   Option 1. Urban streetscape. A minimum of two of the following +types of pedestrian amenities must be provided along street frontages. This +option may only be used in an urban streetscape within the street buffer zone. +10 points. +            (i)   Benches located at one per 60 feet of street frontage +(minimum of two). +            (ii)   Pedestrian street lamps (free-standing or wall mounted) at +one per 50 feet of street frontage. +            (iii)   Enhanced sidewalk with stamped concrete or brick pavers for +pedestrian uses for the full width of the sidewalk, along the entire frontage. +Pavement cannot be used to meet the enhanced pavement option in Paragraph (7). +            (iv)   Minimum unobstructed sidewalk width of eight feet. +            (v)   Water feature. +         (B)   Option 2. Special amenities. An applicant may provide private or +publicly accessible special amenities to the building site including plazas, +covered walkways, fountains, lakes and ponds, seating areas, and outdoor +recreation facilities. The credited facilities must occupy at least five +percent of the lot area provided in no more than two locations on the lot. The +special amenities area must be fully identified on a landscape plan. Private or +interior courtyards are excluded. Five points for private amenities and 10 +points for publicly accessible amenities. +         (C)   Option 3. Adjacency to habitat restoration areas. Amenities +built contiguous to habitat preservation and restoration areas will be credited +for their location in or around the habitat when constructed according to a +design supporting or enhancing habitat protection. 10 points for private +amenities and 15 points for publicly accessible amenities. +         (D)   Option 4. Athletic fields. Open spaces maintained for athletic +fields that are a minimum of five percent of the lot. 10 points. For athletic +fields on lots greater than 10 acres. 20 points. +      (7)   Pavements. An applicant may provide enhanced pavement. The same +pavement cannot satisfy multiple categories. (Note: All vehicular pavement must +comply with the construction and maintenance provisions for off-street parking +in this chapter.) Maximum total of 15 points. +         (A)   Option 1: Enhanced vehicular pavement. Pavement must be a +minimum of 25 percent of all outdoor vehicular pavement on the lot. +            (i)   Enhanced texture. Stamped concrete, sand-blasted, rock-salt +finished, pavers on concrete base, stone, etc.: Three points. +            (ii)   Enhanced color. Color is integrated into textured pavement: +Three points. +         (B)   Option 2: Permeable vehicular pavement. Pavement must be a +minimum of 25 percent of all outdoor vehicular pavement on the lot. Five +points. +         (C)   Option 3: Enhanced pedestrian walkways. Enhanced pedestrian +walkways must consist of enhanced pavement intended for pedestrian use and +occupy at least five percent of the lot. +            (i)   Enhanced texture. Stamped concrete, sand-blasted, rock-salt +finished, pavers on concrete base, stone, etc.: Three points. +            (ii)   Enhanced color. Color is integrated into textured pavement: +Three points. +      (8)   Conservation. The applicant may create a conservation area on the +property. The conservation area must occupy at least five percent of the lot +area. Maximum of 25 points. +         (A)   Option 1: Tree preservation in the development impact area. +Large or medium trees maintained in the development impact area may be used to +meet design option requirements and to meet the requirements for site tree +credit in Section +51A-10.125. The trees must be protected and maintained in areas required by +this article. Two points for each tree up to a maximum of 10 points. +Significant trees may attain five points. +         (B)   Option 2: Habitat preservation. The applicant must preserve +existing healthy native and mixed species grassland or woodland areas. Five +points. +         (C)   Option 3: Habitat preservation and restoration using an active +management plan. The applicant may create or restore natural habitat conditions +if designed and implemented by a qualified professional. Site maintenance must +be continual for the purpose of sustaining the vegetated area. The option may +be combined with low impact development design for the drainage functions of +the property. 10 points. +         (D)   Option 4: Habitat preservation and restoration - adjacent to +primary natural areas. The applicant may preserve and restore land areas +adjacent to wetlands, creeks, floodplain, and slopes which help protect creeks, +habitat, slopes, and woodland in primary natural areas from the site +construction. This option may be combined with pedestrian amenities. The area +must be at least five percent of building site area. 15 points. +      (9)   Low impact development (LID). The applicant may improve the +property with low impact development design to manage stormwater flow and +provide surface heat abatement. The improvements may be combined for a maximum +of 20 points. +         (A)   Rain garden. Maximum six points. +            (i)   1 to 5,000 square feet: three points; and +            (ii)   each additional 1,000 square feet: one point. +         (B)   Bioswale. Maximum 10 points per bioswale. +            (i)   50 to 100 feet long: three points; and +            (ii)   each additional 50 feet: one point. +         (C)   Water-wise plant materials and planting beds. The applicant may +provide landscaping that uses water conservation techniques including water- +wise plants, mulch, and efficient irrigation. Maximum 10 points. +            (i)   In a minimum of 50 percent of landscape areas: three points. +            (ii)   In a minimum of 80 percent of landscape areas: five points. +            (iii)   Low-water consumption grasses for 80 percent of turf +surfaces: three points. +            (iv)   Low-water consumption grasses for all turf surfaces: five +points. +      (10)   Parking lots. The applicant may improve the surface parking and +vehicle outside display and storage areas in an interior zone on the property +to provide wider landscape areas and an improved shade tree environment. The +improvements may be combined for a maximum of 30 points for development impact +areas 10 acres or larger and 20 points for development impact areas less than +10 acres. +         (A)   Option 1: Pedestrian pathways. Provide a protected pedestrian +pathway, between three feet and 15 feet in width, through a parking lot to a +building from a public or private street in an expanded landscape area median +with trees and a walkway. A minimum of one large or medium tree is required for +each 40 linear feet of pedestrian pathway or landscape area median. Five +points. +         (B)   Option 2: Reduce distance between parking lot landscape islands. +Provide no more than 10 parking spaces between landscape areas. Five points. +         (C)   Option 3: Increase size of parking lot landscape islands. +Increase the landscape area to a minimum of 200 square feet for each large or +medium tree. +            (i)   Increase landscape area of 50 percent of the required parking +lot landscape islands. Five points. +            (ii)   Increase landscape area of 75 percent of the required +parking lot landscape islands. 10 points. +         (D)   Option 4: Increase landscape area of parking lot landscape +islands. Increase the landscape area a minimum of 300 square feet for each +large or medium tree. +            (i)   Increase landscape area of 50 percent of the required parking +lot landscape islands. Seven points. +            (ii)   Increase landscape area of 75 percent of the required +parking lot landscape islands. 12 points. +         (E)   Option 5: Additional parking lot landscape islands. Each +additional parking lot landscape island provided - Three points. +         (F)   Option 6: Landscape medians. Provide a minimum 10-foot-wide +landscape median with large or medium trees extending the length of a minimum +12-space parking row. Five points for each full median for a maximum of 20 +points on the Property. +         (G)   Option 7: Landscape medians. Provide a 12-foot-wide landscape +median with large or medium trees extending the length of a minimum 12-space +parking row. Seven points for each full median for a maximum of 28 points on +the Property. +         (H)   Option 8: Landscape medians. Provide a 16-foot-wide landscape +median with large or medium trees extending the length of a minimum 12-space +parking row. 10 points for each full median for a maximum of 30 points on the +Property. +         (I)   Option 9: Large legacy tree. Provide a large legacy tree in a +minimum 500 square foot dedicated open soil area. Two points per tree for a +maximum of 20 points. +         (J)   Option 10: Pocket park. Provide a minimum of 2,500 square feet +of contiguous open soil landscape area. 20 points. +      (11)   General. The applicant may provide documentation and demonstrate +ability to achieve certain conditions. +         (A)   Option 1. Provide Sustainable SITES Initiative documentation and +demonstrate ability to attain SITES certified level or greater. 10 points. +         (B)   Option 2. Provide and implement a landscape maintenance plan for +a minimum three year period. Three points. (Ord. Nos. 19455; 20496; 22053; +30929) +SEC. 51A-10.127.   WHEN LANDSCAPING MUST BE COMPLETED. +   (a)   Except as otherwise provided in Subsection (b), all landscaping must +be completed before the final inspection of any building on the lot. If there +is an approved landscape plan for the lot, the landscaping must comply with +that plan before the final inspection. +   (b)   If the property owner provides the building official with documented +assurance that the landscaping will be completed within six months, the +building official may permit the property owner to complete his landscaping +during the six-month period. For purposes of this subsection, "documented +assurance" means: +      (1)   a copy of a valid contract to install the landscaping in accordance +with the landscape plan within the six-month period; or +      (2)   a set of deed restrictions containing a covenant to install the +landscaping in accordance with the landscape plan within the six-month period. +The deed restrictions must: +         (A)   expressly provide that they may be enforced by the city of +Dallas; +         (B)   be approved as to form by the city attorney; and +         (C)   be filed in the deed records of the county in which the land is +located. +   (c)   If, at the end of the six-month period, the landscaping has not been +installed in accordance with the landscape plan, the owner of the property is +liable to the city for a civil penalty in the amount of $200 a day for each +calendar day thereafter until the landscaping is properly installed. The +building official shall give written notice to the property owner of the amount +owed to the city in civil penalties, and shall notify the city attorney of any +unpaid civil penalty. The city attorney shall collect unpaid civil penalties in +a suit on the city's behalf. +   (d)   The civil penalty provided for in Subsection (c) is in addition to any +other enforcement remedies the city may have under city ordinances and state +law. (Ord. Nos. 19455; 20496; 22053; 30929) +SEC. 51A-10.128.   ENFORCEMENT BY BUILDING OFFICIAL. +   Whenever any work is being done contrary to the provisions of this division, +the building official may order the work stopped by notice in writing served on +any person engaged in the work or causing the work to be done. A person issued +this notice shall stop work immediately until authorized by the building +official to proceed with the work. (Ord. Nos. 25155; 30929) +Division 51A-10.130. Urban Forest Conservation. +SEC. 51A-10.131.   APPLICATION OF DIVISION. +   (a)   This division applies to all property in the city except for: +      (1)   except as provided in this section, lots smaller than two acres in +size that contain single-family or duplex uses in residential districts; and +      (2)   lots in an overlay district or a planned development district with +tree preservation regulations that vary appreciably from those in this article, +as determined by the building official. +   (b)   In this section, a tree removal property with an area of two acres or +less in a residential district is considered to be vacant when an application +is made for a demolition permit to demolish a single family or duplex +structure. The tree removal property is considered to be vacant until: +      (1)   the demolition permit is closed (not expired) by the building +inspector (reinstating the single family or duplex use); or +      (2)    a certificate of completion is provided to the tree removal +property owner for a new single family or duplex structure for occupancy on the +property. +   (c)   Historic trees on lots smaller than two acres in size that contain +single-family or duplex uses in residential districts may be recognized in +accordance with Section +51A-10.133. (Ord. Nos. 22053; 25155; 28553; 30929) +SEC. 51A-10.131.1.   INTENT. +   The city council intends that this division fully comply with state law to +encourage the active planting of new trees and the replacement of damaged, +injured, or removed trees by providing alternatives and options that will +enhance the urban forest. (Ord. 30929) +SEC. 51A-10.131.2.   PLANNED DEVELOPMENT DISTRICTS. +   Deviations from this division require a three-quarters vote of the city +council. (Ord. 30929) +SEC. 51A-10.132.   TREE REMOVAL APPLICATIONS. +   (a)   Tree removal application and posting. +      (1)   Except as provided in this subsection, a responsible party must +post either an approved tree removal application in accordance with this +section or a building permit in a conspicuous place at the entrances to the +tree removal property, before removing or seriously injuring a protected tree +on that tree removal property. +      (2)   A tree removal application must be posted in a conspicuous place at +the entrance to the tree removal property in conjunction with a demolition +permit or a grading permit. +      (3)   For trees removed from public right-of-way, posting of the required +tree removal application is not required. +   (b)   Application for review. An application required under this section +must be filed with the building official on a form furnished by the city for +that purpose. The application must include the following: +      (1)   General. The name, address, telephone number, and signature of the +applicant. The applicant may be the owner of the tree removal property or a +contracted agent acting for the owner. +      (2)   Owner information. The name, address, and telephone number of each +tree removal property owner. +      (3)   Tree removal property information. The street address, zoning +district, and any overlay district of the tree removal property. +      (4)   Tree survey or forest stand delineation. One of the following must +be provided. +         (A)   A tree survey that shows the location, diameter, and name (both +common and scientific) of all trees on the tree removal property (trees in +close proximity that all have a diameter of less than eight inches may be +designated as a "group of trees" with only the number noted), or an estimate of +the total diameter inches of protected trees, calculated and documented using a +tree sampling method determined by the building official to be reasonably +accurate. The survey does not have to be prepared by a registered surveyor, +architect, or landscape architect. Trees not proposed for removal or serious +injury, or located further than 20 feet from proposed construction activity +need not be shown on the survey unless the building official determines it +would help evaluation of the application. +         (B)   A forest stand delineation ("FSD") used for the purpose of +calculating the total square footage of forest canopy coverage of building +sites and providing an ecological assessment of a property. An FSD must be +approved by the building official. The building official shall determine the +information required to be provided in an FSD. The FSD is applicable to and may +be used to calculate: +            (i)   Tree canopy cover assessment for old-field tree stands and +undeveloped lots, two acres or larger, in early succession stages when: +               (aa)   a stand, or partial stand, with a minimum of 60 percent +Class 3, eastern red cedar, or unprotected trees is located in a proposed +development impact area; +               (bb)   the forest stand delineation excludes areas within 50 +feet of a one-percent chance floodplain, 50 feet of a wetland, 50 feet of an +escarpment zone, or 150 feet of a stream bank; +��              (cc)   the trees in the stand, or partial stand, is designated +in an age class of 60 years or less by the building official based on site and +historical data; and +               (dd)   the stand is assessed and surveyed using tree sampling +methods which provide general species quantity and tree size determinations +based on the use of quadrat plots, a transect line sampling method, point- +quarter sampling method, or other method approved by the building official. +            (ii)   Tree canopy cover credit for single family and duplex +construction. +            (iii)   Tree canopy cover assessment of development impact areas in +conjunction with sustainable development incentives. +            (iv)   Tree canopy cover assessment on properties five acres or +larger with institutional and community service uses or recreation uses when +the measured tree canopy coverage is the baseline for determining the number of +trees required for replacement when using the canopy cover replacement +calculation for legacy trees in Section +51A-10.134(c)(7). +            (v)   Forest analysis for baseline documentation to create a +conservation easement. +            (vi)   Tree canopy cover assessment where trees are removed without +authorization. +      (5)   All permits and approvals related to floodplain, wetland, or +escarpment regulations required by city departments or other agencies. +      (6)   Any other reasonable and pertinent information that the building +official determines to be necessary for review. +   (c)   Form of approval of tree removal application. A tree removal +application is not approved until it has been signed by the building official. +   (d)   Separate offense for each tree removed or seriously injured without a +permit. A responsible party commits a separate violation of this section for +each tree removed or seriously injured without authorization by a building +permit or approved tree removal application. +   (e)   Decision of the building official. The building official shall deny a +tree removal application if the removal or serious injury is not in the public +interest. This decision must be based on the following factors: +      (1)   The feasibility of relocating a proposed improvement that would +require the removal or serious injury of the tree. +      (2)   The cost of preserving the tree. +      (3)   Whether the lot or tract would comply with this article after the +removal or serious injury. +      (4)   Whether the removal or serious injury is contrary to the public +health, safety, or welfare. +      (5)   The impact of the removal or serious injury on the urban and +natural environment. +      (6)   Whether an economically viable use of the property will exist if +the application is denied. +      (7)   Whether the tree is worthy of preservation, is a significant tree, +or a historic tree. +      (8)   Whether the tree is diseased or has a short remaining life +expectancy. +      (9)   The effect of the removal or serious injury on erosion, soil +moisture retention, flow of surface waters, and drainage systems. +      (10)   The need for buffering of residential areas from the noise, glare, +and visual effects of nonresidential uses. +      (11)   Whether a landscape plan has been approved by the board of +adjustment, city plan commission, or city council. +      (12)   Whether the tree interferes with a utility service. +      (13)   Whether the tree is near existing or proposed structures. +      (14)   Whether the proposed mitigation for tree removal or serious injury +is sufficient. +   (f)   Development impact area waiver. Except as provided in this section, if +tree removal is authorized by a building permit for construction of a main +structure, a property owner may apply for a waiver of the tree replacement +requirements in Section +51A-10.134. The waiver applies to protected trees in the development impact +area on properties not listed in Sections +51A-10.131 and +51A-10.134(b), all single family and duplex permits, and properties excepted +from Article X landscape requirements in Section +51A-10.121. +      (1)   Qualifications. The owner must demonstrate a good faith effort to +design the building project to preserve the most, the biggest, and the best +trees, by providing the following: +         (A)   a tree survey and a tree protection plan implemented as required +by this division; and +         (B)   proof of consultation with a qualified consulting arborist or +landscape architect for planning and implementing best management practices to +reduce the negative impacts of construction on protected trees before +submitting the building permit for approval. +      (2)   Tree removal property waiver requirements. +         (A)    Tree removal properties two acres and larger. All tree removal +properties two acres and larger must: +            (i)   meet the qualification requirements of Section +51A-10.135(d)(1) for sustainable development incentives; +            (ii)   reduce mitigable inches of protected trees on the tree +removal property by a minimum of 50 percent through application of tree canopy +coverage credit using Sustainable Development Incentives procedures; and +            (iii)   develop and implement the sustainable landscape plan and +tree preservation plan in Section +51A-10.135(d)(4). +         (B)   Tree removal properties less than two acres. The owner must meet +all qualifications in Section +51A-10.132(f)(1). +      (3)   Waivers. The building official shall waive tree replacement +requirements for protected trees within the development impact area if the +building official determines that all requirements in this subsection are met. +         (A)    Limitations. Except as provided in this subsection, the waiver +is limited to protected trees in the development impact area on the tree +removal property growing within the building footprint, minimum required +parking areas, driveways, sidewalks, utility easements, detention areas, areas +of grading, excavation areas, and staging areas necessary for construction. +         (B)   Waiver calculations. Except as provided in this subparagraph, +the number of inches to be waived is determined by providing the total number +of inches of protected trees in the applicable locations in the development +impact area. +            (i)    The building official shall not waive mitigation of +protected trees for non-required off-street parking spaces. The number of +inches waived must be reduced on a pro-rata basis determined by the percentage +of non-required parking spaces provided in the parking area. (Example: If the +number of parking spaces required is 450; and 521 spaces are being provided on +the lot, then the tree mitigation requirements shall not be waived for the 71 +excess parking spaces. [71/450=15.78%]). +            (ii)   The building official shall not waive mitigation of +protected trees for an area greater than 70 percent of the tree removal +property. Trees must be mitigated on a pro-rata basis if the develop ment +impact area exceeds 70 percent of the tree removal property. (Example: If the +development impact area is 85 percent of the tree removal property, 15 percent +of the trees removed must be mitigated, [0.85-0.70=0.15]. +         (C)   Significant trees. Any significant tree on the tree removal +property removed or seriously injured must be replaced and is not eligible for +this mitigation waiver. +         (D)   Primary natural area. The development impact area waiver may not +include trees within a primary natural area. +         (E)   Special exception. A tree removal property with a waiver must +fully comply with the minimum landscape requirements without a special +exception. +         (F)   Completion. No waiver is complete until the tree removal +property passes a final tree mitigation inspection or landscape inspection and +obtains a permanent certificate of occupancy. +         (G)   Denial. The building official shall deny a development impact +area waiver if the building official determines that the owner is in violation +of any of the applicable requirements of this division during the period +between initial review and final tree mitigation or landscape inspection. If a +waiver is denied, the required tree replacement must be completed in accordance +with Section +51A-10.134. (Ord. Nos. 22053; 25155; 30929; 31314) +SEC. 51A-10.133.   HISTORIC TREES. +   (a)   A property owner must agree, on a form approved by the director, to +have a tree designated as historic before the historic designation can be +approved by city council. +   (b)   Except as provided in this section, historic status lasts for the life +of the tree. +   (c)   A certified copy of the resolution declaring a tree historic must be +filed in the deed records of the county where the historic tree is located. +   (d)   Except as provided in Section +51A-10.140, historic trees may only be removed by authorization of the city +council. (Ord. 30929) +SEC. 51A-10.133.1.   TRANSPLANTED TREES. +   (a)   Procedure. Established and healthy protected trees on a tree removal +property may be transplanted within the city. The transplanting process must +conform to operational and safety standards stated in ANSI A300 (Part 6), as +amended, and with ISA Best Management Practices for Tree Planting, as amended. +      (1)   A protected tree that meets the requirements of this section is not +considered removed, or seriously injured, if the transplanted tree is planted +and maintained in a healthy growing condition. +      (2)   Building official approval is required before beginning the +transplantation for credit as a landscape tree, for tree replacement, or for +acceptance in tree canopy coverage measurements. +      (3)   The following information is required to obtain building official +approval. +         (A)   An initial assessment report describing transplanting practices +from beginning to end of the process, including post-planting care practices. +         (B)   A tree survey or landscape plan identifying the original and +final locations of the protected tree after transplant, as applicable. +         (C)   Names and contact information of the property owners and +contractors. +         (D)   Contractor credentials and a statement of equipment and +procedures to be used for the operation. +         (E)   Other information required by the building official. +   (b)   Credit for transplanted trees. +      (1)   Healthy small trees qualify for one inch of replacement credit for +each inch of the transplanted tree. +      (2)   Healthy large and medium protected trees six inches in diameter or +less qualify for one inch of replacement credit for each inch of the +transplanted tree. +      (3)   Healthy large and medium protected trees between seven inches and +12 inches in diameter qualify for two inches replacement credit for each inch +of the transplanted tree. +      (4)   Healthy large and medium protected trees between 12 inches and 24 +inches in diameter qualify for three inches of replacement credit for each inch +of the transplanted tree. +      (5)   Healthy large and medium protected trees 24 inches or more in +diameter qualify for five inches of replacement credit for each inch of the +transplanted tree. +   (c)   Tree canopy coverage. Transplanted trees may be measured as part of +the overall tree canopy coverage of a property in a forest stand delineation as +a preserved tree. (Ord. 30929) +SEC. 51A-10.134.   REPLACEMENT OF REMOVED OR SERIOUSLY INJURED TREES. +   (a)   In general. Except as provided in this section, if a tree removal +application is approved, a building permit is issued, an unauthorized tree +removal occurs, or when a tree is removed from a public right-of-way in +conjunction with a private development, one or more healthy replacement trees +must be planted in accordance with the requirements in this article. +   (b)   Exception. Trees removed with a building permit for construction of a +single family or duplex dwelling on a lot one acre or less in a residential +district are not required to be replaced if the tree was located in the +unrestricted zone on the tree removal property. Trees not in the unrestricted +zone are subject to replacement. +      (1)   For front and rear yards, the unrestricted zone does not include +required setbacks or the area 15 feet from the property line, whichever is +greater. +      (2)   For side yards, the unrestricted zone does not include required +setbacks or the area five feet from the property line, whichever is greater. +   (c)   Requirements. +      (1)   Quantity. +         (A)   Except as provided in this section, the minimum total caliper of +replacement trees must equal or exceed the total classified diameter inches of +the protected trees removed or seriously injured as listed below. +         (B)   Tree classification for mitigation: +            (i)   Historic trees: 3:1     +            (ii)   Significant: 1.5:1 +            (iii)   Class 1: 1:1 +            (iv)   Class 2: 0.7:1 +            (v)   Class 3: 0.4:1 +      (2)   Species. +         (A)   A replacement tree must be an approved tree determined by the +director. +         (B)   For a tree removal property two acres in size or more, no one +species of tree may constitute more than 35 percent of the replacement trees +planted on the tree removal property. +      (3)   Location. The replacement trees must be planted on the lot from +which the protected tree was removed or seriously injured, except as otherwise +allowed by Section +51A-10.135. Replacement trees may not be planted within a visibility triangle, +a water course, in an area within 15 feet horizontally to the closest point of +an overhead electric line, or an existing or proposed street or alley unless +the tree is authorized by a license and permit and is required to be in that +location by other ordinance. +      (4)   Minimum size. A replacement tree must have a caliper of at least +two inches. +      (5)   Timing. +         (A)   Except as provided in this section, all replacement trees must +be planted within 30 days of removal. +         (B)   If the property owner provides the building official with an +affidavit stating that all replacement trees will be planted within six months, +the building official may allow the replacement trees to be planted during that +six-month period. +            (i)   If the property owner submits an application for a building +permit for construction on the tree removal property within the six-month +period, the tree replacement requirements may be transferred to the building +permit for final completion of all tree replacement prior to a final +certificate of occupancy or certificate of completion for the property. +            (ii)   If the property owner does not submit an application for a +building permit for construction within the six-month period, all tree +replacement must be completed within 30 days after the expiration of the six- +month period. +         (C)   For residential subdivision developments and multi-phase +commercial developments, tree replacement may be completed in accordance with a +comprehensive tree replacement plan for the development. The building official +may allow the property owner additional time to complete the development +project to plant the replacement trees, with the following restrictions: +            (i)   A proposed landscape plan identifying all conceptual +landscaping for the properties within the subdivision must be provided by a +landscape architect and designed according to the soil and area requirements of +this article. The proposed plan will specify the minimum tree size and general +species distribution for the properties in accordance with this article. The +tree replacement for the development identified on the proposed plan must be +completed prior to the final certificate of occupancy or certificate of +completion for the project. +            (ii)   All required tree replacement that is not scheduled by an +approved design for the property under the comprehensive tree replacement plan +must be completed within six months of issuance of the tree removal application +or building permit for removing trees. +      (6)   Forest stand delineation exceptions for old-field and undeveloped +lots. When an FSD, under Section +51A-10.132(b)(4)(B) is used to assess tree canopy coverage: +         (A)   except as provided in this paragraph, no mitigation is required +for a tree stand when: +            (i)   at least 60 percent of the trees in the stand are Class 3, +eastern red cedar, or unprotected species; and +            (ii)   the average tree diameters in the stand are less than 12 +inches DBH. +         (B)   significant trees in a stand located on an old-field or +undeveloped lots must be mitigated. +      (7)   Additional requirements for forest stand delineation for properties +five acres or greater with institutional uses or recreational uses. When an FSD +under Section +51A-10.132(b)(5)(D) is used to assess tree canopy coverage: +         (A)   the tree removal property must maintain or increase the tree +canopy coverage for the property recorded in the most recent FSD; and +         (B)   significant trees that are included in the FSD tree canopy +coverage must be replaced according to the diameter standards for significant +trees in this article. +         (C)   A replacement tree that dies within five years of the date it +was planted must be replaced by another replacement tree that complies with +this section. (Ord. Nos. 22053; 25155; 30929) +SEC. 51A-10.135.   ALTERNATIVE METHODS OF COMPLIANCE WITH TREE REPLACEMENT +REQUIREMENTS. +   (a)   In general. If the building official determines that, due to +restrictive site conditions, it would be impracticable or imprudent for the +responsible party to plant a replacement tree on the tree removal property, the +responsible party shall comply with one or more of the mitigation methods in +this section. +   (b)   Mitigation by legacy trees. +      (1)   Lots or artificial lots smaller than five acres on properties that +are not using sustainable development incentives may attain replacement credit +for planting legacy trees on the tree removal property. +      (2)   Each tree planted and designated as a legacy tree is given a 12 +inch replacement credit. +      (3)   For lots containing a single-family or duplex use, credit will only +be provided for legacy trees planted in the portion of the lot that abuts a +street and extends across the width of the lot between the street and a main +building and lines parallel to and extending outward from the front facade of a +main building. +   (c)   Habitat preservation and restoration areas. +      (1)    Habitat preservation and restoration areas that are established to +provide a dedicated open landscape area for native flora and fauna habitat +preservation or restoration may be credited toward tree mitigation. +      (2)   To receive credit, habitat preservation and restoration areas must +be a minimum of 1,200 square feet of contiguous area, as shown on a landscape +plan. +      (3)   Credit will only be given for a maximum of 2,400 square feet of +habitat and preservation area or 20 percent of the tree canopy cover goal for +the property, as determined by the street typology of the adjacent street in +Section +51A-10.135(d)(2)(A), whichever is greater. +      (4)   Every 1,200 square feet of habitat preserved that is not under a +tree canopy may be counted as 12 diameter inches of tree replacement credit. +      (5)   These areas must be actively monitored and managed to be fully +sustained as a protected habitat area including compliance with a maintenance +plan provided to the building official. +   (d)   Sustainable development incentives. Sustainable development incentives +must be calculated on a form provided by the director. +      (1)   Requirements. For a development to qualify for sustainable +development incentives it must meet the requirements in this subsection. +         (A)   Properties must be a minimum of two acres with no residential +uses except multifamily uses and shared access developments. +          (B)   Properties must contain commercial or multifamily uses or a +shared access development. +         (C)   Before a building permit is issued, a consulting arborist or +landscape architect must provide the following to the building official: +            (i)   A forest stand delineation. +             (ii)   A conceptual landscape plan identifying tree preservation, +areas, natural features, landscape areas, proposed buildings, and any other +site elements or improvements in as much detail as possible. +            (iii)   A soil resource assessment for all landscape areas. +         (D)   All healthy top soils disturbed during construction must be +restored. +         (E)   Development must be fitted to the topography and soils to +minimize cut-and-fill sections. +         (F)   Grading and clearing in or around the development impact area +may not encroach in a primary natural area, except in conjunction with the +construction of drainage facilities, approved through engineering review. +            (i)   Grading near preserved trees and around the edge of the +development impact area must be planned and implemented to insure minimal +impact to natural topography, watercourses, vegetation, and wildlife. +            (ii)   Indigenous vegetation must be retained and protected except +in development impact areas or to control or remove invasive plants. +         (G)   Utility easement planning and locations must be designed to +insure minimal impact to preserved trees and primary natural areas. +         (H)   All tree preservation and legacy tree plantings must fully +comply with the tree protection requirements and soil area and tree spacing +standards of this article. +         (I)   A consulting arborist is required; +            (i)   for design and implementation of a tree protection plan and +soil resource assessment; +            (ii)   to periodically inspect preserved trees; +            (iii)   to insure the standards for legacy tree plantings are +implemented; and +            (iv)   to confirm compliance with these requirements to the +building official before the final landscape inspection. +         (J)   Irrigation standards must be designed for efficient water +conservation management on the property including dedicated irrigation for all +legacy trees. +         (K)   A site maintenance schedule and implementation plan for site +sustainability covering a minimum of five years must be approved by a +consulting arborist or landscape architect and fully implemented. The schedule +and plan must be available at the property. +      (2)   Pre-development assessment. +         (A)   Tree canopy cover goal and credit. The combined tree canopy +cover of existing preserved trees, planted legacy trees, and planted landscape +trees, shown on the final approved landscape plan, determines the tree canopy +cover credit for sustainable development incentives. +            (i)   The combined preserved and planted legacy and landscape tree +canopy cover measured in square feet is compared to the tree canopy cover goal +for the property to determine the percentage of tree replacement reduction to +be provided. +            (ii)   The tree canopy cover goal for the property is determined by +the street typology of the adjacent streets. In this subsection, street +typology is determined using the Complete Streets Manual, unless another +publication is designated by the building official. Where a building site faces +two or more street frontages with differing typologies, the greater canopy +cover goal controls. +  +Street Typology Canopy Cover Goal +Residential 40 percent +Mixed Use 35 percent +Commercial & Freeways 30 percent +Industrial 25 percent +Parkways 45 percent +  +Canopy cover goal percentages are converted to square feet by multiplying the +percent and the total square footage of the building site. +         (B)   Tree mitigation deductions. Tree mitigation deductions are +subtracted from the total replacement tree requirements for the building site +to calculate the base mitigation requirement in diameter inches. Available tree +mitigation deductions are: +            (i)   Old-field mitigation reduction credit under Section +51A-10.134(c)(6). +            (ii)    Transplanted tree on site credit under Section +51A-10.133.1(c). +      (3)   Sustainable development credits. +         (A)   Tree canopy cover credit. +            (i)   Canopy cover credit square footage is divided by the tree +canopy goal for the building site, measured in square feet, to obtain the +percentage reduction. +            (ii)   The base mitigation requirement is reduced by the percentage +above to determine the number of inches of mitigation remaining due. +         (B)   Preserved tree canopy credit. +            (i)   Preserved tree canopy cover is determined by completing a +forest stand delineation and a conceptual landscape plan showing the protected +trees to be preserved. +            (ii)   Preserved tree canopy cover credit, measured in square feet, +must be confirmed before final inspection. Preserved tree canopy cover in a +primary natural area is calculated at a rate of 0.25:1. +         (C)   Landscape tree canopy credit. Large and medium nursery stock +landscape trees may be counted towards the tree canopy cover total for a +building site at a rate of 300 square feet per tree. +         (D)   Legacy tree canopy credit. Large or medium legacy trees may be +installed in enhanced landscape areas for legacy tree credit. Legacy tree +credit is determined as follows: +            (i)   Large legacy trees are counted towards the tree canopy cover +total at a rate of 1,200 square feet per tree. +            (ii)   Medium legacy trees are counted towards the tree canopy +cover total at a rate of 750 square feet per tree. +      (4)   Green site points. +         (A)   Additional tree mitigation reductions are available through +enhanced site planning and design, landscape, and water conservation +improvements that directly promote urban forest conservation. +         (B)   Required green site points are calculated by determining the +percentage of the tree canopy cover goal or the percentage of existing tree +canopy cover compared to the overall building site area before development. The +percentage is rounded and converted to points at a 1:1 ratio (i.e., 30 percent += 30 points). +            (i)   For building sites three acres or less, the required number +of points is determined by the tree canopy cover goal or the tree canopy cover +before construction, whichever is greater. +            (ii)    For all other building sites, the required number of points +is determined by the tree canopy cover before construction, but must be a +minimum of 50 points. +         (C)   Green site points from enhanced landscaping are determined as +follows: +            (i)    Green site landscape plan. Five points. A green site +landscape plan must meet the minimum standards of this article, be designed by +a landscape architect, and include the following: +               (aa)   a plan for the design, implementation, and maintenance of +a water-wise program and water-wise planting materials on a minimum of 75 +percent of development impact area; and +               (bb)   a soil resource assessment throughout development for all +landscape areas and required trees. +            (ii)   Tree preservation plan. Five points. A tree preservation +plan must include a tree protection plan, soil resource assessment, and a +complete tree survey performed by a consulting arborist. The tree preservation +plan must be implemented and monitored by a consulting arborist. A report of +soil planting conditions and tree protection during construction is required +before a final landscape inspection. +            (iii)   Engineered solutions in an urban streetscape for +replacement trees. 10 points maximum. A building site must have a minimum of +five landscape design option points to qualify. Green site points are awarded +when engineered solutions allow required large or medium trees in the street +buffer zone to be planted in impervious environments. Soil volume must be a +minimum of 480 cubic feet per required tree. A minimum of 75 percent of +required street buffer trees must meet the soil volume minimum for credits to +apply. +               (aa)    Minimum required soil volume: five points +              ��(bb)    Increase in soil volume 10 percent above minimum +requirement: six points. +               (cc)    Increase in soil volume 15 percent above minimum +requirement: seven points. +               (dd)    Increase in soil volume 20 percent above minimum +requirement: eight points. +               (ee)    Increase in soil volume 25 percent above minimum +requirement: nine points. +               (ff)    Increase in soil volume 30 percent or greater above +minimum requirement: 10 points. +            (iv)   Enhanced buffer zone and increased landscape area. 15 points +maximum. A building site must have a minimum of 10 landscape design option +points in street buffer zone and residential buffer zone enhancements to +qualify. A street buffer zone or residential buffer zone may be enlarged by a +minimum average of five feet deeper than the required average buffer depth. +Five points for each five feet average increase in depth along each buffer zone +on the building site. +            (v)    Conservation through tree preservation or habitat +restoration. 20 points maximum. A building site must have a minimum of 10 +landscape design option points to qualify. Conservation or preservation +programs on the tree removal property may qualify for credits where primary +natural areas and secondary natural areas are retained for conservation +purposes. Each individual area must be identified on the landscape plan and +must be a minimum of five percent of the building site. +               (aa)    Habitat preservation. Five points. The applicant must +preserve existing healthy native and mixed species grassland or woodland areas. +               (bb)    Habitat preservation and restoration using an active +management plan. 10 points. The applicant may create or restore natural habitat +conditions if designed and implemented by a qualified professional. Site +maintenance must be continual for the purpose of sustaining the vegetated area. +Five additional points is available for each additional area. +               (cc)    Habitat preservation, restoration, and maintenance of +natural forest edge using an active management plan - adjacent to primary +natural areas. 15 points. The applicant may preserve and restore land areas +adjacent to wetlands, creeks, floodplain, and slopes which help buffer the +protected creeks, slopes, habitat and woodland in primary natural areas from +the development impact area. An additional five points may be allotted if 90 +percent of the development impact area boundary adjacent to the primary natural +area is a minimum of 100 feet from the primary natural area. +         (D)   Low impact development. 20 points maximum. A building site must +have a minimum of six landscape design option points to qualify. +            (i)   Rain garden. Maximum 10 points. +               (aa)   One to 5,000 square feet: three points; and +               (bb)   each additional 1,000 square feet: one point. +            (ii)   Bioswale. Maximum 15 points per bioswale. +               (aa)   50 to 100 feet long: three points; and +               (bb)   each additional 50 feet: one point. +            (iii)   Water-wise plant materials and planting beds. Maximum 10 +points. The applicant may provide landscaping that uses water conservation +techniques including water-wise plants, mulch, and efficient irrigation. +               (aa)   For providing water conservation techniques in a minimum +of 50 percent of landscape areas: three points; or +               (bb)   in a minimum of 80 percent of landscape areas: five +points. +               (cc)   For providing low-water consumption grasses for 80 +percent of turf surfaces: three points; or +               (dd)    low-water consumption grasses for all turf surfaces: +five points. +         (E)   Surface parking lots. The applicant may improve the interior +zone to provide wider landscape areas and an enhanced shade tree environment. +The enhancements may be combined for a maximum of 30 points. An additional five +points are available if the building site achieves a 50 percent or greater +projected tree canopy coverage over the parking lot with combined existing +trees, legacy trees, and landscape trees. +            (i)   Option 1. Provide a protected pedestrian pathway that is +between three feet in width and 15 feet in width, through a parking lot to a +building from a public or private street or the expansion of a wide landscape +median with trees and a walkway through the parking lot. A minimum of one large +or medium tree is required for each 40 linear feet of pedestrian pathway or +landscape median. Five points. +            (ii)   Option 2. Provide a maximum of 10 parking spaces between +parking lot landscape islands. Five points. +            (iii)   Option 3. Increase the parking lot landscape area to a +minimum of 200 square feet for each large or medium tree. +               (aa)    Increase of 50 percent of the required parking lot +landscape islands. Five points. +               (bb)    Increase of 75 percent of the required parking lot +landscape islands. 10 points. +            (iv)   Option 4. Increase the parking lot landscape area to a +minimum of 300 square feet for each large or medium tree. +               (aa)    Increase of 50 percent of the required parking lot +landscape islands. Five points. +               (bb)    Increase of 75 percent of the required parking lot +landscape islands. 10 points. +            (v)   Option 5. Each additional parking lot landscape island +provided. Three points. +            (vi)   Option 6. Provide a minimum 10-foot-wide landscape median +with large or medium trees extending the length of a minimum 12 space parking +row. Five points. +            (vii)   Option 7. Provide a 12-foot-wide landscape median with +large or medium trees extending the length of a minimum 12 space parking row. +10 points for each full median for a maximum of 20 points on the lot. +            (viii)   Option 8. Provide a 16-foot-wide landscape median with +large or medium trees extending the length of a minimum 12 space parking row. +15 points for each full median for a maximum of 30 points on the lot. +            (ix)   Option 9. Provide a minimum of 2,500 square feet of +contiguous open soil surface area to serve as a pocket park. 20 points. +         (F)   Conservation easement. 10 points. The applicant may protect the +primary and secondary natural areas on the building site adjacent to the +development indefinitely through a conservation easement. +         (G)   Public deed restriction. Five points. The applicant may protect +the primary and secondary natural areas on a building site with a public deed +restriction for a minimum time-period of 25 years with 25 year automatic +renewal provisions. +   (e)   Tree canopy cover credit for single family and duplex uses. To reduce +tree replacement requirements, a portion of existing tree canopy coverage over +a single family or duplex construction building site must be preserved. +      (1)   The tree canopy cover goal is 40 percent of the building site. +      (2)   Healthy large and medium trees preserved on the building site, +including boundary trees, may be included in tree canopy cover calculations. +Invasive trees and trees located within 20 feet on center of the nearest +overhead public electric line are not included in the calculation. +      (3)   Each large and medium nursery stock tree planted as landscaping may +also qualify as 300 square feet of tree canopy cover. If the tree canopy cover +goal is met, additional landscape trees are not required, except that one tree +must be provided in the front yard. +      (4)   Healthy large and medium trees preserved in the required front yard +setback may qualify for double the total square footage of preserved tree +canopy coverage. +      (5)   Boundary trees located on adjacent private property must be +protected to the drip line according to the tree protection plan. +      (6)   The tree canopy cover must be measured by a forest stand +delineation, verified and approved by the building official. The forest stand +delineation must be provided by a consulting arborist. +   (f)   Conservation easement. Tree mitigation requirements may be reduced by +granting a conservation easement to the city in accordance with this +subsection. +      (1)   The conservation easement area must contain protected trees with a +combined diameter equal to or exceeding the classified diameter inches for +which replacement tree credit is being requested. +      (2)   The conservation easement area must be a minimum of 20 percent of +the size of the development impact area on the tree removal property and must +be: +         (A)   configured primarily for urban forest conservation and +preservation by protecting natural topography, waterways, forest vegetation, +and wildlife habitation; and +         (B)   a suitable size, dimension, topography, and general character +for its intended purpose. +      (3)   No portion of the conservation easement may be narrower than 50 +feet in width. +      (4)   A conservation easement must have frontage on an improved public +street or have public access through private property to a public street. +      (5)   The city manager is authorized to accept and approve on behalf of +the city a conservation easement to conserve trees and other natural features, +upon: +         (A)   approval as to form by the city attorney; +         (B)   submission by the applicant of a metes and bounds property +description prepared by a licensed surveyor; and +         (C)   a determination by the building official that the easement area +is suitable for conservation purposes, based on: +            (i)   the submission of baseline documents prepared by a qualified +professional describing the property's physical and biological conditions, the +general age of any tree stands, locations of easements and construction, and +the conservation values protected by the easement; +            (ii)   the likelihood that the proposed conservation easement area +would preserve vegetation on a parcel otherwise attractive for development; +            (iii)   the overall health and condition of the trees on the +conservation easement property, and the extent of invasive and exotic plants on +the property and a strategy to manage the population; +            (iv)   the suitability of the area as a wildlife habitat; +            (v)   other unique features worthy of preservation, e.g. water +channels, rock formations, topography, or rare herbaceous or woody plant +species; and +            (vi)   the preservation of undeveloped areas located in a flood +plain on a building site before and after construction, except as authorized by +the director for engineering infrastructure. +      (6)   The conservation easement may be structured to be monitored and +managed by a nonprofit association dedicated to the conservation of land, with +the city as a joint grantee having the right, but not the duty, to monitor the +management of the conservation area. +      (7)   The city manager may not accept a sole or joint conservation +easement on behalf of the city, unless and until the owner provides the +building official with: +         (A)   a tree survey as set forth in Section +51A-10.132, or an estimate of the caliper and type of protected trees +documented in a manner determined to be reasonably accurate by the building +official, or a forest stand delineation verified and approved by the building +official; and +         (B)   a preservation strategy for the conservation easement area. +      (8)   No person may place playground equipment or park amenities in a +conservation easement area unless the building official has made a written +determination that the amenities indicated on a site plan are unlikely to be +detrimental to the conservation easement area. +      (9)   Conservation easement areas must be located wholly within the +Dallas city limit. +   (g)   Use of other property for tree replacement. Replacement trees that +cannot be planted on the tree removal property, and for which credit is not +given through a conservation easement, may be replaced by the methods in this +subsection. The applicant may: +      (1)   provide a replacement tree to a city department for planting on +city property, with the approval of the director of the city department. +      (2)   plant a replacement tree on property in the city that is within +five miles of the tree removal property as long as the responsible party +obtains the written approval of the building official and provides: +         (A)   a site plan indicating the location of the tree to be removed or +seriously injured, the address of the property where the replacement tree will +be planted, and a site plan indicating the location of the replacement tree; +and +         (B)   a written agreement between the owner of the property where the +replacement tree will be planted and the responsible party, to transfer +responsibility for the replacement tree under this article to the receiving +party. +            (i)   The agreement may be structured to allow a non-profit +association dedicated to tree advocacy or the conservation of land to monitor +and manage the replacement trees. +            (ii)   The agreement must include a written affidavit by the owner +of the property where the replacement tree will be planted agreeing to maintain +the tree for five years and to be the responsible party for the replacement +tree. +         (C)   A responsible party who obtains permission to plant the +replacement tree on other tree replacement property in the city shall ensure +that the planting and maintenance of the tree on the other tree replacement +property complies with the requirements of this article. +   (h)   Park land dedication. Preserved protected trees on dedicated park land +and private park land may be used to meet tree mitigation requirements in +accordance with Subsection (f). +      (1)   Except as provided in this subsection, to be eligible for tree +mitigation credits, dedicated park land and private park land must meet the +conservation easement standards in Sections +51A-10.135(f)(1), +51A-10.135(f)(3), and +51A-10.135(f)(5). +      (2)   Park land dedication requirements may be met on an acre for acre +basis for any land dedicated as a conservation easement under this section that +meets the conservation easement standards in this section and the requirements +for publicly accessible private park land in Section +51A-4.1007(b)(2)(A)(i) and is accepted by the director of the park and +recreation department. +   (i)   Reforestation fund. +      (1)   General. +         (A)   Mitigation requirements may be met by making a payment into a +special city account, to be known as the Reforestation Fund in accordance with +this subsection. +         (B)   The amount of the payment required is calculated by using the +formula for appraising the value of a tree, as derived from the most recent +edition of the Guide for Plant Appraisal published by the Council of Tree & +Landscape Appraisers, unless another publication is designated by the building +official. If more than one tree is being removed or seriously injured or not +planted, the values of the trees are added when calculating the payment +required. +         (C)   All property purchased through this fund must be located within +the city of Dallas. +      (2)   Administration. +         (A)   In general. Except as provided in this paragraph, the director +shall administer the reforestation fund to purchase trees to plant on public +property, to create an urban forest master plan and to update it periodically, +to fund a staff position for managing and directing the fund for planting and +urban forest education, or to acquire conservation easements or wooded +property. A minimum of 50 percent of all funds provided for each fiscal year +must be available for planting trees on public property or to acquire +conservation casements or wooded property. +         (B)   Exception for natural deforestation events. In response to +natural deforestation events, the director may administer the reforestation +fund to purchase trees to plant on private property. +            (i)   Definition. In this paragraph NATURAL DEFORESTATION EVENT +means a recorded weather event or a period of infestation of an invasive +species damaging threatened tree species which causes localized catastrophic +tree failure and irreparable structural tree damage resulting in a loss of the +urban forest canopy. +            (ii)   Applicabili ty. This paragraph only applies to lots with an +existing single-family or duplex use in a residential district. +            (iii)   Qualificati on. Private properties affected by a natural +deforestation event may qualify for reforestation if they are: +               (aa)    Located within a declared federal, state, or local +disaster area; +               (bb)    Declared eligible for reforestation by the city council; +or +               (cc)    Confirmed by the director to have contained a vulnerable +or threatened tree species on the property, as specified by the Texas +Department of Agriculture, and was in imminent threat of infestation. +            (iv)   Additional requirements. A minimum of one of the following +must be provided in determining whether an area has been affected by a natural +deforestation event. +               (aa)   A tree survey or forest stand delineation must be +provided that meets minimum requirements established by the director. +               (bb)    Physical evidence must be presented by the owners of +individual lots documenting individual tree loss. +            (v)   Reforestation. +               (aa)    Except as provided in Item (dd), parkway trees and trees +located in alleys adjacent to residential lots may be replaced at the +discretion of the director. +               (bb)   All reforestation tree planting projects on private +property must be conducted between October and March. +               (cc)   The owner of a reforestation property is responsible for +providing any necessary proof of the loss of a large or medium established tree +to a natural deforestation event on the owner's property. Photo documentation, +Google Street View, and aerial imagery may qualify as confirmation. +               (dd)    Property owners are not required to participate in a +neighborhood reforestation project to replace damaged or destroyed trees. The +city will not replace a parkway tree if the adjacent property owner chooses not +to receive a tree for a location the property owner must maintain. +               (ee)    Replacement trees provided through a reforestation tree +planting project must be planted on the same property that sustained the tree +loss. +               (ff)   The caliper size of replacement trees provided through a +reforestation tree planting project must be between one and three inches. +               (gg)    Boundary tree replacements must be placed on a single +property. Two adjoining properties may each qualify for a tree. +               (hh)   All replacement trees provided through a reforestation +tree planting project must be planted in accordance with the requirements of +this chapter. +               (ii)   An approved planting plan may be required by the +director. +            (vi)   Prohibition on reforestation funds being used to install or +maintain trees on private property. +               (aa)    Reforestation fund expenditures are limited to the +purchase and provision of trees. Reforestation funds may not be expended on +installation or maintenance. +               (bb)    Reforestation fund replacement trees may not be used as +required landscaping on lots permitted for new construction. (Ord. Nos. 25155; +28073; 28553; 30929; 30934; 31616; 32340) +SEC. 51A-10.136.   CONSERVATION AND MAINTENANCE OF PROTECTED TREES DURING +CONSTRUCTION OR OTHER DISTURBANCE. +   (a)   City property. Except as provided in this section, trees on city +property: +      (1)   must be established and maintained in accordance with ANSI A300 +standards for tree care operations and the ISA Best Management Practices; or +      (2)   the American Standard for Nursery Stock Z60. +   (b)   In general. Where a property owner plans to retain protected trees on +a site to be developed or otherwise disturbed in a manner that may affect +protected trees, the following requirements must be met: +      (1)   Tree protection plan in general. A tree protection plan submitted +to the building official must meet the specifications found in ANSI A300 +Standards for Tree Care Operations, as amended, and ISA Best Management +Practices. +      (2)   Tree protection plan additional requirements. A tree protection +plan must include the following: +         (A)   A site plan drawn to scale, indicating the location of land +disturbance, clearing, grading, trenching, tree protection zones, general +projection of the tree canopy area over the property, proposed underground +utilities, staging areas for parking, material storage, concrete washout, and +debris burn and burial holes where these areas might affect tree protection, +and areas where soil compaction is likely to occur in a tree protection zone +due to traffic or materials storage. +         (B)   A complete tree survey in accordance with the requirements set +forth in Section +51A-10.132, or a forest stand delineation approved by the building official. +Significant and historic trees must be specifically designated on the survey. +         (C)   Detailed drawings and descriptions of any of the following tree +protection measures that will be used during development. +            (i)   Tree protection fencing. Tree protection fences must be +constructed within the development impact area unless an alternative is +approved by the building official on the tree protection plan. +               (aa)    Except as provided in this subparagraph, tree protection +fences must be a minimum of four feet high, constructed with adequate, durable +material (e.g. orange plastic construction fencing) approved by the building +official, and located at the drip line or the edge of the critical root zone, +whichever is farthest from the trunk, unless the building official determines +that a fence line closer to the trunk will not be likely to result in damage to +the tree. The building official may require an expansion of the critical root +zone or approved encroachment. Once established, the fence line must remain in +place as approved. +               (bb)   Tree protection fences located in the development impact +area within 15 feet of construction activity must be a minimum of six-feet-high +and constructed of chain-link, wire-mesh, or wood fence materials, and be +solidly anchored to the ground if: +                  (I)    a required tree protection fence located within the +critical root zone of a protected tree on the property is determined by the +building official to be in violation of this subsection; +                  (II)    a significant or historic tree is located within a +development impact area; +                  (III)    a tree preservation plan for sustainable development +incentives is designed for the preservation of protected trees within the area +of construction activity; or +                  (IV)    tree canopy cover credit for single family or duplex +uses is applied to protected trees in the construction activity area. +            (ii)   Erosion control fencing or screening. All protected trees or +stands of trees, and tree protection zones must be protected from the +sedimentation of erosion material. Silt screening must be placed along the +outer uphill edge of tree protection zones. +            (iii)   Tree protection signs. +            (iv)    Transplanting specifications. Trees to be transplanted on +property, or relocated from a remote property, must conform to the +specifications found in ANSI A300 Standard for Tree Care Operations, as +amended. +            (v)   Tree wells, islands, retaining walls, and aeration systems. +            (vi)   Staking specifications. +            (vii)   Soil and root protection. +            (viii)   Trunk protection. +            (ix)   Tree and site watering plan. +   (c)   Clearing. For clearing invasive, exotic, or unprotected vegetation on +a building site, a forest stand delineation is required. The building official +may require a tree protection plan to be provided on all or a portion of the +building site. +   (d)   Implementation of tree protection plan. +      (1)   The responsible party must install and maintain all tree protection +measures indicated in the approved plan prior to and throughout the land +disturbance process and the construction phase. +      (2)   No person may disturb the land or perform construction activity +until the required tree protection measures have been inspected by the building +official. +      (3)   The responsible party must mulch areas where soil compaction is +likely to occur as indicated on the plan with a minimum four-inch layer of wood +chip mulch, or by other options listed in ISA Best Management Practices, or +methods and materials recommended by a consulting arborist and approved by the +building official. +      (4)   If a cut is made to the root of a tree that is not intended to be +removed or seriously injured as indicated on the plan, the cut must be made at +a 90 degree angle. +      (5)   The responsible party must tunnel utilities if utilities are to run +through a tree protection zone, rather than being placed along corridors +between tree protection zones. +      (6)   The responsible party must provide water to the tree protection +zone as needed due to weather or site conditions, with penetration between six +and 18 inches of soil. +   (e)   Damage to protected trees. Where the building official has determined +that irreparable damage has occurred to trees within tree protection zones, the +responsible party must remove and replace those trees. The building official +may determine that irreparable damage to a tree has occurred based on, but not +limited to, the following factors: +      (1)   site evaluation; +      (2)   visible extensive damage to a tree root system; +      (3)   extensive soil compaction around the tree protection zone; +      (4)   visual evidence that required tree protection has been removed or +is in disrepair; or +      (5)   a tree risk assessment by a consulting arborist that includes the +current condition and proposed remedial measures. +   (f)   Topping. Topping is not an acceptable practice. (Ord. Nos. 22053; +25155; 30929) +SEC. 51A-10.137.   VIOLATION OF THIS DIVISION. +   (a)   Stop work order. Whenever any work is being done contrary to the +provisions of this division, the building official may order the work stopped +by notice in writing served on any person engaged in the work or causing the +work to be done. A person issued this notice shall stop work immediately until +authorized by the building official to proceed with the work. +   (b)   Mitigation. The building official may require mitigation for the +removal, or serious injury, of protected trees without a tree removal +application or a building permit upon written notice of a violation of this +division. +      (1)   Mitigation may include: +         (A)   replacement of nursery stock trees on the property based on a +tree mitigation plan provided by the responsible party, if it is determined by +the building official that it is practicable to plant trees on the tree removal +property; +         (B)   other alternative methods of compliance in this article when +approved by the building official; or +         (C)   a fee to be applied to the Reforestation Fund, with the amount +determined in Section +51A-10.135. +      (2)   The responsible party must provide a tree survey or a forest stand +delineation identifying all tree sizes and species, or tree canopy coverage, on +the property. +         (A)   If the responsible party fails to provide the required +information within 30 days of the notice of violation the building official may +conduct a forest stand delineation using aerial imagery, field analysis, or +other reasonable and pertinent information to review and identify the square +footage of tree canopy coverage on the property. +         (B)   Required mitigation is calculated as follows: +            (i)   When tree size and species are identified in a verifiable +survey provided by a consulting arborist and approved by the building official. +Mitigation is required in accordance with Section +51A-10.134. +            (ii)   When protected trees have been removed with no measurable +remaining evidence. Mitigation is required in accordance with Section +51A-10.134 as determined using the following calculation. +               (aa)   The tree canopy coverage area is estimated by measuring +the tree canopy coverage area shown in an aerial image no older than three +years before notice of violation. +               (bb)   The estimated tree canopy coverage area, in square feet, +on the tree removal property is divided by 1,200 square feet to determine an +estimated number of trees for the area. +               (cc)   The number of trees is multiplied by eight inches as the +estimated average of trees to determine the inches of the trees to be replaced. +            (iii)    Reforestation fund. +               (aa)   The number of inches to be replaced for trees not located +in a primary natural area is multiplied by the Class 2 base rate (0.7:1) to +calculate reforestation fund value. +               (bb)   The number of inches to be replaced for trees located in +a primary natural area is multiplied by the Class 1 base rate (1:1) to +calculate reforestation fund value. +      (3)   Upon a finding by the building official that tree canopy coverage +removal has occurred, the building official shall give written notification to +the responsible party. Tree replacement or mitigation must be completed within +90 days of the date of the notification. (Ord. Nos. 22053; 25155; 30929) +SEC. 51A-10.138.   APPEALS. +   In considering an appeal from a decision of the building official made in +the enforcement of this division, the sole issue before the board of adjustment +shall be whether or not the building official erred in his or her decision. The +board shall consider the same standards that the building official was required +to consider in making the decision. (Ord. Nos. 22053; 25155; 30929) +SEC. 51A-10.139.   FINES. +   A person convicted of violating this division shall be subject to a fine of +not less than $2,000.00 per protected tree removed or seriously injured without +authorization, and not less than $2,000.00 per day for any other violation of +this division. (Ord. Nos. 22053; 25155; 30929) +SEC. 51A-10.140.   CRIMINAL RESPONSIBILITY, AND DEFENSES TO PROSECUTION. +   (a)   A person is criminally responsible for a violation of this division if +the person: +      (1)   removes or seriously injures, or assists in the removal or serious +injury of, a protected tree without complying with the requirements of this +division; or +      (2)   owns part or all of the land where the violation occurs. +   (b)   It is a defense to prosecution under this section that the act is +included in one of the enumerated categories listed in this section. A tree +removal application or tree replacement is not required if the tree: +      (1)   was dead and the death was not caused by an intentional or +negligent act of the owner or an agent of the owner; +      (2)   had a disease or injury that threatened the life of the tree and +was not caused by an intentional act of the owner or an agent of the owner; +      (3)   was in danger of falling or had partially fallen and the danger or +the fall was not due to an intentional act of the owner or an agent of the +owner; +      (4)   was in a visibility triangle (unless the owner was legally required +to maintain the tree there) or obstructed a traffic sign; +      (5)   interfered with service provided by a public utility within a +public right-of-way; +      (6)   threatened public health or safety, as determined by one of the +following city officials: +         (A)   the chief of the police department; +         (B)   the chief of the fire-rescue department; +         (C)   the director of public works; +         (D)   the director of transportation; +         (E)   the director of sanitation services; +         (F)   the director of code compliance; +         (G)   the director of park and recreation; +         (H)   the director of development services; or +         (I)   the director of aviation. +      (7)   was designated for removal without replacement in a landscape plan +approved by the city council, city plan commission, or board of adjustment; +      (8)   interfered with construction or maintenance of a public utility or +public right-of-way; +       (9)   was removed or seriously injured to allow construction, including +the operation of construction equipment in a normal manner, in accordance with +infrastructure engineering plans approved under Article V of Chapter 49 or +street paving and grading in a public right-of-way, storm drainage easement, +detention or retention pond designation, or bridge construction, for private +development; or +      (10)   was specifically listed as a vulnerable or threatened tree +species. or species subject to quarantine, as determined by the Texas +Department of Agriculture, and was in imminent threat of infestation. (Ord. +Nos. 22053; 23694; 25047; 25155; 28073; 28424; 30239; 30654; 30929; 32002; +32340) +ARTICLE XI. +HISTORIC PRESERVATION TAX EXEMPTIONS AND ECONOMIC DEVELOPMENT INCENTIVES FOR +HISTORIC PROPERTIES. +Division 51A-11.100. Purpose and Definitions. +SEC. 51A-11.101.   PURPOSE AND AUTHORITY. +   (a)   Purpose. +      (1)   The purpose of this article is to encourage economic development +through the revitalization and preservation of the city’s historic properties, +including residential properties, and to assist in accomplishing the following +goals: +         (A)   Revitalize older neighborhoods to build and capture a stable tax +base. +         (B)   Support private sector investment in historic properties. +         (C)   Encourage home ownership. +         (D)   Promote pedestrian oriented, ground floor retail in the urban +historic districts. +         (E)   Support new uses for vacant and deteriorated historic buildings. +         (F)   Encourage low and moderate income families to invest in historic +districts. +      (2)   In order to further the purpose of this division, the director +shall: +         (A)   provide education and assistance to owners of historic +properties; +         (B)   coordinate activities with other departments to publicize the +incentives in this article; +         (C)   coordinate with existing programs in other departments; and +         (D)   seek funding from outside sources to assist low and moderate +income home-owners in rehabilitating and maintaining owner-occupied historic +properties. +   (b)   Authority for tax exemptions. The tax exemptions in this article are +adopted pursuant to the authority provided in Article 8, Section 1-f of the +Texas Constitution and Section 11.24 of the Texas Tax Code. +      (1)   These tax exemptions apply only to city property taxes and not to +taxes owing to other taxing units. +      (2)   Nothing in this article relieves a person from the responsibility +to apply each year to the appraisal district for a tax exemption pursuant to +the requirements of the Texas Tax Code. +   (c)   Authority for conservation easements. The historic conservation +easement program in this article is adopted pursuant to the authority provided +in Chapter 183 of the Texas Natural Resources Code. (Ord. Nos. 21874; 22026; +22392; 23506; 24584; 25509; 27016) +SEC. 51A-11.102.   DEFINITIONS. +   The following definitions apply to this article: +      (1)   APPRAISAL DISTRICT means the Dallas Central Appraisal District or +its successor. +      (2)   CERTIFICATE OF APPROPRIATENESS means a certificate of +appropriateness required by Section +51A-4.501 or by a historic overlay district ordinance. +      (3)   COMMITMENT TO REPAY means a legal instrument requiring the owner +granted a tax exemption or historic conservation easement to repay to the city +all tax forgone upon a finding that the historic property has been totally or +partially destroyed or significantly altered by the willful act or negligence +of the owner or his agent in violation of the historic district ordinance. See +Section +51A-11.203. +      (4)   CONTRIBUTING STRUCTURE means a structure that retains its essential +architectural integrity of design and whose architectural style is typical of +or integral to a historic district. +      (4.1)   ENDANGERED HISTORIC DISTRICT means a historic district that is in +danger of being irreplaceably lost from severe deterioration or damage or +impending demolition of structures, where additional resources beyond the scope +of this article are needed, and includes the following historic districts: +         (A)   Tenth Street, and +         (B)   Wheatley Place. +      (5)   HISTORIC DISTRICT means a historic overlay district created +pursuant to the Dallas Development Code. +      (6)   HISTORIC PROPERTY means a contributing structure and the land +necessary for access to and use of the structure within a historic district. +      (7)   MINIMUM EXPENDITURE means the amount that must be spent on +rehabilitation to make a property owner eligible for a tax exemption in this +article. +      (8)   PREDESIGNATION CERTIFICATE OF APPROPRIATENESS means a +predesignation certificate of appropriateness issued pursuant to Section +51A-4.501 of this chapter. +      (9)   PRE-REHABILITATION VALUE means: +         (A)   for a historic property that was previously exempt from taxation +because of ownership by a tax exempt entity, but that has been purchased by a +new owner who is subject to taxation within three years before the new owner +submits an application for a tax exemption, the appraised value of the property +on the city's certified appraisal roll prepared by the appraisal district as of +December 31 of the year before the purchase by the new owner; or +         (B)   for all other historic properties, the appraised value of the +property on the city's certified appraisal roll prepared by the appraisal +district as of December 31 of the year before an application is submitted for a +tax exemption. +         (C)   If, while a property is eligible for a tax exemption, the +appraisal district reappraises the historic property and the value is reduced, +the pre-rehabilitation value equals the value after reappraisal for the +remaining duration of the tax exemption. +      (10)   PROPERTY PENDING DESIGNATION means property for which the +procedure has been initiated to establish a historic overlay district pursuant +to Section +51A-4.501. +      (11)   REHABILITATION means labor and materials for interior or exterior +repair or replacement of features that help preserve a historic property and +become a permanent part of the building or site, such as cabinetry, cable and +electrical wiring, carpentry, facilities for required parking, fixtures, +flooring, foundation, paint, paving connecting the building to right-of-way, +plumbing, roofing, and walls. +      (12)   REHABILITATION PROJECT means specific rehabilitation that meets +the minimum expenditure for a tax exemption pursuant to this article. +      (13)   REVITALIZING HISTORIC DISTRICTS means the following historic +districts: +         (A)   Lake Cliff, +         (B)   Winnetka Heights, +         (C)   South Boulevard/Park Row, +         (D)   Peak's Suburban Addition, +         (E)   Junius Heights, and +         (F)   any other historic district designated as a revitalizing +historic district in an ordinance creating or amending the historic district. +      (14)   TAX FORGONE means the total amount of taxes that the city did not +collect as a result of: +         (A)   all tax exemptions granted under this article; or +         (B)   a decrease in appraised value due to a historic conservation +easement. +      (15)   URBAN HISTORIC DISTRICTS means historic districts in the area +bounded by Carroll Avenue, Columbia Avenue, Munger Boulevard, Barry Avenue, +Haskell Avenue, Hatcher Street, Lamar Street, S.F. Railroad, Clarendon Drive, +Rosemont Avenue, Rainier Street, N. Edgefield Avenue, Colorado Boulevard, +Beckley Avenue, Continental Viaduct, Woodall Rodgers Freeway, and Ross Avenue, +including lots fronting on these streets, but excluding the endangered and +revitalizing historic districts. +      (16)   VERIFICATION means issuance of a letter of verification by the +director pursuant to this article. (Ord. Nos. 21874; 22026; 22392; 23506; +24163; 24584; 25509; 26335; 27016; 29953) +Division 51A-11.200. Tax Exemptions for Historic Properties. +SEC. 51A-11.201.   INITIAL APPLICATION, COMPLETION OF REHABILITATION, AND FINAL +APPLICATION ARE ALL REQUIRED FOR TAX EXEMPTION. +   (a)   Initial application for a tax exemption. An initial application for a +tax exemption must be filed with the director. Application may be made for a +tax exemption for historic property or property pending designation. Each +application must be signed by the owner, be acknowledged before a notary +public, and include the following information: +      (1)   The legal description of the property. +      (2)   Photographs and drawings of the property before rehabilitation, +including all protected facades and any other area where rehabilitation will be +performed. +      (3)   Estimates of the costs for the rehabilitation project, and any +other rehabilitation anticipated during the term of the tax exemption as +necessary to calculate the projected tax foregone. +      (4)   Details about the property including: total square footage of the +building and a breakdown of square footage for residential, office, and retail +uses; number of residential units created; and an estimate of the number of +temporary and permanent jobs that will be created as a result of the tax +exemption. This information is required for tax exemptions in the urban +historic districts only. +      (5)   A projection of the construction time and completion date of the +rehabilitation project. +      (6)   A complete application for any necessary certificate of +appropriateness or predesignation certificate of appropriateness for the +rehabilitation project. +      (7)   The proposed use of the property. +      (8)   An authorization for the members of the landmark commission and +city officials to visit and inspect the property as necessary to certify +eligibility and verification for a tax exemption. +      (9)   Documentation showing that the building is a contributing +structure. +      (10)   The duration and amount of tax foregone of any previous property +tax relief granted to any portion of the property pursuant to this article or +any other ordinance adopted pursuant to Section 11.24 of the Texas Tax Code. +      (11)   Any other information that is necessary to the city in determining +eligibility, including but not limited to information showing compliance with +all applicable city health and safety regulations. +   (b)   Determination of eligibility. +      (1)   If the historic property is in a reinvestment zone (also known as a +TIF) designated under Chapter 311 of the Texas Tax Code, the director shall +determine whether a tax exemption authorized under Section 11.24 of the Texas +Tax Code is prohibited, either under state law or under the terms of any bonds +issued for the reinvestment zone. If the tax exemption is prohibited, the +director shall notify the applicant and the city shall not process the +application. +      (2)   Upon receipt of a complete application for a tax exemption, the +director shall schedule a hearing before the landmark commission to determine +whether the property is eligible for a tax exemption. +      (3)   No task force review is required for determination of eligibility. +   (c)   Criteria for eligibility. If a property is determined to be eligible, +the property is deemed to be a historically or archeologically significant site +in need of tax relief to encourage its preservation. The landmark commission +shall determine that the property is eligible only if the application satisfies +the following requirements: +      (1)   The building must be a contributing or potentially contributing +structure within a historic district or proposed as a contributing structure +for properties pending historic designation. +      (2)   The proposed cost of the rehabilitation project must exceed the +percentage of pre-rehabilitation value of the contributing structure specified +in the applicable section of this article, if rehabilitation is required for +the exemption. Only rehabilitation done after a determination of eligibility +may be counted in determining whether the proposed rehabilitation project +exceeds the specified percentage of pre-rehabilitation value, except that the +landmark commission may, after a public hearing, make a specific finding +approving rehabilitation done prior to the determination of eligibility if the +rehabilitation was done within the last three years and will further the +purpose of this article. Only rehabilitation may be counted in determining +whether the proposed rehabilitation project exceeds the specified percentage of +pre-rehabilitation value; other work will not be counted. +   (d)   Notice and appeal of decision. +      (1)   Notice of decision. The director shall notify the applicant in +writing of the landmark commission’s decision on eligibility. If the landmark +commission determines that the applicant is not eligible for a tax exemption, +the director shall notify the applicant of the reason for that determination. +Notice is given by depositing the notice properly addressed and postage paid in +the United States mail. The notice must be sent to the address shown on the +application. +      (2)   Appeal of decision on eligibility. A determination that the +applicant is not eligible for a tax exemption may be appealed to the city plan +commission. An appeal is made by filing a written request with the director. +The request must be filed within 30 days after the date written notice is given +to the applicant of the landmark commission’s decision. In considering the +appeal, the sole question shall be whether the landmark commission erred in +determining that the applicant is not eligible, and, in this connection, the +city plan commission shall consider the same standards that were required to be +considered by the landmark commission. +   (e)   City council review. Within 90 days after the landmark commission +determines an applicant is eligible for a tax exemption, the director shall +schedule applications for properties with past and projected tax foregone +exceeding $50,000 for review by the city council. The city council may, by +resolution, approve any portion of the application over $50,000 if it finds +that the property is a historically or architecturally significant site in need +of more than $50,000 in tax relief to encourage its preservation. If the city +council denies all or part of the amount over $50,000, the applicant will still +be eligible for a tax exemption up to a maximum of $50,000 subject to +compliance with the requirements in this article. +   (f)   Completion of rehabilitation project. +      (1)   The applicant must obtain approval of any necessary certificates of +appropriateness or predesignation certificates of appropriateness. +      (2)   A rehabilitation project must be completed by the date specified by +the landmark commission when it made its determination of eligibility. If the +landmark commission fails to set a completion deadline, it will be deemed to be +three years from the date the landmark commission made its determination of +eligibility. The landmark commission may also set a deadline for the owner to +obtain a certificate of occupancy if it is necessary to further the purpose of +this article. The landmark commission may, after a public hearing, extend the +deadline for completion of the rehabilitation project and receipt of a +certificate of occupancy for additional periods up to three years each if there +has been reasonable progress towards completion and the extension will further +the purpose of this article. An application for an extension may be made after +the original completion deadline or the extended completion deadline. +   (g)   Letter of verification. +      (1)   Application. At any time after completion of the minimum +expenditure on rehabilitation but no later than the completion deadline, and in +order to receive a tax exemption, an owner must apply to the director for a +letter of verification and submit the following information: +         (A)   A signed statement, acknowledged before a notary public, +certifying that the minimum expenditure on the rehabilitation project has been +made in compliance with any certificates of appropriateness or predesignation +certificates of appropriateness along with receipts or other documentation such +as pay affidavits or schedules of value provided by a licensed architect or +engineer proving that the minimum expenditure on the rehabilitation project has +actually been made. +         (B)   An executed commitment to repay that complies with Paragraph +(3). +         (C)   A copy of the city council resolution if the previous and +projected tax foregone combined exceeds $50,000. +         (D)   For applications based upon residential conversion, the +applicant must provide records showing that the requisite percentage of floor +area has been changed to residential uses. +         (E)   Proof, such as a tax certificate, that property taxes and any +city fees, fines, or penalties are not delinquent on the property. +         (F)   Proof that there are no pending city code violations on the +property. +      (2)   Properties in reinvestment zones. If the historic property is in a +reinvestment zone (also known as a TIF) designated under Chapter 311 of the +Texas Tax Code, any additional requirements or limitations of state law or +bonds issued in connection with the TIF must be met before issuance of the +letter of verification. +      (3)   Commitment to repay. +         (A)   The owner must commit to repay any taxes foregone in the event +of unauthorized alteration or demolition of the historic property. +         (B)   The commitment to repay must be approved as to form by the city +attorney. +         (C)   The commitment to repay must run with the land and bind the +owner and his successors, heirs, and assigns. +         (D)   The commitment to repay must provide that any unpaid repayment +is a lien against the historic property. +         (E)   The commitment to repay must indemnify the city against all +claims arising out of the granting of a tax exemption. +         (F)   The commitment to repay must be filed in the deed records of the +appropriate county and with the appraisal district as the instrument governing +the terms of the tax exemption. +         (G)   The commitment to repay must contain: +            (i)   the address of the property; +            (ii)   whether the exemption is 100 percent of the value of, or the +added value of, the land and structure; +            (iii)   if there is more than one structure on a tax account or a +lot and only one structure is a contributing exempt structure, a description of +the structure sufficient to notify the appraisal district which structure is +exempt; +            (iv)   if the exemption is on the added value of the land and +structure, the dollar amount of the pre-rehabilitation value, with an +indication that if the appraised value is reduced during the term of the tax +exemption, the pre-rehabilitation value equals the value after reappraisal for +the remaining duration of the tax exemption; +            (v)   required completion date of rehabilitation; +            (vi)   date by which a certificate of occupancy must be granted, if +applicable; +            (vii)   a statement that property taxes and any city fees, fines, +or penalties are not delinquent on the property or on any other real property +owned in whole or in part, directly or indirectly, by the owner, and must not +be delinquent for the term of the tax exemption in order to qualify for the +exemption on an annual basis. For the purpose of this statement, an interest in +real property does not include any interest in real property held indirectly +through a mutual or common investment fund such as a real estate investment +trust that holds real estate assets unless the person in question participates +in the management of the fund; +            (viii)   a statement that the appraisal district shall not provide +a tax exemption until the city provides the appraisal district an annual letter +of verification; +            (ix)   a statement that the appraisal district shall not provide a +tax exemption unless the owner applies annually to the appraisal district for +the exemption within the time set forth under the Texas Tax Code; +            (x)   if city council approval of the tax exemption is required, a +statement that the tax exemption is subject to the terms of the city council +resolution; +            (xi)   an authorization for the members of the landmark commission +and city officials to visit and inspect the property as necessary to certify +eligibility and verification for a tax exemption; +            (xii)   a statement that a failure to complete the rehabilitation +project or get a certificate of occupancy by any completion date stated in the +determination of eligibility, as extended if applicable, may result in +penalties pursuant to this article. +      (4)   Review by director. The director shall inspect the historic +property to verify compliance with the requirements of this division. +      (5)   Director’s decision. +         (A)   Issuance of letter of verification. If the director determines +that the applicant has met all applicable requirements and qualifies for a tax +exemption, the director shall send a letter of verification to the appraisal +district and the applicant on an annual basis for the duration of the tax +exemption, indicating the applicable tax exemption and the duration of the tax +exemption. The first letter of verification for a tax exemption on a property, +or for a new tax exemption on the same property, must include a copy of the +commitment to repay and, if applicable, the city council resolution. +         (B)   Notice of denial. If the director denies the letter of +verification, the director shall notify the applicant of this fact in writing, +stating the deficiencies that must be corrected or the specific reasons for +denial. Notice is given by depositing the notice properly addressed and postage +paid in the United States mail. The notice must be sent to the address shown on +the application. If the applicant remedies the deficiencies in time for the +appraisal district to provide that year’s tax exemption, the director shall +send a letter of verification to the appraisal district and the applicant, +otherwise, the tax exemption must be sent to the appraisal district for the +next year’s tax exemption. +      (6)   Appeal. The decision of the director to deny the letter of +verification may be appealed to the city plan commission. An appeal is made by +filing a written request with the director. The request must be filed within 30 +days after the date of written notice is given to the applicant of the +director’s decision. In considering the appeal, the sole question shall be +whether the director erred in determining that the applicant does not qualify, +and, in this connection, the city plan commission shall consider the same +standards that were required to be considered by the director. +      (7)   Annual application to appraisal district. The director shall +provide letters of verification to the appraisal district on an annual basis +for the duration of the tax exemption, but in order to receive the tax +exemption, the owner must make an annual application to the appraisal district +in addition to the letter of verification provided by the director. (Ord. Nos. +21874; 22026; 22392; 23506; 24584; 24843; 25271; 25509; 27016) +SEC. 51A-11.202.   PENALTIES FOR FAILURE TO COMPLETE A PROJECT OR FAILURE TO +OBTAIN A CERTIFICATE OF OCCUPANCY. +   (a)   Criminal prosecution. After receipt of a letter of verification, an +owner who knowingly fails to complete rehabilitation or obtain a certificate of +occupancy as required by Section +51A-11.201(f)(2) is criminally responsible for a violation of this article +under the terms of Section +51A-1.103. +   (b)   Defenses to prosecution. It is a defense to prosecution that +circumstances beyond the control of the owner prevented the owner from +completing the rehabilitation or from obtaining the certificate of occupancy. +(Ord. 27016) +SEC. 51A-11.203.   HISTORIC PROPERTY DESTRUCTION OR ALTERATION. +   (a)   If it is suspected that a historic property has been totally or +partially destroyed or significantly altered by the willful act or negligence +of the owner or his representative in violation of the preservation criteria in +the historic district ordinance, the city council, landmark commission, or city +manager shall immediately cause the matter to be scheduled for consideration by +the city council. The director shall give written notice of the hearing before +the city council to the owner at least 10 days before the hearing date. If, +after the hearing, the city council determines that the historic property has +been totally or partially destroyed or significantly altered by the willful act +or negligence of the owner or his representative in violation of the +preservation criteria in the historic district ordinance, the tax exemption +will terminate, the director shall notify the appraisal district that the +property does not qualify for a tax exemption, and the owner shall immediately +repay to the city all of the tax foregone. +   (b)   Where a historic property is totally or partially destroyed or +significantly altered in violation of the preservation criteria in the historic +district ordinance other than by the willful act or negligence of the owner or +his representative, the owner shall, within 30 days, request a certificate for +demolition when rehabilitation is not feasible, or request a certificate of +appropriateness to rehabilitate the historic property. The landmark commission +shall determine whether rehabilitation is feasible during its consideration of +the certificate for demolition or certificate of appropriateness. In cases in +which a historic property is demolished pursuant to a certificate for +demolition or rehabilitated in compliance with a certificate of +appropriateness, repayment of the tax foregone is not required. (Ord. Nos. +21874; 22026; 22392; 23506; 24584; 25509; 27016) +SEC. 51A-11.204.   TAX EXEMPTIONS IN THE URBAN HISTORIC DISTRICTS. +   (a)   General. The tax exemptions based on conversion under Subsection (b) +may not be granted more than one time for the same historic property. +Otherwise, the different tax exemptions under this section may be combined +sequentially or simultaneously. Additional tax exemptions based on +rehabilitation under Subsection (c) are permitted at any time (including during +the term of a previous tax exemption) if the owner provides additional +rehabilitation, limited to repair, reconstruction, or maintenance of the +exterior facade, meeting the minimum expenditure based on the pre- +rehabilitation value applicable to the subsequent application, and otherwise +meets all requirements of this article. +   (b)   Tax exemption based upon residential conversion or ground floor retail +conversion. +      (1)   Eligibility for tax exemption. To be eligible for this tax +exemption: +         (A)   the historic property must be in an urban historic district; and +         (B)   the portion of the historic property’s ground-level floor facing +the street may not be used for parking; and +         (C)   at least 45 percent of the historic property’s floor area must +be occupied after the conversion; and either +         (D)   more than 50 percent of the historic property’s floor area must +be converted from nonresidential use to residential use; or +         (E)   more than 65 percent of the historic property’s street frontage +must be converted for a ground-floor retail use, and the property must be in a +zoning district that permits the retail use. Tax exemptions are not available +for retail conversions that require a zoning change in order to permit the +retail use upon conversion unless the historic property was historically used +for retail purposes as determined by the landmark commission. +      (2)   Value and duration. +         (A)   One hundred percent of the historic property’s value will be +exempt from city property tax. +         (B)   The tax exemption will begin as soon as possible after +verification and have a duration of five years. +   (c)   Tax exemption based upon rehabilitation. +      (1)   Eligibility for tax exemption. To be eligible for this tax +exemption: +         (A)   the historic property must be in an urban historic district; and +         (B)   the cost of the rehabilitation that is completed must exceed 75 +percent of the pre-rehabilitation value of the contributing structure +(excluding value of the land) or must exceed 50 percent of the pre- +rehabilitation value of the contributing structure (excluding value of the +land). +      (2)   Value and duration. +         (A)   One hundred percent of the historic property’s value will be +exempt from city property tax if the cost of rehabilitation completed exceeds +75 percent of the pre-rehabilitation value of the contributing structure +(excluding value of the land). +         (B)   The added value of the historic property over the pre- +rehabilitation value will be exempt from city property tax if the cost of +rehabilitation completed exceeds 50 percent of the pre-rehabilitation value of +the contributing structure (excluding value of the land). +         (C)   The tax exemption will begin as soon as possible after +verification and have a duration of 10 years. (Ord. Nos. 21874; 22026; 22392; +23506; 24584; 25509; 27016) +SEC. 51A-11.205.   TAX EXEMPTIONS IN ENDANGERED AND REVITALIZING HISTORIC +DISTRICTS. +   (a)   General. Additional tax exemptions based on rehabilitation under +Subsection (b) are permitted at any time (including during the term of a +previous tax exemption) if the owner provides additional maintenance or +rehabilitation, limited to repair, reconstruction, or maintenance of the +exterior facade, meeting the minimum expenditure based on the pre- +rehabilitation value applicable to the subsequent application, and otherwise +meets all requirements of this article. +   (b)   Tax exemption based upon rehabilitation. +      (1)   Eligibility for tax exemption. To be eligible for this tax +exemption: +         (A)   the historic property must be in an endangered or revitalizing +historic district; and +         (B)   the cost of rehabilitation that is completed must exceed 25 +percent of the pre-rehabilitation value of the contributing structure +(excluding value of the land). +      (2)   Value and duration. +         (A)   One hundred percent of the historic property's value will be +exempt from city property tax if the cost of rehabilitation completed exceeds +25 percent of the pre-rehabilitation value of the contributing structure +(excluding value of the land). +         (B)   The tax exemption will begin as soon as possible after +verification and have a duration of 10 years. (Ord. Nos. 21874; 22026; 22392; +23506; 24584; 25509; 27016; 29953) +SEC. 51A-11.206.   TAX EXEMPTIONS IN HISTORIC DISTRICTS OTHER THAN URBAN +HISTORIC DISTRICTS, ENDANGERED HISTORIC DISTRICTS, AND REVITALIZING HISTORIC +DISTRICTS. +   (a)   General. The different tax exemptions under this section may be +combined sequentially or simultaneously. Additional tax exemptions based on +rehabilitation under Subsection (b) or rehabilitation of an endangered historic +property under Subsection (c) are permitted at any time (including during the +term of a previous tax exemption) if the owner provides additional +rehabilitation, limited to repair, reconstruction, or maintenance of the +exterior facade, meeting the minimum expenditure based on the pre- +rehabilitation value applicable to the subsequent application, and otherwise +meets all requirements of this article. +   (b)   Tax exemption based upon rehabilitation. +      (1)   Eligibility for tax exemption. To be eligible for this tax +exemption: +         (A)   the historic property must not be in an urban historic district, +endangered historic district, or a revitalizing historic district; and +         (B)   the cost of rehabilitation that is completed must exceed 50 +percent of the pre-rehabilitation value of the contributing structure +(excluding value of land). +      (2)   Value and duration. +         (A)   The added value of the historic property over the pre- +rehabilitation value will be exempt from city property tax. +         (B)   The tax exemption will begin as soon as possible after +verification and have a duration of 10 years. +   (c)   Tax exemption based upon rehabilitation of an endangered historic +property. +      (1)   Eligibility for tax exemption. To be eligible for this tax +exemption: +         (A)   the historic property must not be in an urban historic district, +an endangered historic district, or a revitalizing historic district; +         (B)   the cost of rehabilitation that is completed must exceed 25 +percent of the pre-rehabilitation value of the contributing structure +(excluding value of the land); and +         (C)   the landmark commission must find that the historic property is +in danger of being irreplaceably lost due to severe deterioration, severe +damage, or impending demolition. +      (2)   Value and duration. +         (A)   One hundred percent of the historic property’s value will be +exempt from city property tax. +         (B)   The tax exemption will begin as soon as possible after +verification and have a duration of 10 years. (Ord. Nos. 27016; 29953) +SEC. 51A-11.207.   TAX EXEMPTION FOR HISTORIC PROPERTIES OPEN TO THE PUBLIC AND +OWNED BY NON- PROFIT ORGANIZATIONS. +   (a)   General. The purpose of this tax exemption is to enable non-profit +organizations to maintain historic structures that are open to the public. An +application for a determination of eligibility and an application for a letter +of verification are required. City council review under Subsection +51A-11.201(e) and rehabilitation of the property are not required. +   (b)   Tax exemption based upon non-profit status. +      (1)   Eligibility for tax exemption. To be eligible for this tax +exemption: +         (A)   the property must be a contributing structure within a historic +district; +         (B)   the property must be designated as a recorded Texas historic +landmark or a state archeological landmark; +         (C)   the property must be operated by a non-profit organization that +qualifies for tax exemption under Section 501(c)(3) of the Internal Revenue +Code; +         (D)   the property must be open and available to the general public +for tours or use at least 20 hours per month; and +         (E)   any income generated by public use of the historic property is +reinvested into maintenance of the historic property or into philanthropic +efforts in Dallas. +      (2)   Value and duration. +         (A)   One hundred percent of the historic property’s value is exempt +from city property tax. +         (B)   The tax exemption will begin as soon as possible after +verification and continue for as long as the property meets the requirements of +this section. +         (C)   The tax exemption will cease if the property is no longer +operated by a non-profit organization that qualifies for tax exemption under +Section 501(c)(3) of the Internal Revenue Code or if the property is no longer +open to the public. (Ord. 27016) +SEC. 51A-11.208.   CITYWIDE TAX EXEMPTION. +   (a)   General. The tax exemption under this section may be combined +sequentially or simultaneously with other tax exemptions in this article. Tax +exemptions based on maintenance are permitted at any time (including during the +term of a previous tax exemption) if the owner provides additional maintenance +limited to repair, reconstruction, or maintenance of the exterior facade, +meeting the minimum expenditure based on the pre-rehabilitation value +applicable to the subsequent application, and otherwise meets all requirements +of this article. +   (b)   Tax exemption based upon maintenance of a contributing structure. +      (1)   Eligibility for tax exemption. To be eligible for this tax +exemption: +         (A)   the historic property must be in a historic district; and +         (B)   the maintenance expenditures for the contributing structure must +equal or exceed three percent of the pre-rehabilitation value of the +contributing structure (excluding value of the land). +      (2)   Eligible expenditures. Maintenance expenditures may include the +following items if done in compliance with all city regulations, building +codes, and ordinances: +         (A)   Foundation repair, upgrade, or replacement. +         (B)   Exterior wall repair, weather proofing, and insulation. +         (C)   Exterior painting. +         (D)   Window repair, weather proofing, and insulation. +         (E)   Roof repair or replacement, including roofing materials, and +structural, venting, and drainage systems. +         (F)   Electrical repair or replacement. +         (G)   Heating, venting, and air conditioning repair, installation, or +replacement. +         (H)   Plumbing repair or replacement. +         (I)   Fireplace repair or replacement. +         (J)   Porch repair. +      (3)   Proof of expenditure. Proof of maintenance expenditures must be +provided within 12 months after the landmark commission's determination of +eligibility. +      (4)   Value and duration. +         (A)   The added value of the historic property over the pre- +rehabilitation value will be exempt from city property tax. +         (B)   This tax exemption will begin as soon as possible after +verification and have a duration of three years. (Ord. 29953) +Division 51A-11.300. Other Incentives for Historic Preservation in Urban +Historic Districts. +SEC. 51A-11.301.   HISTORIC CONSERVATION EASEMENT PROGRAM. +   (a)   Purpose. The purpose of the historic conservation easement program is +to encourage the preservation of historic property by making the owner eligible +for a federal income tax deduction and a reduction in city property taxes. +   (b)   Applications. An application for the offer to grant the city a +historic conservation easement must be filed with the director. The director +shall make recommendations regarding the merits and ramifications of each +application to the landmark commission, and the landmark commission shall make +a recommendation to the city council. The city council may in its sole +discretion accept or reject the offer of any historic conservation easement. +   (c)   Eligibility. Historic conservation easements may not be accepted by +the city unless: +      (1)   The historic conservation easement is on all or a part of a +historic property in an urban historic district, and +      (2)   The portion subject to the historic conservation easement is a +contributing element of the historic property’s historic character. +   (d)   Commitment to repay. After acceptance of the historic conservation +easement by the city, the owner must execute a commitment to repay and file it +in the deed records of the appropriate county. The commitment to repay must be +approved as to form by the city attorney. The commitment to repay must run with +the land and bind the owner and his successors, heirs, and assigns. The +commitment to repay must provide that any unpaid repayment is a lien against +the historic property. The commitment to repay must indemnify the city against +all claims arising out of the acceptance by the city of a historic conservation +easement. +   (e)   Reappraisal. Historic conservation easements that are accepted will be +forwarded by the director to the appraisal district for reappraisal of the +historic property. If the historic property is reappraised, the reappraisal +will not affect the ability of the owner to apply for the other incentives +contained in this article. +   (f)   Maintenance. Maintenance of the portion of the historic property +covered by the historic conservation easement in compliance with all city +ordinances and regulations remains the responsibility of the owner. If the +portion of the historic property covered by the historic conservation easement +is damaged, the owner must immediately rehabilitate the portion of the historic +property covered by the historic conservation easement in conformance with the +preservation criteria of the historic district. +   (g)   Historic property destruction or alteration. +      (1)   If it is suspected that the portion of the historic property +covered by the historic conservation easement has been totally or partially +destroyed or significantly altered by the willful act or negligence of the +owner or his representative in violation of the preservation criteria in the +historic district ordinance, the city council, landmark commission, or city +manager shall immediately cause the matter to be scheduled for consideration by +the city council. The director shall give written notice of the hearing before +the city council to the owner at least 10 days before the hearing date. If, +after the hearing, the city council determines that the portion of the historic +property covered by the historic conservation easement has been totally or +partially destroyed or significantly altered by the willful act or negligence +of the owner or his representative in violation of the preservation criteria in +the historic district ordinance, the director shall notify the appraisal +district and the owner shall immediately repay to the city all of the tax +foregone. +      (2)   Where the portion of the historic property covered by the historic +conservation easement is totally or partially destroyed or significantly +altered other than by the willful act or negligence of the owner or his +representative, the owner shall, within 30 days, request a certificate for +demolition when rehabilitation is not feasible, or request a certificate of +appropriateness to rehabilitate the portion of the historic property covered by +the historic conservation easement. The landmark commission shall determine +whether rehabilitation is feasible during its consideration of the certificate +for demolition or certificate of appropriateness. In cases in which the portion +of the historic property covered by the historic conservation easement is +demolished pursuant to a certificate for demolition or rehabilitated in +compliance with a certificate of appropriateness, repayment of the tax revenues +that were not paid because of the historic conservation easement is not +required. (Ord. Nos. 23506; 24584; 25509; 27016) +SEC. 51A-11.302.   TRANSFER OF DEVELOPMENT RIGHTS. +   (a)   In general. Development rights of a historic property may be +transferred in accordance with this section. For purposes of this section, +“development rights” means the difference between the actual floor area on a +building site and the maximum permissible floor area as determined by the floor +area ratio of the building site. The maximum floor area permitted in the West +End Historic District is eight times the lot area. The minimum amount of +development rights which may be transferred under this section is 20,000 square +feet. +   (b)   Eligibility. Development rights for a historic property may not be +transferred unless: +      (1)   the historic property is within an urban historic district; +      (2)   the historic property is a contributing structure listed in the +National Register of Historic Places, if it is located in the West End Historic +District; and +      (3)   the historic property has been rehabilitated within the past five +years, and the total value of the rehabilitation exceeds 50 percent of the pre- +rehabilitation value. Only rehabilitation may be counted in determining whether +the proposed work exceeds 50 percent of the pre-rehabilitation value. +   (c)   Location. Development rights may only be transferred to building sites +in the CA-1(A) and CA- 2(A) districts. +   (d)   Maximum floor area. The maximum floor area ratio may be increased by +no more than 4.0 through the transfer of development rights. +   (e)   Transfer process. +      (1)   An owner who wishes to transfer development rights must submit to +the director the following information in a form approved by the director and +suitable for filing in the deed records of the appropriate county: +         (A)   Names and addresses of the owners of the development rights. +         (B)   Street address, lot and block number, and legal description of +the historic property. +         (C)   Street address, lot and block number, and legal description of +the property to which the development rights are to be transferred. +         (D)   The floor area of the historic property and the lot area of the +historic property. +         (E)   The amount of development rights to be transferred. +      (2)   The director shall check the information supplied on the form and +sign the form if the applicant has complied with the requirements of this +section. +      (3)   When the director has signed the form, the applicant shall file the +form in the deed records of the appropriate county, and shall supply the +director and the building official with a copy of the filed document. +      (4)   When a person applies for a building permit to use the transferred +development rights, the building official shall forward the building permit +application and the form transferring the development rights to the director. +The director shall review the application and verify that the development +rights have been properly transferred and may be used. +      (5)   The recipient of the transferred development rights may further +transfer all of the development rights received by following the same process +described in this section. (Ord. Nos. 23506; 24584; 25509; 27016) +Division 51A-11.400. Sunset Provision and Coordination with Pending Tax +Exemptions. +SEC. 51A-11.401.   SUNSET PROVISION. +   No certificates of eligibility may be granted, and no applications for +extension of the deadline for rehabilitation or deadline for a certificate of +occupancy may be considered, by the landmark commission under this article +after December 31, 2025. (Ord. Nos. 23506; 24584; 25509; 27016; 29953; 31694) +SEC. 51A-11.402.   COORDINATION WITH PENDING TAX EXEMPTIONS. +   (a)   After issuance of the first letter of verification for that tax +exemption (the initial verification), the tax exemption application process is +completed, and the tax exemption is subject to the code provisions in place at +the time of the initial verification. +   (b)   An application that has been determined to be eligible, but that has +not yet received initial verification, is subject to the procedures for +completion and verification in place at the time of the application for initial +verification. If no completion date was specified in the determination of +eligibility, the completion date is deemed to be three years from the date the +landmark commission made its determination of eligibility. +   (c)   An applicant who has received a determination of eligibility for a tax +exemption under previous provisions of this article may submit a revised +application for consideration of eligibility under the current provisions of +this article at any time prior to initial verification. The application may be +made without resubmitting documentation except as necessary to meet current +requirements. If the revised application is denied, the previously approved +application remains in effect. If the revised application is approved, it +replaces the previously approved application. (Ord. 27016) +ARTICLE XII. +GAS DRILLING AND PRODUCTION. +Division 51A-12.100. In General. +SEC. 51A-12.101.   PURPOSE. +   These regulations are intended to protect the public health, safety, and +welfare; minimize the impact of gas drilling and production on surrounding +property owners and mineral-rights owners; protect the environment; and +encourage the safe and orderly production of mineral resources. (Ord. Nos. +26920; 29228) +SEC. 51A-12.102.   DEFINITIONS. +   (a)   In this article, technical terms that are not defined have the meaning +customarily attributed to them in the gas drilling and production industry by +prudent and reasonable operators. +   (b)   In this article: +      (1)   ABANDONMENT means the discontinuation of a well or an operation +site as approved by the Texas Railroad Commission and in compliance with this +article. +      (2)   AMBIENT NOISE LEVEL means the all-encompassing noise level +associated with a given environment, being a composite of sounds from all +sources at the location, constituting the normal or existing level of +environmental noise at a given location. +      (3)   BASE FLOOD means the flood having a one percent chance of being +equalled or exceeded in any given year. See +Article V. +      (4)   BLOWOUT PREVENTER means a mechanical, hydraulic, pneumatic, or +other device or combination of devices secured to the top of a well casing, +including valves, fittings, and control mechanisms, that can be used to +completely close the top of the casing and prevent the uncontrolled flow of gas +or other fluids from the well. +      (5)   COMPLETION means the date that drilling or reworking of the well +has ended and gas is flowing to a sales or distribution point. +      (6)   CLOSED-LOOP SYSTEM means a system that uses sealed tanks, instead +of reserve pits, to collect the drilling waste. +      (7)   DAYTIME HOURS means 7:00 am to 7:00 pm, Monday through Friday, and +8:00 am to 6:00 pm, Saturdays. Sundays and city holidays are not considered +daytime hours. +      (8)   DRILLING means digging or boring a new well to explore for or +produce gas. +      (9)   EQUIPMENT means any apparatus, machinery, or parts thereof used, +erected, or maintained in connection with gas drilling or production. +      (10)   FRACTURING means the injecting of water into a well to cause +pressure that will open up fractures already present in the formation. +      (11)   FLOWBACK means the process of flowing a fractured or completed +well to recover water and residual sand from the gas stream before sending gas +down a sales line. +      (12)   GAS means (1) any fluid, either combustible or noncombustible, +that is produced in a natural state from the earth and that maintains a gaseous +or rarefied state at standard temperature and pressure conditions or (2) any +gaseous vapors derived from petroleum or natural gas. +      (13)   GAS INSPECTOR means the person designated by the city to enforce +the provisions of this article, or the gas inspector’s representative. +      (14)   LANDFARMING means the depositing, spreading, or mixing of drill +cuttings, drilling fluids, drilling mud, salt water, produced water, or other +waste generated by the gas drilling and production process onto the ground. +      (15)   OPERATION SITE means the area identified in the SUP to be used for +drilling, production, and all associated operational activities after gas +drilling is complete. +      (16)   OPERATOR means the person listed on the Texas Railroad Commission +drilling permit application (currently called Form W-1 or Form P-4). +      (17)   PIPELINE CONSTRUCTION means the initiation of any excavation or +other disturbance of property to install, construct, maintain, repair, replace, +modify, or remove a pipeline. +      (18)   PIPELINE EMERGENCY means an incident relating to or directly +attributable to the operation of a regulated pipeline in which any of the +following has or is occurring: +         (A)   Fire or explosion not intentionally initiated by the pipeline +operator as part of its normal and customary operations and in accordance with +accepted safety practices. +         (B)   Release of a gas, hazardous liquid, or chemical that could +adversely impact the environment or health of individuals, livestock, domestic +animals, or wildlife in the city. +         (C)   Death of any person or individual. +         (D)   Bodily harm to any person that results in loss of consciousness, +the need to assist a person from the scene of the incident, or the necessity of +medical treatment in excess of first aid. +         (E)   Damage to private or public property not owned by the pipeline +operator in excess of $5,000 in combined values, as determined by the gas +inspector. +         (F)   The rerouting of traffic or the evacuation of buildings. +      (19)   PIPELINE OPERATOR means any person owning, operating, or +responsible for operating a pipeline. +      (20)   PRODUCTION means the period between completion and abandonment of +a well. +      (21)   REGULATED PIPELINE means all parts of those physical facilities +for the transportation of gas, oil, or hydrocarbons, including pipes, valves, +and other appurtenances attached to pipe, whether laid in public or private +easements, public rights-of-way, or private streets within the city, including +gathering lines, production lines, and transmission lines. Pipelines associated +with franchised utilities are not regulated pipelines. +      (22)   REWORKING means the re-entry of an existing well after completion +to access the existing bore hold, conduct deepening or sidetrack operations, or +replace well liners or casings. Reworking is also known in the gas drilling and +production industry as a work-over. +      (23)   TANK means a container used for holding or storing fluids from gas +drilling and production. +      (24)   WELL means a hole or bore to any horizon, formation, or strata for +the intended or actual production of gas. (Ord. Nos. 26920; 29228) +SEC. 51A-12.103.   ADMINISTRATION. +   (a)   Gas inspector. +      (1)    The gas inspector is responsible for enforcing this article, other +city codes applicable to gas drilling and production, and any SUP for gas +drilling and production. +      (2)    The gas inspector shall: +         (A)    review and approve or deny all seismic survey, gas well, and +regulated pipeline permit applications; +         (B)    conduct inspections of all wells and operation sites at least +yearly for compliance with this article, the gas well permit, and the SUP for +gas drilling and production; +         (C)    request, receive, review, and inspect any records, including +records the operator sends to the Texas Railroad Commission, logs, and reports +relating to the status or condition of any permitted well; +         (D)   issue orders or citations to obtain compliance with this +article, a seismic survey, gas well, or regulated pipeline permit, and the SUP +for gas drilling and production; and +         (E)   revoke or suspend seismic survey, gas well, or regulated +pipeline permits for violations of this article, the seismic survey, gas well, +or regulated pipeline permit, or SUP for gas drilling and production. +      (3)   The gas inspector, at each inspection, shall call the emergency +contact numbers listed on the operator’s informational signs to verify that the +phone numbers are current and the emergency contact persons can be reached. +      (4)   The gas inspector shall contact the appropriate city department to +inspect the operation site if the gas inspector believes the operator is +violating a city code provision not addressed in this article. The gas +inspector shall determine whether the other city department completed the +inspection and shall document what actions, if any, were taken against the +operator. +      (5)   The gas inspector shall contact the appropriate state agency to +inspect the operation site if the gas inspector believes the operator is +violating state law. The gas inspector shall determine whether the state agency +completed the inspection and shall document what actions, if any, were taken +against the operator. +   (b)   Technical or legal advisors. The city may hire technical or legal +advisors to advise the city on gas drilling and production matters. If the city +hires advisors to address an operator’s unique circumstances, the city shall +notify the operator of the estimated cost of services. The city shall invoice +the operator, who shall pay the city within 30 days of receipt of an invoice +from the city. (Ord. Nos. 26920; 29228) +SEC. 51A-12.104.   SUP REQUIREMENT AND USE REGULATIONS.   +   See Sections 51-4.213(19) or +51A-4.203(b)(3.2). (Ord. Nos. 26920; 29228) +Division II. Gas Drilling. +SEC. 51A-12.201.   SEISMIC SURVEY PERMIT. +   (a)   In general. +      (1)   No person shall participate in site preparation or any other +seismic survey activities without first obtaining a seismic survey permit +issued by the city in accordance with this division. +      (2)   Seismic surveys may only be conducted with low-impact vibrator +systems designed for urban operations. Explosive charges, including dynamite, +may not be used in preparing for or conducting a seismic survey. +      (3)   Seismic surveying is limited to the hours of 8:00 am to 5:00 pm, +Monday through Friday, excluding city holidays. +      (4)   Seismic survey activities must be conducted in accordance with all +applicable federal and state laws and regulations, and with all ordinances, +rules, and regulations of the city. +      (5)   Seismic survey activities within public rights-of-way must be +conducted in in accordance with a traffic control plan approved by the director +of the department of transportation. +   (b)   Seismic survey permit. A seismic survey permit application must be in +writing, signed by the operator or applicant, and submitted to the gas +inspector. The operator or applicant shall provide the following information on +a form furnished by the city: +      (1)   the date the operator or applicant submitted the application; +      (2)   the operator or applicant’s name, address, telephone number, and +email address; +      (3)   the location of the seismic survey; +      (4)   the date and time the seismic survey will be conducted; +      (5)   a detailed explanation of the seismic survey methods to be used; +      (6)   a detailed map of the area being surveyed and the location of all +vibration and geophone points; +      (7)   the date and time the seismic survey will be completed; and +      (8)   for city property and public rights-of-ways: +         (A)   an executed access agreement for the use of the specific public +rights-of-way or city property; and +         (B)   a current certificate of insurance for the coverage specified in +the access agreement. +   (c)   Review of permit applications. +      (1)   The gas inspector shall return incomplete applications to the +operator or applicant with a written explanation of the deficiencies. +      (2)   The gas inspector shall determine whether the seismic survey permit +should be issued, issued with conditions, or denied within 45 days after +receiving a complete seismic survey permit application. If the gas inspector +fails to make this determination within this specified time, the seismic survey +permit is deemed denied. +      (3)   The gas inspector shall issue a seismic survey permit if the +application meets the requirements of this division. If the application does +not meet the requirements of this division, the gas inspector shall either deny +the application or issue the seismic survey permit subject to written +conditions if compliance with the conditions eliminates the reasons for denial. +If the gas inspector denies a seismic survey permit, the gas inspector shall +provide the applicant with a written explanation of the reasons for denial +within 30 days. +   (d)   Appeal. +      (1)   If the gas inspector denies a seismic survey permit, the gas +inspector shall send the applicant, by certified mail, return receipt +requested, written notice of the decision and the right to appeal. +      (2)   The applicant has the right to appeal to the permit and license +appeal board in accordance with +Article IX of +Chapter 2 of the Dallas City Code. +   (e)   Notice. At least 72 hours before commencing geophysical operations +(laying out of geophones), the operator or applicant shall provide written +notice via United States mail, or other methods of delivery to each tenant, +property owner, and resident within the area to be seismically surveyed. The +written notice must include: +      (1)   general information about the seismic operations to be conducted; +      (2)   an overview of the seismographic survey process; and +      (3)   a hotline number to call with questions or complaints related to +the seismic survey activities. The hotline number must be adequately staffed +with trained personnel during normal working hours. (Ord. 29228) +SEC. 51A-12.202.   GAS WELL PERMIT. +   (a)   In general. +      (1)    No person shall participate in site preparation, drilling, +reworking, fracturing, operation, production, or any other related activity +without first obtaining a gas well permit issued by the city in accordance with +this article. Each well on an operation site must obtain a separate gas well +permit. +      (2)   A gas well permit is required, in addition to any permit, license, +or agreement required under this article, other city ordinances, or state or +federal law. +      (3)   A gas well permit application may not be approved until an SUP is +approved. Denial of an SUP is grounds for automatic denial of all related gas +well permit applications. +      (4)   A gas well permit automatically terminates if the operator does not +begin drilling within 180 days after the gas inspector issues the gas well +permit. The gas inspector may extend the time for an additional 180 day period +upon request by the operator and proof that the conditions on the operation +site have not substantially changed. Only one extension is permitted. +      (5)   An existing gas well permit does not authorize reworking of an +abandoned well. A new gas well permit is required to rework an abandoned well. +      (6)   A gas well permit automatically terminates after the well +authorized by the gas well permit is abandoned pursuant to this article. +      (7)   The operator shall complete all drilling activities on the +operation site within five years from the date the first gas well permit was +issued. +         (A)   The operator may apply for a one-time, two-year extension from +the gas inspector. The request for an extension must be made to the gas +inspector in writing at least six months before the fifth year from the date +the first gas well permit was issued. +         (B)   The gas inspector must approve or deny the extension within 45 +days after receiving the extension request. The gas inspector must approve the +extension if the drilling activities will not adversely impact the neighboring +properties or if additional measures required eliminate the reasons for denial. +         (C)   If the gas inspector denies the request for a one-time, two-year +extension, he must provide the operator with a written explanation of the +reasons for denial within 30 days. +         (D)   As a condition of approval of the extension, the gas inspector +may require additional measures, as necessary, to minimize the impact of the +additional drilling activities upon neighboring properties. +         (E)  ��The operator has the right to appeal to the permit and license +appeal board in accordance with +Article IX of +Chapter 2 of the Dallas City Code. +   (b)   Permit applications. A gas well permit application must be in writing, +signed by the operator and filed with the gas inspector. The operator shall +provide the following information on a form furnished by the city: +      (1)   the date the operator submitted the application; +      (2)   the proposed number of wells on the operation site; +      (3)   the field name as used by the Texas Railroad Commission; +      (4)   the proposed well name; +      (5)   the operator’s name and address; +      (6)    all surface owners’ names and addresses; +      (7)   all mineral rights owners’ names and addresses; +      (8)   the name of a representative with supervisory authority over all +gas drilling and production operations and a phone number where they can be +reached 24 hours a day; +      (9)   the name, address, and phone number of a person who is a resident +of the State of Texas and is designated to receive notices from the city; +      (10)   the names of two designated emergency contact persons, their +addresses, and phone numbers where they may be reached 24 hours a day; +      (11)   the names and addresses of tenants, property owners, and residents +within 1,500 feet of the boundary of the operation site in accordance with the +plans required as part of the gas well permit application; +      (12)   the address and legal description of the operation site; +      (13)    the location and a description of all structures and improvements +within 1,500 feet of the boundary of operation site; +      (14)   a description of all fuel sources and public utilities required +during drilling and production operations; +      (15)   a site plan of the operation site that matches the site plan +attached to the SUP, was prepared by a licensed surveyor or registered +engineer, is drawn to scale, complies with the site requirements in this +article, and provides the following information: +         (A)   the date, scale, north point, name of owner, and name of person +preparing the site plan; +         (B)   the location of existing boundary lines and dimensions of the +operation site; +         (C)   the location of all improvements and equipment, including +proposed wells, tanks, pipelines, compressors, separators, and storage sheds; +         (D)   the zoning of the operation site; +         (E)   the location of flood plains, and the existing and base flood +elevations at the location of any proposed improvement including the well head; +         (F)    the existing watercourses and drainage features; +         (G)   off-street parking and loading areas and the surface material +used; +         (H)   ingress and egress points; +         (I)    existing and proposed streets and alleys; +         (J)    location, height, and materials of existing and proposed +fences; +         (K)   existing and proposed landscaping; +         (L)   location and description of signs, lighting, and outdoor +speakers; +         (M)   location and description of all easements, along with the volume +and page number where the easement is recorded; +         (N)   a map of the surrounding area, showing the zoning on all +property within 1,500 feet of the boundary of the operation site, and the +distance from wells, structures, or equipment to any use, structures, or +features that have spacing requirements under Sections 51-4.213(19) or +51A-4.203(b)(3.2); +         (O)   a tree survey that complies with +Article X; +         (P)   a copy of the SUP ordinance; +         (Q)   a copy of the Texas Railroad Commission drilling permit and its +attached documents, as well as any other permits, disclosures, or reports +required by the Texas Railroad Commission; +         (R)   a copy of the storm water pollution prevention plan and the +notice of intent required by the Environmental Protection Agency; +         (S)   a copy the Texas Commission on Environmental Quality’s +determination of the depth of useable-quality ground water; +      (16)   documentation of the insurance and security instruments required +by this article; +      (17)   an indemnification agreement, approved as to form by the city +attorney, stating that the operator agrees to defend the city and its officers +and employees against all claims of injury or damage to persons or property +arising out of the drilling and production operation; +      (18)   a notarized statement signed by the operator that the information +submitted with the application is true and correct, to the best of the +operator’s knowledge and belief; +      (19)   an air quality management and monitoring plan that includes: +         (A)   measures and equipment the operator will use to ensure that all +site activities and equipment on the operation site comply with applicable +emissions limits, applicable laws relating to emissions, and best management +practices of the Environmental Protection Agency and the Texas Commission on +Environmental Quality regarding air quality; +         (B)   monitoring techniques the operator will use to measure for and +ensure compliance with applicable emissions limits and all applicable laws +relating to emissions; and +         (C)   a categorization of Environmental Protection Agency Tier (Tier 0 +to 4) of all diesel equipment that will be used on the operation site during +each phase of the drilling and production use; +      (20)   a communications plan developed to keep tenants, property owners, +and residents of protected uses within 2,000 feet of the boundary of the +operation site informed that: +         (A)   documents how the operator will notify, solicit feedback, and +respond to concerns about the gas drilling and production use; +         (B)   identifies how the operator will employ early and continuous +engagement, including posted notice in public locations; +         (C)   establishes how the operator will develop and use advance or +near-real-time notice of all significant activities occurring during the well’s +life, including drilling, fracturing, flowback, redrilling and refracturing, +completion, abandonment, as well as non-routine occurrences including flaring, +spills, or emissions events; +      (21)   a dust mitigation plan detailing measures the operator will +implement to mitigate and suppress dust generated at the operation site, +including a mud shaker for vehicles exiting the site; +      (22)   an electricity usage plan showing: +         (A)   the equipment powered by electricity; +         (B)   the amount of electricity needed; +         (C)   the sources of the electric power; +         (D)   whether electricity is generated on site or purchased from a +retail electric provider; and +         (E)   the approximate location of lines, poles, generators, generator +fuel tanks, transformers, fuse boxes, and other apparatus necessary to use +electric power; +      (23)   an emergency action response plan approved by the fire marshal +that: +         (A)   establishes written procedures to minimize any hazard resulting +from drilling, completion, production, or abandonment of wells, including +prompt and effective response to emergencies from: +            (i)   leaks or releases that may impact public health, safety, or +welfare; +            (ii)   fire, explosions, loss of well control, or blowout at or +near the well; and +            (iii)   natural disasters; +         (B)   complies with the existing guidelines established by the Texas +Railroad Commission, the Texas Commission on Environmental Quality, the +Department of Transportation, and the Environmental Protection Agency; +         (C)   includes maps showing the public rights-of-way to the operation +site, and turn-arounds and staging areas for emergency equipment; +         (D)   includes an effective means of notifying and communicating with +local fire, police, and public officials during an emergency, including a +detailed plan of how the operator will notify and communicate with city +officials responsible for notification and evacuation of residents within one- +half mile of the operation site, measured from the boundary of the operation +site; +         (E)   includes the availability of personnel, equipment, tools, and +materials at the operation site as necessary in case of an emergency; +         (F)   outlines measures to be taken to reduce public exposure to +injury and the probability of accidental death or dismemberment; +         (G)   documents emergency shut-down procedures for a gas well and the +operation site, if necessary; +         (H)   establishes a plan for the safe restoration of service and +operations following an emergency or incident; and +         (I)   establishes a follow-up procedure for incident investigation to +determine the cause of the incident and the implementation of corrective +measures; +      (24)   an erosion control plan that complies with all city regulations; +      (25)   a fresh-water fracture pond design plan that includes an +engineering design and a landscape and fencing design that includes: +         (A)   a detailed grading plan prepared by a civil engineer licensed by +the state of Texas; +         (B)   measures that will be taken, such as shallow safety ledges, to +prevent drowning; +         (C)   the fresh-water fracture pond size and how it is designed to +minimize its footprint based on water supply; +         (D)   an open-design black or dark green chain link fence, a minimum +of six feet in height, that encloses the fresh-water fracture pond; and +         (E)   restorative vegetation that complies with +Article X; +      (26)   a hazardous materials management plan that: +         (A)   complies with the Dallas Fire Code; +         (B)   includes the formula identifying the non-radioactive tracing or +tagging additives that the operator will use in all fracturing fluids on the +operation site; and +         (C)   has been filed with the fire department; +      (27)   a hazardous materials inventory statement that: +         (A)   complies with the Dallas Fire Code; +         (B)   includes material safety data sheets or an equivalent detailing +all hazardous materials that are or will be located, stored, transported, or +temporarily used on the operation site, including site preparation, boring, +fracturing, completing, reworking, redrilling, refracturing, and production. +The material safety data sheets must indicate all types, quantities, volumes, +and concentrations of all hazardous chemicals and additives used in these +processes; and +         (C)   has been filed with the fire department; +      (28)   a landscape irrigation plan designed by a State of Texas licensed +irrigator that includes: +         (A)   the appropriate type of irrigation for the operation site; and +         (B)   measures to be taken to adequately irrigate all landscaping, +indicating the water source for irrigation; +      (29)   a noise management plan detailing how the equipment used in the +drilling, completion, transportation, or production of a well complies with the +maximum permissible noise levels in Section +51A-6.102 and this article, and that: +         (A)   identifies the noise impacts of gas drilling and production; +         (B)   provides documentation establishing the ambient noise level in +accordance with this article; and +         (C)   details how the gas drilling and production noise impacts will +be mitigated, considering the operation site characteristics, including: +            (i)   nature and proximity of adjacent development, location, and +type; +            (ii)   seasonal and prevailing weather patterns, including wind +directions; +            (iii)   vegetative cover on and adjacent to the operation site; and +            (iv)   topography on and adjacent to the operation site; +      (30)   a pipeline map indicating the location of the nearest gathering +station, the alignment of the pipelines connecting the operation site to the +gathering station, and a description of how the operator intends to get the gas +to market; +      (31)   a screening and landscape plan that complies with all city +screening and landscape requirements and includes: +         (A)   a schedule detailing the timing of all landscaping and screening +installation or, if a SUP has already been approved with a screening and +landscape plan, a copy of the approved screening and landscape plan; +         (B)   the proposed efforts to replace dead or dying screening +vegetation; and +         (C)   a fully-executed third-party landscape maintenance agreement +detailing the frequency and scope of the services to be provided; +      (32)   a security plan that includes details about how the security alarm +system requirements in this article will be complied with and provides the +location of all security cameras provided on the operation site; +      (33)   a signage plan that complies with the Texas Railroad Commission +regulations, this article, and all other city ordinances, rules, and +regulations for the operation site and pipelines; +      (34)   a spill prevention plan that complies with state and federal +regulations, this article, and all other city ordinances, rules, and +regulations and includes a plan for effective containment of all materials on +site, including containment and mitigation strategies for any failures of +temporary or permanent pipes, tanks, secondary containment systems, and water +recycling systems; +      (35)   a surface reclamation plan that includes how the operator, using +industry best practices, will: +         (A)   restore the operation site to allow its use under the city’s +comprehensive plan; +         (B)   control surface water drainage, water accumulation, and measures +that will be taken during the reclamation process to protect the quantity and +quality of surface and groundwater systems; +         (C)   clean up any polluted surface or ground water; +         (D)   backfill, grade, and re-vegetate the operation site; +         (E)   reconstruct, replace, and stabilize the soil; +         (F)   reshape the topography; and +         (G)   employ other methods or practices necessary to ensure that all +disturbed areas will be reclaimed; +      (36)   a site lighting plan that complies with city code, is designed to +promote the safety of all gas drilling and production operations, and includes +a photometric plan, indicating the type and color of lights to be used and +demonstrates how it complies with all Federal Aviation Administration +requirements; +      (37)   a transportation plan that includes a: +         (A)   traffic impact analysis, including the proposed truck routes, +types and weights of trucks and vehicles accessing the operation site; hours of +the day that truck and vehicle traffic will be entering and leaving the +operation site; days of the week that truck and vehicle traffic will be +entering and leaving the operation site; turning movements associated with +truck and vehicle traffic; proposed access points; and proposed traffic control +devices; +         (B)   map consistent with any SUP requirements showing the truck +routes approved by the gas inspector and identifying all public rights-of-way, +private streets, and routes intended for use within the city; +         (C)   videotape of the approved truck routes, showing in adequate +detail the physical conditions of the rights-of-way; and +         (D)   road repair agreement approved as to form by the city attorney +and signed by the operator; +      (38)   a vector control plan detailing all measures: +         (A)   that will be taken to ensure that a fresh-water fracture pond +will not become a site for mosquito harbourage; and +         (B)   for mosquito abatement activities, including any biological or +chemical control applications or water level control measures; +      (39)   a waste management plan that includes: +         (A)   recycling, treatment, and disposal methods for all drilling muds +and cuttings, flowback water, fracturing fluids, salt water, produced water, +solid waste, and any other materials generated from pad site operations; +         (B)   a copy of the Texas Railroad Commission underground injection +control permit if the waste management plan includes an injection method; and +         (C)   the location of the landfill and a copy of the permit if the +waste management plan includes disposal at a landfill; +      (40)   a water management plan that includes a description of the water +source to be used, the volumes, and the recycling, reuse, or disposal methods +that will be used during drilling and production operations; and +      (41)   any other information the gas inspector deems necessary. +   (c)   Review of permit applications. +      (1)   The gas inspector shall return incomplete applications to the +operator with a written explanation of the deficiencies. +      (2)   The gas inspector shall determine whether the gas well permit +should be issued, issued with conditions, or denied within 45 days after +receiving a complete gas well permit application. If the gas inspector fails to +make this determination within this specified time, the gas well permit is +deemed denied. +      (3)   The gas inspector shall issue a gas well permit if the application +meets the requirements of this article and the conditions of the SUP. If the +application does not meet the requirements of this article or the conditions of +the SUP, the gas inspector shall either deny the application or issue the gas +well permit subject to written conditions if compliance with the conditions +eliminates the reasons for denial. If the gas inspector denies a gas well +permit, the gas inspector shall provide the operator with a written explanation +of the reasons for denial within 30 days. +   (d)   Content of gas well permit. A gas well permit must: +      (1)   identify the name of the well and its operator; +      (2)   identify the name, address, and telephone number of the person +designated to receive notices from the city; +      (3)   identify the names, addresses, and phone numbers of the two +emergency contact persons; +      (4)   state the date the permit is issued; +      (5)   state that the gas well permit will automatically terminate if the +operator does not begin drilling within 180 days after the date of issuance +unless the gas inspector grants an extension; +      (6)   state that all drilling activities must cease within five years +from the issuance of the first gas well permit issued on the operation site +unless a one-time two-year extension is approved; +      (7)   state that the gas well permit shall automatically terminate after +the well is abandoned; +      (8)   state that the operator shall apply for a new gas well permit +before reworking an abandoned well; +      (9)   incorporate the full text of the indemnity provision from the +operator’s submitted indemnity agreement; +      (10)   incorporate, by reference: +         (A)   the insurance and security requirements of this article; +         (B)   the conditions of the applicable SUP; +         (C)   the information contained in the permit application; +         (D)   the rules and regulations of the Texas Railroad Commission, +including the field rules; +         (E)   all other required permits and fees; and +         (F)   the requirement for annual inspections, periodic reports, +emergency reporting, and notice before reworking a well; and +      (11)   state that the operator shall comply with the most recently +submitted and approved site plan, tree survey, hazardous materials management +plan, and emergency action response plan. The SUP and the full-sized site plan +must be attached to the gas well permit. +   (e)   Acceptance of permit. By accepting a gas well permit, the operator +expressly stipulates and agrees to be bound by and comply with the provisions +of this article. The terms of this article shall be deemed to be incorporated +in any gas well permit as if they were set forth verbatim in the gas well +permit. +   (f)   Amendment of permit. If the operator wants to change the original site +plan attached to the gas well permit and the SUP, the operator shall first seek +a zoning amendment or minor amendment and then apply in writing for a gas well +permit amendment. If the operator pays the fee to amend their gas well permit, +and the new site plan complies with the requirements of the SUP and this +article, the gas inspector shall issue an amended gas well permit. +   (g)   Transfer of permit. +      (1)   The gas inspector shall transfer a gas well permit to a new +operator if: +         (A)   the transfer is in writing, approved as to form by the city +attorney, signed by both operators, and the new operator agrees to be bound by +the terms and conditions of the transferred gas well permit, the SUP, and this +article; +         (B)   all information previously provided to the city as part of the +application for the original gas well permit is updated to reflect the new +operator; +         (C)   the new operator provides proof of the insurance and security +required by this article; and +         (D)   the operator-transfer fee is paid in full. +      (2)   The gas inspector shall release the insurance and security provided +by the old operator if the requirements of this subsection are met. The +transfer does not relieve the old operator from any liability arising out of +events occurring before the transfer. +   (h)   Revocation or suspension of permit. +      (1)   If the operator violates this article, the gas well permit, or the +SUP, the gas inspector shall give written notice to the operator describing the +violation and giving the operator a reasonable time to cure. The time to cure +must take into account the nature and extent of the violation, the efforts +required to cure, and the potential impact on public health, safety, and +welfare. The time to cure must not be less than 30 days unless the violation: +         (A)   could cause imminent destruction of property or injury to +persons; or +         (B)   involves the operator’s failure to take a required immediate +action as required by this article. +      (2)    If the operator fails to correct the violation within the +specified time, the gas inspector shall suspend or revoke the gas well permit. +The gas inspector shall also report any violations to the Texas Railroad +Commission and request that the Texas Railroad Commission take appropriate +action. +      (3)   If a gas well permit is suspended, no person may engage in any +activities that were permitted under that gas well permit except for those +activities necessary to remedy the violation. If the violation is remedied, the +gas inspector shall reinstate the gas well permit, and the operator may resume +gas drilling and production. +      (4)   If a gas well permit is revoked, the operator shall obtain a new +gas well permit before resuming gas drilling or production. +   (i)   Appeal. +      (1)    If the gas inspector denies, suspends, or revokes a gas well +permit, the gas inspector shall send the operator, by certified mail, return +receipt requested, written notice of the decision and the right to appeal. +      (2)    The operator has the right to appeal to the permit and license +appeal board in accordance with +Article IX of +Chapter 2 of the Dallas City Code. (Ord. Nos. 26920; 29228) +SEC. 51A-12.203.   INSURANCE AND SECURITY INSTRUMENTS. +   (a)   In general. +      (1)    The operator shall provide the insurance required in this section +at its own expense. +      (2)    The operator shall keep the insurance in effect until the gas +inspector approves the abandonment and restoration of the operation site. +      (3)    Companies approved by the State of Texas with an AM Best Rating of +A or better and acceptable to the city must issue the insurance. +      (4)    The operator shall provide the gas inspector with a copy of the +certificates of insurance. +      (5)    Upon the gas inspector’s request, the operator shall provide +copies of the insurance policies and all endorsements at no cost to the city. +      (6)    Failure of the city to request required insurance documentation +does not constitute a waiver of the insurance requirement. +      (7)   Depleting, wasting, or defense within limits provisions are not +permitted in any of the insurance required in this section. +   (b)   Modification of insurance. +      (1)   The office of risk management may modify the insurance requirements +of this section when necessary based upon economic conditions, recommendation +of professional insurance advisors, changes in law, court decisions, or other +relevant factors. +      (2)   The operator shall modify the insurance as requested and shall pay +the cost of any modifications. +   (c)   Subcontractor insurance. +      (1)   The operator shall require each subcontractor performing work on +the operation site to obtain insurance that is appropriate for the services the +subcontractor is performing. +      (2)   The subcontractor shall provide the subcontractor’s insurance at +its own expense to the operator and gas inspector. +      (3)   The subcontractor’s insurance must name the operator as an +additional insured. +      (4)   The subcontractor shall keep the subcontractor’s insurance in +effect until the gas inspector approves the abandonment and restoration of the +operation site. +      (5)   Companies approved by the State of Texas with an AM Best Rating of +A or better and acceptable to the city must issue the subcontractor’s +insurance. +      (6)   The operator shall provide the gas inspector with a copy of the +certificates of insurance for each subcontractor at least 30 days before the +subcontractor begins work. +      (7)   Upon request, the operator shall provide the gas inspector with +copies of the subcontractor’s insurance policies and all endorsements at no +cost to the city. +   (d)   Required provisions. All insurance contracts and certificates of +insurance must have an endorsement: +      (1)   stating that the city is an additional insured to all applicable +policies; +      (2)   stating that coverage may not be cancelled, non-renewed, or +materially changed in policy terms or coverage without 30-days advance written +notice by mail to the: +         (A)   gas inspector; and +         (B)   City of Dallas, Director, Office of Risk Management, 1500 +Marilla, 6A-South, Dallas, TX 75201; +      (3)   waiving subrogation against the city, its officers, employees, and +elected representatives for bodily injury (including death), property damage, +or any other loss to all applicable coverages; +      (4)   stating that the operator’s insurance is the primary insurance; +      (5)   stating that liability, duty, standard of care obligations, and the +indemnification provision are underwritten by contractual liability coverage +that includes these obligations; +      (6)   identifying the operation site by address; and +      (7)   identifying the gas inspector as the certificate holder. +   (e)   Required coverage. Subject to the operator’s right to maintain +reasonable deductibles, and subject to a maximum deductible or self-insured +retention of $250,000, the operator shall obtain insurance coverage in the +following types and amounts: +      (1)   Workers’ compensation insurance with statutory limits. +      (2)   Employer’s liability insurance with the following minimum limits +for bodily injury by: +         (A)   accident, $1,000,000 per each accident; and +         (B)   disease, $1,000,000 per employee with a per-policy aggregate of +$1,000,000. +      (3)   Business automobile liability insurance covering owned, hired, and +non-owned vehicles, with a minimum combined bodily injury (including death) and +property damage limit of $2,000,000 per occurrence. If the operator is subject +to the Motor Carrier Act, endorsement form MCS 90 is required and a copy must +be attached to the certificate of insurance. +      (4)   Commercial general liability insurance covering explosion, +collapse, underground blowout, cratering, premises/operations, personal and +advertising injury, products/completed operations, independent contractors, and +contractual liability with the following minimum combined bodily injury +(including death) and property damage limits of: +         (A)   $2,000,000 per occurrence; +         (B)   $2,000,000 products/completed operations aggregate; and +         (C)   $2,000,000 general aggregate. +      (5)   Environmental impairment or pollution legal liability insurance +covering handling, removal, seepage, storage, testing, transportation, and +disposal of materials. +         (A)   Coverage must include loss of use of property; cleanup cost; and +defense, including costs and expenses incurred in the investigation, defense, +or settlement of claims in connection with any loss arising from the operation +site. +         (B)   Coverage must apply to sudden and accidental pollution resulting +from the escape or release of smoke; vapors; fumes; acids; alkalis; toxic +chemicals; liquids or gases; waste material; or other irritants, contaminants, +or pollutants. +         (C)   Coverage must include gradual pollution or pollution legal +liability with time element pollution for a minimum combined bodily injury +(including death) and property damage limit of $10,000,000 per occurrence. +          (D)   Coverage must be maintained with a minimum combined bodily +injury (including death) and property damage limit of $10,000,000 per +occurrence. +      (6)    Umbrella liability insurance following the form of the primary +liability coverage described in Paragraphs (1) through (4) and providing +coverage with minimum combined bodily injury (including death) and property +damage limit of $25,000,000 per occurrence and $25,000,000 annual aggregate. +Increased primary liability limits equivalent to the umbrella liability +insurance limits specified will satisfy the umbrella liability insurance +requirements. +         (A)   A copy of the declaration page of the policy must be attached to +the certificate of insurance. +         (B)    Coverage must include explosion, collapse, underground blowout, +cratering, sudden and accidental pollution, handling, removal, seepage, +storage, testing, transportation, and disposal of materials. A copy of the +endorsements providing this coverage must be attached to the certificate of +insurance. +      (7)   Control-of-well insurance to provide coverage for the cost of +regaining control of an out-of-control (wild) well including the cost of re- +drilling and clean up of an incident with minimum limit of $10,000,000. +Coverage must include seepage, pollution, stuck drill stem, evacuation expense +of residents, loss of equipment, experts, and damage to property that the +operator has in the operator’s care, custody, or control. +      (8)    If the insurance required in Section +51A-12.203(e)(4)-(6) is written on a claims-made form, coverage must be +continuous (by renewal or extended reporting period) for at least 60 months +after the gas inspector approves the abandonment and restoration of the +operation site. Coverage, including renewals, must contain the same retroactive +date as the original policy. +   (f)   Miscellaneous provisions. +      (1)   The city’s approval, disapproval, or failure to act regarding any +insurance supplied by the operator or a subcontractor does not relieve the +operator or subcontractor of full responsibility or liability for damages and +accidents. Bankruptcy, insolvency, or the insurance company’s denial of +liability does not exonerate the operator or the subcontractor from liability. +      (2)   If an insurance policy is cancelled or non-renewed, the gas +inspector shall suspend the gas well permit on the date of cancellation or non- +renewal and the operator shall immediately cease operations until the operator +provides the gas inspector proof of replacement insurance coverage. +   (g)   Performance bond or irrevocable letter of credit. Before issuance of a +gas well permit, the operator shall give the gas inspector a performance bond +or an irrevocable letter of credit approved as to form by the city attorney. +      (1)   A bonding or insurance company authorized to do business in Texas +and acceptable to the city must issue the performance bond. A bank authorized +to do business in Texas and acceptable to the city must issue the irrevocable +letter of credit. +      (2)   The performance bond or irrevocable letter of credit must list the +operator as principal and be payable to the city. +      (3)   The performance bond or irrevocable letter of credit must remain in +effect for at least six months after the gas inspector approves the abandonment +of the well. +      (4)   Except as otherwise provided, the amount of the performance bond or +irrevocable letter of credit must be at least $50,000 per well. +         (A)   After a well is completed, the operator may request that the gas +inspector reduce the existing performance bond or irrevocable letter of credit +to $10,000 per well for the remainder of the time the well produces without +reworking. The gas inspector shall reduce the existing performance bond or +irrevocable letter of credit if the operator has fully complied with the +provisions of this article and the conditions of the SUP, and the gas inspector +determines that a $10,000 performance bond or irrevocable letter of credit is +sufficient. +         (B)   If the gas inspector determines the operator’s performance bond +or irrevocable letter of credit is insufficient, the gas inspector may require +the operator to increase the amount of the performance bond or irrevocable +letter of credit to a maximum of $250,000 per well. +      (5)   Cancellation of the performance bond or irrevocable letter of +credit does not release the operator from the obligation to meet all +requirements of this article, the gas well permit, and the SUP. If the +performance bond or irrevocable letter of credit is cancelled, the gas well +permit shall be suspended on the date of cancellation and the operator shall +immediately cease operations until the operator provides the gas inspector with +a replacement performance bond or irrevocable letter of credit that meets the +requirements of this article. +      (6)   The city may draw against the performance bond or irrevocable +letter of credit or pursue any other available remedy to recover damages, fees, +fines, or penalties due from the operator for violation of any provision of +this article, the SUP, or the gas well permit. The performance bond or +irrevocable letter of credit may also be used to mitigate public losses (i.e. +damage to infrastructure, loss of sales tax, etc.) related to the loss of +control of a well. +   (h)   Road repair security instrument. Before issuance of a gas well permit, +the operator shall give the gas inspector a road repair performance bond or an +irrevocable letter of credit approved as to form by the city attorney. The road +repair security instrument is in addition to the performance bond or +irrevocable letter of credit required by Section +51A-12.203(g). +      (1)   A bonding or insurance company authorized to do business in Texas +and acceptable to the city must issue the performance bond. A bank authorized +to do business in Texas and acceptable to the city must issue the irrevocable +letter of credit. +      (2)   The performance bond or irrevocable letter of credit must list the +operator as principal and be payable to the city. +      (3)   The performance bond or irrevocable letter of credit must remain in +effect for at least six months after the department of public works completes +the final inspection of the right-of-way. +      (4)   The department of public works shall determine the amount of the +performance bond or irrevocable letter of credit based upon, among other +factors, the estimated cost to the city of restoring the right-of-way. +      (5)   Cancellation of the performance bond or irrevocable letter of +credit does not release the operator from the obligation to meet all +requirements of this article, the gas well permit, and the SUP. If the +performance bond or irrevocable letter of credit is cancelled, the gas well +permit shall be suspended on the date of cancellation and the operator shall +immediately cease operations until the operator provides the gas inspector with +a replacement performance bond or irrevocable letter of credit that meets the +requirements of this article. +      (6)   The city may draw against the performance bond or irrevocable +letter of credit or pursue any other available remedy to recover damages, fees, +fines, or penalties related to the damage of the right-of-way covered by +Section +51A-12.204(p). +   (i)   Well plugging bond. Before issuance of a gas well permit, the operator +shall give the gas inspector a well plugging bond. +      (1)   A bonding or insurance company authorized to do business in Texas +and acceptable to the city must issue the well plugging bond. +      (2)   The well plugging bond must list the operator as principal and be +payable to the city. +      (3)   The well plugging bond must remain in effect for at least six +months after the gas inspector approves the abandonment of the well. +      (4)   Except as otherwise provided in this subsection, the amount of the +well plugging bond must be at least $50,000 per well. +      (5)   Cancellation of the well plugging bond does not release the +operator from the obligation to meet all requirements of this article, the gas +well permit, and the SUP. If the well plugging bond is cancelled, the gas well +permit shall be suspended on the date of cancellation and the operator shall +immediately cease operations until the operator provides the gas inspector with +a replacement well plugging bond that meets the requirements of this +subsection. +      (6)   The city may draw against the well plugging bond or pursue any +other available remedy to recover damages, fees, fines, or penalties due from +the operator for violation of any provision of this article, the SUP, or the +gas well permit. The well plugging bond may also be used to mitigate public +losses (i.e. damage to infrastructure, loss of sales tax, etc.) related to the +loss of control of a well. (Ord. Nos. 26920; 28424; 29228; 30239; 30654) +SEC. 51A-12.204.   OPERATIONS. +   (a)   In general. +      (1)   Operations must be conducted in accordance with the practices of a +reasonable and prudent gas drilling operation in the State of Texas. +      (2)   The layout of an operation site must comply with the site plan +attached to the gas well permit and the SUP. +      (3)    No refining, except for gas dehydrating and physical phase +separation, may occur on the operation site. +      (4)   Only freshwater-based mud systems are permitted. +      (5)   No person may add any type of metal additive into drilling fluids. +      (6)   Salt-water or produced-water disposal wells, also known as +injection wells, are prohibited. +      (7)   Unless otherwise directed by the Texas Railroad Commission, the +operator shall remove waste materials from the operation site and transport +them to an off-site disposal or recycling facility at least once every 30 days. +      (8)   No air, gas, or pneumatic drilling is permitted. +      (9)   Salt water, produced water, or other wastewater collection or +transportation pipelines must be approved by city council as part of a required +SUP for a gas drilling and production use. +      (10)   Landfarming is prohibited. +      (11)   Lift and line compressors are permitted as part of the gas +drilling and production use. +      (12)   The operation site must be kept clear of dilapidated structures, +debris, pools of water or other liquids, contaminated soil, brush, high grass, +weeds, and trash or other waste material. +      (13)   See Sections 51-4.213(19)(E) or +51A-4.203(b)(3.2)(E) for additional spacing, fencing, and slope requirements. +   (b)   Dust, vibrations, and odors. +      (1)   To prevent injury or nuisances to persons living and working in the +area surrounding the operation site, the operator shall conduct all drilling +and production in a manner that minimizes dust, vibrations, or odors, and in +accordance with industry best practices for drilling and production of gas and +other hydrocarbons. +      (2)   The operator shall adopt proven technological improvements in +industry standards for drilling and production if capable of reducing dust, +vibration, and odor. +      (3)   If the gas inspector determines that the dust, vibrations, or odors +related to the gas drilling and production use present a risk of injury or have +become a nuisance to persons living and working in the area, the gas inspector +shall require the operator to adopt reasonable methods for reducing the dust, +vibrations, and odors. +      (4)   Brine water, sulphur water, or water mixed any type of hydrocarbon +may not be used for dust suppression. +   (c)    Electric lines. Electric lines to the operation site must be located +in a manner compatible with those already installed in the surrounding area. +   (d)    Equipment, structures, and operations. +      (1)    In general. +         (A)   American Petroleum Institute. All equipment and permanent +structures must conform to the standards of the American Petroleum Institute +unless other specifications are approved by the fire marshal. +         (B)   Maintenance. All equipment and structures must be maintained in +good repair and neat appearance. +         (C)   Painting. Unless a specific color is required by federal or +state regulations, all equipment and structures must be painted with a neutral +color approved by the gas inspector. +         (D)   Removal of rig and equipment. The drilling rig and associated +drilling equipment must be removed from the operation site within 30 days after +completion of each well unless other wells on the operation site are in the +drilling phase. +      (2)   Drip pans and other containment devices. Drip pans or other +containment devices must be placed underneath all tanks, containers, pumps, +lubricating oil systems, engines, fuel and chemical storage tanks, system +valves, and connections, and any other area or structures that could +potentially leak, discharge, or spill hazardous liquids, semi-liquids, or solid +waste materials. +      (3)   Engines. +         (A)   Electric motors must be used during drilling unless the operator +submits a report to the gas inspector and the gas inspector determines that +electric motors cannot be used. +         (B)   Only electric motors may be used during production. +         (C)   Electric power may be generated on the operation site but may +not be sold for off-site use. All electrical installations and equipment must +comply with city, state, and federal rules and regulations. +      (4)    Fire prevention equipment. +         (A)   The operator, at the operator’s expense, shall provide fire- +fighting apparatus and supplies as approved by the fire department and required +by city, state, and federal rules and regulations on the operation site at all +times during drilling and production. The operator shall be responsible for the +maintenance and upkeep of the fire-fighting apparatus and supplies. +         (B)   If the chief of the fire department makes a written request to +the operator, the operator shall provide training and instruction to the fire +department and other emergency responders about well safety, emergency +management protocol, and all information specific to the well operations or +emergency management activities at the operation site. The training must occur +within 30 days after the written request is made. +      (5)    Mud pits. +         (A)   Only closed-loop drilling fluid systems are permitted. +         (B)   Low toxicity glycols, synthetic hydrocarbons, polymers, and +esters must be substituted for conventional oil-based drilling fluids. +      (6)   Tanks. +         (A)   Gas well operations must use tanks for storing liquid +hydrocarbons. Tanks must be portable, closed, and made of steel or fiberglass. +If the gas inspector discovers condensate or liquid hydrocarbons, the gas +inspector may require that tanks have a remote foam line. +         (B)   All tanks must have a vent line, flame and lightning arrestor, +pressure-relief valve, and level-control device. The level-control device must +automatically activate a valve to close the well to prevent the tank from +overflowing. +         (C)   Tanks must have a secondary containment system that is lined +with an impervious material. The secondary containment system must be high +enough to contain one-and-one-half times the contents of the largest tank in +accordance with the Dallas Fire Code. +         (D)   Drilling mud, cuttings, liquid hydrocarbons, and other waste +materials must be discharged into tanks in accordance with the Texas Railroad +Commission rules and other city, state, or federal rules and regulations. +         (E)   Temporary flowback tanks must be removed from the operation site +within 90 days after completion of a gas well unless: +            (i)   the gas inspector extends the time period for no more than 30 +additional days; or +            (ii)   other wells on the operation site are in the drilling phase. +         (F)   The top of any tank may not exceed the required fence height. +      (7)    Wells. +         (A)   Each well must have an automated valve that closes the well if +an abnormal change in operating pressure occurs. All wellheads must also have +an emergency shut-off valve to the well distribution line. +         (B)   Surface casing must be run and set in full compliance with the +Texas Railroad Commission and the Texas Commission on Environmental Quality. +         (C)   A blowout preventer must be used when wells are being drilled, +reworked, or at anytime when tubing is being changed. +   (e)   Emergencies. +      (1)    In general. +         (A)   The emergency action response plan that complies with the Dallas +Fire Code must be kept current. +         (B)   A copy of the current emergency response plan must be kept on +the operation site at all times. +         (C)   Updates to the emergency action response plan must be submitted +to the gas inspector, the fire chief, and the fire marshal within two business +days after any additions, modifications, or amendments are made. +         (D)   The operator shall also conduct an annual review and provide +updates of the emergency action response plan that must be approved by the fire +marshal. +      (2)   Compliance with emergency action response plan. In emergencies, the +operator shall comply with the current emergency action response plan submitted +to the gas inspector. +      (3)    Loss of control. +         (A)   If the operator loses control of a well, the operator shall +immediately take all necessary steps to regain control regardless of other +provisions of this article. +         (B)   If the gas inspector believes that the loss of control of a well +creates a danger to persons and property and the operator is not taking the +necessary steps to regain control, the gas inspector is authorized to: +            (i)   take the necessary steps to regain control; and +            (ii)   incur expenses for labor and materials necessary to regain +control. +         (C)   The operator shall reimburse the city for any expenses incurred +in regaining control of a well. +   (f)   Environmental requirements. +      (1) �� In general. +         (A)   All federal, state, and local rules regarding protection of +natural resources must be strictly followed. +         (B)   The operator shall ensure that ground and fresh-water wells are +not contaminated by gas drilling and production operations or any related +activities. +         (C)   The operator shall comply with all local, state, and federal +storm water quality regulations. +         (D)   The operator shall use industry best practices in recycling and +reusing hydraulic fracturing fluids and flowback water. +      (2)    Air quality. +         (A)   Gasses vented or burned. +            (i)   Except as permitted by the Texas Railroad Commission and the +fire marshal, the operator shall not vent gases into the atmosphere or burn +gases by open flame. +            (ii)   At no time may a well flow or vent directly into the +atmosphere without first directing the flow through separation equipment or +into a portable tank. +            (iii)   If venting or burning of gases is permitted, the vent or +open flame must be located at least 300 feet from any structure that is +necessary to the everyday operation of wells. +         (B)   Reduced emissions. +            (i)   Internal combustion engines and compressors, whether +stationary or mounted on wheels, must be equipped with an exhaust muffler or +comparable device that suppresses noise and disruptive vibrations and prevents +the escape of gases, fumes, ignited carbon, or soot. +            (ii)   After fracturing or re-fracturing is completed, the operator +must employ appropriate equipment and processes as soon as practicable to +minimize natural gas and associated vapor releases into the environment. +            (iii)   All salable gas must be directed to a sales line as soon as +practicable or shut in and conserved. +            (iv)   All wells that have a sales line must employ reduced- +emission completion techniques unless the gas inspector determines that +reduced-emission completion techniques are not feasible or would endanger the +safety of personnel or the public. +            (v)   Vapor recovery equipment is required in accordance with state +and federal rules and regulations. +         (C)   Emissions compliance. +            (i)   If an operation site receives two or more notices of +violation for emissions or air quality violations during any 12 month period, +as determined by the Texas Commission on Environmental Quality or the +Environmental Protection Agency, within 30 days after receiving the second +notice, the operator shall submit to the gas inspector an emissions compliance +plan. +            (ii)   The emissions compliance plan must include: +               (aa)   24-hour monitoring techniques the operator will use to +demonstrate that the operation site complies with applicable emissions limits +and all applicable laws relating to emissions; +               (bb)   activities and equipment the operator will immediately +employ to ensure that the operation site complies with applicable emissions +limits and all applicable laws related to emissions; and +               (cc)   quarterly reporting to the gas inspector for a period of +12 months of documented compliance. +      (3)   Baseline assessments. +         (A)   Air. +            (i)   Before gas drilling activities begin on an operation site, +the operator shall perform a baseline test of air quality on the operation +site. +            (ii)   The baseline air quality test must be collected and analyzed +by a qualified third party using proper sampling and laboratory protocol from +an Environmental Protection Agency or a Texas Commission on Environmental +Quality approved laboratory. +            (iii)   The minimum baseline air quality results must include +benzene, toluene, ethylbenzene, xylenes, ozone, hydrocarbons (e.g. methanes, +ethanes, propanes), nitrogen oxides, volatile organic compounds, sulfer +dioxides, naphthalenes, acroleins, and formaldehyde. +            (iv)   The baseline air quality test results must be provided to +the gas inspector within 30 days after the baseline testing is conducted. +            (v)   The operator is responsible for the cost and fees associated +with baseline testing of air quality. +         (B)   Natural gas. +            (i)   Within 30 days after the first well enters production on an +operation site, the operator must provide to the gas inspector a written +extended natural gas analysis. +            (ii)   The extended natural gas analysis must be performed by a +qualified third party laboratory and must include findings for benzene and +hydrocarbons. +            (iii)   The operator is responsible for the cost and fees +associated with an extended natural gas analysis. +         (C)   Water. +            (i)   Except as otherwise provided in this paragraph, before gas +drilling activities begin, the operator shall perform a baseline test of all +water wells within 2,000 feet of a well bore and all surface water within 750 +feet of a well bore. +            (ii)   Water samples must be collected by a third party consultant +and analyzed using proper sampling and laboratory protocol from an +Environmental Protection Agency or Texas Commission on Environmental Quality +approved laboratory. +            (iii)   The minimum baseline water test results must include TDS, +Chlorides, VOCs and TPH, dissolved gases (methane, ethane), TPH fractioned, +SVOC’s, and HAP. +            (iv)   The baseline water test results must be provided to the gas +inspector within 30 days after the baseline testing is conducted. +            (v)   If the operator documents to the satisfaction of the gas +inspector that permission to access private property to conduct the required +baseline testing is not granted, water baseline testing is not required for +that water well or surface water. +            (vi)   The operator is responsible for the cost and fees associated +with baseline testing of all water wells and surface water. +      (4)    Chemical and hazardous materials storage. +         (A)   The purpose of this paragraph, the hazardous materials +management plan, and the hazardous materials inventory statement, including the +materials safety data sheets, is to minimize the: +            (i)   risk of unwanted releases, fires, or explosions involving +hazardous materials; and +            (ii)   consequences of an unsafe condition involving hazardous +materials during normal operations or in the event of an abnormal condition. +         (B)   The operator shall comply at all times with the hazardous +materials management plan, the hazardous materials inventory statement, and the +material safety data sheets. +         (C)   The hazardous materials management plan, the hazardous materials +inventory statement, and all material safety data sheets must be kept current. +         (D)   A copy of the current hazardous materials management plan, the +hazardous materials inventory statement, and all material safety data sheets +must be kept on the operation site at all times. +         (E)   Updates to the hazardous materials management plan and the +hazardous materials inventory statement must be submitted to the gas inspector, +the fire chief, and the fire marshal within two business days after any +additions, modifications, or amendments are made. +         (F)   If a hazardous material that is not identified on a material +safety data sheet filed with the fire department is being introduced to the +operation site, a new or updated material safety data sheet must be provided to +the fire department and the gas inspector at least seven days in advance of the +hazardous materials being introduced onto the operation site. +         (G)   If hazardous materials are removed from the operation site or +quantities have changed from a previously submitted material safety data sheet, +updated copies of the material safety data sheets must be provided to the fire +department and gas inspector within two business days. +         (H)   All chemicals and hazardous materials must be stored in +accordance with the hazardous materials management plan and in such a manner as +to prevent release, contain, and facilitate rapid remediation and cleanup of +any accidental spill, leak, or discharge of a hazardous material. +         (I)   Containers must be properly labeled in accordance with federal, +state, and local regulations. +         (J)   The operator shall take all appropriate pollution prevention +actions, including raising chemicals and other materials above grade (for +example, placing chemicals and other materials on wood pallets); installing and +maintaining secondary containment systems; and providing adequate protection +from storm water and other weather events. +      (5)   Cleanup after spills, leaks, and malfunctions. +         (A)   After any spill, leak, or malfunction, the operator shall +remove, to the satisfaction of the fire marshal, the gas inspector, and the +office of environmental quality all waste materials from any public or private +property affected by the spill, leak, or malfunction. Cleanup operations must +begin immediately. +         (B)   If the operator fails to begin cleanup operations immediately, +the city may: +            (i)   contact the Texas Railroad Commission to facilitate the +removal of all waste materials from the property affected by the spill, leak, +or malfunction; or +            (ii)   employ any cleanup experts, other contractors, suppliers of +special services, or may incur any other expenses for labor and material that +the gas inspector deems necessary to clean up the spill, leak, or malfunction. +         (C)   The operator shall reimburse the city for any expenses incurred +in cleanup operations. +      (6)   Depositing materials. The operator shall not deposit any substance +(oil, naphtha, petroleum, asphalt, brine, refuse, wastewater, etc.) into or +upon a right-of-way, storm drain, ditch, sewer, sanitary drain, body of water, +or public or private property. +      (7)    Erosion control practices. Berms that are at least one-foot high +and two-feet wide, or equivalent erosion devices, must be installed to prevent +lot-to-lot drainage. Any damages to adjacent properties from sedimentation or +erosion must be repaired immediately. +      (8)    Flood plain. All gas drilling and production operations must +comply with the flood plain regulations in +Article V. +      (9)   Water. +         (A)   The operator shall set surface casing in accordance with state +and local rules and regulations to ensure groundwater protection. +         (B)   The operator shall: +            (i)   give the gas inspector 72- hour’s notice before setting the +well casing; +            (ii)   allow access to the operation site during surface casing +installation; and +            (iii)   allow access to all relevant reports associated with the +setting of the surface casing. +   (g)   Fresh-water fracture ponds. +      (1)   In general. +         (A)   Fresh-water fracture ponds are permitted on an operation site. +         (B)   Except as otherwise provided in this subparagraph, additives, +oil and gas waste by-products, and salt water are not permitted in a fresh- +water fracture pond. Vector control additives are permitted in a fresh-water +fracture pond. +         (C)   The fresh-water fracture pond must permanently hold sufficient +water to prevent a nuisance or vector control problem. +         (D)   The fresh-water fracture pond must comply with the Drainage +Design Manual of the city of Dallas and all other city, state, and federal +rules and regulations. +         (E)   Artificial liners are not permitted. +         (F)   Fresh-water fracture ponds must be maintained in a manner using +best management practices to ensure the integrity of the fresh-water fracture +pond. For purposes of this subparagraph, “best management practices” means +structural, nonstructural, and managerial techniques that are recognized to be +the most effective and practical means to control water storage in open pits in +an urban or suburban setting. +      (2)   Removal and restoration. +         (A)   Removal. +            (i)   The operator shall remove the fresh-water fracture pond from +the operation site within five years after the date the first gas well permit +is issued. The operator may apply for a one-time, two-year extension from the +gas inspector. +            (ii)   The request for an extension must be made to the gas +inspector in writing at least six months before the fifth year from the date +the first gas well permit was issued. +            (iii)   The gas inspector must approve or deny the extension within +45 days after receiving the extension request. +            (iv)   As a condition of approval of the extension, the gas +inspector may require additional measures, as necessary, to minimize the impact +of continued use of the fresh-water fracture pond, associated with the drilling +activities, upon neighboring properties. +            (v)   The gas inspector must approve the extension if the fresh- +water fracture pond will not adversely impact the neighboring properties or if +additional measures required eliminate the reasons for denial. +            (vi)   If the gas inspector denies the request for a one-time two- +year extension, the gas inspector must provide the operator with a written +explanation of the reasons for denial within 30 days. +            (vii)   The operator has the right to appeal to the permit and +license appeal board in accordance with +Article IX of +Chapter 2 of the Dallas City Code. +         (B)   Restoration. The operator is responsible for: +            (i)   removing the fresh-water fracture pond; +            (ii)   grading, leveling, and restoring the area to the same +surface condition, as nearly as practicable, that existed before the fresh- +water fracture pond was constructed; and +            (iii)   restoring the vegetation in accordance with the landscape +design provided in the fresh-water fracture pond design plan. +   (h)   Fracturing. +      (1)   Notice. +         (A)    The operator shall send written notice to the gas inspector of +the operator’s intent to begin fracturing. The notice must identify the well +and estimate the duration of fracturing. The written notice to the gas +inspector must be provided at least 15 days before fracturing begins. +         (B)   If the operation site is located within 1,500 feet of a +protected use, measured from the boundary of the operation site in a straight +line without regard to intervening structures or objects to the nearest +protected use, the operator shall post a sign adjacent to the main gate of the +operation site informing the public when fracturing will begin and the +estimated duration of fracturing. This sign must be posted at least 10 days +before fracturing begins. +         (C)   The operator, at his own expense, shall provide written +notification of the date that fracturing will begin and the estimated duration +of fracturing to each property owner and registered neighborhood association +within 1,500 feet of the boundary of the operation site, measured from the +boundary of the operation site in a straight line without regard to intervening +structures or objects to the nearest protected use, as shown by the current tax +roll. The written notification must be sent by United States mail at least 10 +days before fracturing begins. +      (2)   Tracing or tagging additives. +         (A)   The operator shall add non-radioactive tracing or tagging +additives into all fracturing fluids used on an operation site. +         (B)   The operator shall provide the formula identifying the non- +radioactive tracing or tagging additives in writing as part of the hazardous +materials management plan. +         (C)   The fracturing fluid non-radioactive tracing or tagging +additives must be unique for each operation site. +         (D)   If the operator changes or amends the non-radioactive tracing or +tagging additives, the hazardous materials management plan must be amended and +submitted to the fire marshal and the gas inspector at least seven days before +introducing the changed additives onto the operation site. +   (i)    Glare. The operator shall comply with the glare regulations in +Section +51A-6.104. +   (j)   Hours of operation. +      (1)   Construction activities. Except as otherwise provided in this +paragraph, construction activities involving excavation of or alteration to the +operation site or repair work on any access road may only occur during daytime +hours. City council may expand the hours of operations for these construction +activities as part of the required SUP for a gas drilling and production use if +the city council finds that the expanded hours of operation will not adversely +affect nearby properties. +      (2)   Drill stem testing. All open hole formation or drill stem testing +may only occur during daytime hours. Drill stem tests may be conducted only if +the well effluent produced during the test is produced through an adequate gas +separator to storage tanks and the effluent remaining in the drill pipe is +flushed to the surface by circulating drilling fluid down the annulus and up +the drill pipe before the tool is closed. +      (3)   Fracturing. +         (A)   Except as otherwise provided in this subparagraph, fracturing +activities may only occur during daytime hours. In an emergency situation, the +gas inspector may expand the hours of operation for fracturing activities until +the emergency is resolved. +         (B)   Flowback operations may occur 24 hours per day. +      (4)   Loudspeakers. Unless required by state or federal laws or +regulations, loudspeakers are permitted during daytime hours only. +      (5)   Reworking. Except as otherwise provided in this paragraph, +reworking or work-over operations may only occur during daytime hours. In an +emergency situation, the gas inspector may expand the hours of operation for +the reworking or work-over operations until the emergency is resolved. +      (6)   Truck traffic. Except as otherwise provided in this paragraph, +truck deliveries and removal of equipment and materials associated with +drilling, fracturing, or production, well servicing, site preparation, or other +related work conducted on the operation site may only occur during daytime +hours. In cases of fires, blowouts, explosions, other emergencies, or where the +delivery of equipment is necessary to prevent the cessation of drilling or +production, truck deliveries and removal of equipment may occur 24 hours a day. +  +   (k)   Hydrogen sulfide. If a gas or oil field is identified as a hydrogen +sulfide field in accordance with the Texas Railroad Commission, Texas +Commission on Environmental Quality, or the Environmental Protection Agency +rules and regulations, or if a well is producing hydrogen sulphide gas in +excess of applicable Texas Railroad Commission, Texas Commission on +Environmental Quality, or the Environmental Protection Agency rules and +regulations, the operator shall stabilize and immediately cease operation of +that well or facility. +   (l)    Incident reports. +      (1)    Reporting. The operator shall immediately notify the gas inspector +and fire marshal of incidents occurring on the operation site, including +blowouts, fires, spills, leaks, or explosions; incidents resulting in injury, +death, or property damage; or incidents resulting in product loss from a +storage tank or pipeline. +      (2)    Written summary of incident. The operator shall give a written +summary of the incident to the gas inspector and fire marshal by 5:00 p.m. on +the first business day after the incident. +      (3)    Follow-up report. The operator shall give a follow-up report to +the gas inspector and fire marshal within 30 days after the incident. The +follow-up report must be signed and dated by the operator or the operator’s +representative and must include: +         (A)   the operator’s name and location of the operation site; +         (B)   the phone number, address, and e-mail address of the person with +supervisory authority over the operation site; +         (C)   a description of the incident, including the time, date, +location, and cause of the event; +         (D)   the duration of the incident (an incident ends when it no longer +poses a danger to persons or property); +         (E)   an explanation of how the incident was brought under control and +remedied; and +         (F)    a full description of any internal or external investigations +or inquiries related to the incident, the findings of those investigations or +inquiries, and the actions taken as a result of those findings. +   (m)    Noise. +      (1)    Conflicts. Except as otherwise provided in this subsection, the +noise regulations in Section +51A-6.102 apply. +      (2)   Pre-drilling noise levels. +         (A)   Before the gas well permit may be issued, the operator shall +establish and report to the gas inspector the continuous 72-hour pre-drilling +ambient noise levels. +         (B)   The 72-hour time span must include at least one, 24-hour reading +during either a Saturday or Sunday. The timeframe for this noise study must be +designed to avoid the influence of wind interference on the noise study. +         (C)   The operator shall submit a proposed ambient noise level study +plan to the gas inspector for approval before conducting the noise study. The +proposed noise level study plan must contain a proposed testing schedule and +other details as required by the gas inspector. +         (D)   The gas inspector shall determine if subsequent noise studies +are needed to reevaluate ambient noise conditions. +         (E)   The operator is responsible for all costs and fees associated +with establishing and reporting the continuous 72-hour pre-drilling ambient +noise levels. +      (3)    Noise levels. An operator may not drill, re-drill, or operate any +equipment in such a manner so as to create any noise that causes the exterior +noise level, when measured at the nearest property line of the tract upon which +the nearest protected use or habitable structure is located, or at a point that +is 100 feet from the nearest protected use or habitable structure, whichever is +closer to the well, to: +         (A)   exceed the ambient noise level by more than: +            (i)    10 dB during fracturing operations; +            (ii)   five dB during daytime hours that do not include fracturing +operations; and +            (iii)   three dB during all other hours; +         (B)   create pure tones where one-third octave band sound-pressure +level in the band with the tone exceeds the arithmetic average of the sound- +pressure levels of two contiguous one-third octave bands by: +            (i)   five dB for center frequencies of 500 hertz and above; +            (ii)   eight dB for center frequencies between 160 and 400 hertz; +and +            (iii)   15 dB for center frequencies less than or equal to 125 +hertz; or +         (C)   create low-frequency outdoor noise levels that exceed the +following dB levels: +            (i)   16 hertz octave band: 65 dB; +            (ii)   32 hertz octave band: 65 dB; and +            (iii)   64 hertz octave band: 65 dB. +      (4)   Adjustments. +         (A)   Adjustments to the noise regulations in this subsection are +permitted intermittently as follows: +  +Permitted increases (dBA) Duration of increase in minutes (cumulative during + any 1 hour period) +5 15 +10 5 +15 1 +20 Less than 1 +  +         (B)   The time period of monitoring will be continuous over a minimum +of one hour and will use the A-weighting network reported in decibel units. +Data must be recorded and reported as Leq, which means an average measure of +continuous noise that has the equivalent acoustic energy of the fluctuating +signal over the same period. +      (5)   Continuous monitoring. +         (A)   If a proposed gas well is within 1,500 feet of a protected use, +measured from the gas well in a straight line, without regard for intervening +structures or objects, to the closest protected use, the operator shall comply +with the following additional noise abatement measures: +            (i)   Exterior noise levels, including pure tone and low frequency +data, must be continuously monitored to ensure compliance. The continuous noise +level monitoring data must also include an audio recording to help identify the +source of sound level spikes throughout the logging period. +            (ii)   The continuous noise monitoring equipment must be capable of +wireless transmission of real-time noise and audio data. Access to this real- +time data must be made available to the gas inspector. +            (iii)   The noise readings must also be submitted to the gas +inspector on a weekly basis in an electronic format or other format specified +by the gas inspector. The weekly report must contain all noise data, including +pure tone and low frequency readings. The report must state whether the +operation site is in compliance with the noise requirements in this subsection +and Section +51A-6.102. +         (B)   If the report indicates that the operation site is not in +compliance with the noise regulations in this subsection or Section +51A-6.102, the report must state the measures that are being taken to bring the +operation site into compliance and the timeframe for implementing these +remedial measures. +         (C)   The operator is responsible for all costs and fees associated +with all continuous noise monitoring. +         (D)   Continuous monitoring must occur at: +            (i)   the protected use property line or 100 feet from the nearest +protected use, whichever is closer to the noise source; or +            (ii)   a location approved by the gas inspector. +      (6)   Blankets and other noise reduction methods. +         (A)   When required. If a gas well is within 2,000 feet of a protected +use, measured from the gas well in a straight line, without regard for +intervening structures or objects, to the closest point of the protected use, +the operator shall provide noise reduction blankets along the perimeter of the +operation site that faces the protected uses. +         (B)   Height. Minimum height for a noise reduction blanket is 30 feet, +except that the city council may reduce the minimum noise reduction blanket +height as part of the SUP for a gas drilling and production use if the city +council determines that the proposed noise mitigation at the perimeter of the +operation site is adequate. +         (C)   Materials. +            (i)   Noise reduction blankets must be constructed of a fire- +retardant material approved by the fire marshal. +            (ii)   The gas inspector may require the operator to use noise +reduction blankets that meet a standard of sound transmission class (STC) 30 or +greater when necessary. +         (D)   Timeframe. +            (i)   Except as otherwise provided in this paragraph, if drilling, +fracturing, or well completion operations cease for a period longer than 90 +days, the operator shall immediately remove all perimeter noise blankets and +all supporting structures. The gas inspector may grant a one-time, 30-day +extension per well. +            (ii)   The gas inspector may waive the 90-day removal requirement +for an operation site that has sufficient natural, vegetative, or topographical +screening that prevents the view of the perimeter noise reduction blankets from +city streets or protected uses. +            (iii)   To ensure compliance with the noise reduction blanket +removal requirements, the operator shall provide written notice to the gas +inspector within 48 hours after ceasing drilling, fracturing, or well +completion operations. +         (E)   Other noise reduction methods. +            (i)   Acoustic blankets, sound walls, mufflers, or other methods of +noise mitigation may be used to ensure compliance with this subsection and +Section +51A-6.102. +            (ii)   Additional methods of noise mitigation must be approved by +the gas inspector. +            (iii)   All soundproofing must comply with accepted industry +standards and is subject to approval by the fire marshal. +   (n)    Periodic updates and reports. +      (1)    Required updates. +         (A)   Except as otherwise provided in this division, other city +ordinances, or an SUP, the operator shall notify the gas inspector in writing +of any changes to the following information within seven days after the changes +are made: +            (i)    the name, address, or phone number of the operator; and +            (ii)    the name, address, or phone number of the person designated +to receive notices from the city. +         (B)   Except as otherwise provided in this division, other city +ordinances, or an SUP, the operator shall notify the gas inspector in writing +within one business day of any changes to the name, address, or 24-hour phone +number of the person with supervisory authority over the gas drilling or +production operation site. +         (C)   Except as otherwise provided in this division, other city +ordinances, or an SUP, if the conditions on the operator site or the operations +of the gas drilling and product use change or any other updates or changes are +made that are not reflected on a required plan, the operator shall provide an +update to each affected plan to the gas inspector within 30 days of the change. +         (D)   The operator shall submit a yearly written report to the gas +inspector identifying any other changes to the information provided in the gas +well permit application not previously reported to the city. +         (E)   The operator shall notify the gas inspector in writing that a +well has been completed within 72 hours after completion. +      (2)   Reports. +         (A)   The operator shall give the gas inspector a copy of any +complaint submitted to the Texas Railroad Commission within 30 days after the +operator receives notice of the complaint. +         (B)   On a monthly basis, the operator shall give the gas inspector a +copy of any new or amended permits, disclosures, and reports required by the +Texas Railroad Commission and Texas Commission on Environmental Quality. +   (o)    Reworking. +      (1)    At least 10 days before reworking begins, the operator shall send +written notice to the gas inspector of the operator’s intent to rework a well. +The notice must identify the well, describe the activities involved in the +reworking, and estimate the duration of the activities. +      (2)    The operator shall pay the reworking fee before the operator +begins reworking the well. +      (3)    If a well is already abandoned, a new gas well permit is required +to rework. +   (p)   Rights-of-way. For purposes of this subsection, rights-of-way means +those rights-of-way located along the truck routes shown on the operator's +approved transportation plan and incorporated by reference into the gas well +permit. +      (1)   Periodic inspections. The operator shall periodically inspect the +rights-of-way to determine if damage has occurred. +      (2)   City notifying operator. If the department of public works +determines that the rights-of-way have been damaged, the gas inspector shall +notify the operator in writing of the damage. +      (3)   Repairs. The operator shall repair the damage to the rights-of-way +within 10 days after discovering or receiving notice of the damage. Repairs +must be made in accordance with the current standards of the department of +public works. At least two days before making the repairs, the operator shall +notify the department of public works of the operator's intent to begin +repairs. The operator shall have all necessary permits before repairing the +rights-of-way. +      (4)   City making repairs and invoicing operator. +         (A)   If the operator fails to make repairs within 10 days after +discovering or receiving notice of the damage, the director of public works may +make the necessary repairs and invoice the operator. The operator shall pay the +amount due within 30 days after the invoice date. +         (B)   If the director of public works determines that the damages to +the rights-of-way affect the immediate health and safety of the public, the +director of public works may make the repairs without first requesting that the +operator make the repairs. The director of public works shall invoice and the +operator shall pay the amount due within 30 days after the invoice date. +         (C)   If required by state law, the director of public works shall +employ a competitive bidding process before making the repairs to the rights- +of-way. +      (5)   Final inspection. After the gas inspector approves the abandonment +and restoration of the operation site, the operator shall notify the director +of public works and request an inspection of the rights-of-way. After +inspection, the director of public works shall notify the operator of any +needed repairs. Repairs must be made in accordance with this article. +   (q)   Security. +      (1)   Personnel. +         (A)   During drilling, fracturing, or reworking of a well, at least +one person designated by the operator must be on the operation site at all +times to oversee the activities and monitor safety. +         (B)   An operator shall provide an off-duty certified peace officer to +direct traffic at the entrance to the operation site when high truck traffic is +accessing the site, including during the construction of the operation site and +fresh-water fracture pond, drilling, fracturing, flowback, and any reworking +activities that requires a rig. The off-duty certified peace officer must +ensure that all traffic entering and exiting the operation site is using the +approved transportation route. A written record must be maintained of any +violators and must be available on-site for inspection by the gas inspector. +      (2)   Security system. Within 10 days of completion of the temporary +perimeter fencing, the operator shall install a fully operational security +system that complies with the Dallas Fire Code and meets the following +requirements. +         (A)   Remotely monitored control access system. The operator shall +install and maintain at all vehicular gates a permitted, remotely monitored +control access system. The control access system must meet the following +requirements: +            (i)   Monitoring. The control access system must be monitored by a +facility capable of monitoring security-related alarm systems and meeting all +required state and federal guidelines. The monitoring facility must be staffed +and operational at all times. +            (ii)   Access control. Gate access must be secured by an access +control system with an unlocking and re-locking mechanism that requires a card, +numeric code, or other identification device for gate operation. The system +must record the identity of the entering party and the date and time of such +entry. +            (iii)   Intrusion detection system. The control access system must +include a gate closure contact sensor that activates when the gate closure +sensor is violated by non-identified access. The control access system must be +equipped to signal a control panel that activates an on-site audible signal and +registers at the monitoring facility when an access breach is detected. +            (iv)   Open gate detection. The control access system must include +an open gate detection alarm that notifies the monitoring facility if the gate +closure sensors, once accessed, are not closed and is reactivated within five +minutes after being opened. +            (v)   Exit sensor. The operator shall equip all gates with a motion +sensor, weight sensor, or other device to unarm the gate for vehicles exiting +the site. +         (B)   Personnel exit gate. An exit-only gate must be installed for +personnel near the vehicular gate entrance. +         (C)   Response to alarms. +            (i)   The operator shall obtain an alarm permit for the alarm +system from the police department in accordance with the city’s alarm +ordinance. +            (ii)   The monitoring facility must notify the operator and the +police department in case of a security breach at the operation site. +            (iii)   The operator shall respond on-site with an authorized +representative within 45 minutes after notification of an alarm. +            (iv)   The gas inspector may suspend the gas well permit if more +than 20 false alarms occur at an operation site in any calendar year. +         (D)   Automated audible alarm system. The operator shall install and +maintain an audible alarm system at each operation site to provide warnings in +case of a substantial drop in pressure, fire, or the release of any gas or oil. +      (3)   Security cameras. +         (A)   The operator shall at all times after the temporary perimeter +fence is installed have: +            (i)   an adequate number of 24-hour operating security cameras to +ensure coverage of the operation site, inside the perimeter fence; and +            (ii)   post signs on the perimeter fence indicating that any +activity on the operation site may be recorded by video surveillance. +         (B)   Cameras must be maintained in proper operating condition and +must: +            (i)   capture clear video images of all traffic entering and +exiting the gates; +            (ii)   capture clear video images of all production equipment +located on the operation site; +            (iii)   be equipped with motion detection technology; +            (iv)   be equipped with panning technology to pan immediately to +any motion detected on the operation site; +            (v)   show the date and time of all activity on the video footage; +and + ��          (vi)   be capable of being viewed at a monitoring facility. +         (C)   The operator shall maintain continuous video data for at least +672 hours. Upon request, the operator shall provide to the gas inspector any +recorded views of the fenced area. +         (D)   Data from videos may only be requested by the gas inspector or +law enforcement officials. +   (r)    Signs. All signs must be printed on durable, reflective, waterproof +material. Signs must remain legible until the operation site is abandoned and +restored pursuant to this article. +      (1)    Informational sign. The operator shall prominently display a sign +on the fence adjacent to the main gate that lists the following: +         (A)   well names and numbers; +         (B)   name of the operator; +         (C)   the address of the operation site; +         (D)   the emergency 911 number; +         (E)   the telephone numbers of the two people who may be contacted 24 +hours a day in case of an emergency; and +         (F)   the contact number for the office of the gas inspector. +      (2)    No smoking signs. The operator shall prominently display signs +reading, “Danger, No Smoking Allowed,” in both English and Spanish adjacent to +all gates and any other locations required by the fire marshal. Sign lettering +must be a minimum of four inches in height and be red on a white background or +white on a red background. +   (s)   Spacing. +      (1)   Gas wells. Gas wells must be spaced at least: +         (A)   1,500 feet from any existing fresh-water well; +         (B)   25 feet from any property line; +         (C)   25 feet from any storage tank or source of ignition; +         (D)   75 feet from all rights-of-way; and +         (E)   100 feet from any structure that is not used for the everyday +operation of the well. +      (2)    Tanks and tank batteries. +         (A)   Tanks and tank batteries must be spaced at least: +            (i)   100 feet from any combustible structure; and +            (ii)   25 feet from all rights-of-way and property lines. +         (B)   The Dallas Fire Code may require additional spacing depending on +the size of the tank. +      (3)   Measurement. Spacing is measured from the center of the well bore +at the surface of the ground in a straight line, without regard to intervening +structures or objects, to the closest point of the use, structure, or feature +creating the spacing requirement. +   (t)   Soil. +      (1)   In general. +         (A)   It is an offense to contaminate any soil above regulatory +thresholds and fail to expeditiously remediate the contaminated soil. +         (B)   Except as otherwise provided in this subsection, before any +drilling activities may occur on an operation site, soil sampling must be +conducted by a licensed third-party contractor retained by the city to +establish a baseline study of soil conditions on the operation site and +property within 2,000 feet of the boundary of the operation site. +         (C)   Soil samples must be collected and analyzed using proper +sampling and laboratory protocol set forth by the Environmental Protection +Agency or the Texas Commission on Environmental Quality. The results of the +analyses must be given to the gas inspector with a copy of the report provided +to the operator and other property owners whose soil was sampled. +         (D)   The operator is responsible for the cost and fees associated +with pre-drilling and post-drilling soil sampling collection and analysis. +      (2)   Baseline. +         (A)   The licensed third-party contractor retained by the city must +collect and analyze a minimum of five soil samples at locations across the +operation site with at least two samples at or adjacent to any proposed +equipment to be used on the operation site and analyzed in accordance with this +subsection. +         (B)   If permission to access private property and conduct the +baseline study is granted, a minimum of five soil samples must be collected at +locations across each property located within 2,000 feet of the boundary of the +operation site and analyzed in accordance with this subsection. If permission +to access private property and conduct the baseline study is not granted, a +baseline study of soil conditions is not required for that property. +         (C)   The soil sample baseline study analyses must include: +            (i)   a description of the point samples and GPS coordinates of +each location; +            (ii)   planned equipment above the sampled area, if applicable; +            (iii)   methodology of sample collection; +            (iv)   description of field condition; +            (v)   summary of laboratory data results compared to the minimum +acceptable soil sampling criteria; +            (vi)    copies of all laboratory data sheets; +            (vii)   drawings of sample points; and +            (viii)   analysis of the following: TPH, VOCs, SVOCs, chloride, +barium, chromium, and ethylene glycol. +      (3)   Post-drilling. +         (A)   After the drilling of each well, the licensed third-party +contractor retained by the city must collect and analyze soil samples across +the operation site and analyzed in accordance with this subsection. +         (B)   Additionally, the city, using its licensed third-party +contractor, may conduct soil sampling during inspections to document soil +quality at the operation site. +      (4)   Abandonment. When the operation site is abandoned in accordance +with the Texas Railroad Commission requirements and Section +51A-12.205 and after the equipment for that well is removed from the operation +site, the operator shall collect soil samples of the abandoned operation site +to document that the final conditions are within regulatory requirements. +      (5)   Remediation. If prohibited amounts of a hazardous substance are +found at the operation site, the operator shall remediate the location within +30 days. After the operator remediates the operation site, the city, using its +licensed third-party contractor, must collect and analyze soil samples at +locations on the operation site as are necessary to determine compliance. +   (u)   Storage and vehicle parking. The only items that may be stored and +vehicles that may be parked on the operation site are those that are necessary +to the everyday operation of the well and do not constitute a fire hazard. The +fire department shall determine what constitutes a fire hazard. +   (v)   Vector control. The operator must comply with the vector control plan +approved as part of the gas well permit and all city ordinances, rules, and +regulations regarding mosquito larvae within a fresh-water fracturing pond or +elsewhere on the operation site. (Ord. Nos. 26920; 28424; 29228; 29557; 30239; +30654; 31314) +SEC. 51A-12.205.   ABANDONMENT AND RESTORATION. +   (a)    Abandonment of a well. The operator shall abandon each well after +production has ceased on that well. A well is considered abandoned if the Texas +Railroad Commission approves the abandonment, and the operator provides the gas +inspector with a copy of the Texas Railroad Commission’s approval. +   (b)    Abandonment and restoration of the operation site. The operator shall +abandon and restore the operation site within 60 days after production has +ceased on all wells located on the operation site. An operation site is not +considered abandoned until the gas inspector conducts an inspection of the +operation site and approves the abandonment and restoration. The gas inspector +shall approve the abandonment and restoration of the operation site if: +      (1)   the operation site is restored to its original condition, as nearly +as practicable, in accordance with the surface reclamation plan; +      (2)    all wells located on the operation site are plugged and all well +casings are cut and removed to a depth of at least three feet below surface; +      (3)    all equipment is removed from the operation site; +      (4)   the operator provides the gas inspector with a copy of the Texas +Railroad Commission’s approval of the abandonment for each well located on the +operation site; +      (5)    the abandonment complies with the Dallas Fire Code; and +      (6)   soil sampling has been conducted in accordance with this division +and all required remediation is completed in accordance with state and federal +regulations, this article, and all other city ordinances. +   (c)    Development after abandonment. +      (1)    No building permit may be issued for any construction on or +redevelopment of the operation site until the gas inspector approves the +abandonment and restoration of the operation site. +      (2)    No structure may be built over a vertical shaft of an abandoned +well. (Ord. Nos. 26920; 29228) +Division III. Regulated Pipelines. +SEC. 51A-12.301.   PIPELINE PERMIT. +   (a)   In general. +      (1)   No person may participate or assist in site preparation, +installing, constructing, reconstructing, reworking, modifying, or replacing a +regulated pipeline or any section of a regulated pipeline, without first +obtaining a regulated pipeline permit issued by the city in accordance with +this division. +      (2)   A regulated pipeline permit is required in addition to any permit, +license, or agreement required under this article, other city ordinances, or +state or federal laws. +   (b)   Permit application. A regulated pipeline permit application must be in +writing, signed by the pipeline operator or the pipeline operator’s +representative, and filed with the gas inspector. The pipeline operator shall +provide the following information on a form furnished by the city: +      (1)   the name, business addresses, and telephone numbers of the pipeline +operator; +      (2)   the names, titles, and telephone numbers of the person: +         (A)   signing the application on behalf of the pipeline operator; and +         (B)   designated as the principal contact for the submittal; +      (3)   the person designated as the 24-hour emergency contact; +      (4)   the names, mailing addresses, and telephone numbers of at least two +primary persons, officers, or contacts available on a 24-hour basis and at +least two alternative persons, officers, or contacts to be reached if the +primary contacts are unavailable who: +         (A)   can initiate appropriate actions to respond to an emergency; +         (B)   have access to information on the location of the closest +shutoff valve to any specific point in the city; and +         (C)   can furnish the common name of the material being carried by the +regulated pipeline; +      (5)   the origin point and the destination of the proposed pipeline; +      (6)   a text description of the general location of the proposed +regulated pipeline; +      (7)   the substance to be transported through the proposed regulated +pipeline; +      (8)   a copy of the material safety data sheet; +      (9)   an emergency response plan with procedures that provide for prompt +and effective response to emergencies, including: +         (A)   leaks or releases that can impact public health, safety, or +welfare; +         (B)   fire or explosions at or in the vicinity of a regulated pipeline +or pipeline easement; +         (C)   natural disasters; +         (D)   effective means to notify and communicate information to local +fire, police, and public officials during an emergency; +         (E)   the availability of personnel, equipment, tools, and materials +as necessary at the scene of an emergency; +         (F)   measures to be taken to reduce public exposure to injury and +probability of accidental death or dismemberment; +         (G)   emergency shut down and pressure reduction of a regulated +pipeline; +         (H)   the safe restoration of service following an emergency or +incident; and +         (I)   a follow-up incident investigation to determine the cause of the +incident and require the implementation of corrective measures; +      (10)   engineering plans, drawings, and maps with summarized +specifications showing the horizontal location, covering depths, and location +of shutoff valves for the proposed regulated pipeline; +      (11)   plans showing the location of all proposed lift stations, pumps, +or other service structures related to the regulated pipeline; +      (12)   to the extent the information can be obtained, drawings showing +the location of other regulated pipelines and utilities that will be crossed or +paralleled within 15 feet of the proposed regulated pipeline; +      (13)   a description of the public safety considerations and avoidance, +as far as practicable, of habitable structures, protected uses, and areas where +people congregate; +      (14)   detailed cross-section drawings for all public street rights-of- +way and easement crossings; +      (15)   methods to be used to prevent both internal and external +corrosion; +      (16)   a binder or certificates of all bonds and insurance required in +accordance with this division; +      (17)   a tree survey that complies with +Article X; and +      (18)   a proposed alignment strip map showing the name and address of all +affected property owners. +   (c)   Review of permit applications. +      (1)   The gas inspector shall return incomplete applications to the +pipeline operator with a written explanation of the deficiencies. +      (2)   The gas inspector shall determine whether the regulated pipeline +permit should be issued, issued with conditions, or denied within 45 days after +receiving a complete regulated pipeline permit application. If the gas +inspector fails to make this determination within this specified time, the +regulated pipeline permit application is deemed denied. +      (3)   The gas inspector must issue a regulated pipeline permit if the +application meets the requirement of this division and all other applicable +city ordinances, rules, and regulations and state and federal law. +      (4)   If the application does not meet the requirements of this division +or other city rules or regulations, the gas inspector shall either deny the +application or issue the regulated pipeline application subject to written +conditions if compliance with the conditions eliminates the reasons for denial. +If the gas inspector denies a regulated pipeline permit application, the gas +inspector shall provide the pipeline operator with a written explanation of the +reasons for denial with 30 days. +   (d)   Expiration. A regulated pipeline permit shall expire if the regulated +pipeline has not been completed and the surface restored within two years. The +gas inspector may grant one extension of time not to exceed one year if the gas +inspector determines that weather or other unexpected physical conditions +justify an extension. If the regulated pipeline permit expires, and +construction of the regulated pipeline is not completed, the pipeline operator +shall immediately cease construction and complete any site remediation required +by this division or other applicable law, regulation, or ordinance. +   (e)   Revocation or suspension. +      (1)    If the pipeline operator violates this division or the regulated +pipeline permit, the gas inspector shall give written notice to the pipeline +operator describing the violation and giving the operator a reasonable time to +cure. The time to cure must take into account the nature and extent of the +violation, the efforts required to cure, and the potential impact on public +health, safety, and welfare. The time to cure may not be less than 30 days +unless the violation: +         (A)   could cause imminent destruction of property or injury to +persons; or +         (B)   involves the operator’s failure to take a required immediate +action required by this division. +      (2)    If the operator fails to correct the violation within the +specified time, the gas inspector shall suspend or revoke the gas well permit. +The gas inspector shall also report any violations to the United States +Department of Transportation and Texas Railroad Commission and request that +these agencies take appropriate action. +      (3)    If a regulated pipeline permit is suspended, no person may engage +in any activities permitted under that regulated pipeline permit except for +those necessary to remedy the violation. If the violation is remedied, the gas +inspector shall reinstate the regulated pipeline permit, and the pipeline +operator may resume operations. +      (4)    If a regulated pipeline permit is revoked, the operator shall +obtain a new regulated pipeline permit before resuming operations. +      (5)    If the gas inspector denies, suspends, or revokes a regulated +pipeline permit, the gas inspector shall send the pipeline operator, by +certified mail, return receipt requested, written notice of the decision and +the right to appeal. +      (6)    The operator has the right to appeal to the permit and license +appeal board in accordance with +Article IX of +Chapter 2 of the Dallas City Code. (Ord. 29228) +SEC. 51A-12.302.   INSURANCE. +   (a)   Each person must carry public liability insurance with a carrier rated +“A” or better by A.M. Best in a minimum amount of $1,000,000.00 for one person +and $5,000,000.00 for one accident and property damage insurance in the amount +of $10,000,000.00 for one accident, which shall remain in full force and effect +and be carried so long as the pipeline is operated. +   (b)   Each pipeline operator shall provide and maintain in full force and +effect during the term of its regulated pipeline permit insurance with the +following minimum limits: +      (1)   Worker’s compensation at statutory limits. +      (2)   Employer’s liability insurance with the following minimum limits +for bodily injury by: +         (i)   accident, $1,000,000 per each accident; and +         (ii)   disease, $1,000,000 per employee with a per-policy aggregate of +$1,000,000. +      (3)   Commercial general liability coverage, including blanket +contractual liability, products and completed operations, personal injury, +bodily injury, broad form property damage, operations hazard, pollution, +explosion, collapse and underground hazards for $2,000,000 per occurrence and +aggregate policy limit of $2,000,000. +      (4)   Automobile liability insurance (for automobiles used by the +pipeline operator in the course of its performance under the pipeline permit, +including employer’s non-ownership and hired auto coverage) for $2,000,000 +combined single limit per occurrence. +      (5)   Umbrella liability insurance following the form of the primary +liability coverage described in Subsections (a) and (b) and providing coverage +with minimum combined bodily injury (including death) and property damage limit +of $25,000,000 per occurrence and $25,000,000 annual aggregate. Increased +primary liability limits equivalent to the umbrella liability insurance limits +specified will satisfy the umbrella liability insurance requirements. +   (c)   Performance bond or irrevocable letter of credit. +      (1)   Before issuance of a regulated pipeline permit, the pipeline +operator shall submit to the gas inspector a performance bond or irrevocable +letter of credit approved as to form by the city attorney in the amount of +$100,000. +      (2)   The performance bond is effective upon the issuance of the +regulated pipeline permit and must remain in full force and effect until all +work under the terms of the regulated pipeline permit has been completed. +      (3)   The performance bond may be amended to include other permitted +regulated pipelines. (Ord. 29228) +SEC. 51A-12.303.   GENERAL PROVISIONS. +   (a)   A pipeline operator shall design, construct, repair, and maintain all +regulated pipelines in accordance with this division, other city ordinances, +rules and regulations, and state and federal laws. +   (b)   All new and relocated regulated pipelines must be located as near as +practicable to existing regulated pipelines or other utilities unless the +pipeline operator can demonstrate to the gas inspector that the alignment is +infeasible. +   (c)   Nothing in this section grants permission to use any street or other +public rights-of-way, utility easements, or city-owned property. To install, +construct, maintain, repair, replace, modify, remove, or operate a regulated +pipeline on, over, under, along, or across any affected city streets, +sidewalks, alleys, or other city property, the pipeline operator shall obtain +an easement or license. +   (d)   A pipeline operator must: +      (1)   not interfere with or damage existing utilities, including water, +sewer, gas, storm drains, electric lines, or the facilities of public utilities +or franchisees located on, under, or across street or other public rights-of- +way; +      (2)   equip all regulated pipelines with: +         (i)   an automated pressure monitoring system that detects leaks and +shuts off any line or any section of line that develops a leak; or +         (ii)   provide 24-hour pressure monitoring of the regulated pipeline +system that provides immediate notice of any leak to the city’s emergency +response providers; +      (3)   grade, level, and restore the affected property to the same surface +condition, as nearly as practicable, as existed before construction activities +were first commenced within 30 days after completion of the regulated pipeline; +and +      (4)   backfill all trenches and compact such trenches to 95 percent +standard density proctor in eight-inch lifts and construct the regulated +pipeline so as to maintain a minimum depth of ten feet below the finished grade +except in public rights-of-way, where minimum cover to the top of the pipe must +be at least eight feet below the bottom of any adjacent roadside ditch. The gas +inspector may require that sections of proposed regulated pipeline be +constructed at deeper depths based upon future city infrastructure needs. +During the backfill of any regulated pipeline excavations in open cut sections, +the pipeline operator shall bury “buried pipeline” warning tape one foot above +any regulated pipeline to warn future excavators of the presence of a buried +regulated pipeline. The gas inspector may also require that a proposed or +existing regulated pipeline be relocated if it conflict with the proposed +alignment and depth of a gravity dependent utility. +   (e)   When the required pipeline records are submitted to the Texas Railroad +Commission, the pipeline operator shall provide the gas inspector the following +information: +      (1)   Global positioning system (GPS) information sufficient to locate +the regulated pipelines, including the beginning and end points; sufficient +points in between the regulated pipeline route; and the depth of cover +information. This information must be submitted to the gas inspector in a +format compatible with the city’s own GIS system. +      (2)   As-built or record drawings of the regulated pipelines. The +accuracy of the record drawings must meet a survey level of one foot to 50,000 +feet. The scale of the record drawings must be a minimum of one inch to 40 +feet. The drawings must be provided in a digital file format with the location +tied to at least one nearby GPS city monument. If the new regulated pipeline +length exceeds 1,000 feet within the city, the regulated pipeline must be tied +to at least two GPS city monuments. +      (3)   The origin point and the destination of the regulated pipeline. +      (4)   Engineering plans, drawings, and maps with summarized +specifications showing the horizontal location, covering depths, and location +of shutoff valves of the subject regulated pipeline. The drawings must show the +location of other regulated pipelines and utilities that are crossed or +paralleled within 15 feet of the regulated pipeline right-of-way. +      (5)   Detailed cross-section drawings for all public rights-of-ways and +easement crossings on city property as permitted by the city. +      (6)   A list of the names and mailing addresses of all the residents, +property owners, and tenants adjacent to the regulated pipeline construction. +   (f)   Changes in any of the contact information required as part of the +regulated pipeline permit application must be provided to the gas inspector and +the fire marshal before the contact information is changed. (Ord. 29228) +SEC. 51A-12.304.   EMERGENCY RESPONSE PLAN AND INCIDENT REPORTING. +   (a)   The pipeline operator shall maintain and update the emergency response +plan to minimize hazards from an emergency. +   (b)   The pipeline operator shall meet annually with the gas inspector and +fire marshal to review the emergency response plan. +   (c)   At the annual review meeting, +      (1)   the pipeline operator shall: +         (A)   provide or update a copy of the emergency response plan; +         (B)   review the responsibilities of each governmental organization in +response to an emergency or incident; +         (C)   review the capabilities of the pipeline operator to respond to +an emergency or incident; +         (D)   identify the types of emergencies or incidents that will result +in or require contacting the city; and +         (E)   plan mutual activities that the city and the pipeline operator +can engage in to minimize risks associated with pipeline operation; and +      (2)   the city shall provide the pipeline operator with a list of +additional contacts that must be made if a pipeline emergency or incident +occurs. The city will inform the pipeline operator of the emergency response +groups that will be contacted through 911. +   (d)   Upon discovering a pipeline emergency or incident, any affected +pipeline operator shall, as soon as practical, communicate to the city’s 911 +system the following information: +      (1)   a general description of the emergency or incident; +      (2)   the location of the emergency or incident; +      (3)   the name and telephone number of the person reporting the emergency +or incident; +      (4)   the name of the pipeline operator; +      (5)   whether any hazardous material is involved and identification of +the hazardous material; and +      (6)   any other information as requested by the emergency dispatcher or +other official at the time of reporting the emergency or incident. +   (e)   Each pipeline operator shall equip and maintain a regulated pipeline +containing natural gas with hydrogen sulfide in concentrations of more than 100 +parts per 1,000,000,000 with an audible alarm system that will provide notice +to the general public in the event of a leak. The audible alarm system must be +of a type and design approved by the gas inspector. +   (f)   A pipeline operator shall report to the gas inspector all nonemergency +incidents involving well safety or integrity by completing an incident report +on a form furnished by the city. Incident reports must be filed by the pipeline +operator within 24 hours after discovering the incident. (Ord. 29228) +SEC. 51A-12.305.   MARKERS. +   (a)   The pipeline operator is responsible for maintaining markers in +accordance with this section and state and federal laws. +   (b)   The location of all new or replacement pipe and regulated pipeline +must be marked by the pipeline operator or the person installing or operating +the regulated pipelines as follows: +      (1)   Marker signs must be placed at all locations where pipe or +regulated pipelines cross property boundary lines and at each side of a public +rights-of-way or private street that the regulated pipeline crosses. +      (2)   The top of all marker signs must be a minimum of four feet above +ground level; the support post must be sufficient to support the marker sign; +and the markers must be painted yellow or another color approved by the +director of the department of transportation. +      (3)   All marker signs must be a minimum of 12 inches square and must be +marked as “gas pipe line.” +      (4)   All marker signs must contain the name of the pipeline operator and +a 24-hour local contact number. +      (5)   Regulated pipelines must be marked along their entire length with a +buried metal wire and metallic flag tape. +      (6)   All signs must also contain an 811 designation “call before you +dig” statement. +      (7)   The pipeline operator shall annually replace signage that has been +lost, damaged, or removed. (Ord. 29228) +SEC. 51A-12.306.   ONE-CALL SYSTEM. +   (a)   A pipeline operator shall be a member in good standing with the one- +call system or other approved excavation monitoring system as required by state +law. +   (b)   A pipeline operator shall contract for service with the selected +underground utility coordinating system for a minimum of five years unless +there is an agreement between the pipeline operator and the city to change to +an alternate system. The pipeline operator shall maintain the contract for +services without interruption for the life of the regulated pipeline permit. +(Ord. 29228) +SEC. 51A-12.307.   PIPELINE INFORMATION REPORTING REQUIREMENTS. +   (a)   The pipeline operator must file with the gas inspector an annual +verified report in letter form on or before June 30 of each year to cover the +reporting period of June 1 through May 31. The annual report must include the +following information: +      (1)   A statement that the regulated pipeline has no outstanding safety +violations as determined in an inspection or audit by either the Texas Railroad +Commission or the United States Department of Transportation. +      (2)   If any safety violations, as determined by the Railroad Commission +or the United States Department of Transportation, have not been corrected, the +violations must be reported and an action plan to correct the safety violations +must be provided. The action plan must include a timeline for corrective action +and the individual or firm responsible for each action. +      (3)   If the pipeline operator has no reporting responsibility to the +Texas Railroad Commission or the United States Department of Transportation and +is otherwise exempt from the safety regulations of either agency, the following +documents pertaining to the preceding reporting period of June 1 through May +31: +         (A)   copies of internal reports of responses to pipeline emergencies; +         (B)   current operations and maintenance logs; and +         (C)   current emergency action plan. +      (4)   Evidence that the pipeline operator has current liability insurance +in accordance with this division. +      (5)   A statement that the regulated pipeline information provided is +correct. If the information provided is no longer correct, updated or corrected +information. +   (b)   The pipeline operator must, upon the request by the gas inspector, +make available a log of all the maintenance and monitoring activities conducted +on all pipelines subject to this division for the reporting period must be made +available upon request by the gas inspector. +   (c)   The pipeline operator shall file a copy of all initial or follow-up +reports provided to the Texas Railroad Commission and the United States +Department of Transportation on unsafe pipeline conditions, pipeline +emergencies, or pipeline incidents with the gas inspector. The pipeline +operator shall file with the gas inspector any initial or follow-up reports +filed with state and federal regulatory agencies regarding pipeline releases +concurrently with the city. (Ord. 29228) +SEC. 51A-12.308.   PUBLIC EDUCATION. +   All pipeline operators must annually provide affected landowners, public +officials, and emergency providers with appropriate public awareness +information in accordance with 49 CFR 192.616 and 195.440. (Ord. 29228) +SEC. 51A-12.309.   REPAIRS AND MAINTENANCE. +   (a)   All repairs and maintenance of pipelines must be performed in +accordance with the United States Department of Transportation and Texas +Railroad Commission mechanical integrity requirements. +   (b)   A pipeline operator shall protect, maintain in a state of good repair +and condition, and regularly paint all pipeline risers and appurtenances +related to pipeline construction and operations that are composed of materials +generally protected or painted. +   (c)   If non-emergency repairs require excavation of a regulated pipeline, +the pipeline operator shall provide written notice to the residents, property +owners, and tenants within 500 feet, measured from the centerline of the +pipeline to be excavated, at least five days before beginning the repairs. +   (d)   If above-ground non-emergency repairs that are not routine maintenance +are required, the pipeline operator shall provide written notice to the +residents, property owners, and tenants within 500 feet, measured from the +centerline of the pipeline section to be repaired, at least five days before +beginning the repairs. The written notice must be: +      (1)   sent by United States mail, postage prepaid, at least five days +before beginning any non-emergency repair; or +      (2)   hand-delivery at least three days before beginning the non- +emergency repairs. (Ord. 29228) +SEC. 51A-12.310.   NO ASSUMPTION OF RESPONSIBILITY BY CITY. +   Nothing in this division shall be construed as an assumption by the city of +any responsibility of a pipeline operator of a pipeline not owned by the city, +and no city officer, employee, or agent has the authority to relieve a pipeline +operator of their responsibility under this division or by any other law, +ordinance, rule, or regulation. (Ord. 29228) +SEC. 51A-12.311.   ABANDONED PIPELINES. +   (a)   All regulated pipelines must be maintained in an active condition +unless abandoned in accordance with state and federal regulations. +   (b)   Within 60 days after the pipeline becomes idle or inactive, a pipeline +must be purged and plugged. +   (c)   The pipeline operator shall notify the gas inspector in writing within +30 days after a pipeline is abandoned. Within 60 days after abandonment, the +regulated pipeline must be purged and plugged. +   (d)   To reactivate an abandoned pipeline, the pipeline operator shall apply +for a new regulated pipeline permit in accordance with this division. +   (e)   A reactivated regulated pipeline must be pressure tested for integrity +and compliance with the Texas Railroad Commission and the United States +Department of Transportation regulations. A regulated gas permit application to +reactivate an abandoned pipeline must include the results of the pressure +testing. (Ord. 29228) +Division IV. Violations. +SEC. 51A-12.401.    VIOLATIONS. +   (a)    A person is criminally responsible for a violation of this article if +the person: +      (1)    refuses the gas inspector access to an operation site or a +regulated pipeline; +      (2)    fails to comply with a gas inspector’s orders; or +      (3)    fails to comply with any provision of this article. +   (b)    A person who knowingly violates any provision of this article is +guilty of a separate offense for each day or portion of a day during which the +violation is continued. Each offense is punishable by a fine of $2,000. This +fine shall be doubled for the second conviction of the same offense within any +24-month period and trebled for the third and subsequent convictions of the +same offense within any 24-month period. See Section +51A-1.103 for additional provisions on enforcement. (Ord. Nos. 26920; 29228) +ARTICLE XIII. +FORM DISTRICTS. +Division 51A-13.100. +General Provisions. +SEC. 51A-13.101.   PURPOSE. +   (a)   The purpose of this article is to provide an additional tool for the +implementation of forwardDallas!. This article is not intended to preclude the +use of planned development districts. +   (b)   This article is intended to create walkable urban neighborhoods where +higher-density mixed uses and mixed housing-types promote less dependence on +the automobile. +   (c)   These areas are intended to transition successfully to existing +neighborhoods through the judicious mapping of permitted districts. +SEC. 51A-13.102.   APPLICABILITY. +   The following provisions in Chapter 51A apply to this article: +      (1)   Article I, “General Provisions.” +      (2)   Article II, “Interpretations and Definitions.” +      (3)   Article III, “Decisionmaking and Administrative Bodies.” +      (4)   The following provisions of Article IV, “Zoning Regulations”: +         (A)   Section +51A-4.101, “New Zoning Districts Established.” +         (B)   Section +51A-4.103, “Zoning District Map.” +         (C)   Section +51A-4.104, “Zoning District Boundaries.” +         (D)   Section +51A-4.105, “Interpretation of District Regulations.” +         (E)   Portions of Sections +51A-4.201 through +51A-4.217 of Division 51A-4.200, “Use Regulations,” as follows: +            (i)   In the RTN district, the use definitions, parking +requirements, and additional provisions apply. +            (ii)   In the WMU and WR districts, only the use definitions and +additional provisions apply. +         (F)   Section +51A-4.218, “Limited Uses.” +         (G)   Section +51A-4.219, “Specific Use Permit (SUP).” +         (H)   Section +51A-4.220, “Classification of New Uses.” +         (I)   Section +51A-4.221, “Sexually Oriented Businesses.” +         (J)   In the RTN district, the residential parking design standards of +Division 51A-4.300, “Off-Street Parking and Loading Regulations.” +         (K)   In all form districts, the following provisions of Division 51A- +4.300, “Off-Street Parking and Loading Regulations”: +            (i)   Section +51A-4.301(d), “Construction and Maintenance Provisions for Off-Street Parking.” +            (ii)   Section +51A-4.301(e), “Lighting Provisions for Off-Street Parking,” except as modified +in Section +51A-13.601. +            (iii)   Section +51A-4.301(h), “Residential Alley Access Restrictions for Nonresidential Uses.” +            (iv)   Section +51A-4.304 (d), “Off-Street Stacking Space Regulations.” +            (v)   Section +51A-4.305, “Handicapped Parking Regulations.” +            (vi)   Section +51A-4.306, “Off-Street Parking in the Central Business District” (if the +property is located within the Central Business District). +         (L)   Section +51A-4.411, “Shared Access Development.” +         (M)   Section +51A-4.412, “Residential Proximity Slope.” (N) Section +51A-4.501, “Historic Overlay District.” +         (O)   Section +51A-4.503, “D and D-1 Liquor Control Overlay Districts.” +         (P)   Section +51A-4.504, “Airport Flight Overlay District.” +         (Q)   Section +51A-4.508, “Turtle Creek Environmental Overlay” (if the property is located +within the corridor). +         (R)   Division 51A-4.600, “Regulations of Special Applicability,” +except that the fence height special exception in Section +51A-4.602(a)(6) and the design standards in Section +51A-4.605 do not apply. +         (S)   Division 51A-4.700, “Zoning Procedures,” except that Paragraph +(1) of Section +51A-4.704(c), “Nonconforming Structures,” is replaced by the following text: +“Except as provided in Subsection 51A-4.704(c)(2), a person may renovate, +remodel, repair, rebuild, or enlarge a nonconforming structure if the work does +not cause the structure to become more nonconforming as to building placement, +building height, building facade, garage placement, open space, or landscaping +regulations.” +      (5)   Article V, “Flood Plain and Escarpment Zone Regulations.” +      (6)   Article VI, “Environmental Performance Standards.” +      (7)   Article VII, “Sign Regulations,” except as modified in Section +51A-13.603, “Signs.” +      (8)   Article VIII, “Plat Regulations,” except that Section +51A-8.604(c), “Minor Street Criteria,” does not apply. +      (9)   Article IX, “Thoroughfares.” +      (10)   Article X, “Landscape and Tree Preservation Regulations,” except +for Section +51A-10.110, Sections +51A-10.125(a), (b)(1), (2), (3)(A) and (5) through (7), and Section +51A-10.126. +      (11)   Article XI, “Development Incentives.” +      (12)   Article XII, “Gas Drilling and Production.” +      (13)   Any provision of Chapter 51A specifically stated as applying to +this article. +         (i)   Except as provided in this subparagraph, additions to +nonconforming structures that total 35 percent or less of the floor area +existing when the structure became nonconforming must comply with the use and +placement requirements and the height and elements requirements in Section +51A-13.304 for each development type. +         (ii)   Additions to the nonconforming structure that total 35 percent +or less of the floor area existing when the structure became nonconforming: +            (aa)   are not required to comply with maximum setback +requirements, minimum story requirements, or minimum story height requirements; +            (bb)   are not required to have an entrance on a primary street; +            (cc)   must be constructed within the buildable envelope but are +not required to fill the entire buildable envelope; and +            (dd)   do not trigger compliance with the blocks and street +standards in Section +51A-13.502(a)(2). +         (iii)   An addition to a nonconforming structure that exceeds 35 +percent of the floor area existing when the structure became nonconforming must +comply with Article XIII regulations. +(Am. Ord. 29827, passed 8-15-15) +SEC. 51A-13.103.   CONFLICTS. +   (a)   If there is a conflict between this article and a provision in another +article of this chapter, this article controls. +   (b)   If there is a conflict between a chart or illustration in this article +and the text of this article, the text of this article controls. +Division 51A-13.200. +Definitions. +SEC. 51A-13.201.   DEFINED TERMS. +   In this article, unless the context requires otherwise: +      (1)   ACTIVE USE means a use allowed in the applicable district other +than parking. +      (2)   APARTMENT means a development type as defined in Section +51A-13.304, “Development Types.” +      (3)   ATTIC STORY means habitable or uninhabitable space within a +building situated within the structure of a pitched roof and above the +uppermost regular story. +      (4)   BAIL BONDS means a business that acts as a surety and pledges money +or property as bail for the appearance of a criminal defendant in court. +      (5)   BLANK WALL AREA means any portion of the exterior of a building +that does not include a material change, windows or doors, or columns, +pilasters, or other articulation greater than 12 inches in depth. Blank wall +area is measured horizontally on each story. +      (5.1)   BLOCKFACE means all lots on one side of a street between two +consecutive intersections, measured along the inner edges of each street right- +of-way or pedestrian passage. +      (5.2)   BUILDABLE ENVELOPE means the three dimensional form within which +the horizontal and vertical elements of a structure must be built to comply +with the use and placement requirements and the height and elements +requirements in Section +51A-13.304 for each development type. +      (6)   CHECK CASHING means a business that provides check cashing, payday +cash advance, payroll advance, short-term cash loan, instant payday cash +advance, and short-term money loan services to individuals for a specified fee. +      (7)   CIVIC BUILDING means a development type as defined in Section +51A-13.304, “Development Types.” +      (8)   DEVELOPMENT TYPE means a development type defined by its form and +function in Section +51A-13.304, “Development Types.” +      (9)   DISTRICT PARKING SPACE means a parking space in a parking +management overlay. +      (10)   DOOR YARD means the area between the edge of the sidewalk furthest +from the street and the front building facade. +      (11)   DROP-IN DAY CARE CENTER means a facility providing child care for +children, none of whom are related to the primary caregiver, for short periods +of time. An individual child may receive care in excess of four hours per day, +but may not receive care in excess of a total of 20 hours per week. +      (12)   GENERAL COMMERCIAL means a development type as defined in Section +51A-13.304, “Development Types.” +      (13)   GROUND STORY means the story closest to and above grade along the +street. +      (14)   HALF (½) STORY means an attic story. +      (15)   HARDSCAPE means paving with concrete, stamped concrete, pavers, or +other similar materials, including permeable materials approved by the building +official. +      (15.1)   HORIZONTAL FACADE ARTICULATION means the interval on a primary +or side street facing facade that differentiates the ground story, upper story, +and each additional upper story as applicable. Horizontal facade articulation +includes, but is not limited to, overhangs, shadow lines, change in material, +color, pattern, texture, or any variation of treatments that simulate +individual stories. +      (16)   MANOR HOUSE means a development type as defined in Section +51A-13.304, “Development Types.” +      (17)   MASSAGE PARLOR means any building, room, place, or establishment, +other than a regularly licensed hospital, where manipulated massage or +manipulated exercises are practiced upon the human body by anyone not a duly +licensed physician or chiropractor whether with or without the use of +mechanical, therapeutic, or bathing devices, including Turkish bathhouses. This +use does not include duly licensed beauty parlors or barbershops or a place +wherein registered physical therapists treat only patients recommended by a +licensed physician and operated only under the physician’s direction. +      (18)   MIXED USE PROJECT means a development on one building site with a +combination of residential, civic, place of worship, office, retail, service +and entertainment, commerce, or fabrication uses. +      (19)   MIXED USE SHOPFRONT means a development type as defined in Section +51A-13.304, “Development Types.” +      (20)   OPEN SPACE LOT means a development type as defined in Section +51A-13.304, “Development Types.” +      (21)   PRIMARY STREET means the principal frontage for a building site, +as defined during site plan review. Any street designated with a -SH overlay is +a primary street. +      (22)   REGULATING PLAN means a plan described in Division 51A-13.700, +“Administration.” +      (23)   SERVICE STREET means a service street designated on a regulating +plan or site plan. +      (24)   SIDE STREET means a frontage that is not a primary street, as +defined during site plan review. +      (25)   SINGLE-FAMILY HOUSE means a development type as defined in Section +51A-13.304, “Development Types.” +      (26)   SINGLE-STORY SHOPFRONT means a development type as defined in +Section +51A-13.304, “Development Types.” +      (27)   SITE PLAN means a site plan as required in Section +51A-13.703, “Site Plan Review.” +      (28)   STACKED TOWNHOUSE means Townhouse Stacked. +      (29)   STREET FRONTAGE means that portion of a building that must be +located within the required setback area, expressed as a percentage of lot +width. +      (30)   STREETSCAPE means the area between back of curb and the face of a +building, including the planting zone, sidewalk, and door yard. +      (31)   TATTOO OR BODY PIERCING SHOP means a business which produces an +indelible mark or figure on the human body by scarring or inserting a pigment +under the skin using needles, scalpels, or other related equipment and a +facility where the piercing of body parts, other than ears, is performed for +purposes of allowing the inser- tion of jewelry. +      (32)   TOWNHOUSE means a development type as defined in Section +51A-13.304, “Development Types.” +      (33)   TOWNHOUSE STACKED means a development type as defined in Section +51A-13.304, “Development Types.” +      (34)   TRANSPARENCY means the total area of window and door opening +filled with glass, expressed as a percentage of the total facade area by story, +except that structured parking transparency is not required to be filled with +glass. +      (35)   UPPER STORY means any story above the ground story. +(Am. Ord. 29827, passed 8-15-15; Am. Ord. 30889, passed 6-13-18) +Division 51A-13.300. +District Regulations. +SEC. 51A-13.301.    DISTRICTS ESTABLISHED. +   (a)   Walkable Urban Mixed Use (WMU-3,-5,-8,-12,-20,-40). +      (1)   The Walkable Urban Mixed Use (WMU) districts are intended to +accommodate a mix of compatible uses in close proximity to one another in a +pedestrian-friendly environment. +      (2)   The WMU districts are divided into three intensities: low (WMU-3, - +5); medium (WMU-8, -12); and high (WMU-20, -40). +      (3)   The WMU districts are intended to accommodate a limited set of +development types. (See Section +51A-13.304(a)(1), “Development Types by District.”) +      (4)   Parcels of any size are eligible for a WMU district. There is no +minimum acreage required for an application for WMU zoning. The WMU districts +are intended for locations where a sufficient critical mass of dense, walkable +urban mixed use development exists or is definitely planned. This critical mass +is present when: +         (A)   the surrounding area consists of at least 40 acres of existing +or defi- nitely planned WMU or WR zoning, high density multifamily zoning, +multiple use zoning, or planned development zoning with equivalent +characteristics; +         (B)   the surrounding area consists of at least 25 acres proposed by +an adopted area plan pursuant to forwardDallas! for WMU or WR zoning, high +density multifamily zoning, multiple use zoning, or planned development zoning +with equivalent characteristics; or +         (C)   the applicant demonstrates that the surrounding area is at least +25 acres and is or will be a mix of dense residential, commercial, and other +uses that will achieve the intent of this article for increased walkability, +reduced vehicular trip generation, and reduced parking demand. +      (5)   The WMU districts are intended for use in the vicinity of rail +transit stations, immediately adjacent to the Central Business District, and in +the 23 study areas of the Trin- ity River Comprehensive Plan. These districts +are also appropriate for major job centers and concentrations of multifamily +housing where an area plan pursuant to forwardDallas! has been adopted. +   (b)   Walkable Urban Residential (WR-3,-5,-8,-12,-20,-40). +      (1)   The Walkable Urban Residential (WR) districts are intended to +create residential neighborhoods with mixed housing options in a pedestrian- +friendly environment. +      (2)   The WR districts are divided into three intensities: low (WR-3, - +5); medium (WR-8, -12); and high (WR-20, -40). +      (3)   The WR districts are intended to accommodate a limited set of +development types. (See Section +51A-13.304(a)(1), “Development Types by District.”) +      (4)   Parcels of any size are eligible for a WR district. There is no +minimum acre- age required for an application for WR zoning. The WR districts +are intended for locations where a sufficient critical mass of dense, walkable +urban mixed use development exists or is definitely planned. This critical mass +is present when: +         (A)   the surrounding area consists of at least 40 acres of existing +or defi- nitely planned WMU or WR zoning, high density multifamily zoning, +multiple use zoning, or planned development zoning with equivalent +characteristics; +         (B)   the surrounding area consists of at least 25 acres proposed by +and is part of an adopted area plan pursuant to forwardDallas! for WMU or WR +zoning, high density multifamily zoning, multiple use zoning, or planned +development zoning with equivalent characteristics; or +         (C)   the applicant demonstrates that the surrounding area is at least +25 acres and is or will be a mix of dense residential, commercial, and other +uses that will achieve the intent of this article for increased walkability, +reduced vehicular trip generation, and reduced parking demand. +      (5)   The WR districts are intended for use in the vicinity of rail +transit stations, im- mediately adjacent to the Central Business District, and +in the 23 study areas of the Trinity River Comprehensive Plan. These districts +are also appropriate for major job centers and concentrations of multifamily +housing where an area plan pursuant to forwardDallas! has been adopted. +   (c)   Residential Transition (RTN). +      (1)   The Residential Transition (RTN) district provides single-family +and duplex living intended to serve as a land use transition between the more +intense WMU or WR districts and established single-family neighborhoods. The +RTN district may be a stand- alone district. +      (2)   The RTN district is a low intensity district. +      (3)   This RTN district is intended to accommodate a limited set of +development types with up to two dwelling units per lot. (See Section +51A-13.304(a)(1), “Development Types by District.”) +      (4)   The RTN district must be applied as a buffer of at least half a +block in depth between a proposed WMU or WR district that abuts or is across an +adjoining alley or minor street from any single family neighborhood. +   (d)   Shopfront Overlay (-sh). +      (1)   The Shopfront (-SH) overlay is intended to create pedestrian +shopping streets through the designation of specific street frontages with +development types that support active uses. +      (2)   The -SH overlay may be applied over any WMU or WR district. +      (3)   The -SH overlay is intended to accommodate a limited set of +development types. (See Section +51A-13.304(a)(1), “Development Types by District.”) +      (4)   Where a -SH overlay designation has been applied to a WMU or WR +district, the standards for a mixed use or single-story shopfront development +type apply to at least the first 30 feet of the building measured inward from +the street-facing facade. In a WR district, uses allowed by the -SH overlay +that are not allowed in a WR district may extend no more than the first 50 feet +of the building measured inward from the street-facing facade. +      (5)   Any street designated with a -SH overlay is a primary street. +      (6)   The boundaries of a -SH overlay are not required to follow lot +lines or match parcel boundaries. +      (7)   A shopfront overlay may be designated internal to a site in +anticipation of a planned public or private street. +   (e)   Height Map Overlay (-HM). +      (1)   Purpose. +         The height map (-HM) overlay is intended to modify the height +requirements in the underlying zoning district. The -HM overlay may also be +used to address the potential tunnel effect of tall buildings along roadway +corridors. +      (2)   In General. +         The boundaries of a -HM overlay are not required to follow lot lines +or match parcel boundaries. +      (3)   Height Modifications Required. +         (A)   Reduction of Maximum Height. +            The -HM overlay may reduce the maximum height in any district. +         (B)   Increase of Maximum Height. +            The -HM overlay may increase the maximum height in the WMU-40 and +WR-40 districts. +      (4)   Reduction of Minimum Height Prohibited. +         An -HM overlay may not be used to reduce the minimum height provisions +of Section +51A-13.302(b). +   (f)   Parking Management Overlay (-PM). +      (1)   The Parking Management (-PM) overlay is intended to: +         (A)   address parking needs within a designated area on an area-wide +basis rather than on a parcel-by-parcel basis; +         (B)   establish a parking management program to achieve the most +efficient use of available parking facilities within a designated area; +         (C)   reduce traffic congestion and parking shortages; and +         (D)   encourage joint-use parking facilities. +      (2)   The city council may establish a -PM overlay in accordance with +Section +51A-13.410, “Parking Management Overlay (-PM).” +SEC. 51A-13.302.   HEIGHT. +   (a)   Maximum District Height. +      (1)   Height within a WMU, WR, or RTN district cannot exceed the maximum +height limit below (in feet or stories), except as otherwise provided in this +section. +Intensity District Height in Stories (max) Height in Feet (max) +Intensity District Height in Stories (max) Height in Feet (max) + RTN 2½ 35 +LOW WMU-3, WR-3 3½ 50 + WMU-5, WR-5 5 80 +MEDIUM WMU-8, WR-8 8 125 + WMU-12, WR-12 12 180 +HIGH WMU-20, WR-20 20 300 + WMU-40, WR-40 40 600 +  +      (2)   Single-story shopfront, townhouse stacked, townhouse, manor house, +and single-family house development types have maximum height limits that may +be lower than the district height limits. (See Section +51A-13.304, “Development Types.”) +      (3)   Maximum height may be reduced by a -HM overlay. +      (4)   Height greater than 40 stories or 600 feet in WMU-40 or WR-40 is +allowed through application of the -HM overlay. +   (b)   Minimum District Height. +      (1)   Height within a WMU, WR, or RTN district must meet or exceed the +minimum requirements below (in stories), except as otherwise provided in this +section. +Intensity District Height in Stories (min) +Intensity District Height in Stories (min) + RTN 1 +LOW WMU-3, WR-3 1 + WMU-5, WR-5 1 +MEDIUM WMU-8, WR-8 2 + WMU-12, WR-12 2 +HIGH WMU-20, WR-20 4 + WMU-40, WR-40 5 +  +      (2)   Mixed use shopfront, townhouse stacked, townhouse, and manor house +development types are required to be at least two stories in height regardless +of the minimum district height. (See Section +51A-13.304, “Development Types.”) +      (3)   The minimum height provisions apply to the first 30 feet of the +building measured inward from the street-facing facade on any primary or side +street, except that up to 20 percent of the required street frontage may be +lower than the minimum height for the district. +      (4)   A -HM overlay cannot be used to override the minimum height +provisions of this section. +      (5)   No minimum height requirements apply to civic buildings or open +space lots. +   (c)   Measurement of Height. +      (1)   Except as provided in this paragraph, height is measured as defined +in Section +51A-2.102, “Definitions.” +      (2)   An attic story is considered a half-story and counts toward the +calculation of maximum number of stories. +      (3)   A basement is not considered a story. +      (4)   If a ground story is more than five feet above grade, the space +below that floor counts as an additional story. +   (d)   Story Height. +      (1)   Ground story height is measured from the ground story finished +floor to the top of the ground story horizontal facade articulation break. +      (2)   Upper story height is measured from the top of the ground story +horizontal facade articulation break to the top of each additional upper story +horizontal facade articulation break. +      (3)   At least 80 percent of each story must meet the minimum and maximum +ground- and upper-story height provisions. +   (e)   Height Exceptions. +      (1)   Structures accessory to utility, public service, and institutional +uses may be erected to any height consistent with FAA airspace limitations, +airport flight overlay district regulations, residential proximity slope height +restrictions, and the building code, except that local utility and transmission +and distribution lines and supporting structures are exempt from residential +proximity slope height restrictions. +      (2)   In the RTN district, the following accessory structures may exceed +the district height limits of this section provided they do not exceed the +maximum district height by more than 12 feet: +         (A)   Amateur communications tower. +         (B)   Cooling tower. +         (C)   Clerestory. +         (D)   Chimney and vent stack. +         (E)   Elevator penthouse or bulkhead. +         (F)   Flagpoles. +         (G)   Mechanical equipment room. +         (H)   Ornamental cupola or dome. +         (I)   Parapet wall, limited to a height of four feet. +         (J)   Stairway access to roof. +         (K)   Roof top deck. +         (L)   Skylights. +         (M)   Spires and belfries. +         (N)   Solar panels. +         (O)   Tank designed to hold liquids. +         (P)   Visual screens surrounding roof-mounted mechanical equipment. +         (Q)   Wind turbines and other integrated renewable energy systems. +   (f)   Residential Proximity Slope. +      (1)   Except as provided in this subsection, no portion of a building or +structure over 26 feet in height may be located above the residential proximity +slope as established in Section +51A-4.412. +      (2)   If a parcel of land subject to a height restriction similar to the +residential proximity slope in Section +51A-4.412 is rezoned to a WMU, WR, or RTN district, the city council must adopt +an -HM overlay applicable to the parcel. The -HM overlay and any amendments to +the overlay must provide the same height restrictions applicable to the parcel +before rezoning. +      (3)   Form districts are not sites of origination in the application of +the residential proximity slope regulations of Section +51A-4.412. +(Am. Ord. 30889, passed 6-13-18) +SEC. 51A-13.303.   OPEN SPACE. +   (a)   Definitions. +      (1)   NET LAND AREA means gross land area minus street right-of-way. +      (2)   OFF-SITE OPEN SPACE means open space that is not located on the +building site but is within a quarter of a mile walking distance of the +property. Off-site open space may consist of parks, wildlife preserves, or any +form of open space lot as described in this article. +      (3)   ON-SITE OPEN SPACE means the portion of a building site that is +accessible to all occupants of that building site (or to the general public if +dedicated as public open space) and principally open to the sky but allows for +architectural elements such as colonnades, pergolas, and gazebos. The space +must be a contiguous open area of not less than 10 feet in width or length. +      (4)   OPEN SPACE means off-site and on-site open space. +   (b)   Open Space Required. +      At least eight percent of the net land area of a building site in a form +district must be provided as open space. Compliance with this requirement must +be demonstrated at the time of application for a building permit. +   (c)   Options For Compliance. +      (1)   In General. +         Open space may be provided as a dedication of land to the city, as +private open space, or as a combination thereof. Subject to the limitations of +this section, open space may be located on-site, off-site, or both, and need +not be contiguous. +      (2)   On-site Open Space. +         (A)   On-site open space may be provided at or below grade or above- +ground through the use of an outside roof deck, rooftop garden, pool area, or +similar type of outside common area. No more than 50 percent of the required +on-site open space may be provided as door yards, colonnades, or landscaped +medians. Except for emergency vehicles, on-site open space cannot be parked or +driven upon. +         (B)   On-site open space must be landscaped in accordance with the +following requirements: +            (i)   Plantings must comply with the general landscaping standards +set forth in Section +51A-13.304(a)(2), “Landscaping.” +            (ii)   One large canopy tree must be provided for every 2,500 +square feet of required open space area. Two small canopy trees may be +substituted per re- quired large tree. +            (iii)   Site trees must be evenly distributed throughout the +development. +      (3)   Fee-in-Lieu. +         The open space requirement may be satisfied by the payment of a fee- +in-lieu if the property that is the subject of the requirement is located +within a public improve- ment district or tax increment financing district with +an established open space fund. See Section +51A-10.135(c)(2) for the calculation of the fee-in-lieu amount. +      (4)   Credit. +         A credit of up to 50 percent of the open space requirement is allowed +for existing public open space within a quarter of a mile walking distance of +the building site. +   (d)   Artifical Lot. For building sites over two acres in size, the +artificial lot provisions in Section +51A-10.122 may apply. +(Am. Ord. 29827, passed 8-15-15) +SEC. 51A-13.304.    DEVELOPMENT TYPES. +   (a)   General. +      (1)   Development Types by District. + Mixed Use Single- General Townhouse Manor Single- Civic Open + Shopfront Story Commercial Apartment Stacked Townhouse House Family Building Space + Shopfront House Lot +District Mu Ss Gc Apt Ts Th Mh Sf Civ O + Mixed Use Single- General Townhouse Manor Single- Civic Open + Shopfront Story Commercial Apartment Stacked Townhouse House Family Building Space + Shopfront House Lot +District Mu Ss Gc Apt Ts Th Mh Sf Civ O +Walkable +Urban Mixed +Use (WMU) +Low (WMU-3, ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ ∙ +WMU-5) +Medium +(WMU-8, ∙ ∙ ∙ ∙ ∙ ∙ ∙ +WMU-12) +High (WMU- ∙ ∙ ∙ ∙ ∙ +20, WMU-40) +Walkable +Urban +Residential +(WR) +Low (WR-3, ∙* ∙ ∙ ∙ ∙ ∙ ∙ +WR-5) +Medium (WR- ∙ ∙ ∙ ∙ ∙ +8, WR-12) +High (WR- ∙ ∙ ∙ +20, WR-40) +Residential +Transition ∙ ∙ ∙ ∙ ∙ +(RTN) +Shopfront +(-SH) +Overlay ∙ ∙ ∙ ∙ +over any +WMU or WR +district +* Office and Medical allowed only along thoroughfare +      (2)   Landscaping. +         (A)   In General. +            (i)   Specific landscaping requirements for each development type +are provided in Subsections (b) through (k) of this section. +            (ii)   All street trees must meet the requirements of Section +51A-10.125(b)(4). +            (iii)   All site trees must be a minimum of two inches in caliper +at time of planting and may not be located closer than four feet to any paved +surface (measured from the center of the tree trunk). +            (iv)   All site tree in-ground planting areas must be a minimum of +100 square feet for a large tree and 50 square feet for a small tree. Planters +for large or small trees must be a minimum of 25 square feet. +            (v)   Site trees must be large tree species listed in Section +51A-10.134. Small tree species may be substituted at a rate of two small trees +per required large tree. +            (vi)   Existing healthy site trees may be used to satisfy the site +tree requirements of this section in accordance with Section +51A-10.125(b)(3)(B). Whether a site tree is healthy is a determination made by +the building official. +            (vii)   In the RTN district, at least 50 percent of all required +yards must be landscaped with turf, groundcover, soil, or mulch. +         (B)   Shared Access Developments. +            (i)   One site tree must be provided for every 4,000 square feet, +or portion thereof, within the shared access development, or a minimum of one +site tree must be provided for each individual dwelling unit in the shared +access development, whichever is greater. +            (ii)   Site trees must be evenly distributed throughout the shared +access development. +      (3)   Parking Setbacks and Access. +         (A)   On-site surface parking must be located behind the parking +setback line. +         (B)   The parking setback line applies only to the ground story. +         (C)   Except when configured as a multi-way boulevard or indented +parking, no on-site surface parking is permitted between a building and the +street. (See Division 51A-13.500, “Minor Streets and Streetscapes.”) +         (D)   Structured parking must contain active uses on the ground story +along any -SH overlay or any primary street for the first 30 feet of the +building measured inward from the street-facing facade. There is no active +ground-story use requirement for structured parking along a service street. +         (E)   The requirements of Subparagraphs (A), (B), (C), and (D) above +do not apply to on-street or underground parking. +         (F)   The required street frontage may be interrupted to allow for a +maximum 30-foot-wide vehicular entrance to a parking structure or area. +      (4)   Summary of Development Type Regulations. +         A summary of standards for each development type is shown on the next +page. Specific requirements for each development type are found on the +following pages. The text on the following pages controls over the text in the +summary chart. + Mixed Use Single- General Townhouse Manor Single- Civic Open + Shopfront Story Commercial Apartment Stacked Townhouse House family Building Space + Shopfront House Lot + Mu Ss Gc Apt Ts Th Mh Sf Civ O + Mixed Use Single- General Townhouse Manor Single- Civic Open + Shopfront Story Commercial Apartment Stacked Townhouse House family Building Space + Shopfront House Lot + Mu Ss Gc Apt Ts Th Mh Sf Civ O +LOT +Area per unit depends +or building none none none none 1,200 1,200 on # of 3,500 3,000 2,000 +(min sf ) units +Area per +building (max none none none none none none 20,000 5,000 none none +sf ) +Width (min ft) none none none none 16 16 50 35 30 20 +Width (max ft) none none none none none none 100 45 none none +Lot coverage 100% 80% 80% 80% 80% 80% 60% 60% 60% 5% +(max) +FRONT SETBACK +AREA +Primary street 5/15 5/15 5/15 5/15 5/15 5/15 15/none 15/none 20/none 10/ +(min/max ft) none +Side street 5/15 5/15 5/15 5/15 5/15 5/15 10/none 10/none 10/none 10/ +(min/max ft) none +Service street none none none none none none none none none 10/ +(min/max ft) none +REQUIRED +STREET +FRONTAGE +Primary street 90% 90% 70% 70% 70% 70% none none none none +(min/max ft) +Side street 40% 40% 40% 40% 40% 40% none none none none +(min/max ft) +Service street none none none none none none none none none none +(min/max ft) +PARKING +SETBACK +From primary +street (min 30 30 30 30 30 30 none none 20 none +ft) +From side +street (min 5 5 5 5 5 5 none none 5 none +ft) +From service +street (min 5 5 5 5 5 5 none none 5 none +ft) +Abutting +single-family 10 10 10 10 10 10 none none 10 none +district (min +ft) +Abutting +multifamily, +nonresidential 5 5 5 5 5 5 none none 5 none +district, +alley (min ft) +SIDE SETBACK +Abutting +single-family 15 15 15 15 10 10 10 5 10 10 +district (min +ft) +Abutting +multifamily, +nonresidential 0 or 5 0 or 5 0 or 5 0 or 5 0 or 5 0 or 5 5 5 10 10 +district (min +ft) +Abutting alley 5 5 5 5 5 5 5 5 10 10 +(min ft) +REAR SETBACK +Abutting +single-family 15 15 15 15 24 24 15 15 10 10 +district (min +ft) +Abutting +multifamily, +nonresidential 5 5 5 5 24 24 15 15 10 10 +district (min +ft) +Abutting alley 5 5 5 5 3/20+ 3/20+ 3/20+ 3/20+ 10 10 +(ft) +Abutting +service street 10 10 10 10 3/20+ 3/20+ none none 10 10 +(ft) +HEIGHT +Building +height (min 1 2 2 1 1 none +stories) District District District District +Building dependent dependent dependent dependent District +height (max 1 / 30 3½ / 50 2½ / 35 2½ / 35 dependent 35 +stories/ft) +STORY HEIGHT +Ground story 15/30 15/30 11/22 10/15 10/15 10/15 10/15 10/15 none none +(min/max ft) +Upper story 10/15 none 10/15 10/15 10/15 10/15 10/15 10/15 none none +(min/max ft) +GROUND STORY +TRANSPARENCY +Primary street 50% 50% 30% 30% 30% 30% 20% 20% none none +facade (min) +Side street 25% 25% 25% 25% 25% 25% 20% 20% none none +facade (min) +Service street none none none none none none none none none none +facade (min) +UPPER STORY +TRANSPARENCY +Primary street 20% none 20% 20% 20% 20% 20% 20% none none +facade (min) +Side street 20% none 20% 20% 20% 20% 20% 20% none none +facade (min) +Service street none none none none none none none none none none +facade (min) +ENTRANCE +Primary street required required required required required required required required none none +entrance +Entrance +spacing (max 100 100 none none none none none none none none +linear ft) +Side street allowed allowed allowed allowed allowed allowed allowed allowed none none +entrance +Service street allowed allowed allowed allowed allowed allowed allowed allowed none none +entrance +BLANK WALL +AREA +Primary street +(max linear 20 20 30 30 30 30 30 30 none none +ft) +Side street +(max linear none none none none none none none none none none +ft) +Service street +(max linear none none none none none none none none none none +ft) +  +      (5)   Administrative Waiver — Front Setback Area. +         (A)   The director may grant a deviation from the front setback area +regulations if: +            (i)   the front setback area cannot be met due to interference with +service provided by a public utility or state regulated entity for the +transmission of power, fuel, water, or communication services; or +            (ii)   the front setback area cannot be met due to street +easements. +         (B)   In determining whether to grant a deviation under Subparagraph +(A), the director shall consider whether or not the result of the requested +relief: +            (i)   is consistent with the purposes of Article XIII as stated in +Section +51A-13.101; +            (ii)   will complement or be compatible with the surrounding uses +and community facilities; +            (iii)   will contribute to, enhance, or promote the welfare of the +area of request and adjacent properties; +            (iv)   will not be detrimental to the public health, safety, or +general welfare; and +            (v)   will conform in all other respects to all applicable zoning +regulations and standards. +      (6)   Relief from Required Street Frontage. +         (A)   The city plan commission may approve a site plan at a public +hearing that does not comply with the required street frontage regulations in +this section if: +            (i)   strict compliance with street frontage requirements are +impractical due to site constraints or would result in substantial hardship; +            (ii)   the variation or exception from the street frontage +requirements will not adversely affect surrounding properties; and +            (iii)   the site plan furthers the stated purpose of Article XIII +as described in Section +51A-13.101(b). +         (B)   A site plan that deviates from required street frontage must +follow the public notice procedure with a public hearing in accordance with +Section +51A-4.702(h)(2)(C). +(Am. Ord. 30889, passed 6-13-18) +MU MIXED USE SHOPFRONT +   (b)   Mixed Use Shopfront. +      (1)   Definition. +         A development type intended primarily for ground-story retail and +upper-story residential or offices uses. +         Ground-story spaces should be flexible enough to accommodate a variety +of retail and office uses. Upper stories should be used for offices or +residential apartments. The building must be pulled up to the street. No on- +site surface parking is permitted between the building and the street. On-site +surface parking areas must be located to the rear of the building. Primary +entrances must be prominent and street- facing. Large storefront windows must +be provided to encourage interaction between the pedestrian and the ground- +story space. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9251.png] +      (2)   Character Examples. +         Character examples are provided below for illustrative purposes only +and are intended to be character examples of the development type and not the +streetscape. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9253.png] +      (3)   Districts permitted. +  +LOW: WMU-3, WMU-5 +MEDIUM: WMU-8, WMU-12 +HIGH: WMU-20, WMU-40 +OVERLAY: -SH +  +      (4)   Use and Placement. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9255.png] +BUILDING USE +A summary of permitted uses by story is shown on the left. For a complete list +of permitted uses, see Section +51A-13.306, “Uses.” No nonresidential use is permitted above a residential +use. +BUILDING PLACEMENT +LOT +Area (min sf ) none +Area (max sf ) none +Width (min ft) none +Width (max ft) +Lot coverage (max) 100% +FRONT SETBACK AREA +Primary street (min/max ft) 5/15 +Side street (min/max ft) 5/15 +Service street (min/max ft) none +REQUIRED STREET FRONTAGE +Primary street (min) 90% +Side street (min) 40% +Service street (min) none +PARKING SETBACK +From primary street (min ft) 30 +From side street (min ft) 5 +From service street (min ft) 5 +Abutting residential districts other than multi-family (min ft) 10 +Abutting multifamily or nonresidential district or alley (min ft) 5 +SIDE SETBACK +Abutting residential districts other than multi-family (min ft) 15 +Abutting multifamily or nonresidential district (min ft) 0 or 5 +Abutting alley (min ft) 5 +REAR SETBACK +Abutting residential districts other than multi-family (min ft) 15 +Abutting multifamily or nonresidential district (min ft) 5 +Abutting alley (min ft) 5 +Abutting service street (min ft) 10 +  +      (5)   Height and Elements. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9257.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9259.png] +BUILDING HEIGHT +HEIGHT +Building height (max stories/ft) See Section + 51A-13.302, “Height” +Building height (min stories) +WMU-3, -5 , -8, -12 2 +WMU-20 4 +WMU-40 5 +STORY HEIGHT +Ground story (min/max ft) 15/30 +Upper story (min/max ft) 10/15 +BUILDING FACADE +GROUND-STORY TRANSPARENCY +Primary street facade (min) 50% +Side street facade (min) 25% +Service street facade (min) none +Measured between 0 and 10 ft above adjacent sidewalk. +UPPER-STORY TRANSPARENCY +Primary street facade (min) 20% +Side street facade (min) 20% +Service street facade (min) none +Measured from horizontal facade articulation to horizontal facade +articulation. +ENTRANCE +Primary street required +Entrance spacing (max linear ft) 100 +Side street allowed +Service street allowed +BLANK WALL AREA +Primary street (max linear ft) 20 +Side street (max linear ft) none +Service street (max linear ft) none +  +      (6)   Ground-Story Shopfront Windows. +         A minimum of 60 percent of the street-fronting, street-level window +pane surface area must allow views into the ground-story use for a depth of at +least four feet. Windows must be clear or unpainted, or, if treated, must be +translucent. Spandrel glass or backpainted glass does not comply with this +provision. +SS SINGLE-STORY SHOPFRONT +   (c)   Single-Story Shopfront. +      (1)   Definition. +         A development type intended primarily for single-story retail uses. +         Ground-story spaces should be flexible enough to accommodate a variety +of retail and office uses. The building must be pulled up to the street. No on- +site surface parking is permitted between the building and the street. On-site +surface parking areas must be located to the rear of the building. Primary +entrances must be prominent and street-facing. Large storefront windows must be +provided to encourage interaction between the pedes- trian and the ground-story +space. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9261.png] +      (2)   Character Examples. +         Character examples are provided below for illustrative purposes only +and are intended to be character examples of the development type and not the +streetscape. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9263.png] +      (3)   Districts Permitted. +  +LOW: WMU-3, WMU-5 +OVERLAY: -SH +  +      (4)   Use and Placement. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9265.png] +BUILDING USE +A summary of permitted uses is shown on the left. For a complete list of +permitted uses, see Section +51A-13.306, “Uses.” +BUILDING PLACEMENT +LOT +Area (min sf ) none +Area (max sf ) none +Width (min ft) none +Width (max ft) none +Lot coverage (max) 80% +FRONT SETBACK AREA +Primary street (min/max ft) 5/15 +Side street (min/max ft) 5/15 +Service street (min/max ft) none +REQUIRED STREET FRONTAGE +Primary street (min) 90% +Side street (min) 40% +Service street (min) none +PARKING SETBACK +From primary street (min ft) 30 +From side street (min ft) 5 +From service street (min ft) 5 +Abutting residential districts other than multi-family (min ft) 10 +Abutting multifamily or nonresidential district or alley (min ft) 5 +SIDE SETBACK +Abutting residential districts other than multi-family (min ft) 15 +Abutting multifamily or nonresidential district (min ft) 0 or 5 +Abutting alley (min ft) 5 +REAR SETBACK +Abutting residential districts other than multi-family (min ft) 15 +Abutting multifamily or nonresidential district (min ft) 5 +Abutting alley (min ft) 5 +Abutting service street (min ft) 10 +  +      (5)   Height and Elements. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9267.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9269.png] +BUILDING HEIGHT +HEIGHT +Building height (max stories/ft) 1 / 30 +Building height (min stories) 1 +STORY HEIGHT +Ground story (min/max ft) 15/30 +Upper story (min/max ft) none +BUILDING FACADE +GROUND-STORY TRANSPARENCY +Primary street facade (min) 50% +Side street facade (min) 25% +Service street facade (min) none +Measured between 0 and 10 ft above adjacent sidewalk. +UPPER-STORY TRANSPARENCY +Primary street facade (min) none +Side street facade (min) none +Service street facade (min) none +Measured from horizontal facade articulation to horizontal facade +articulation. +BUILDING ENTRANCE +Primary street required +Entrance spacing (max linear ft) 100 +Side street allowed +Service street allowed +BLANK WALL AREA +Primary street (max linear ft) 20 +Side street (max linear ft) none +Service street (max linear ft) none +  +      (6)   Ground-Story Shopfront Windows. +         A minimum of 60 percent of the street-fronting, street-level window +pane surface area must allow views into the ground-story use for a depth of at +least four feet. Windows must be clear or unpainted, or, if treated, must be +translucent. Spandrel glass or backpainted glass does not comply with this +provision. +      (7)   Landscaping. +         (A)   General landscaping standards are set forth in Section +51A-13.304(a)(2), “Landscaping.” +         (B)   One site tree must be provided for every 4,000 square feet of +lot area, or portion thereof, or a minimum of four site trees must be provided, +whichever is greater. +         (C)   Site trees must be evenly distributed throughout the +development. +GC GENERAL COMMERICAL +   (d)   General Commercial. +      (1)   Definition. +         A development type intended primarily for nonresidential uses. +         Ground-story spaces should be flexible enough to accommodate a variety +of nonresidential uses. Upper stories should be used for offices or other types +of compatible nonresidential uses. The building must be pulled up to the +street. No on-site surface parking is permitted between the building and the +street. On-site surface parking areas must be located to the rear of the +building. Primary entrances must be street-facing. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9271.png] +      (2)   Character Examples. +         Character examples are provided below for illustrative purposes only +and are intended to be character examples of the development type and not the +streetscape. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9273.png] +      (3)   Districts Permitted. +  +LOW: WMU-3, WMU-5 +MEDIUM: WMU-8, WMU-12 +HIGH: WMU-20, WMU-40 +  +      (4)   Use and Placement. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9275.png] +BUILDING USE +A summary of permitted uses is shown on the left. For a complete list of +permitted uses, see Section +51A-13.306, “Uses.” +BUILDING PLACEMENT +LOT +Area (min sf ) none +Area (max sf ) none +Width (min ft) none +Width (max ft) none +Lot coverage (max) 80% +FRONT SETBACK AREA +Primary street (min/max ft) 5/15 +Side street (min/max ft) 5/15 +Service street (min/max ft) none +REQUIRED STREET FRONTAGE +Primary street (min) 70% +Side street (min) 40% +Service street (min) none +PARKING SETBACK +From primary street (min ft) 30 +From side street (min ft) 5 +From service street (min ft) 5 +Abutting residential districts other than multi-family (min ft) 10 +Abutting multifamily or nonresidential district or alley (min ft) 5 +SIDE SETBACK +Abutting residential districts other than multi-family (min ft) 15 +Abutting multifamily or nonresidential district (min ft) 0 or 5 +Abutting alley (min ft) 5 +REAR SETBACK +Abutting residential districts other than multi-family (min ft) 15 +Abutting multifamily or nonresidential district (min ft) 5 +Abutting alley (min ft) 5 +Abutting service street (min ft) 10 +  +      (5)   Height and Elements. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9277.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9279.png] +BUILDING HEIGHT +HEIGHT +Building height (max stories/ft) See Section + 51A-13.302, “Height” +Building height (min stories) +WMU-3, -5 1 +WMU-8, -12 2 +WMU-20 4 +WMU-40 5 +STORY HEIGHT +Ground story (min/max ft) 11/22 +Upper story (min/max ft) 10/15 +BUILDING FACADE +GROUND-STORY TRANSPARENCY +Primary street facade (min) 30% +Side street facade (min) 25% +Service street facade (min) none +Measured from floor to horizontal facade articulation. +UPPER-STORY TRANSPARENCY +Primary street facade (min) 20% +Side street facade (min) 20% +Service street facade (min) none +Measured from horizontal facade articulation to horizontal facade +articulation. +BUILDING ENTRANCE +Primary street required +Entrance spacing (max linear ft) none +Side street allowed +Service street allowed +BLANK WALL AREA +Primary street (max linear ft) 30 +Side street (max linear ft) none +Service street (max linear ft) none +  +      (6)   Landscaping. +         (A)   General landscaping standards are set forth in Section +51A-13.304(a)(2), “Landscaping.” +         (B)   One site tree must be provided for every 4,000 square feet of +lot area, or portion thereof, or a minimum of four site trees must be provided, +whichever is greater. +         (C)   Site trees must be evenly distributed throughout the +development. +         (D)   Required landscaping may be provided aboveground when configured +as on-site open space in accordance with Section +51A-13.303, “Open Space.” +APT APARTMENT +   (e)   Apartment. +      (1)   Definition. +         A development type containing three or more dwelling units +consolidated into a single structure. +         An apartment contains common walls. Dwelling units within a building +may be situated either wholly or partially over or under other dwelling units. +The building must be pulled up to the street. No on- site surface parking is +permitted between the building and the street. On-site sur- face parking must +be located to the rear of the building. The building often shares a common +entrance. Primary entrances must be prominent and street-facing. An elevated +ground floor for residential uses is recommended to ensure privacy. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9281.png] +      (2)   Character Examples. +         Character examples are provided below for illustrative purposes only +and are intended to be character ex- amples of the development type and not the +streetscape. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9283.png] +      (3)   Districts Permitted. +  +LOW: WMU-3, WMU-5 WR-3, WR-5 +MEDIUM: WMU-8, WMU-12 WR-8, WR-12 +HIGH: WMU-20, WMU-40 WR-20, WR-40 +  +      (4)   Use and Placement. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9285.png] +BUILDING USE +A summary of permitted uses is shown on the left. For a complete list of +permitted uses, see Section +51A-13.306, “Uses.” +BUILDING PLACEMENT +LOT +Area (min sf ) none +Area (max sf ) none +Width (min ft) none +Width (max ft) none +Lot coverage (max) 80% +FRONT SETBACK AREA +Primary street (min/max ft) 5/15 +Side street (min/max ft) 5/15 +Service street (min/max ft) none +REQUIRED STREET FRONTAGE +Primary street (min) 70% +Side street (min) 40% +Service street (min) none +PARKING SETBACK +From primary street (min ft) 30 +From side street (min ft) 5 +From service street (min ft) 5 +Abutting residential districts other than multi-family (min ft) 10 +Abutting multifamily or nonresidential district or alley (min ft) 5 +SIDE SETBACK +Abutting residential districts other than multi-family (min ft) 15 +Abutting multifamily or nonresidential district (min ft) 0 or 5 +Abutting alley (min ft) 5 +REAR SETBACK +Abutting residential districts other than multi-family (min ft) 15 +Abutting multifamily or nonresidential district (min ft) 5 +Abutting alley (min ft) 5 +Abutting service street (min ft) 10 +  +      (5)   Height and Elements. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9287.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9289.png] +BUILDING HEIGHT +HEIGHT +Building height (max stories/ft) See Section + 51A-13.302, “Height” +Building height (min stories) +WMU-3, -5 , -8, -12 WR-3, -5, -8, -12 2 +WMU-20 WR-20 4 +WMU-40 WR-40 5 +STORY HEIGHT +Ground story (min/max ft) 10/15 +Upper story (min/max ft) 10/15 +BUILDING FACADE +GROUND-STORY TRANSPARENCY +Primary street facade (min) 30% +Side street facade (min) 25% +Service street facade (min) none +Measured from floor to horizontal facade articulation. +UPPER-STORY TRANSPARENCY +Primary street facade (min) 20% +Side street facade (min) 20% +Service street facade (min) none +Measured from horizontal facade articulation to horizontal facade +articulation. +BUILDING ENTRANCE +Primary street required +Entrance spacing (max linear ft) none +Side street allowed +Service street allowed +BLANK WALL AREA +Primary street (max linear ft) 30 +Side street (max linear ft) none +Service street (max linear ft) none +  +      (6)   Landscaping. +         (A)   General landscaping standards are set forth in Section +51A-13.304(a)(2), “Landscaping.” +         (B)   One site tree must be provided for every 4,000 square feet of +lot area, or portion thereof, or a minimum of four site trees must be provided, +whichever is greater. +         (C)   Site trees must be evenly distributed throughout the +development. +         (D)   Required landscaping may be provided aboveground when configured +as on-site open space in accordance with Section +51A-13.303, “Open Space.” +TS TOWNHOUSE STACKED +   (f)   Townhouse Stacked. +      (1)   Definition. +         A development type with six or more attached units consolidated into a +single structure that creates separate ground-story units for residential or +office purposes. +         Each unit shares a common side wall and a common floor or ceiling. +Units are stacked vertically, however, no more than one unit is permitted above +another unit. Each building must contain at least three units horizontally (six +units total). Each unit typically has its own external entrance. No on-site +surface parking is permitted between the building and the street. Garages +facing the primary street are not per- mitted. An elevated ground floor for +residential uses is recommended to ensure privacy. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9291.png] +      (2)   Character Examples. +         Character examples are provided below for illustrative purposes only +and are intended to be character examples of the development type and not the +streetscape. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9293.png] +      (3)   Districts Permitted. +  +LOW: WMU-3, WMU-5 WR-3, WR-5 +MEDIUM: WMU-8, WMU-12 WR-8, WR-12 +  +      (4)   Use and Placement. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9295.png] +BUILDING USE +A summary of permitted uses by story is shown on the left. For a complete list +of permitted uses, see Section +51A-13.306, “Uses.” +BUILDING PLACEMENT +LOT +Area (min sf ) 1,200 +Area (max sf ) none +Width (min ft) 16 +Width (max ft) none +Lot coverage (max) 80% +FRONT SETBACK AREA +Primary street (min/max ft) 5/15 +Side street (min/max ft) 5/15 +Service street (min/max ft) none +REQUIRED STREET FRONTAGE +Primary street (min) 70% +Side street (min) 40% +Service street (min) none +PRIMARY STREET +PARKING SETBACK +From primary street (min ft) 30 +From side street (min ft) 5 +From service street (min ft) 5 +Abutting residential districts other than multi-family (min ft) 10 +Abutting multifamily or nonresidential district or alley (min 5 +ft) +SIDE SETBACK +Abutting residential districts other than multi-family (min ft) 10 +Abutting multifamily or nonresidential district (min ft) 0 or 5 +Abutting alley (min ft) 5 +REAR SETBACK +Abutting residential districts other than multi-family (min ft) 24 +Abutting multifamily or nonresidential district (min ft) 24 +Abutting alley (ft) 3 or 20 or more +Abutting service street (ft) 3 or 20 or more +  +      (5)   Height and Elements. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9297.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9299.png] +BUILDING HEIGHT +HEIGHT +Building height (max stories/ft) +WMU-3, -5 , -8, -12 WR-3, -5, -8, -12 3½ / 50 +Building height (min stories) +WMU-3, -5 , -8, -12 WR-3, -5, -8, -12 2 +Detached garage (max ft) 26 +STORY HEIGHT +Ground story (min/max ft) 10/15 +Upper story (min/max ft) 10/15 +BUILDING FACADE +GROUND-STORY TRANSPARENCY +Primary street facade (min) 30% +Side street facade (min) 25% +Service street facade (min) none +Measured from floor to horizontal facade articulation. +UPPER-STORY TRANSPARENCY +Primary street facade (min) 20% +Side street facade (min) 20% +Service street facade (min) none +Measured from horizontal facade articulation to horizontal facade +articulation. +BUILDING ENTRANCE +Primary street required +Entrance spacing (max linear ft) none +Side street allowed +Service street allowed +BLANK WALL AREA +Primary street (max linear ft) 30 +Side street (max linear ft) none +Service street (max linear ft) none +  +      (6)   Garage Placement. +         (A)   Except for an alley, no garage access is permitted from a public +street. +         (B)   All vehicular access must be to the rear of the building. +         (C)   Where the garage is less than 20 feet from the alley, an +automatic garage door opener is required. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9301.png] +      (7)   Landscaping. +         (A)   General landscaping standards are set forth in Section +51A-13.304(a)(2), “Landscaping.” +         (B)   One site tree must be provided in the front yard for each two +units stacked vertically on an individually platted lot. +         (C)   If more than two units stacked vertically are located on the +same lot, the following requirements apply: +            (i)   One site tree must be provided for every 4,000 square feet of +lot area, or portion thereof, or a minimum of one site tree must be provided +for each set of two units stacked vertically, whichever is greater. +            (ii)   Site trees must be evenly distributed throughout the +development. +TH TOWNHOUSE +   (g)   Townhouse. +      (1)   Definition. +         A development type with three or more attached dwelling units +consolidated into a single structure. +         Each unit must be separated by a com- mon side wall. A townhouse unit +must be more than one story in height, however, units must not be vertically +mixed. Each unit must have its own external entrance. No on-site surface +parking is permitted between the building and the street. Garages facing the +primary street are pro- hibited. In the RTN district, only one unit per lot is +permitted. An elevated ground floor for residential uses is recommended to +ensure privacy. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9303.png] +      (2)   Character Examples. +         Character examples are provided below for illustrative purposes only +and are intended to be character examples of the development type and not the +streetscape. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9766.png] +      (3)   Districts Permitted. +  +LOW: WMU-3, WMU-5 WR-3, WR-5 RTN +MEDIUM: WMU-8, WMU-12 WR-8, WR-12 +  +      (4)   Use and Placement. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9307.png] +BUILDING USE +A summary of permitted uses is shown on the left. For a complete list of +permitted uses, see Section +51A-13.306, “Uses.” +BUILDING PLACEMENT +LOT +Area (min sf) 1,200 +Area (max sf) none +Width (min ft) 16 +Width (max ft) none +Lot coverage (max) 80% +FRONT SETBACK AREA +Primary street (min/max ft) 5/15 +Side street (min/max ft) 5/15 +Service street (min/max ft) none +REQUIRED STREET FRONTAGE +Primary street (min) 70% +Side street (min) 40% +Service street (min) none +PARKING SETBACK +From primary street (min ft) 30 +From side street (min ft) 5 +From service street (min ft) 5 +Abutting residential districts other than multi-family (min ft) 10 +Abutting multifamily or nonresidential district or alley (min 5 +ft) +SIDE SETBACK +Abutting residential districts other than multi-family (min ft) 10 +Abutting multifamily or nonresidential district (min ft) 0 or 5 +Abutting alley (min ft) 5 +REAR SETBACK +Abutting residential districts other than multi-family (min ft) 24 +Abutting multifamily or nonresidential district (min ft) 24 +Abutting alley (ft) 3 or 20 or more +Abutting service street (ft) 3 or 20 or more +  +      (5)   Height and Elements. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9309.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9311.png] +BUILDING HEIGHT +HEIGHT +Building height (max stories/ft) +RTN 2½ / 35 +WMU-3, -5 , -8, -12 WR-3, -5, -8, -12 3½ / 50 +Building height (min stories) +RTN 2 +WMU-3, -5 , -8, -12 WR-3, -5, -8, -12 2 +Detached garage (max ft) 26 +STORY HEIGHT +Ground story (min/max ft) 10/15 +Upper story (min/max ft) 10/15 +BUILDING FACADE +GROUND-STORY TRANSPARENCY +Primary street facade (min) 30% +Side street facade (min) 25% +Service street facade (min) none +Measured from floor to horizontal facade articulation. +UPPER-STORY TRANSPARENCY +Primary street facade (min) 20% +Side street facade (min) 20% +Service street facade (min) none +Measured from horizontal facade articulation to horizontal facade +articulation. +BUILDING ENTRANCE +Primary street required +Entrance spacing (max linear ft) none +Side street allowed +Service street allowed +BLANK WALL AREA +Primary street (max linear ft) 30 +Side street (max linear ft) none +Service street (max linear ft) none +  +      (6)   Garage Placement. +         (A)   Except for an alley, no garage access is permitted from a public +street. +         (B)   All vehicular access must be to the rear of the building. +         (C)   Where the garage is less than 20 feet from the alley, an +automatic garage door opener is required. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9313.png] +      (7)   Landscaping. +         (A)   General landscaping standards and alternative requirements for +shared access developments are set forth in Section +51A-13.304(a)(2), “Landscaping.” +         (B)   Except in a shared access development, one site tree must be +provided in the front yard for a townhouse on an individually-platted lot in +all districts. +         (C)   In a shared access development or if more than one townhouse +unit is located on the same lot, the following requirements apply: +            (i)   One site tree must be provided for every 4,000 square feet of +lot area, or portion thereof, or a minimum of one site tree must be provided +for each indi- vidual unit, whichever is greater. +            (ii)   Site trees must be evenly distributed throughout the +development. +      (8)   Townhouses on Individually-Platted lots. +         (A)   Except for the foundation, a dwelling unit must be physically +separable from contiguous dwelling units in the event of removal of a dwelling +unit. Each party wall must be governed by a set of deed restrictions, +stipulating that if a dwelling unit is removed, the party wall stays with the +remaining dwelling unit. +         (B)   Each dwelling unit must have separate utility services; however, +general utility services on land owned and maintained by a homeowner’s +association are allowed. +MH MANOR HOUSE +   (h)   Manor House. +      (1)   Definition. +         A development type with two to five attached dwelling units +consolidated in a single structure. +         A manor house must be located on a single lot and must contain common +walls. The building must look like a conventional single- family house with a +single primary entrance except that a manor house with two dwelling units +(duplex) may have one primary entrance for each unit. Dwelling units within a +building may be situated either wholly or partially over or under other +dwelling units. No garage may face a primary street. In the RTN district, up to +two units per lot are permitted. An elevated ground floor for residential uses +is recommended to ensure privacy. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9315.png] +      (2)   Character Examples. +         Character examples are provided below for illustrative purposes only +and are intended to be character examples of the development type and not the +streetscape. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9317.png] +      (3)   Districts Permitted. +         LOW:   WMU-3, WMU-5, WR-3, WR-5   RTN +      (4)   Use and Placement. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9319.png] +BUILDING USE +A summary of permitted uses is shown on the left. For a complete list of +permitted uses, see Section +51A-13.306, “Uses.” +BUILDING PLACEMENT +LOT +Area (min sf ) +2 units (duplex) 6,000 +3 to 5 units 10,000 +Area (max sf ) 20,000 +Width (min ft) 50 +Width (max ft) 100 +Lot coverage (max) 60% +FRONT SETBACK AREA +Primary street (min ft) 15 +Side street (min ft) 10 +SIDE SETBACK +Abutting residential districts other than multi-family (min ft) 10 +Abutting multifamily or nonresidential district (min ft) 5 +Abutting alley (min ft) 5 +REAR SETBACK (principal building) +Abutting residential districts other than multi-family (min ft) 15 +Abutting multifamily or nonresidential district (min ft) 15 +REAR SETBACK (detached garage) +Abutting common lot line (min ft) 3 +Abutting alley (min ft) 3 or 20+ +  +      (5)   Height and Elements. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9321.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9323.png] +BUILDING HEIGHT +HEIGHT +Building height (max stories/ft) 2½ / 35 +Building height (min stories) 2 +Detached garage (max ft) 26 +STORY HEIGHT +Ground story (min/max ft) 10/15 +Upper story (min/max ft) 10/15 +BUILDING FACADE +GROUND-STORY TRANSPARENCY +Primary street facade (min) 20% +Side street facade (min) 20% +Service street facade (min) none +Measured from floor to horizontal facade articulation. +UPPER-STORY TRANSPARENCY +Primary street facade (min) 20% +Side street facade (min) 20% +Service street facade (min) none +Measured from horizontal facade articulation to horizontal facade +articulation. +BUILDING ENTRANCE +Primary street required +Entrance spacing (max linear ft) none +Side street allowed +Service street allowed +BLANK WALL AREA +Primary street (max linear ft) 30 +Side street (max linear ft) none +Service street (max linear ft) none +  +      (6)   Garage Placement. +         (A)   Alley Provided. +            (i)   When an alley is provided and developed, all vehicular access +must take place from the alley. On corner lots, access may be taken from the +side street, in which case the garage door may face a side street. +            (ii)   If the garage is less than 20 feet from the alley, an +automatic garage door opener is required. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9325.png] +         (B)   No Alley Provided. +            (i)   When an alley is not provided or developed, street-facing +garages may be positioned as set forth below. +            (ii)   If the garage is less than 20 feet from the street, an +automatic garage door opener is required. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9327.png] +      (7)   Landscaping. +         (A)   General landscaping standards are set forth in Section +51A-13.304(a)(2), “Landscaping.” +         (B)   In the RTN district, one site tree must be provided in the front +yard of a manor house on an individually platted lot. +         (C)   A minimum of one site tree must be provided on the lot for each +individual unit in the manor house. At least one site tree must be located in +the front yard of each manor house. +SF SINGLE-FAMILY HOUSE +   (i)   Single-Family house. +      (1)   Definition. +         A development type containing one dwelling unit located on a single +lot. +         A single-family house has vehicular access only from the rear of the +lot. Garages fac- ing the primary street are prohibited. Only one unit per lot +is permitted. An elevated ground floor for residential uses is recom- mended to +ensure privacy. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9329.png] +      (2)   Character Examples. +         Character examples are provided below for illustrative purposes only +and are intended to be character examples of the development type and not the +streetscape. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9331.png] +      (3)   Districts Permitted. +         LOW:   RTN +      (4)   Use and Placement. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9333.png] +BUILDING USE +A summary of permitted uses is shown on the left. For a complete list of +permitted uses, see Section +51A-13.306, “Uses.” +BUILDING PLACEMENT +LOT +Area (min sf) 3,500 +Area (max sf) 5,000 +Width (min ft) 35 +Width (max ft) 45 +Lot coverage (max) 60% +FRONT SETBACK AREA +Primary street (min ft) 15 +Side street (min ft) 10 +SIDE SETBACK +Abutting residential districts other than multi-family (min ft) 5 +Abutting multifamily or nonresidential district (min ft) 5 +Abutting alley (min ft) 5 +Abutting side street 10 +REAR SETBACK (principal building) +Abutting residential districts other than multi-family (min ft) 15 +Abutting multifamily or nonresidential district (min ft) 15 +REAR SETBACK (detached garage) +Abutting a common lot line (min ft) 5 +Abutting alley (min ft) 3 or 20+ +  +      (5)   Height and Elements. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9335.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9337.png] +BUILDING HEIGHT +HEIGHT +Building height (max stories/ft) 2½ / 35 +Building height (min stories) 1 +Detached garage (max ft) 26 +STORY HEIGHT +Ground story (min/max ft) 10/15 +Upper story (min/max ft) 10/15 +BUILDING FACADE +GROUND-STORY TRANSPARENCY +Primary street facade (min) 20% +Side street facade (min) 20% +Service street facade (min) none +Measured from floor to horizontal facade articulation. +UPPER-STORY TRANSPARENCY +Primary street facade (min) 20% +Side street facade (min) 20% +Service street facade (min) none +Measured from horizontal facade articulation to horizontal facade +articulation. +BUILDING ENTRANCE +Primary street required +Entrance spacing (max linear ft) none +Side street allowed +Service street allowed +BLANK WALL AREA +Primary street (max linear ft) 30 +Side street (max linear ft) none +Service street (max linear ft) none +  +      (6)   Garage Placement. +         (A)   Except on a corner lot, all vehicular access must take place +from an alley. On a corner lot, access may be taken from the side street, in +which case the garage door may face a side street. +         (B)   If the garage is less than 20 feet from the alley, an automatic +garage door opener is required. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9339.png] +      (7)   Landscaping. +         (A)   General landscaping standards and alternative requirements for +shared access developments are set forth in Section +51A-13.304(a)(2), “Landscaping.” +         (B)   A minimum of two site trees must be provided on the lot for each +single-family house. At least one site tree must be located in the front yard +of each single-family house. +CIV CIVIC BUILDING +   (j)   Civic Building. +      (1)   Definition. +         A development type containing civic or place of worship uses that +serve the sur- rounding community. +         Civic buildings should be designed to physically express their +prominence in the community. Civic buildings should either be sited adjoining +or surrounded by civic spaces or placed at the axial termination of a street in +order to provide a visual landmark. In order to provide greater flexibility and +allow more distinctive architectural expression, civic buildings do not have +mandatory street frontage requirements. No surface parking is permitted between +the building and any primary street. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9341.png] +      (2)   Character Examples. +         Character examples are provided below for illustrative purposes only +and are intended to be character examples of the development type and not the +streetscape. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9343.png] +      (3)   Districts Permitted. +  +LOW: WMU-3, WMU-5 WR-3, WR-5 RTN +MEDIUM: WMU-8, WMU-12 WR-8, WR-12 +HIGH: WMU-20, WMU-40 WR-20, WR-40 +OVERLAY: -SH +  +      (4)   Use, Height, and Placement. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9345.png] +BUILDING USE +A summary of permitted uses is shown on the left. For a complete list of +permitted uses, see Section +51A-13.306, “Uses.” +BUILDING HEIGHT +Building height (max) See Section + 51A-13.302, “Height” +Building height (min stories) 1 +BUILDING PLACEMENT +LOT +Area (min sf ) 3,000 +Width (min ft) 30 +Lot coverage (max) 60% +SETBACKS +Primary street (min ft) 20 +Side street (min ft) 10 +Interior side (min ft) 10 +Rear (min ft) 10 +PARKING SETBACK +From primary street (min ft) 20 +No on-site surface parking is permitted between the building and the primary +street. +From side street (min ft) 5 +From service street (min ft) 5 +Abutting residential districts other than multi-family 10 +(min ft) +Abutting multifamily or nonresidential district or 5 +alley (min ft) +  +      (5)   Landscaping. +         (A)   General landscaping standards are set forth in Section +51A-13.304(a)(2), “Landscaping.” +         (B)   One site tree must be provided for every 4,000 square feet of +lot area, or portion thereof, or a minimum of four site trees must be provided, +whichever is greater. +         (C)   Site trees must be evenly distributed throughout the +development. +O OPEN SPACE LOT +   (k)   Open Space Lot. +      (1)   Definition. +         A development type located and designed to accommodate civic open +space or natural area worthy of preservation. +         An open space lot is intended primarily to provide for public or +private open space. Open space lots can also be used to accommodate commercial +surface parking lots, although commercial surface parking lots may not be used +to satisfy open space requirements. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9347.png] +      (2)   Character Examples. +         Character examples are provided below for illustrative purposes only +and are intended to be character examples of the development type and not the +streetscape. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9349.png] +      (3)   Districts Permitted. +  +LOW: WMU-3, WMU-5 WR-3, WR-5 RTN +MEDIUM: WMU-8, WMU-12 WR-8, WR-12 +HIGH: WMU-20, WMU-40 WR-20, WR-40 +OVERLAY: -SH +  +      (4)   Use, Height, and Placement. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9351.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9353.png] +USE +A summary of permitted uses is shown on the left. For a complete list of +permitted uses, see Section +51A-13.306, “Uses.” Parking as an accessory use is not permitted on an open +space lot. +HEIGHT +Building/Structure Height (max ft) 35 +BUILDING/STRUCTURE PLACEMENT +No more than five percent of the total lot area may be occupied by buildings or +structures. +Rear setback (min): 10’ +LOT +Area (min sf ) 2,000 +Width (min ft) 20 +Lot coverage (max) 5% +SETBACKS +Front (min ft) 10 +Side street (min ft) 10 +Interior side (min ft) 10 +Rear (min ft) 10 +  +      (5)   Configuration. +         (A)   In General. +            An open space lot must be configured as set forth in Subparagraphs +(B) through (K). +         (B)   Plaza or Esplanade. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9355.png] +            (i)   A plaza is a formal open space defined by building frontages +and abutting streets. An esplanade is a linear, open area, abutting a river, +large body of water, or street, where people may walk. +            (ii)   A plaza or esplanade must be at least 2,000 square feet. A +plaza may not exceed a maximum of one acre. +            (iii)   An esplanade must have a minimum width of 40 feet. +            (iv)   A plaza or esplanade must be bounded by a street on at least +one side. +            (v)   A plaza or esplanade is typically furnished with paths, +benches, and open shelters. +            (vi)   A plaza or esplanade may contain landscaping and paved +surfaces. Pervious paving materials must make up a minimum of 70 percent of any +paved surface. Trees and shrubs must be planted in formal patterns. +            (vii)   For a plaza, perimeter street trees and sidewalks must be +installed in accordance with the ST-1 streetscape standard. (See Division 51A- +13.500, “Minor Streets and Streetscapes.”) +            (viii)   For an esplanade, street trees must be installed in +accordance with the ST-1 streetscape standard. (See Division 51A-13.500, “Minor +Streets and Streetscapes.”) +            (ix)   Site trees must be planted at the rate of one large canopy +tree per 2,500 square feet of lot area. Each tree must have a caliper of at +least two inches at the time of planting. Trees may be planted in planters or +tree grates. +            (x)   A plaza may be level, stepped, or gently sloping. An +esplanade must be level. +            (xi)   Lots that share a common lot line with a plaza or esplanade +must configure development as though the plaza or esplanade were a primary +street. +         (C)   Square. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9357.png] +            (i)   A square is a formal open space defined by building frontages +and abutting streets. A square must be at least 10,000 square feet in size, but +may not exceed two acres. +            (ii)   A square is bounded by streets on a minimum of three sides. +            (iii)   A square is typically furnished with paths, benches, and +open shelters. +            (iv)   Landscaping must consist of lawn, trees, and shrubs planted +in formal patterns. +            (v)   A square must contain a minimum 30 percent turf, groundcover, +soil, or mulch. The balance of the area may be any paved surface. Pervious +paving materials must make up a minimum of 70 percent of any paved surface. +            (vi)   Perimeter street trees and sidewalks must be installed in +accordance with the ST-1 streetscape standard. (See Division 51A-13.500, “Minor +Streets and Streetscapes.”) +            (vii)   Site trees must be planted at the rate of one large canopy +tree per 2,500 square feet of lot area. Each tree must have a caliper of at +least two inches at the time of planting. +            (viii)   A square may be level, stepped, or gently sloping. +            (ix)   Lots that share a common lot line with a square must +configure development as though the square were a primary street. +         (D)   Green. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9359.png] +            (i)   A green is an informal open space defined by abutting +streets. +            (ii)   A green must be at least 10,000 square feet in size, but may +not exceed two acres. +            (iii)   A green must be bound by streets on a minimum of two sides. +            (iv)   A green is typically furnished with paths, benches, and open +shelters. +            (v)   Landscaping must consist of lawn and informally arranged +trees and shrubs. +            (vi)   A green must contain a minimum of 60 percent turf, ground- +cover, soil, or mulch. The balance of the area may be any paved surface. +Pervious paving materials must make up a minimum of 70 percent of any paved +surface. +            (vii)   Perimeter street trees and sidewalks must be installed in +accordance with the ST-1 streetscape standard. (See Division 51A-13.500, “Minor +Streets and Streetscapes.”) +            (viii)   Site trees must be planted at the rate of one large canopy +tree per 2,500 square feet of lot area. Each tree must have a caliper of at +least two inches at the time of planting. Site tree plantings may be informal. +            (ix)   The topography may be irregular. +            (x)   Lots that share a common lot line with a green must configure +development as though the green were a primary street. +         (E)   Neighborhood Park. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9361.png] +            (i)   A neighborhood park is a natural landscape consisting of open +and wooded areas and may also include, but are not limited to, tennis courts, +racquet ball courts, basketball courts, volley ball courts, ball fields, +swings, slides, playgrounds, dog parks, benches, restrooms, picnic units, +shelters, and walking paths. +            (ii)   A neighborhood park must be at least 20,000 square feet in +size. +            (iii)   A neighborhood park is bounded by streets on a minimum of +one side. +            (iv)   Neighborhood parks are often irregularly shaped but may be +linear in order to parallel creeks, canals, or other corridors. +            (v)   Landscaping must consist of informally arranged trees and +shrubs. The topography may be irregular. +            (vi)   A neighborhood park may have a maximum of 15 percent +impervious surface. +            (vii)   Perimeter street trees and sidewalks must be installed in +accordance with the ST-1 streetscape standard. (See Division 51A-13.500, “Minor +Streets and Streetscapes.”) +            (viii)   Site trees must be planted at the rate of one large canopy +tree per 2,500 square feet of lot area. Each tree must have a caliper of at +least two inches at the time of planting. +         (F)   Tot Lot. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9363.png] +            (i)   A tot lot provides play areas for children as well as open +shelter and benches. +            (ii)   A tot lot must be at least 2,000 square feet in size, but +may not exceed one acre. +            (iii)   Tot lots may be freestanding or located within squares, +greens, or neighborhood parks. +            (iv)   The impervious surface of a tot lot may not exceed 15 +percent. +            (v)   Perimeter street trees and sidewalks must be installed in +accordance with the ST-1 streetscape standard. (See Division 51A-13.500, “Minor +Streets and Streetscapes.”) +            (vi)   Site trees must be planted at the rate of one large canopy +tree per 2,500 square feet of lot area. Each tree must have a caliper of at +least two inches at the time of planting. +         (G)   Community Garden. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9365.png] +            (i)   A community garden is a grouping of garden plots available to +nearby residents for small-scale cultivation, including storage facilities for +necessary equipment. +            (ii)   A community garden must be at least 10,000 square feet in +size, but may not exceed two acres. +            (iii)   The impervious surface of a community garden may not exceed +15 percent. +            (iv)   Perimeter street trees and sidewalks must be installed in +accordance with the ST-1 streetscape standard. (See Division 51A-13.500, “Minor +Streets and Streetscapes.”) +         (H)   Landscaped Median. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9367.png] +            (i)   A wide landscape median provides open space and green area +embedded within the public realm of a minor street. +            (ii)   A landscape median must be at least 20 feet in width and one +block in the length, with a reduction of the width to eight feet at the +location of turn lanes. +            (iii)   Landscaping must consist of lawn and formally arranged +trees. +            (iv)   A double row of street trees must be planted at the rate of +one large canopy tree every 40 feet on center, on average. Each tree must have +a caliper of at least three inches at the time of planting. +            (v)   Trees must be planted no more than 10 feet nor less than six +feet from the back of curb. +            (vi)   Improvements may include paved walks, trails, benches, and +trash receptacles. +         (I)   Greenbelt. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9369.png] +            (i)   Greenbelts typically follow natural features such as streams +or rivers. They are designed to incorporate natural settings such as creeks and +significant stands of trees within neighborhoods, and are used for +transportation, recreation, and environmental protection. +            (ii)   Greenbelts differ from neighborhood parks, plazas, and +squares in that their detailing is natural (i.e. informally planted), except +along rights-of-way, and may contain irregular topography. +            (iii)   Design of the greenbelt should incorporate conservation of +existing mature tree canopy and landscape and protection of existing natural +drainage-ways and creeks. +            (iv)   Land within the 100-year floodplain may be used to +accommodate a greenbelt. +            (v)   The greenbelt must be accessible from adjacent development. +            (vi)   Improvements may include paved walks, trails, benches, and +trash receptacles. +            (vii)   No rear-facing lots may abut a greenbelt. +         (J)   Private Open space under 2,000 SF. +            Private open space of less than 2,000 square feet must be designed +to meet the standards for landscaping or private open space for the appropriate +development type. +         (K)   Commercial Surface Parking Lot. +            A commercial surface parking lot on an open space lot may be +approved through the specific use permit process. The length of time the use +may be op- erated must be set during approval of the specific use permit. The +commercial surface parking lot must meet all standards for design and +landscaping required in this article. No commercial surface parking lot may be +used to satisfy public or private open space requirements. +      (6)   Certificate of Occupancy Eequired. +         Except for a landscape median and greenbelt, a certificate of +occupancy is required for all open space lots. +(Am. Ord. 30889, passed 6-13-18; Am. Ord 31470, passed 2-24-20) +SEC. 51A-13.305. BUILDING ELEMENTS. +   (a)   Arcades. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9371.png] +      (1)   Arcades are permitted on mixed use shopfront, single-story +shopfront, general commercial, and civic development types. +      (2)   An arcade must have a clear depth from the support columns to the +building’s facade of at least eight feet and a clear height above the sidewalk +of at least 10 feet. +      (3)   An arcade must be contiguous and extend over at least 50 percent of +the width of the building facade. +      (4)   No arcade may encroach into the door yard or the public right-of- +way. +   (b)   Galleries. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9373.png] +      (1)   Galleries are permitted on mixed use shopfront, single-story +shopfront, general commercial, and civic development types. +      (2)   A gallery must have a clear depth from the support columns to the +building’s facade of at least eight feet and a clear height above the sidewalk +of at least 10 feet. +      (3)   A gallery must be contiguous and extend over at least 50 percent of +the width of the building facade from which it projects. +      (4)   A gallery may encroach into the door yard. No gallery may encroach +into the public right-of-way without a license for the use of that right-of- +way. +   (c)   Awnings. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9375.png] +      (1)   Awnings are permitted on mixed use shopfront, single-story +shopfront, general commercial, apartment, and civic development types. +      (2)   A ground-story awning must have a minimum clearance of 10 feet +above the sidewalk and must have a minimum depth of six feet. +      (3)   An awning may encroach into the door yard. No awning may encroach +into the public right-of-way without a license for the use of that right-of- +way. +   (d)   Balconies. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9377.png] +      (1)   Balconies are permitted only on the upper stories of mixed use +shopfront, general commercial, apartment, townhouse stacked, townhouse, manor +house, single- family house, and civic development types. +      (2)   No balcony may project within five feet of a common lot line. +      (3)   A balcony may encroach into the door yard. No balcony may encroach +into the public right-of-way without a license for the use of that right-of- +way. +   (e)   Stoops. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9770.png] +      (1)   Stoops are permitted on townhouse stacked, townhouse, manor house, +apartment, and single-family house development types. +      (2)   A stoop must be no more than five feet deep (including the steps) +and six feet wide. +      (3)   A stoop may be roofed, but not enclosed. +      (4)   Partial walls and railings on a stoop may be no higher than 3 1/ +2 feet. +      (5)   A stoop may encroach into the door yard. No stoop may encroach into +the public right-of-way without a license for the use of that right-of-way. +   (f)   Front Porches. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9381.png] +      (1)   Front porches are permitted on townhouse stacked, townhouse, manor +house, apartment, and single-family house development types. +      (2)   A front porch must be a minimum of six feet deep (not including the +steps). +      (3)   Except as provided in this paragraph, a front porch must be +contiguous with a width not less than 50 percent of the building facade from +which it projects. This provision does not apply to the apartment development +type. +      (4)   A front porch may be roofed, but not enclosed. +      (5)   Partial walls and railings on a porch may be no higher than 3 1/ +2 feet. +      (6)   A front porch may encroach into the door yard. No front porch may +encroach into the public right-of-way without a license for the use of that +right-of-way. +   (g)   Roof Treatments. +      Dormers are permitted in an attic story. Dormers must not break the +primary eave line, be individually more than 15 feet wide, and collectively be +more than 60 percent of the facade length. +   (h)   Building Entrances. +      (1)   The following building entrance requirements apply to mixed use +shopfront, single-story shopfront, general commercial, and apartment +development types. +      (2)   An entrance providing both ingress and egress, operable during +normal business hours, is required to meet primary street entrance +requirements. Additional entrances off another street, pedestrian area, or +internal parking area are permitted. +      (3)   The entrance separation requirements provided for the development +type must be met for each building, but are not applicable to adjacent +buildings. +      (4)   An angled entrance may be provided at either corner of a building +along the primary street to meet the primary street entrance requirements, +provided any applicable entrance spacing requirements can still be met. +      (5)   A minimum of 50 percent of a required entrance must be transparent. +      (6)   A required fire exit door with no transparency may front on a +primary, side, or service street. +   (i)   Fences and Walls. +      (1)   Except as provided below, the provisions of Section +51A-4.602 apply. +      (2)   In a door yard, a fence may not exceed three feet in height above +grade. In all other required yards, no fence or wall may exceed six feet in +height above grade. +(Am. Ord. 30889, passed 6-13-18) +SEC. 51A-13.306.    USES. +   (a)   General Provisions. +      (1)   Allowed uses. +         No certificate of occupancy may be issued for a use in a WMU, WR, or +RTN district that is not allowed by this section. Existing nonconforming uses +may continue in accordance with Section +51A-4.704. +      (2)   Use Categories. +         (A)   In order to regulate uses more efficiently, categories of uses +have been established. +         (B)   Use categories provide a systematic basis for assigning land +uses to appropriate development types. Use categories classify land uses and +activities based on common functional, product, or physical characteristics. +         (C)   Characteristics include the type and amount of activity, the +type of customers or residents, how goods or services are sold or delivered, +likely impact on surrounding properties, and site conditions. +      (3)   Principal Uses. +         Principal uses are grouped into categories of uses. Permitted uses are +shown in Section +51A-13.306(b), “Use Chart.” The use categories used in the use chart are listed +in Section +51A-13.306(d), “Use Categories.” The examples of permitted uses listed are not +an exhaustive list. The building official has the responsibility for +categorizing uses. See Paragraph (6) below. +      (4)   Transitional Uses. +         Transitional uses are intended to provide an opportunity for owners in +a form district to make appropriate use of their property during the interim +period as the district develops. For a list of permitted transitional uses and +regulations, see Section +51A-13.306(e), “Transitional Uses.” +      (5)   Accessory uses. +         (A)   Except as provided below, accessory uses are allowed in +conjunction with a permitted principal use in accordance with Section +51A-4.217. +         (B)   A use listed in Section +51A-13.306, “Uses,” (and not Sections +51A-4.201 through 51A-4.216) may be an accessory use if the building official +determines that the use is customarily incidental to a main use and otherwise +complies with this section. +         (C)   Except as otherwise provided in this article or in Article IV, +accessory uses are subject to the following area restrictions. +            (i)   If the use is conducted outside, it may not occupy more than +five percent of the area of the lot containing the main use. +            (ii)   If the use is conducted inside, it may not occupy more than +five percent of the floor area of the main use. +            (iii)   Any use that exceeds these area restrictions is considered +to be a separate main use. +         (D)   Pedestrian sky bridges are not permitted in the form districts. +         (E)   Wind turbines and other integrated renewable energy systems are +permitted in the form districts. +      (6)   Building Official Responsibility. +         (A)   The building official is responsible for categorizing all uses. +If a proposed use is not listed in a use category, but is similar to a listed +use, the building official shall place the proposed use under that use +category. +         (B)   When determining whether a proposed use is similar to a listed +use in Section +51A-13.306(d), “Use Categories,” the building official shall consider the +following criteria: +            (i)   The actual or projected characteristics of the proposed use. +            (ii)   The relative amount of site area or floor area and equipment +devoted to the proposed use. +            (iii)   Relative amounts of sales. +            (iv)   The customer type. +            (v)   The relative number of employees. +            (vi)   Hours of operation. +            (vii)   Building and site arrangement. +            (viii)   Types of vehicles used and their parking requirements. +            (ix)   The number of vehicle trips generated. +            (x)   Signs. +            (xi)   How the proposed use is advertised. +            (xii)   The likely impact on surrounding properties. +            (xiii)   Whether the activity is likely to be independent of the +other activities on the site. +      (7)   Additional Use Regulations. +         Except as otherwise provided in this article, the additional +provisions in Division 51A-4.200 for a specific use apply to that use under +this article. +   (b)   Use Chart. +      The use chart identifies the uses allowed by right, the uses requiring a +specific use permit, and uses that are not allowed. The use chart key is set +forth below. +      (A)   Permitted. (∙) +         Indicates that the use is allowed by right in that development type. +      (B)   specific use Permit. ([]) +         Indicates that a use is permitted in that development type only in +accordance with Section +51A-4.219, “Specific Use Permit (SUP).” +      (C)   Blank Cell. +         A blank cell indicates that a use is not permitted in that development +type. +Use Chart + Mixed Use Single- General Townhouse Manor Single- Civic Open Additional + Shopfront Story Commercial Apartment Stacked Townhouse House family Building Space Regulations + Shopfront House Lot + Mixed Use Single- General Townhouse Manor Single- Civic Open Additional + Shopfront Story Commercial Apartment Stacked Townhouse House family Building Space Regulations + Shopfront House Lot + Mu Ss Gc Apt Ts Th Mh Sf Civ O +Principal Use Use Category Ground Upper Ground All All Ground Upper All All All All --- + Story Stories Story Stories Stories Story Stories Stories Stories Stories Stories + Single-family ∙ ∙ ∙ ∙ ∙ ∙ (c)(1), (c) +  living (2) +Residential Multifamily ∙ ∙ ∙ ∙ ∙ ∙ + living + Group living ∙ ∙ ∙ ∙ ∙ ∙ (c)(1) + Community + service, [] [] [] [] [] [] + except as + listed below: + Museum, ∙ ∙ ∙ ∙ ∙ ∙ (c)(3) + library + Day care ∙ ∙ ∙ ∙ ∙ (c)(3) +  Educational ∙ ∙ ∙ ∙ ∙ (c)(3) +  Government +  service, ∙ ∙ ∙ ∙ ∙ (c)(3) +  except as +  listed below: +  Detention +  center, jail, [] [] +Civic or prison + Park or Open ∙ + space + Social [] [] [] [] (c)(8) + service + Transit ∙ ∙ ∙ ∙ ∙ + station + Utilities ∙ (c)(4) +Place of Place of ∙ ∙ ∙ ∙ ∙ +Worship Worship +Office Medical ∙ ∙ ∙ ∙ + Office ∙ ∙ ∙ ∙ ∙ + Drive-thru [] [] [] (c)(9) + facility +  Restaurant or ∙ ∙ (c)(5) +Retail Bar + Retail sales ∙ ∙ (c)(5) + Vehicle sales ∙ ∙ + Commercial + amusement [] [] [] [] + (inside) +  Indoor ∙ ∙ ∙ ∙ +Service and recreation +Entertainment Personal + service, ∙ ∙ ∙ ∙ + except as + listed below: + Animal care ∙ ∙ ∙ ∙ (c)(6) + Commercial ∙ ∙ ∙ [] + parking + Passenger +  terminal [] [] +  limited to a +Commerce Helistop + Overnight ∙ ∙ (c)(7) + lodging + Self-service [] [] + storage + Light ∙ + manufacturing +  Research and ∙ +Fabrication development + Vehicle ∙ + service +  +Key: ∙ = Permitted [] = Specific Use Permit Blank Cell = Not Permitted +   (c)   Additional Regulations. +      (1)   Handicapped Group Dwelling Unit and Group Residential Facilities. +         A handicapped group dwelling unit or group residential facility must +be located at least 1,000 feet from any other group residential facility or +licensed handicapped group dwelling unit. Dwellings or facilities that do not +meet this standard may request a spe- cific use permit. For purposes of this +provision, the distance between uses is measured in a straight line, without +regard to intervening structures or objects, between the nearest boundaries of +the building sites on which the uses are located. (Note: The spacing compo- +nent of these use regulations is based, not on the handicapped status of the +residents, but on the non-family status of the groups.) +      (2)   Townhouse and Manor House in the RTN District. +         A townhouse or manor house in the RTN district must be located on an +individually-platted lot. No more than two dwelling units are permitted on a +lot. No multifamily or group living is permitted in the RTN district. +      (3)   Special Regulations in the RTN District. +         In the RTN district, museum, library, day care, educational, and +government service uses are permitted only by specific use permit. +      (4)   Tower/Antenna for Cellular Communication. +         (A)   In General. +            For tower/antenna for cellular communication uses, the provisions +of Section +51A-4.212(10.1) apply, except as modified in Subparagraphs (B) and (C). +         (B)   Mounted Cellular Antennas. +            (i)   Permitted by right in the RTN district when attached to an +existing structure that is currently occupied or was last occupied by a +nonresidential use. +            (ii)   Permitted by right in a WMU or WR district when attached to +any existing structure. +         (C)   Monopole and Other Cellular Towers. +            (i)   Not permitted in the RTN district. +            (ii)   Permitted by specific use permit in a WMU or WR district. +      (5)   Restaurant or Bar and Retail Sales. +         (A)   A permitted ground-story restaurant or bar or retail sales use +is allowed in the upper stories of a building provided that a restaurant or bar +or retail use also exists on the ground story of the building. +         (B)   A restaurant or bar is permitted in the upper stories of an +overnight lodging facility in a mixed use shopfront. +      (6)   Animal Care. +         No outdoor runs are permitted in association with an animal grooming, +animal hospital, veterinary clinic, pet clinic, animal boarding, animal +shelter, kennel, or doggy day care facility. +      (7)   Overnight Lodging. +         A lobby serving an overnight lodging facility is permitted on the +ground story of a mixed use shopfront building. +      (8)   Overnight General Purpose Shelter. +         No overnight general purpose shelter may provide shelter to more than +20 overnight guests. +      (9)   Drive-thru Facility. +         Except as provided in this paragraph, a drive-thru facility is only +permitted by specific use permit. A drive-thru facility may be established +within the ground story of a parking structure without obtaining a specific use +permit if all stacking spaces are completely contained within the structure. +   (d)   Use Categories. +      (1)   Residential Use Categories. +         (A)   Single-Family Living. +            (i)   Definition. Residential occupancy of a dwelling unit by one +family, on a monthly or longer basis, within a structure that contains no more +than two dwelling units. +            (ii)   Examples of Permitted Uses. +               Single-family or duplex. +               Handicapped group dwelling unit. +         (B)   Multifamily Living. +            (i)   Definition. Residential occupancy of a dwelling unit by one +family, on a monthly or longer basis, within a structure that contains at least +three dwelling units. +            (ii)   Examples of Permitted uses. +               Multifamily and retirement housing. +         (C)   Group Living. +            (i)   Definition. Residential occupancy of a structure by a group +of people who may not meet the definition of a family. Tenancy is usually +arranged on a monthly or longer basis. Generally, group living facilities have +a common eating area for residents, and residents may receive care or training. +            (ii)   Examples of Permitted Uses. +               Boarding house, rooming house, or lodging house. +               Foster home (seven or more residents). +               Fraternity, sorority, or college dormitory. +               Group residential facility. +               Hospice. +               Monastery or convent. +               Nursing home. +               Residential hotel. +      (2)   Civic Use Categories. +         (A)   Community Service. +            (i)   Definition. Uses of a public, nonprofit, or charitable nature +providing ongoing public safety, educational training, or counseling to the +general public on a regular basis, without a residential component. +            (ii)   Examples of Permitted Uses. +               Museum or library. +               Community service center. +               Neighborhood arts center or similar public community facility. +         (B)   Day care. +            (i)   Definition. Uses providing care, protection, and supervision +of children or adults on a regular basis away from their primary residence. +Care is typically provided to a given individual for fewer than 18 hours each +day, although the facility may be open 24 hours each day. +            (ii)   Examples of Permitted Uses. +               Adult day care facility. +               Child care facility. +               Nursery school or preschool. +         (C)   Educational. +            (i)   Definition. Public and private (including charter or +religious) schools at the primary, elementary, middle, junior high, or high +school level that provide basic academic education. This use also includes +colleges and other institutions of higher learning that offer courses of +general or specialized study leading to a degree. +            (ii)   Example of Permitted uses. +               Academy (special training). +               College, community college, university, or seminary. Public or +private (K-12) school. +               Charter, trade, vocational, or business school. +         (D)   Government Service. +            (i)   Definition. Office, storage, maintenance, or other facility +for the operation of local, state, or federal government. +            (ii)   Examples of Permitted uses. +               City, county, state, federal, or government office. +               Convention center or trade center. +               Detention center, jail, or prison. +               Police, fire, EMS station, substation, or ambulance service. +               Post office. +         (E)   Park/Open space. +            (i)   Definition. A use focusing on public gathering areas for +passive or active outdoor recreation, and having few structures. +            (ii)   Examples of Permitted uses. +               Botanical garden, nature preserve, or recreational trail. +               Cemetery, mausoleum, columbarium, or memorial park. +               Square, green, plaza, neighborhood park, tot lot, or community +garden. +               Farmers market. +         (F)   Social Service. +            (i)   Definition. A use that primarily provides housing related to +social service programs, including treatment of those with psychiatric, +alcohol, or drug problems, and transients. +            (ii)   Examples of Permitted Uses. +               Halfway house. +               Overnight general purpose shelter. +         (G)   Transit Station. +            (i)   Definition. A facility for the boarding of non-commercial +transit. +         (H)   Utilities. +            (i)   Definition. Public or private infrastructure serving a +limited area with no on-site personnel (minor utility) or serving the general +community with on-site personnel (major utility). +            (ii)   Examples of Permitted Uses. +               Minor utilities, including on-site stormwater retention or +detention facility, neighborhood-serving telephone exchange or switching +center, gas or electric installation or transmission, water and wastewater pump +station or lift station, gas gates, reservoir, control structure, drainage +well, and water supply water well. Major utilities, including aeration +facility, electrical substation, electric or gas generation plant, filter bed, +railroad right-of-way, transmission tower, waste treatment plant, water pumping +facility, and water tower or tank. +               Mounted cellular antennas or monopole cellular towers. +      (3)   Place of Worship. +         (A)   Place of Worship. +            (i)   Definition. A place of assembly that provides meeting areas +for religious practice. +            (ii)   Examples of Permitted uses. +               Church, mosque, shrine, synagogue, tabernacle, or temple. +      (4)   Office Use Categories. +         (A)   Medical. +            (i)   Definition. A use providing medical or surgical care to +patients. Some uses may offer overnight care. +            (ii)   Examples of Permitted uses. +               Blood plasma donation center. +               Medical or dental laboratory. +               Hospital, urgent care, or emergency medical office. +               Medical, dental office, or chiropractor’s office. +               Ambulatory surgical center. +         (B)   Office. +            (i)   Definition. Activities conducted in an office setting that +generally focus on business, professional, or financial services. +            (ii)   Examples of Permitted uses. +               Offices including advertising, business management consulting, +data processing, collection agency, real estate or insurance agent, +professional services such as a lawyer, accountant, bookkeeper, engineer, or +architect, sales office, or travel agency. +               Financial services such as lender, investment, or brokerage +house, or bank. +               Call center. +               Counseling in an office setting. +               Radio, TV, or recording studio. +               Art studio or art gallery. +            (iii)   Examples of Prohibited uses. +               Bail bonds. +      (5)   Retail Use Categories. +         (A)   Drive-thru Facility. +            (i)   Definition. A facility that provides direct window service +for customers in motor vehicles. +            (ii)   Examples of Permitted Uses. +               Restaurant with drive-through service. +               Financial institution with drive-through service. +               Dry cleaners, pharmacies, and other retail uses with drive- +through service. +               Pay stations for various uses, including utility services, with +drive-through windows. +         (B)   Restaurant or Bar. +            (i)   Definition. Establishment that prepares and sells food or +drink for on- or off-premise consumption. +            (ii)   Examples of Permitted uses. +               Alcoholic beverage establishment. +               Bar, tavern, lounge, or brew pub. +               Pizza or other meal delivery facility. +               Restaurant, fast-food restaurant, take-out, yogurt, ice cream, +or coffee shop. +         (C)   Retail Sales. +            (i)   Definition. A facility involved in the sale, lease, or rental +of new or used products. +            (ii)   Examples of Permitted uses. +               Sale of alcoholic beverages for off-premise consumption. +               Sale of baked goods, flowers, fuel (including gasoline and +diesel fuel), pets, pharmaceuticals, produce, groceries, and tobacco. +               Sale, lease, or rental of antiques, appliances, art supplies, +bicycles, books, building supplies, cameras, carpet and floor coverings, +crafts, clothing, computers, convenience goods, dry goods, electronic +equipment, fabric, furniture, garden supplies, gifts or novelties, hardware, +home improvement, household products, jewelry, liquor, medical supplies, music, +musical instruments, office supplies, package shipping, pet supplies, photo +finishing, picture frames, plants, printed materials, souvenirs, sporting +goods, stationery, used or secondhand goods, vehicle parts and accessories, or +videos. General merchandise or food store. +            (iii)   Examples of Prohibited uses. +               Check cashing. +               Pawnshop. +         (D)   Vehicle Sales. +            (i)   Definition. Direct sales, rental, or leasing of passenger +vehicles, light and medium trucks, and other consumer motor vehicles such as +motorcycles, boats, and recreational vehicles. +            (ii)   Examples of Permitted uses. +               Vehicle sales, rental, or leasing. +               Boats and other recreational vehicle sales. Vehicle rental. +      (6)   Service and Entertainment Use Categories. +         (A)   Commercial Amusement (Inside). +            (i)   Definition. A facility wholly enclosed in a building that +offers entertainment or games of skill for a fee to the general public. +            (ii)   Examples of Permitted uses. +               Adult cabaret. +               Amusement center, arcade, or children’s amusement center. +               Billiard hall or pool hall. +               Bingo parlor. +               Bowling alley. +               Dance hall. +               Motor track. +               Skating rink. +         (B)   Indoor Recreation. +            (i)   Definition. A generally commercial use, varying in size, +providing daily or regularly scheduled recreation-oriented activities in an +indoor setting. +            (ii)   Examples of Permitted uses. +               Athletic, tennis, swim, or health club. +               Dance, martial arts, music studio, or classroom. +               Gymnastic facility or indoor sports academy. +               Lodge or membership club. +               Movie or other theater. +         (C)   Outdoor Recreation. +            (i)   Definition. A generally commercial use, varying in size, +providing daily or regularly scheduled recreation-oriented activities. These +activities may take place wholly outdoors or within a number of outdoor +structures. +            (ii)   Examples of Permitted uses. +               None. +            (iii)   Examples of Prohibited uses. +               Drive-in theater. +               Campground, travel trailer park, or recreational vehicle park. +               Extreme sports such as paintball, BMX, or skateboarding +facility. +               Golf course, country club, or executive par three golf course. +               Outdoor entertainment activity such as batting cage, golf +driving range, mini-amusement park, miniature golf facility, or water park. +               Horse stable, riding academy, or equestrian center. +               Outdoor shooting range. +               Sports academy for active recreational or competitive sports. +               Stadium, arena, or commercial amphitheater. +               Commercial amusement (outside). +         (D)   Personal Service. +            (i)   Definition. Facilities involved in providing personal +services or repair services to the general public. +            (ii)   Examples of Permitted uses. +               Animal care (animal grooming, animal hospital, veterinary +clinic, pet clinic, animal boarding, animal shelter, kennel, or doggy day +care). No outside runs are permitted. +               Catering establishment (small-scale) or small-scale cleaning +establishment. +               Dry-cleaning or laundry drop-off facility, laundromat, cleaning, +pickup station, or coin-operated pickup station. +               Drop-in child care center. +               Funeral home, mortuary, undertaking establishment, or commercial +wedding chapel. +               Hair, nail, tanning, massage therapy, personal care service, or +barber and beauty shop. +               Modeling studio. +               Photocopy, blueprint, package shipping and quick-sign service, +printing, and publishing. +               Palmist, psychic, or medium. +               Security service. +               Appliance, bicycle, canvas product, clock, computer, jewelry, +musical instrument, office equipment, radio, shoe, television or watch repair. +               Tailor, milliner, upholsterer, or locksmith. +            (iii)   Examples of Prohibited uses. +               Massage parlor. +               Tattoo or body piercing. +               Taxidermist. +      (7)   Commerce Use Categories. +         (A)   Commercial Parking. +            (i)   Definition. A facility that provides parking not accessory to +a principal use, for which a fee may or may not be charged. +            (ii)   Examples of Permitted uses. +               Park-and-ride facility. +               Short- and long-term fee parking facility. Surface parking lot. +         (B)   Overnight Lodging. +            (i)   Definition. Accommodations arranged for short term stays of +less than 30 days for rent or lease. +            (ii)   Examples of Permitted uses. +               Hotel, motel, inn, extended-stay facility, bed and breakfast, or +youth hostel. +         (C)   Passenger Terminal. +            (i)   Definition. A public or commercial facility for the takeoff +and landing of airplanes and helicopters, and a facility for bus, taxi, or limo +service. +            (ii)   Examples of Permitted uses. +               Helistop (SUP required). +            (iii)   Examples of Prohibited uses. +               Airport, heliport, or airline terminal. +               Bus passenger terminal or multi-modal facility. Taxi dispatch +center or limousine service. +         (D)   Self-Service Storage. +            (i)   Definition. A facility that provides separate storage areas +for personal or business use designed to allow private access by the tenant for +storing or removing personal property. +            (ii)   Examples of Permitted uses. +               Warehouse, self-service, fully enclosed indoor multi-story +storage, or mini-warehouse. +      (8)   Fabrication Use Categories. +         (A)   Light Industrial. +            (i)   Definition. A facility that manufactures, assembles, +disassembles, repairs, or services industrial, business, or consumer machinery, +equipment, products, or by-products mainly by providing centralized services +for separate retail outlets. Contrac- tors and building maintenance services +and similar uses perform services off-site. Few customers, especially the +general public, come to the facility. +            (ii)   Examples of Permitted uses. +               None. +            (iii)   Examples of Prohibited uses. +               Brewery, winery, or large-scale catering establishment. +               Bus or rail transit vehicle maintenance or storage facility. +               Contractors storage including janitorial and building +maintenance service, exterminator, or other maintenance yard or facility, +building, heating, plumbing, landscaping, or electrical contractor and others +who perform services off-site, but store equipment and materials or perform +fabrication or similar work on-site. +               Crematorium or pet crematorium. +               Electronics service center. +               Food or beverage production. +               Labor hall. +               Lawn, tree, or garden service. +               Laundry, dry-cleaning, carpet cleaning plants, or large-scale +cleaning establishment. +               Leather production. +               Lumberyard and wood products, sheet metal shop, or soft drink +bottling. +               Stone, clay, glass, and concrete products. +         (B)   Light Manufacturing. +            (i)   Definition. A facility conducting light manufacturing +operations within a fully-enclosed building. +            (ii)   Examples of Permitted uses. +               Bulk mailing service. +               Clothing or textile apparel manufacturing. +               Manufacture or assembly of equipment, instruments (including +musical instruments), appliances, precision items, electrical items, sporting +goods, office and art supplies, electrical equipment/items, paper products +(except pulp mills), metal and glass products. +               Office showroom/warehouse. +               Printing, publishing, and lithography. +               Production of artwork and toys, sign-making, movie production +facility, or photo-finishing laboratory. +               Repair of scientific or professional instruments and electric +motors. +               Sheet metal, welding, machine, tool repair shop, or studio. +               Woodworking, including cabinet makers and furniture +manufacturing. +         (C)   Research and Development. +            (i)   Definition. A facility focused primarily on the research and +development of new products. +            (ii)   Examples of Permitted uses. +               Laboratories, offices, and other facilities used for research +and development by or for any individual, organization, or concern, whether +public or private. +               Prototype production facilities that manufacture a limited +amount of a product in order to fully investigate the merits of such a product. +               Pilot plants used to test manufacturing processes planned for +use in production elsewhere. +               Production facilities and operations with a high degree of +scientific input. +               Facilities and operations in which the input of science, +technology, research, and other forms of concepts or ideas constitute a major +element of the value added by manufacture per unit of product. +         (D)   Vehicle Service. +            (i)   Definition. A facility providing repair and service to +passenger vehicles, light and medium trucks, and other con- sumer motor +vehicles such as motorcycles, boats, and recreational vehicles. +            (ii)   Examples of Permitted uses. +               Audio and alarm system installation, custom accessories, quick +lubrication facilities, auto detailing, minor scratch and dent repair, bedliner +installation, glass repair and replacement, tire sales and mounting, or full- +or self-service vehicle wash. +               Alignment shop, body shop, engine replacement or overhaul, +repair of cars, trucks, RVs, and boats, repair or replacement of brakes, +shocks, mufflers, and transmissions. +               Towing service or truck service. +         (E)   Wholesale trade. +            (i)   Definition. A facility involved in the sale, lease, or rental +of products to industrial, institutional, or commercial businesses only. The +use emphasizes on-site sales or order-taking and often includes display areas. +Products may be picked up on-site or delivered to the customer. +            (ii)   Examples of Permitted uses. +               None. +            (iii)   Examples of Prohibited uses. +               Mail-order house. +               Sale or rental of machinery, equipment, heavy equipment, +building materials, special trade tools, welding supplies, machine parts, +electrical supplies, plumbing supplies, janitorial supplies, restaurant +equipment, and store fixtures. +               Wholesale sales of food, clothing, auto parts, building +hardware, and similar products. +      (9)   Industrial Use Categories. +         (A)   Agriculture. +            (i)   Definition. A use that creates or preserves areas intended +primarily for the raising of animals and crops, conserva- tion, and the +secondary industries associated with agricultural production. +            (ii)   Examples of Permitted uses. +               None. +            (iii)   Examples of Prohibited uses. +               Animal raising including horses, hogs, cows, sheep, goats, +swine, poultry, rabbits, and other small animals. +               Apiculture, aquaculture, or dairying. +               Crop production, soil preparation, agricultural services, large +animal and veterinary services, or farm labor and management services. +               Floriculture, horticulture, pasturage, row and field crops, +viticulture, tree or sod farm, silviculture, or sale of agriculture products. +               Fish hatcheries and preserves. +               Grain, fruit, field crop and vegetable cultivation and storage. +               Hunting, trapping, and game propagation. +               Livestock, dairy, poultry, and egg products. +               Livestock auction. +               Milk processing plant. +               Packing house for fruits or vegetables. +               Personal or commercial animal breeding and development. +               Plant nursery or plant nursery with landscape supply. +               Poultry slaughtering and dressing. +               Timber tracts or forest nursery gathering of forest products. +         (B)   Heavy Industrial. +            (i)   Definition. A use emphasizing industrial businesses and the +sale of heavier equipment. Factory production and industrial yards are located +here. Sales to the general public are limited. +            (ii)   Examples of Permitted uses. +               None. +            (iii)   Examples of Prohibited uses. +               Any use that is potentially dangerous, noxious, or offensive to +neighboring uses in the district or those who pass on public ways by reason of +smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, +emission of particulate matter, interference with radio or television +reception, or radiation. +               Asbestos or radioactive materials. +               Animal processing, packing, treating and storage, livestock or +poultry slaughtering, concentrate plant, processing of food and related +products, production of lumber, tobacco, chemical, rubber, leather, clay, bone, +paper, pulp, plastic, stone, or glass materials or products, production or +fabrication of metals or metal products including enameling and galvanizing, +automobile dismantlers and recyclers. +               Bulk storage of flammable liquids, chemicals, cosmetics, drugs, +soaps, paints, fertilizers, and abrasive products. +               Commercial feed lot. +               Concrete batching and asphalt processing and manufacture or +batch plant. +               Earth-moving, heavy construction equipment or transportation +equipment. +               Explosives, fabricated metal products, and machinery. +               Impound lot, wrecker service including city wreckers, auto +storage, and wrecking, junk, or salvage yard. +               Manufactured or modular housing sales. +               Petroleum, liquefied petroleum gas, and coal products and +refining. +               Primary metal manufacturing. +               Pulp mill, rubber and plastic products, or rubber manufacturing. +               Scrap metal processors, sawmills, or secondary materials +dealers. +               Tanning and finishing of leather products. +               Trailer leasing, auction vehicle, or broker vehicle. +               Tire recapping, tobacco products, or transportation equipment. +         (C)   Resource Extraction. +            (i)   Definition. A use that extracts minerals and other solids and +liquids from land. +            (ii)   Example of Permitted uses. +               Gas drilling (see Article XII, “Gas Drilling and Production”). +            (iii)   Examples of Prohibited uses. +               Mining, dredging, earth extraction, clearing or grading (timber +cutting). +               Extraction of phosphate or minerals. +               Extraction of sand or gravel or borrow pit. +               Metal, sand, stone, gravel, or clay mining and other related +processing. +               Stockpiling of sand, gravel, or other aggregate materials. +         (D)   Warehouse and Distribution. +            (i)   Definition. A facility for the storage or movement of goods +for itself or other firms. Goods are generally delivered to other firms or the +final consumer with little on-site sales activity to customers. +            (ii)   Examples of Permitted uses. +               None. +            (iii)   Examples of Prohibited uses. +               Bulk storage, including nonflammable liquids, cold storage +plants, including frozen food lockers, household moving and general freight +storage, or separate warehouse used by retail store such as furniture or +appliance store. +               Bus barn. +               Central postal facility. +               Freight or service facility. +               Outdoor storage yard. +               Parcel services. +               Railroad switching yard, freight terminal, or piggyback yard. +               Transfer and storage business where there are no individual +storage areas or where employees are the primary movers of the goods to be +stored or transferred. +               Trailer storage or drop-off lot. +               Truck or motor freight terminal or service facility. +               Warehouse. +         (E)   Waste-Related Service. +            (i)   Definition. A use that receives solid or liquid wastes from +others for transfer to another location and a use that collects sanitary wastes +or that manufactures or produces goods or energy from the composting of organic +material. +            (ii)   Examples of Permitted uses. +               None. +            (iii)   Examples of Prohibited uses. +               Animal waste processing. +               Landfill. +               Manufacture and production of goods from composting organic +material. +               Recycling facility including recyclable material storage, +including construction material. +               Recycling drop-off facility, recycling buy-back center, or +recycling collection center. +               Solid or liquid waste transfer station, waste incineration. +   (e)   Transitional Uses. +      (1)   Purpose. +         When a form district is initiated, it may not be possible to develop +and completely transition the entire area at the inception. Transitional uses +are intended to provide an opportunity for owners in a form district to make +appropriate use of their property during the interim period as the district +develops. No transitional use is allowed without a specific use permit which +must contain a specified duration and, which may, if necessary, provide +regulations as provided in this subsection to ensure compatibility of the use +with surrounding property. +      (2)   Specific Use Permit. +         (A)   The uses listed in Paragraph (3) are permitted in the WMU and WR +districts subject to a specific use permit. +         (B)   A specific use permit approved for a transitional use must +contain a specified duration, which may not exceed five years. A specific use +permit for a transitional use is not subject to automatic renewal. No off- +street parking reductions are permitted. +         (C)   A specific use permit approved for a transitional use may modify +the following regulations of this article if the city council determines that +no adverse impact on surrounding properties will result: +            (i)   Section +51A-13.302, “Height.” +            (ii)   Section +51A-13.304, “Development Types.” +            (iii)   Section +51A-13.305, “Building Elements.” +         (D)   A specific use permit for a transitional use does not create +nonconforming rights in the use, structure, or any modifications of the +regulations of this article. Upon expi- ration of the specific use permit, +immediate compliance with all regulations of this article is required. +         (E)   No expiration of a specific use permit may occur while an +application for renewal of the specific use permit is pending before the city +plan commission or city council. If an application is pending at the end of the +current time limit stated in the specific use permit ordinance, the time limit +shall be extended as a matter of law: +            (i)   until the day following the next succeeding official agenda +meeting of the city council after the council makes a final decision to deny +the application; or +            (ii)   if the city council votes to create a new time limit, until +the effective date of the amending ordinance establishing the new time limit. +      (3)   List of Transitional Uses. +         (A)   All uses permitted under Section +51A-13.306, regardless of the district or development type in which the use is +located. +         (B)   Crop production. +         (C)   Building repair and maintenance shop. +         (D)   Catering service, large scale. +         (E)   Electronics service center. +         (F)   Tool or equipment rental. +         (G)   Lumber, brick, or building materials sales yard. +         (H)   Recycling collection center. +         (I)   Outdoor recreation, including, but not limited to, country club +with private membership, private recreation center, club, or area (outside), +public golf course, and com- mercial amusement (outside). +         (J)   Nursery or plant sales on an open lot. +      (4)   RTN District. +         Transitional uses are not permitted in the RTN district. +(Am. Ord. 30889, passed 6-13-18) +Division 51A-13.400. +Parking Regulations. +SEC. 51A-13.401.   GENERAL PROVISIONS. +   (a)   Accessory or Main Use. +      (1)   Except as provided in this division, all off-street parking must be +provided on the lot occupied by the main use. +      (2)   Off-street parking is considered an accessory use. +      (3)   Off-street parking may be provided as a main use, subject to the +standards of this article (see Commercial Parking). +      (4)   Parking may be provided in a parking overlay district in accordance +with Section +51A-13.410, “Parking Management Overlay (-PM).” +   (b)   Calculation of Required Parking. +      (1)   Except as provided in this division, when a lot is used for a +combination of uses, the parking requirements are the sum of the requirements +for each use, and no parking space for one use is included in the calculation +of the parking requirements for any other use. +      (2)   In determining the required number of parking spaces, fractional +spaces are counted to the nearest whole number, with one-half counted as an +additional space. +   (c)   Parking Charges. +      Except as provided in this subsection, required parking must be available +as free parking. Required parking located in a parking structure may be +available as free parking, contract parking, or parking on an hourly or daily +fee basis. On-street parking may be metered or otherwise be offered for a fee +by the city of Dallas or where authority has been appropriately delegated by +the city in a -PM overlay. +   (d)   Outdoor Dining. +      The area of any uncovered outdoor dining (not to exceed 50 percent of the +indoor dining area) is exempt from the calculation of required parking spaces. +   (e)   Maximum Reserved Parking. +      (1)   Surface parking spaces may be reserved for a specific tenant or +dwelling unit, provided that the following standards are not exceeded. +  +Use Reserved Spaces (maximum) + 1.5 per single-family living unit +  1.0 per one-bedroom multifamily living unit +Residential 1.0 per two-bedroom multifamily living unit + 2.0 per three-bedroom (or more) multifamily living unit +Nonresidential 1.2 per 1,000 SF +  +      (2)   Underground parking may be reserved without the imposition of +maximum standards. +   (f)   Surface Parking Cap (maximum). +      Surface parking may not exceed 125 percent of the required parking +specified in Sec- tion 13.402, except where the parking is part of a -PM +overlay. +   (g)   Handicapped Parking. +      If more than 10 parking spaces are required, handicapped parking spaces +are re- quired as set out in Section +51A-4.305, and designed in accordance with the latest edition of the city of +Dallas Off-Street Parking and Driveways Handbook (latest edition). +SEC. 51A-13.402.    REQUIRED PARKING. +   (a)   Spaces Required. +      (1)   RTN District Required Spaces. +         (A)   Except as otherwise provided, the residential parking design +standards of Division 51A-4.300 and the number of required off-street parking +spaces in Division 51A-4.200 apply in the RTN district. +         (B)   No compact parking is permitted on surface parking lots. A +maximum of 20 percent of the required parking in a structure may be compact +parking. +         (C)   No parking reductions are permitted in the RTN district. +      (2)   WMU and WR District Required Spaces. +         The following spaces are required in the WMU or WR districts. +         Required Parking in WMU and WR Districts + Use Category Number of Spaces Required + Use Category Number of Spaces Required + 1.50 per single-family living unit +    1.15 per one-bedroom or smaller multifamily living unit +  Household 1.65 per two-bedroom multifamily living unit +Residential living 2.00 per three-bedroom or larger multifamily living unit + 0.70 per retirement housing living unit + Group living 0.25 per bed PLUS 1 per 200 SF office, minimum 4 + Community 1 per 200 SF + service + Day care 1 per 500 SF + 1.50 per elementary classroom +    3.50 per junior high or middle classroom +  Educational 9.50 per senior high classroom +  1 per 25 SF seats in any other classroom type +  Government 1 per 200 SF +  service +  Park/open None +Civic space + Place of 1.00 per 4 fixed seats or per 18” length of bench OR 1 per 28.00 SF floor + worship area without seating + Social see Group Living + service + Medical 1 per 222 SF + Office, + except: +  Art studio, 1 per 333 SF +Office gallery 1 per 500 SF + Financial 1 per 222 SF + services, 1 per 167 SF + Bank Call + center + Restaurants, 1 per 100 SF +  except: Bar, 1 per 83 SF +Retail private club + Retail sales 1 per 250 SF + Vehicle sales 1 per 200 SF sales area + Commercial + amusement 1 per 200 SF + (inside),   + except: Dance 1 per 25 SF + hall +  Indoor +  recreation, 1 per 150 SF +Service and except:   +Entertainment Health club 1 per 143 SF + or spa Movie 0.27 per seat + theater 0.40 per seat + Performing + arts theater + Personal 1 per 250 SF + service + Overnight 1.25 per room PLUS 1 per 200 SF of meeting room +Commerce lodging + Self-service minimum 6 + storage + Light 1 per 600 SF + manufacturing +  Research & 1 per 300 SF +Fabrication development + Vehicle 1 per 500 SF, minimum 5 + service +  +   Note:   The parking requirements of Division 51A-4.200 apply to uses not +listed in the preceding chart nor deemed to be an equivalent use pursuant to +the provisions of Section +51A-13.306, “Uses.” +(Am. Ord 31470, passed 2-24-20) +SEC. 51A-13.403.    PARKING REDUCTIONS. +   (a)   General. +      (1)   No parking reductions are permitted in the RTN district. +      (2)   In the WR and WMU districts, if a parking reduction is requested, +delta credits may not be used to supply required parking, and all rights to +future delta credits must be relinquished except in the following cases: +         (A)   any building certified or eligible for certification as historic +on the National Register of Historic Places or located within a city of Dallas +historic overlay district; and +         (B)   any building on the city of Dallas Landmark Commission’s +historic resources list. +   (b)   Maximum Parking Reductions. +      The maximum cumulative parking reduction allowed under Section +51A-13.403, “Parking Reductions,” and Section +51A-13.501(f ), “Pedestrian Amenities,” is 50 percent of the parking specified +in Section +51A-13.402(a)(2). +   (c)   Access to Transit. +      (1)   Rail Transit Station Access. +         (A)   The following parking reductions apply for locations within a +2,640-foot walking distance of a rail transit station: +            (i)   A parking reduction of two percent for properties located +within a 1,321- to 2,640-foot walking distance of a rail transit station. +            (ii)   A parking reduction of 15 percent for properties located +within a 601- to 1,320-foot walking distance of a rail transit station. +            (iii)   A parking reduction of 25 percent for properties located +within a 600- foot walking distance of a rail transit station. +         (B)   The rail transit station must be in operation or anticipated to +be in operation within one year of the requested reduction. +         (C)   For purposes of this paragraph, a stop on a fixed rail system is +considered a rail transit station. +      (2)   Bus or Trolley Transit. +         The building official may approve a five percent reduction in the +number of required parking spaces for uses with a main entrance within a 600- +foot walking distance of an improved bus or trolley transit stop providing both +shade and seating. This reduction will be granted only where a rail transit +station is not available. +      (3)   Measurement of Walking Distance. +         Walking distance is measured from the primary entrance of the use to +the rail platform (or in the case of an underground station, the top of the +nearest elevator, stair, or escalator leading to the rail platform) or the +nearest bus boarding location using the most convenient pedestrian path. +      (4)   Restaurant and Bar Uses. +         No parking reduction for access to transit is allowed for restaurant +or bar uses located within a 600-foot radius of the property in a residential +district other than multifamily. For purposes of this subparagraph, distance is +measured from the primary entrance of the bar or restaurant use to the nearest +point of the property in a residential district other than multifamily. +   (d)   Access to Car-Sharing Program. +      The building official may approve a reduction in the number of required +parking spaces for residential units in a residential project or mixed use +project with a residential component where an active car-sharing program is +made available to residents, and where cars for the program are available on +the site or within a 600-foot walking distance of the site. The building +official may reduce parking requirements by five spaces for each car-share +vehicle available. +   (e)   Affordable Housing. +      (1)   The building official may approve a reduction in the number of +spaces for each standard affordable housing dwelling unit, as defined in +Division 51A-4.900, to 50 percent of the spaces required in Section +51A-13.402(a)(2) provided the following findings are made: +         (A)   any parking problems that may be caused by the development in +the future can be corrected either on-site or on one or more sites in the +immediate area that are bound by a covenant running with the land to provide +parking for the site in question; and +         (B)   alternate transportation is available for the residents of the +development or public transportation is within 1,320 feet of the site. +      (2)   Approval is conditioned upon the owner of the property recording a +covenant, approved as to form by the city attorney. The covenant must run with +the land for the benefit of the city. The covenant must also ensure that no +change in the affordable housing status of the property as described in the +application is allowed unless parking that meets the requirement of all +applicable laws in effect at the time the affordable housing status change is +provided. +   (f)   Employer Transportation Demand Management (TDM). +      (1)   The building official may approve up to a 25 percent reduction in +the number of spaces for uses that institute and commit to maintain a +transportation demand management (TDM) program, considering information the +applicant submits that clearly indicates the types of TDM activities and +measures proposed. The applicant must demonstrate to the satisfaction of the +building official that a specific reduction will occur. If the applicant +demonstrates that a specific reduction will occur, the building of- ficial +shall reduce the amount of required parking equal to the amount of the +reduction, up to a maximum of 25 percent. +      (2)   There is no limitation on the types of TDM activities for which +reductions may be granted. The following measures serve as a guide to potential +transportation management activities that may be used in combination to reduce +parking demand. +      (3)   No TDM program may be discontinued without notice to the building +official and proof of compliance with all applicable parking requirements. +      (4)   No TDM program may be changed without the approval of the building +official. The building official may approve a change only if the applicant +demonstrates that the changes proposed will either maintain the previously +approved reduction, support an increase in the previously approved reduction, +or that parking is provided to compensate for any reduction lost by the +proposed change to the plan. +         (A)   Transportation Coordinator. +            The occupant of the use may appoint an employee to act as +transportation coordinator with responsibility for disseminating information on +ride-sharing and other transportation options that may be cause for a reduction +in otherwise applicable parking requirements. In addition to acting as +liaisons, transportation coordinators must be available to attend meetings and +training sessions with transit providers. +         (B)   Preferential Parking. +            The occupant of the use may provide specially marked spaces for +each registered car pool and van pool. +         (C)   Financial Incentives. +            The occupant of the use may provide cash or in-kind financial +incentives for employees telecommuting or commuting by car pool, van pool, and +mass transit. +         (D)   Telecommuting. +            The occupant of the use may allow work from home or otherwise +outside the facility on specific days. +         (E)   Emergency Ride Home. +            The occupant of the use may provide an emergency ride home for +those with family, medical, or other similar emergencies. +   (g)   Increased Pedestrian Amenities. +      A parking reduction of two percent will be granted where a higher level +of pedes- trian amenity is provided in accordance with Section +51A-13.501(f), “Pedestrian Amenities.” +   (h)   Underground Office Parking. +      When all or part of the parking for an office use is provided +underground, the building official shall approve a parking reduction of 0.33 +spaces for each space provided underground. +   (i)   Tree Preservation. +      (1)   The building official may approve a reduction in the number of +parking spaces required by one space for each protected tree (as defined in +Article X) retained that would otherwise have to be removed to provide required +parking. +      (2)   The preserved tree must be protected from vehicular traffic through +the use of concrete curbs, wheel stops, or other permanent barriers and meet +the planting area requirements of Section +51A-10.104. +      (3)   The maximum reduction authorized by this subsection is five percent +or one space, whichever is greater. +(Am. Ord. 30889, passed 6-13-18) +SEC. 51A-13.404.   SPECIAL PARKING REGULATIONS. +   (a)   Purpose. +      (1)   This section provides alternatives to standard parking design. +      (2)   Joint parking allows the connection of parking lots on abutting +properties. +      (3)   Shared parking allows an exception to the requirement that no +parking space for one use be included in the calculation of the parking +required for any other use. +      (4)   On-street parking provides credit for adjacent on-street spaces. +      (5)   Packed parking provides more efficient surface parking through the +reduction of maneuvering area on a lot when an attendant is used to park +vehicles. +      (6)   Remote parking allows an exception to the requirement that all +parking be provided on the lot occupied by the main use. +      (7)   Tandem parking provides for cars to be more efficiently parked by +stacking one behind the other. +   (b)   General Standards. +      (1)   Special parking may account for 100 percent of the parking required +for any use. +      (2)   Special parking may not be located in a residential district, +except that civic and place of worship uses may provide parking in residential +districts on the same lot where these uses are located. Nonresidential uses in +residential districts may also use special parking, provided that the special +parking is not located in a residential district. +      (3)   Special parking must comply with all codes, ordinances, rules, and +regulations of the city and may not create safety hazards. +   (c)   Joint Parking. +      (1)   Uses abutting one another may physically connect their parking +areas at the lot line to create connecting drive aisles, provided a mutual +access easement accept- able to the city has been executed. The agreement must +ensure that maneuvering space for required parking spaces in both parking areas +is preserved. See Section +51A-4.328. +      (2)   The use of joint parking does not by itself authorize a reduction +in the number of required spaces. +   (d)   Shared Parking. +      (1)   Uses sharing parking must have either mutually exclusive or +compatibly overlapping hours of operation. The building official shall +determine whether the hours of operation are compatibly overlapping on a case- +by-case basis through the use of the ULI Shared Parking Model (latest edition). +      (2)   The building official shall use the ULI Shared Parking Model, +assuming the national averages provided in the accompanying manual. +Modification of the weekday or weekend employee/customer or resident/visitor +parking ratios, captive market percentages for visitors and employees, drive +percentages for visitors and employees, monthly or time of day adjustment +factors, or any other model assumptions are permitted only through the parking +special exception process. +      (3)   The building official is expressly authorized to apply the +reductions of Section +51A-13.403, “Parking Reductions,” prior to running the ULI Shared Parking +Model. +   (e)   On-Street Parking. +      (1)   A parking space located on a public street may be included in the +calculation of parking requirements if it is adjacent to the building site +where the use is located. +      (2)   Each on-street parking space may only be counted for one use, +except that an on-street parking space may be used to reduce the combined total +parking requirement of a mixed use project. +      (3)   An on-street parking space that is not available to the public at +all times of the day may only be counted as a partial parking space in +proportion to the amount of time that it is available. For example, a parking +space that is available to the public only eight hours per day will be counted +as one-third of a parking space (8 ÷ 24 = 1/3). The total of the limited- +availability parking spaces will be counted to the nearest whole number, with +one-half counted as an additional space. +   (f)   Packed Parking. +      (1)   The passenger loading and unloading area for packed parking must +have adequate means of ingress to and egress from a street or an alley. The +building official shall only consider alley access in satisfaction of this +requirement when alley access is permitted by this article. +      (2)   All maneuvering, parking, and loading for packed parking must be +accomplished on private property. +      (3)   The area of each packed parking space must be no less than 145 +square feet. +      (4)   An access lane that is no less than 24 feet wide must be provided +through the packed parking area. +      (5)   An attendant must be provided to park vehicles during all business +hours of the main use. A valet parking license may also be required. See +Division 3, “Valet Park- ing Services,” of Article VI of Chapter 43 of the +Dallas City Code. +      (6)   A sign must be prominently displayed at all entrances of a packed +parking lot. +         (A)   Each sign must state: +            (i)   that all or a portion of the lot is restricted to packed +parking serving the main use; +            (ii)   that an attendant must be provided during all business hours +of the main use; +            (iii)   the business hours of the main use; +            (iv)   a phone number specified by the building official to be used +for reporting violations of this division; +            (v)   the phone number of the valet licensee; and +            (vi)   the issuance number of the valet license. +         (B)   Each sign must be constructed of weather resistant material. +         (C)   Each sign must be no less than 30 inches wide and 24 inches +long. +         (D)   Each sign must contain clearly legible letters in a color that +contrasts with the background material of the sign. +   (g)   Remote Parking. +      (1)   Remote parking must be located within a walking distance of 300 +feet from the use served by the remote parking unless an extension of walking +distance is approved by the building official. +      (2)   The building official shall extend the walking distance for remote +parking to no more than 600 feet unless the extension would: +         (A)   significantly discourage patrons of the use from using the +remote parking; +         (B)   unreasonably endanger the safety of persons or property; or +         (C)   not otherwise be in the public interest. +      (3)   A license is required to authorize an extension of walking distance +beyond 600 feet. The building official must require that either a shuttle or an +attendant be provided by the applicant as a condition to approval of an +extension of the walking distance for remote parking beyond 600 feet. +         (A)   If a shuttle is required, it must: +            (i)   transport patrons between the main use and the remote parking +lot; +            (ii)   be adequately staffed during all hours of operation of the +main use; and +            (iii)   have adequate seating capacity to accommodate patrons +expected to use the remote parking. +         (B)   If an attendant is required, the attendant shall drive vehicles +of patrons between the main use and the remote parking lot. A valet parking +license may also be required. See Division 3, “Valet Parking Services,” of +Article VI of Chapter 43 of the Dallas City Code. +         (C)   The building official may not authorize remote parking to be +located beyond a walking distance of 2,640 feet from the main use. +      (4)   A sign must be prominently displayed at all entrances of a remote +parking lot and at all entrances of a parking lot providing on-site parking for +the main use. Each sign must: +         (A)   illustrate or describe the location of the remote parking in +relation to the main use; +         (B)   be constructed of weather resistant material; +         (C)   be no less than 30 inches wide and 24 inches long; and +         (D)   contain clearly legible letters in a color that contrasts with +the back- ground material of the sign. +   (h)   Tandem Parking. +      (1)   Tandem parking is allowed for: +         (A)   single-family living; +         (B)   multifamily living; and +         (C)   the residential component of a mixed-use project. +      (2)   Two parking spaces in tandem must have a combined minimum dimension +of nine feet in width by 34 feet in length. +      (3)   Up to 85 percent of the total parking spaces provided for +residential projects may incorporate tandem parking. +      (4)   For residential projects, both parking spaces in tandem must be +assigned to the same dwelling unit. +      (5)   Tandem parking may not be used to provide guest parking. +SEC. 51A-13.405.   DESIGN AND MAINTENANCE. +   (a)   Parking Handbook Applies. +      All off-street parking spaces and areas must comply with the guidelines +estab- lished in the city of Dallas, Off-Street Parking and Driveways Handbook +(latest edition). The director shall keep a true and correct copy of the +handbook on file for public inspection upon request. +   (b)   Location of Parking. +      Parking must comply with the parking setback standards as set forth for +each development type in Section +51A-13.304, “Development Types.” +   (c)   Dimensional Standards. +      Except as provided in this division, each off-street parking space must +be provided in accordance with the dimensional standards as set out in Section +51A-4.301(d)(1) and the Off-Street Parking and Driveways Handbook (latest +edition). +   (d)   Parking Surface. +      Permeable paving such as pervious asphalt or concrete is permitted. +   (e)   Residential Alley Access Restrictions. +      Residential alley restrictions in Section +51A-4.301(h), “Residential Alley Access Restrictions for Nonresidential Uses,” +apply in the WMU, WR and RTN districts. +SEC. 51A-13.406.    PARKING LOT LIGHTING. +All parking lot lighting must meet the standards of Section +51A-13.601, “Site Light- ing.” +SEC. 51A-13.407.   REQUIRED STACKING SPACES. +The required number of stacking spaces in Division 51A-4.200 apply to each use, +and the design requirements of Section +51A-4.304(c) apply to any stacking spaces provided. +SEC. 51A-13.408.   SURFACE PARKING SCREENING AND LANDSCAPING. +   (a)   Screening Required. +      (1)   Off-street surface parking must be screened in the following +instances: +         (A)   Where the parking area serves a nonresidential use contiguous +with a residential use or vacant lot in an A, A(A), R, R(A), D, D(A), TH, TH +(A), CH, MF, MF(A), MH, MH(A), or RTN district. +         (B)   Where the parking area serves a multifamily use contiguous with +a single-family or duplex use or a vacant lot in an R, R(A), D, D(A), TH, TH +(A), CH, or RTN district. +      (2)   If an alley separates a parking area from another use, the use is +considered contiguous to the parking area. If a street separates a parking area +from another use, the use is not considered contiguous to the parking area. +   (b)   Screening Standards. +      (1)   Required screening for off-street parking must be a brick, stone, +concrete masonry, stucco, or concrete wall that is not less than six feet in +height. No wall may have more than 10 square inches of open area for each +square foot of surface area, and may contain a maximum of two openings or gates +for vehicular access (although openings or gates for pedestrian access are +acceptable). +      (2)   Either one large canopy tree or two large non-canopy trees are +required along any parking lot screening for every 50 linear feet of the +screening wall, with trees spaced no less than 25 feet apart. +   (c)   Surface Parking Landscaping. +      (1)   Parking spaces in a surface parking lot may not be more than 60 +feet from a large canopy tree planted in a median or island. +      (2)   Each tree must have a caliper of at least two inches and may not be +planted closer than four feet to the paved portion of the parking lot. +      (3)   A median or island in a surface parking lot must be a minimum of +125 square feet in area. +      (4)   Where no building lies between the sidewalk and a surface parking +lot, a perimeter buffer around the parking lot is required. (See also Section +51A-13.503(f), “Parking Buffer (ST-6).”) The perimeter buffer must consist of: +         (A)   a brick, stone, concrete masonry, stucco, or concrete wall that +is not less than 30 inches in height. No wall may have more than 10 square +inches of open area for each square foot of surface area, and may contain a +maximum of two openings or gates for vehicular access (although openings or +gates for pedestrian access are acceptable); or +         (B)   a planting strip not less than five feet in depth, planted with +landscape materials that will form a continuous, evergreen hedge of not less +than 30 inches in height. Landscape materials must be no less than 24 inches in +height at time of plant- ing, and must be maintained at no greater than 48 +inches in height. +   (d)   Maintenance of Landscaping and Screening. +      The owner of off-street parking must maintain required landscaping and +screening in compliance with the requirements of this section. +SEC. 51A-13.409.    PARKING SPECIAL EXCEPTIONS. +   (a)   Exceptions Allowed. +      The following exceptions are allowed in addition to any permitted +reductions authorized in this division. +      (1)   Parking Design. +         (A)   The board of adjustment may grant a special exception to the +parking design standards of this division if the board of adjustment +determines, after a public hearing, that the special exception will not +adversely affect neighboring property. +         (B)   In determining whether to grant a special exception, the board +of adjustment shall consider the following factors: +            (i)   Hours of use for the parking area. +            (ii)   Size and configuration of the lot on which the parking area +is located. +      (2)   Parking Demand. +         (A)   The board of adjustment may grant a special exception to +authorize a reduction in the number of parking spaces required under this +division if the board of adjustment finds, after a public hearing, that the +parking demand generated by the use does not warrant the number of parking +spaces required, and the special exception would not create a traffic hazard or +increase traffic congestion on adjacent or nearby streets. +         (B)   The maximum reduction authorized by this paragraph is 25 percent +or one space, whichever is greater. +         (C)   In determining whether to grant a special exception for reduced +parking demand, the board of adjustment shall consider the following factors: +            (i)   The extent to which the parking spaces provided will be +remote, shared, or packed parking. +            (ii)   The parking demand and trip generation characteristics of +all uses for which the special exception is requested. +            (iii)   The current and probable future capacities of adjacent and +nearby streets based on the city’s thoroughfare plan. +            (iv)   The availability of public transit and the likelihood of its +use. +            (v)   The feasibility of parking mitigation measures and the +likelihood of their effectiveness. +         (D)   In granting a special exception for reduced parking demand, the +board of adjustment shall specify the use or uses to which the special +exception applies. A special exception granted by the board of adjustment for a +particular use automatically and immediately terminates if that use is changed +to a new use or discontinued. +         (E)   The board of adjustment may not grant a special exception for +reduced parking demand to reduce the number of parking spaces required in an +ordinance granting or amending a specific use permit. +      (3)   ULI Shared Parking Model Factors. +         The board of adjustment may grant a special exception to allow +modification of the weekday or weekend employee/customer or resident/visitor +parking ratios, captive market percentages for visitors and employees, drive +percentages for visitors and employees, monthly or time of day adjustment +factors, or any other model assumptions of the ULI shared parking model. The +board of adjustment must find that the alternative model assumptions are more +appropriate given the specific location or characteristics of the proposed mix +of uses. +      (4)   Tree Preservation. +         (A)   The board of adjustment may grant a special exception to +authorize a reduction in the number of parking spaces required under this +division if the board of adjustment finds, after a public hearing, that the +reduction will result in the preservation of an existing protected tree. +         (B)   The preserved tree must be protected from vehicular traffic +through the use of concrete curbs, wheel stops, or other permanent barriers. +         (C)   The reduction authorized by this paragraph is equal to the +number of existing protected trees preserved, except that the maximum reduction +authorized by this paragraph is 10 percent or one space, whichever is greater. +No reduction may be granted under this paragraph for the preservation of any +tree for which a parking reduc- tion has been obtained under Section +51A-13.403(i), “Tree Preservation.” +      (5)   Stacking Spaces. +         (A)   The board of adjustment may grant a special exception to +authorize a reduction in the number of stacking spaces required if the board of +adjustment finds, after a public hearing, that the stacking demand generated by +the use does not warrant the number of stacking spaces required, and the +special exception would not create a traffic hazard or increase traffic +congestion on adjacent and nearby streets. +         (B)   The maximum reduction authorized by this paragraph is two spaces +for each of the first two drive-through windows, or 25 percent of the total +number of required spaces, whichever is greater. +         (C)   In determining whether to grant a special exception, the board +of adjustment shall consider the following factors: +            (i)   The stacking demand and trip generation characteristics of +all uses for which the special exception is requested. +            (ii)   The current and probable future capacities of adjacent and +nearby streets based on the city’s thoroughfare plan. +         (D)   In granting a special exception, the board of adjustment shall +specify the use or uses to which the special exception applies. A special +exception granted by the board of adjustment for a particular use automatically +and immediately terminates if that use is changed to a new use or discontinued. +         (E)   The board of adjustment may not grant a special exception to +reduce the number of stacking spaces required in an ordinance granting or +amending a specific use permit. +   (b)   Restrictions or Conditions. +      In granting a special exception under this section, the board of +adjustment may: +      (A)   establish a termination date for the special exception; +      (B)   provide for the reassessment of conditions after a specified period +of time; +      (C)   impose restrictions on access to or from the subject property; or +      (D)   impose any other reasonable condition necessary to improve traffic +safety, lessen congestion on the streets, or ensure adequate parking. +SEC. 51A-13.410.    PARKING MANAGEMENT OVERLAY (-PM). +   (a)   General Provisions. +      (1)   A Parking Management (-PM) overlay may only be established within a +WMU or WR district, or within a WMU or WR district and a contiguous MU +district, or within a WMU or WR district and a contiguous planned development +district for MU district uses. +      (2)   The establishment or amendment of a -PM overlay is a change in +zoning district classification and must follow the procedures set out in +Section +51A-4.701. +   (b)   Establishing a -PM overlay. +      (1)   The applicant must submit a site plan that includes: +         (A)   a map and the legal description of the property within the +proposed district; +         (B)   the location of existing and proposed parking spaces within the +proposed district, including any on-street parking spaces; +         (C)   all uses the proposed district will serve; +         (D)   any parking reduction or parking special exception granted +within the boundaries of the -PM overlay; +         (E)   the method of ingress and egress to each parking area; +         (F)   screening, lighting, and landscaping of each parking area; +         (G)   the entity responsible for managing the required parking within +the proposed overlay, limited to the board of a public improvement district +(PID), tax increment financing reinvestment zone (TIF), or parking authority, +the city, or other govern- mental entity established under Texas law; and +         (H)   any other information the director determines is necessary for a +complete review of the proposed overlay. +      (2)   In establishing a -PM overlay, the city council may impose +conditions to ensure adequate parking and efficient management of parking +within the overlay. +   (c)   Meeting Parking Standards. +      For purposes of meeting parking standards, the entire area within the -PM +over- lay shall be considered one lot. In order to measure compliance for a +site plan or certifi- cate of occupancy, the applicant must provide a table +demonstrating compliance with the requirements of this division. +SEC. 51A-13.411.   OFF-STREET LOADING. +   (a)   Off-Street Loading Not Required. +      Off-street loading is not required for any use. +   (b)   Location and Design Standards. +      If off-street loading is provided, it must meet the following standards. +      (A)   Ingress to and egress from off-street loading spaces must have at +least the same vertical height clearance as the off-street loading space. +      (B)   Each off-street loading space must be designed with a reasonable +means of vehicular access from the street or alley in a manner which will least +interfere with traffic movement. +      (C)   Each off-street loading space must be independently accessible so +that no loading space blocks another loading space. +      (D)   Trash removal facilities and other structures must not block a +loading space. The design of the ingress, egress, and maneuvering area must be +approved by the director. +      (E)   Off-street loading must be located behind the parking setback. +(Am. Ord. 30889, passed 6-13-18) +SEC. 51A-13.412.    NONCONFORMING PARKING. +   (a)   A use that is nonconforming as to parking may be expanded only if the +parking spaces required to serve the additional area are provided. +   (b)   A use that is nonconforming as to parking may be changed to another +allowed use requiring more parking if parking spaces for the additional demand +are provided. +   (c)   A use that is nonconforming as to parking may be changed to another +allowed use that requires less parking. +   (d)   Additional required parking for a nonconforming site must be +calculated based on the difference between the required parking in Section +51A-13.402 for the prior use and the required parking for the new use. +Additional spaces must be made available to accommodate this difference. These +additional spaces may be provided through the use of special parking. +Division 51A-13.500. +Minor Streets and Streetscapes. +SEC. 51A-13.501.   GENERAL PROVISIONS. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9383.png] +   (a)   Planting Zone. +      (1)   The planting zone is the area nearest to the curb within the public +right-of-way. +      (2)   Street trees must be planted in the planting zone in accordance +with the applicable street cross-section (see Section +51A-13.502, “New Minor Streets,” and Section +51A-13.503, “Existing Streets”). +      (3)   One large canopy tree must be planted every 40 feet on center, on +average. All street trees must have a minimum caliper of three inches at the +time of installation. +      (4)   Where utilities exist or are proposed, two small trees may replace +a required large canopy tree except where a mixed-use shopfront or single-story +shopfront is proposed or required. If the replacement small trees conflict with +utilities and cannot be planted within the planting zoen, the replacement small +trees must be planted within the door yard, but no closer than five feet from +the building facade. Replacement small trees must be planted as evenly spaced +as possible considering utility conflicts. +      (5)   The planting zone may be hardscaped with tree grates or landscaped +with a tree lawn. +      (6)   The planting zone must remain clear of obstacles at all times +except as provided for in Section +51A-13.501(d), “Encroachments.” +   (b)   Sidewalk Zone. +      (1)   The sidewalk zone is the area between the planting zone and the +front property line or right-of-way easement within the public right-of-way. +      (2)   The sidewalk zone must remain clear of obstacles at all times and +must be constructed to meet all city and ADA specifications. +   (c)   Door Yard Zone. +      (1)   The door yard is the area between the sidewalk zone and the front +building facade. +      (2)   Except in an -SH overlay, the door yard may be hardscaped or +landscaped. In a -SH overlay, the door yard must be hardscaped. +      (3)   The door yard must remain clear of obstacles at all times except as +specifically provided for in Section +51A-13.501(d), “Encroachments.” +   (d)   Encroachments. +      (1)   Planting Zone. +         The following encroachments are permitted in the planting zone subject +to approval of a license for use of public right-way issued in accordance with +Article VI of Chapter 43 of the Dallas City Code. +         (i)   Benches, trash receptacles, newspaper racks, and bicycle racks. +         (ii)   Utility boxes, meters, man hole covers, regulatory signs, and +fire suppression equipment. +         (iii)   Pedestrian lighting. +         (iv)   Landscaping, sidewalk, trees, tree grates, and planters. +      (2)   Sidewalk Zone. +         Except as permitted in Section +51A-13.503(g), “Nonconforming Streetscapes,” no encroachments are permitted +over or in the sidewalk zone. +      (3)   Door Yard Zone. +         The following encroachments are permitted in the door yard. +         (i)   Galleries, awnings, balconies, stoops, and front porches in +accordance with Section +51A-13.305, “Building Elements.” +         (ii)   Outdoor seating areas. +         (iii)   A maximum three-foot-high fence. +         (iv)   Outdoor display in accordance with Section +51A-13.602, “Outdoor Storage and Display.” +         (v)   Signs in accordance with Section +51A-13.603, “Signs.” +         (vi)   Benches, trash receptacles, public art, water features, bicycle +racks, and bollards. +         (vii)   Pedestrian lighting. +         (viii)   Utility boxes, meters, man hole covers, and fire suppression +equipment. +         (ix)   Landscaping, sidewalks, trees, tree grates, and planters. +   (e)   Easements. +      (1)   The sidewalk zone, planting zone, and on-street parking area may be +provided on private property provided the sidewalk zone, planting zone, and on- +street parking area are located within an easement permanently dedicated to the +city. +      (2)   The dedicated easement must provide the city with perpetual access +to allow for customary public use, including but not limited to, the provision +of public signs, street lighting, parking meters, and public utilities. +      (3)   The easement cannot be used for underground structures of any kind +except those associated with underground utilities. +   (f)   Pedestrian Amenities. +      (1)   Applicability. +         The following pedestrian amenities apply in the WMU and WR districts. +      (2)   Location. +         Pedestrian amenities must be provided within the door yard or planting +zone. +      (3)   Required Amenities. +         The following pedestrian amenities are required: +         (i)   Benches at one per 300 feet of frontage on at least one primary +street. +         (ii)   Trash receptacles at one per 300 feet of frontage on at least +one primary street. +         (iii)   Bicycle parking at one five-bicycle rack per 300 feet of +frontage on at least one primary street. +      (4)   Optional Amenities. +         (A)   In General. +            A minimum of two of the pedestrian amenities or enhancements listed +in this subparagraph are required to obtain a two percent parking reduction. +         (B)   Galleries, Arcades, and Awnings. +            Galleries, arcades, or awnings with a minimum length of 25 feet per +100 feet of building facade must be provided along the frontage in accordance +with Section +51A-13.305, “Building Elements.” +         (C)   Pedestrian Passage. +            A mid-block pedestrian passage, available at all times to the +general public, must be provided and constructed in accordance with Section +51A-13.502(b)(7), “Pedestrian Passage.” +         (D)   Public Open Space. +            An additional two percent of net land area must be provided as +public open space in accordance with Section +51A-13.304(k), “Open Space Lot,” either on- or off- site (within a walking +distance of 1,320 feet). To obtain this credit, the dedication of public open +space must be accepted by the city of Dallas. +         (E)   Building Materials. +            (i)   At least 85 percent of the exterior finish of all buildings +(not including windows and doors) must be masonry. For purposes of this +paragraph, masonry materials include stone, cementitious simulated stone, +brick, portland cement stucco, and cementitious siding. +            (ii)   The use of no more than 15 percent of the following +materials may be used on the exterior finish of a building: +               (aa)   Pre-cast masonry (for trim and cornice elements only). +               (bb)   Glass fiber reinforced fiber concrete and fiberglass +reinforced plastic (for trim elements only). +               (cc)   Metal (for beam lintels, trim elements, and ornamentation +only). +               (dd)   Split-faced concrete masonry unit (only for piers and +foundation walls). +               (ee)   Glass block (no closer than 30 inches to building +corners). +               (ff)   Fabric for awnings. +         (F)   Public Art. +            Public art (including water features), approved in writing by the +director of cultural affairs or the cultural affairs commission, must be +provided. +         (G)   Pedestrian Lighting. +            Pedestrian lighting (free-standing or wall-mounted) must be +provided at one per 75 feet of frontage. +         (H)   Underground Utilities. +            All utilities must be provided underground. +      (5)   Maintenance. +         All pedestrian amenities must be maintained by the owner of the lot; +if there is more than one owner, all owners are jointly and severally liable +for maintenance. +   (g)   No Waiver Permitted. +      No waiver of the minor street or streetscape provisions of this division +is allowed through the subdivision process. +(Am. Ord. 29827, passed 8-15-15; Am. Ord. 30889, passed 6-13-18) +SEC. 51A-13.502.    NEW MINOR STREETS. +   (a)   Block and Street Standards. +      (1)   Except as provided in this subsection, in WR and WMU districts, no +blockface may be greater than 500 feet in length without an alley, street, or +pedestrian passage providing through-access to another alley, street, or +pedestrian passage. If an alley, street, or pedestrian passage cannot connect +to another alley, street, or pedestrian passage because one does not exist, +through-access must be provided by an alley, street, or pedestrian passage to +the rear property line. +      (2)   An individual lot with less than 100 feet of street frontage is +exempt from the requirements in Paragraph (1) above. +      (3)   The building official may issue a waiver to the requirement in +Paragraph (1) above if building official finds that the spirit and intent of +this subsection has been met and: +         (A)   the property shares a property line with a cemetery, Dallas Area +Rapid Transit right-of-way, a railroad, a levee, or a natural feature such as +floodplain, escarpment, waterways, or similar features; or +         (B)   the location and size of an existing building prevents the +property from being developed in accordance with Paragraph (1) above. +   (b)   Street Cross-Sections. +      (1)   General. +         Alternative on-street parking configuration other than those shown +(including reverse angle parking) and travel lane increases, up to 10 percent, +may be approved by the director of public works and transportation. +      (2)   New Streets. +         The following requirements apply to the construction of new streets +within a WMU, WR, or RTN district. All streets must be two-way and be +constructed with a maxi- mum design speed of 35 mph. +         (A)   Parallel Parking (MS-1A). +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9385.png] +         (B)   Angle (60°) Parking (MS-1B). +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9387.png] +      (3)   Residential Streets. +         The following requirements apply to the construction of new +residential streets within a RTN district. All streets must be two-way and be +constructed with a maxi- mum design speed of 30 mph. When RTN applies to either +side of a street and the other side of the street is in a WMU or WR district, +both sides of the street must use the RTN cross-section. +         (A)   Parallel Parking (MS-2A). +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9389.png] +         (B)   Yield with Parallel Parking (MS-2B). +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9391.png] +      (4)   Service Street (MS-3A). +         (A)   The following requirements apply to the construction of new +service streets within a WMU and WR district. +         (B)   All service streets must be two-way and be constructed with a +maximum design speed of 30 mph. +         (C)   A hedge or low wall not less than 30 inches in height at the +time of installation must be provided within the parking setback area to screen +the edge of the vehicular use area or parking structure. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9393.png] +      (5)   Alley. +         The following requirements apply to the construction of new alleys +within a WMU, WR, and RTN district. When a residential use abuts both sides of +an alley, the cross-section for a residential alley (MS-4B) is required, +otherwise the cross-section for a commercial alley (MS-4A) is required. +         (A)   Commercial Alley (MS-4A). +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9395.png] +         (B)   Residential Alley (MS-4B). +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9397.png] +      (6)   Shared Access Area. +         The following requirements apply to the construction of a shared +access area. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9399.png] +      (7)   Pedestrian Passage. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9768.png] +   The following requirements apply to the construction of a pedestrian +passage. Except as provided in this paragraph, the passage must connect from a +street a pedestrian passage, an alley, or another street. If a pedestrian +passage, alley, or another street does not exist, the pedestrian passage must +connect to a rear property line. Required building side setbacks may be used to +accommodate the pedestrian passage. If located on private property, a +pedestrian passage must be accessible to the public, dedicated as an easement, +and must be maintained by the property owner. +   (c)   Bump-Outs Required. +      (1)   Except for MS-2B and MS-3A streets, all streets must include bump- +outs at intersections to shorten the distance that pedestrians are required to +cross. No bump-outs are required on alleys. +      (2)   The width and depth of the bump-out will be determined by the +director of public works and transportation by balancing the needs for +vehicular access with those of pedestrian accessibility. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9403.png] +   (d)   Modification of Standards. +   Modifications to the street standards may be allowed by the director of +public works and transportation where necessary to address specific conditions. +The modifications must be the minimum necessary to address specific conditions, +while preserving the integrity of the street and minimizing impacts on the +pedestrian experience, and are limited to the following: +      (A)   adding turn lanes to respond to critical traffic needs; +      (B)   adding medians when such medians enhance pedestrian safety, or +address critical traffic needs; +      (C)   prohibiting on-street parking during peak periods; +      (D)   adding or deleting lanes adjacent to public open spaces to enhance +access or encourage pedestrian usage; or +      (E)   eliminating bump-outs when adding needed turn lanes or prohibiting +on-street parking during peak hours to respond to critical traffic needs. +(Am. Ord. 29827, passed 8-15-15) +SEC. 51A-13.503.    EXISTING STREETS. +   (a)   Applicability. +      (1)   The streetscape requirements of this section apply to all new +development and to the addition of any floor area or pervious cover to the +site. +      (2)   Where the proposed addition of floor area or pervious cover is +associated with only one specific tenant space, only the portion of the +streetscape associated with that tenant space must be constructed. +      (3)   These standards apply to the maximum extent feasible on streets +regulated by the Texas Department of Transportation (TXDOT), as determined by +TXDOT. +   (b)   Mixed Use Streetscape (ST-1). +   The following streetscape standard applies to property within a WMU or WR +district that abuts an existing street. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9405.png] +   (c)   Indented Parking. +      (1)   In General. +         (A)   The following streetscape standards may apply to property within +a WMU, WR, or RTN district that abuts an existing thoroughfare. +         (B)   Alternative angles other than those shown (including reverse +angle) may be approved by the director of public works and transportation. +         (C)   When indented parking is used, the front setback area and +parking setback, as set forth in Section +51A-13.304, “Development Types,” may be adjusted to accommodate the parking as +specified below. Trees along a multi-way boulevard are considered street trees +and are not counted as site trees. +      (2)   Indented Parking (ST-2). +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9407.png] +   (d)   Multi-Way Boulevards. +      (1)   In General. +         (A)   The following streetscape standards may apply to property within +a WMU or WR district when the property abuts an existing thoroughfare or a +street on which on-street or indented parking is prohibited by the city. +         (B)   Alternative angles other than shown (including reverse angle) +may be approved by the director of public works and transportation. +         (C)   When a multi-way boulevard streetscape is used, the front +setback area and parking setback, as set forth in Section +51A-13.304, “Development Types,” may be adjusted to accommodate the multi-way +zone as specified below. Trees along a multi- way boulevard are considered +street trees and are not counted as site trees. +      (2)   Parallel Parking (ST-3). +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9409.png] +      (3)   Angle (60°) Parking (ST-4). +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9411.png] +   (e)   Residential Streetscape (ST-5). +      The following streetscape standards apply to property within a RTN +district that abuts an existing street. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9413.png] +   (f)   Parking Buffer (ST-6). +      (1)   The following streetscape standards apply when a parking lot abuts +a public street (not including an alley). +      (2)   A hedge or low wall at least 30 inches in height at the time of +installation must be provided within the parking setback area to screen the +edge of the vehicular use area/parking structure. +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9415.png] +   (g)   Nonconforming Streetscapes. +      (1)   Reductions. +         (A)   If a streetscape along an existing street is constrained by an +existing building, the building official may modify the streetscape standards +to the minimum extent necessary to accommodate the existing area between the +face of the building and back of curb. +         (B)   The standards shall be modified in the following order: +            (i)   Reduce the door yard as necessary. +            (ii)   Reduce or eliminate the planting zone. +            (iii)   If necessary, replace large canopy trees with small trees +that are more appropriate for the reduced area. If the planting zone is +eliminated, create a bump-out to provide for tree planting. +            (iv)   Reduce the sidewalk to the minimum width to accommodate ADA +accessibility. +      (2)   Encroachments. +         If a streetscape along an existing street is constrained by an +existing building, the following encroachments may be permitted over the +sidewalk subject to approval of a license for use of public right-way issued in +accordance with Article VI of Chapter 43 of the Dallas City Code. +         (i)   Awnings, balconies, stoops, and front porches in accordance with +Section +51A-13.305, “Building Elements.” +         (ii)   Outdoor display in accordance with Section +51A-13.602, “Outdoor Storage and Display.” +         (iii)   Signs in accordance with Section +51A-13.603, “Signs.” +Division 51A-13.600. +Site Development Regulations. +SEC. 51A-13.601.    SITE LIGHTING. +   (a)   Prohibited Light Sources. +      The following light fixtures and sources may not be used if the direct +light emit- ted is visible from adjacent areas: +      (A)   Low-pressure sodium and mercury vapor light sources. +      (B)   Cobra-head-type fixtures having dished or drop lenses or refractors +which house other than incandescent sources. +      (C)   Searchlights and other high-intensity narrow-beam fixtures. +   (b)   Lighting Design Requirements. +      (1)   In General. +         Outdoor lighting must primarily be used to provide safety, accent key +architectural elements, or emphasize public art or landscape features. All +lighting fixtures must meet the requirements of this section. +      (2)   Fixture (Luminaire). +         (A)   The light source must be concealed and must not be visible from +any public right-of-way or adjacent properties. +         (B)   In order to direct light downward and minimize the amount of +light spillage into the night sky and onto adjacent property, all lighting +fixtures must be full cutoff fixtures. +         (C)   Fixtures must be mounted in such a manner that the cone of light +is contained on-site and does not cross any property line of the site. +         (D)   Lighting fixtures may not exceed 30 feet in height above the +parking. +         (E)   Lighting fixtures may not be less than nine feet or more than 15 +feet in height above the sidewalk in pedestrian areas. All light fixtures +located within 50 feet of a residential district may not extend more than 15 +feet in height. +      (3)   Light Source (Lamp). +         (A)   Only incandescent, fluorescent, metal halide, or color-corrected +high-pressure sodium may be used. +         (B)   The same light source type must be used for the same or similar +types of lighting throughout the development. +   (c)   Specific Lighting Standards. +      (1)   Security Lighting. +         (A)   Building-mounted security light fixtures such as wall packs may +not project above the roof line of the building and must be shielded. +         (B)   No security fixtures may face residential uses. +         (C)   Security fixtures may not be substituted for parking area or +walkway lighting and are restricted to loading, storage, service, and similar +locations. +      (2)   Accent Lighting. +         Only lighting used to accent architectural elements, landscaping, or +art may be directed upward, provided that the fixture is located, aimed, or +shielded to minimize light spill into the night sky. +      (3)   Canopy Area Lighting. +         A canopy area over fuel sales, automated teller machines, or similar +installations must have a recessed lens cover flush with the bottom surface of +the canopy that provides a cutoff or shielded light distribution. +      (4)   Entrances and Exits. +         To ensure the safety of persons and the security of the building, +lighting is required for all entrances and exits to buildings containing +nonresidential uses and open to the general public or to multifamily +residential uses. +      (5)   Parking Area Lighting. +         The provisions of Section +51A-4.301(e) apply to all off-street parking areas except as expressly modified +in this section. +      (6)   Excessive Illumination. +         (A)   Lighting that substantially interferes with the use or enjoyment +of any other property is prohibited. +         (B)   Lighting may not be oriented so as to direct glare or excessive +illumination onto streets in a manner that may distract or interfere with the +vision of drivers. +SEC. 51A-13.602.    OUTDOOR STORAGE DISPLAY. +   (a)   Outdoor Display. +      (1)   Outdoor display is the outdoor display of products actively +available for sale. The outdoor location of soft drink or similar vending +machines is considered outdoor display. +      (2)   Outdoor display is permitted in association with any permitted +nonresidential use in a WMU or WR district in accordance with the following +provisions: +         (A)   Outdoor display may only be located within the door yard. +         (B)   Outdoor display may occupy no more than 30 percent of the +horizontal length of the building facade. +         (C)   Outdoor display must be removed and placed inside a fully- +enclosed building at the end of each business day. +   (b)   Outdoor Storage. +      (1)   Outdoor storage is the overnight storage of products or materials +outside of a building. +      (2)   Outdoor storage includes merchandise or material in boxes, in +crates, on pallets, or in shipping containers. +      (3)   Outdoor storage includes the overnight outdoor storage of vehicles +awaiting repair, RV’s and boats, shopping carts, garden supplies, building +supplies, plants, fleet vehicles, and other similar merchandise, material, +vehicles, or equipment. +      (4)   Outdoor storage also includes salvage yards, vehicle storage yards, +and overnight outdoor storage of shipping containers, lumber, pipe, steel, junk +and other similar merchandise, material, or equipment. +      (5)   Outdoor storage is not permitted in the WMU, WR, or RTN districts. +SEC. 51A-13.603.    SIGNS. +   (a)   Definitions. +      The sign definitions of Section +51A-7.102 apply, with the following additions: +      (A)   ARCADE SIGN means an attached sign suspended below an arcade, +gallery, or awning. +      (B)   AWNING SIGN means any sign on the sides or top of an awning +(excluding awnings over gas pumps). +   (b)   All Districts. +      (1)   Except as provided in this section, the provisions of Division 51A- +7.200, “Provisions for All Zoning Districts,” apply. +      (2)   The use of neon is permitted, except in the RTN district. +      (3)   No portion of a sign other than the words themselves may be +illuminated by back-lighting (for example, channel letters may be back lit). +      (4)   No sign may be illuminated by an independent, external light source +(such as an external floodlight). +   (c)   WMU Districts. +      (1)   In General. +         The WMU districts are considered business zoning districts for +purposes of regulating signs. +      (2)   Detached Signs. +         (A)   Except as provided in this paragraph, the provisions of Section +51A-7.304, “Detached Signs,” apply. +         (B)   Except for expressway signs, all signs must be monument signs. +The maximum height of a monument sign is six feet. +         (C)   The maximum height of a monument sign is six feet. +         (D)   The maximum effective area of a monument sign is 20 square feet. +      (3)   Attached Signs. +         (A)   Arcade Signs. +            (i)   No arcade sign may exceed six square feet in effective area. +            (ii)   The minimum linear distance between any two arcade signs is +15 feet. +            (iii)   An arcade sign must be at least 10 feet above the sidewalk. +            (iv)   No arcade sign may project above the arcade, gallery, or +awning to which it is attached. +            (v)   Arcade signs may only identify the premise or occupant of the +premise and provide an address. +         (B)   Awning Signs. +            (i)   The maximum size of an awning sign is 18 square feet. +            (ii)   The maximum combined effective area for all awning signs on +a building facade is 150 square feet. +            (iii)   No signs are permitted on awnings located above the second +story. +   (d)   WR and RTN Districts. +      (1)   In General. +         WR and RTN districts are considered non-business zoning districts for +purposes of regulating signs. +      (2)   Detached Signs. +         (A)   Except as provided in this paragraph, the provisions of Section +51A-7.403, “Detached Signs,” apply. +         (B)   All signs must be monument signs. +         (C)   The maximum height of a monument sign is six feet. +         (D)   The maximum effective area of a monument sign is 20 square feet. +         (E)   For the purpose of this subsection, MONUMENT SIGN means a +detached sign applied directly to a ground-level support structure (instead of +a pole sup- port) with no separation between the sign and the ground, or +mounted on a fence. +      (3)   Attached Signs. +         (A)   In General. +            Except as provided in this subsection, the provisions of Section +51A-7.404, “Attached Signs,” apply. +         (B)   All Attached Signs. +            (i)   No attached sign on the ground story may exceed 10 percent of +the total area of the ground-story building facade. +            (ii)   The total effective area of all attached signs on upper +stories may not exceed five percent of the total area of the ground-story +building facade. +         (C)   Arcade Signs. +            (i)   No arcade sign may exceed six square feet in effective area. +            (ii)   The minimum linear distance between any two arcade signs is +15 feet. +            (iii)   No arcade sign may be lower than 10 feet above the +sidewalk. +            (iv)   No arcade sign may project above the arcade, gallery, or +awning to which it is attached. +            (v)   Arcade signs may only identify the premise or occupant of the +premise and provide an address. +         (D)   Awning signs. +            (i)   No awning sign may exceed six square feet in effective area. +            (ii)   The maximum combined effective area for all awning signs on +a building facade is 150 square feet. +            (iii)   No sign is permitted on an awning which is located above +the second story. +SEC. 51A-13.604.   DUMPSTERS. +   (a)   RTN District. +      No dumpsters are permitted for residential uses in the RTN district. +Division 51A-13.700. +Administration. +SEC. 51A-13.701.   APPLICATION FOR ZONING. +   (a)   Any change in zoning district classification must follow the zoning +amendment procedure in 51A-4.701. +   (b)   There are two options for application of these form districts: +      (1)   change in zoning district classification to an WMU, WR, or RTN +district; or +      (2)   creation of a planned form district. +SEC. 51A-13.702.   PLANNED FORM DISTRICT. +   (a)   Purpose. +      The purpose of the planned form district is to provide additional +certainty in the development of a form district through the adoption of a +regulating plan that specifies the location and type of streets, open spaces, +and development types. +   (b)   Conformity to Article XIII. +      The regulating plan must comply with the requirements of Article XIII. +Unlike a planned development district established under Article IV, an +ordinance adopting a planned form district may not waive or modify the +standards of Article XIII. +   (c)   Regulating Plan. +      (1)   An ordinance establishing a planned form district must include a +regulating plan for the entire proposed area with the following elements: +         (A)   District Boundaries. +         (B)   Specific location of existing overlays, if any. For purposes of +this provision, existing overlay means an overlay adopted before or on the date +of passage of the planned form district ordinance. +         (C)   Specific location and dimensions of existing thoroughfares and +general location and dimensions of proposed thoroughfares, if any. If a +proposed thor- oughfare differs from the thoroughfare plan, an amendment to the +thoroughfare plan is required. +         (D)   Specific location and dimensions of existing minor streets and +general location and dimension of proposed minor streets, if any. +         (E)   Specific location and dimensions of existing service streets and +general location and dimension of proposed service streets, if any. +         (F)   Specific location of any existing public open space, if any, +including any off-site open space used for credit, and general location of any +proposed open space. +         (G)   Specific location of any existing rail transit station and +general location of any proposed rail transit station. +         (H)   Streetscape standards for all streets not considered minor +streets, if city council determines them necessary. +         (I)   A chart describing the proportion of development types within +the district. +         (J)   Any additional elements determined by the city council to be +necessary. +      (2)   A regulating plan is not a site plan, as required for all +development (see Section +51A-13.703, “Site Plan Review”). +   (d)   Modification of a Regulating Plan. +      Any change to a regulating plan is a change in zoning district +classification and must follow the zoning amendment procedure in Section +51A-4.701. +   (e)   Compliance with Regulating Plan. +      The requirements of the regulating plan are conditions that must be +complied with before a certificate of occupancy may be granted. +SEC. 51A-13.703.   SITE PLAN REVIEW. +   (a)   Site Plan Required. +      (1)   Except as provided in Paragraph (2), all development must receive +site plan approval by the building official in accordance with Section +51A-4.803 before issu- ance of a building permit. A certificate of occupancy +will not be issued unless all aspects of the development fully conform to the +approved site plan. +      (2)   A site plan is not required if the permit is only needed for: +         (A)   restoration of a building that has been damaged or destroyed by +fire, explosion, flood, tornado, riot, act of the public enemy, or accident of +any kind; or +         (B)   construction work that does not change the use or increase the +existing building height, floor area ratio, or nonpermeable coverage of the +lot. +   (b)   Additional Ssite Plan Requirements. +      The following site plan elements are required in addition to any +requirements in Section +51A-4.803. +      (A)   Designated primary, side, and service streets. +      (B)   Development types designated on specific lots. +      (C)   Location and description of pedestrian amenities. +      (D)   Location and specifications of minor and existing streets. +      (E)   Location and specifications of open space. +      (F)   Location of all setback lines. +      (G)   Building elevations showing compliance with building facade +requirements. +      (H)   Location and specifications of landscaping. +      (I)   Locations and specifications of site lighting, outdoor storage and +display, and signs. +   (c)   Primary Street Designation. +      (1)   In this section: +         (A)   CONSIDERATION means a measured comparison of a blockface to the +adjacent blockfaces at each of its endpoints. +         (B)   CORRIDOR means the blockfaces on the same side of the street as +the subject blockface separated by a street, alley, or other right-of-way. +      (2)   The street designation for each lot frontage is determined by the +classification of the subject blockface. The classification of each blockface +must be determined by the following method: +         (A)   The longest blockface in each consideration is designated as a +primary street. +         (B)   If a blockface fails to be designated as a primary street after +all considerations, then that blockface is designated as a side street. +         (C)   If the longest blockface is equal in length to another blockface +in the same consideration, then both blockfaces are primary streets. +         (D)   If all blockfaces are equal in length, then the street +designation is determined by the following rule: +            (i)   If a block contains an alley, any blockface parallel to the +alley will be designated as a primary street and any blockface not parallel to +the alley will be designated as a side street. +            (ii)   If there is no alley, then the subject blockface will match +the street designation of the corridor. +            (iii)   If the corridor consists of multiple street designations, +then the subject blockface must match the street designation of the blockface +across the street. +            (iv)   If the blockface across the street is unable to be +identified through this process, then the subject blockface will be classified +as a side street. +   (d)   Service Street Designation. +      (1)   The building official shall determine whether a service street is +appropriate based on the criteria contained in this subsection. +      (2)   The applicant must control the land along an entire block face of a +service street, and the service street must be designated from one street +intersection to another street intersection. +      (3)   A site with a service street must have at least two frontages and +one frontage must be a primary street. +      (4)   Only one service street may be designated abutting any block. +   (e)   Multiple Development Types on a Single Lot or Parcel. +      (1)   Calculation of Lot Coverage. +         (A)   Where multiple development types are located on a single +building site, the calculation of lot coverage is based on the proportion of +total coverage required for each development type in relation to the proposed +building footprints. +         (B)   As an example, a building site with one proposed mixed use +shopfront building (allowed 100 percent coverage) with a lot coverage of 10,000 +square feet and two proposed general commercial buildings (allowed 80 percent +coverage) with a com- bined lot coverage of 20,000 square feet would have a lot +coverage of 86 percent. +  +10,000 SF x 1.00 + 20,000 SF x 0.80 = 86% Lot Coverage +30,000 SF 30,000 SF +  +         (C)   Where the lot coverage for all proposed development types is the +same, no calculation is necessary. +      (2)   Calculation of Required Frontage. +         (A)   In order to ensure the pedestrian frontage remains as consistent +as possible, if multiple development types are located on a single building +site, the building official shall calculate required street frontage on a +building-by-building basis. +         (B)   As an example, a site with a mixed use shopfront building with +180 linear feet of street frontage (required 90 percent street frontage) must +be located on an artificial lot with a width no greater than 200 feet. A +proposed general commercial building with 200 linear feet of street frontage +(required 70 percent street frontage) must be located on an artificial lot with +a width no greater than 286 feet in width. +   (f)   Consistency With Regulating Plan. +      The building official shall determine that the site plan is consistent +with any adopted regulating plan prior to approval. +   (g)   Site Plan Modifications and Waivers. +      The building official may authorize minor modifications to approved site +plans and waive the requirement of a site plan for minor construction or site +improvements (for example: limited parking lot modifications, accessory +structures, fences, and similar projects) provided that: +      (A)   the basic relationship of the development to adjacent property is +not affected; +      (B)   there is no conflict with the requirements of this article; and +      (C)   the fundamental character of the development as a whole is not +changed. +(Am. Ord. 31470, passed 2-24-20) +CHAPTER 51 +FORMER DALLAS DEVELOPMENT CODE +ORDINANCE NO. 10962, AS AMENDED. +(Ord. 24637) +ARTICLE I. +GENERAL PROVISIONS. +Sec. +51-1.101.      Reserved. +Sec. +51-1.102.      Applicability and purpose. +Sec. +51-1.103.      Enforcement. +Sec. +51-1.104.      Certificate of occupancy. +Sec. +51-1.104.1.      Applications. +Sec. +51-1.105.      Fees. +Sec. +51-1.105.1.      Fee exemptions and refunds. +Sec. +51-1.106.      Notification signs required to be obtained and posted by +applicant. +Sec. +51-1.107.      Special exception for the handicapped. +Sec. +51-1.108.      Comprehensive plan. +Sec. +51-1.109.      Apportionment of exactions. +ARTICLE II. +INTERPRETATIONS AND DEFINITIONS. +Sec. +51-2.101.      Interpretations. +Sec. +51-2.102.      Definitions. +ARTICLE III. +DECISIONMAKING AND ADMINISTRATIVE BODIES. +ARTICLE IV. +ZONING REGULATIONS. +Division 51-4.100. +Establishment of Zoning Districts. +Sec. +51-4.101.      Zoning districts established. +Sec. +51-4.102.      Purpose of zoning districts. +Sec. +51-4.103.      Zoning district map. +Sec. +51-4.104.      Zoning district boundaries. +Division 51-4.200. +Use Regulations. +Sec. +51-4.201.      Residential uses. +         (1)   Single-family. +         (1.1)   Handicapped group dwelling unit. +         (2)   Duplex. +         (3)   Multiple-family. +         (3.1)   Group residential facility. +         (4)   Reserved. +         (5)   Reserved. +         (6)   Manufactured home park, manufactured home subdivision, and +campground. +         (7)   Retirement housing. +Sec. +51-4.202.      Utility and service uses. +         (1)   Utility or government installation other than listed. +         (2)   Local utilities. +         (3)   Electrical substation. +         (4)   Electrical energy generating plant. +         (5)   Radio, television, or microwave tower. +         (6)   Commercial radio or television transmitting station. +         (7)   Sewage pumping station. +         (8)   Sewage treatment plant. +         (9)   Telephone exchange, switching, and transmitting equipment. +         (10)   Water reservoir, well, or pumping station. +         (11)   Water treatment plant. +         (12)   Tower/antenna for cellular communication. +Sec. +51-4.203.      Transportation uses. +         (1)   Airport or landing field. +         (2)   STOL (short takeoff or landing) port. +         (3)   Passenger bus station and terminal. +         (4)   Transit passenger shelter. +         (5)   Helicopter base. +         (6)   Heliport. +         (7)   Helistop. +         (8)   Motor freight hauling and storage. +         (9)   Railroad freight terminal. +         (10)   Railroad passenger station. +         (11)   Railroad team track. +         (12)   Railroad yard, roundhouse, or shops. +Sec. +51-4.204.      Community service uses. +         (1)   Post office. +         (2)   Community, welfare, or health center. +         (3)   Foster home. +         (4)   Child-care facility. +         (5)   Halfway house. +         (6)   Adult day care facility. +         (7)   Reserved. +Sec. +51-4.205.      Medical uses. +         (1)   Hospital. +         (2)   Reserved. +         (3)   Convalescent and nursing homes, hospice care, and related +institutions. +         (4)   Reserved. +         (5)   Medical clinic or ambulatory surgical center. +         (6)   Medical or scientific laboratory. +         (7)   Optical shop. +         (8)   Medical appliance fitting and sales. +         (9)   Ambulance service. +Sec. +51-4.206.      Religious uses. +         (1)   Church. +         (2)   Rectory. +         (3)   Convent or monastery. +         (4)   Cemetery or mausoleum. +         (5)   Reserved. +Sec. +51-4.207.      Educational uses. +         (1)   Public or private school. +         (2)   Reserved. +         (3)   Business school. +         (4)   Technical school. +         (5)   College, university, or seminary. +         (6)   College fraternity or sorority house. +         (7)   College dormitory. +         (8)   Library, art gallery, or museum. +Sec. +51-4.208.      Recreation and entertainment uses. +         (1)   Public park or playground. +         (2)   Game court center. +         (3)   Private recreation club or area. +         (4)   Public golf course. +         (5)   Country club with private membership. +         (6)   Inside commercial amusement. +         (7)   Outside commercial amusement. +         (8)   Theatre. +         (9)   Drive-in theatre. +         (10)   Rodeo. +         (11)   Fairgrounds. +         (12)   Carnival or circus (temporary). +         (13)   Wax museum. +Sec. +51-4.209.      Bar and restaurant uses. +         (1)   Alcoholic beverage establishments. +         (2)   Drive-in restaurant. +         (3)   Restaurant without drive-in service. +         (4)   Reserved. +         (5)   Private club. +         (6)   Catering service. +Sec. +51-4.210.      Professional, personal service, and custom crafts uses. +         (1)   Office. +         (2)   Temporary construction or sales office. +         (3)   Bank or savings and loan office, with or without drive-in +window. +         (4)   Trade center. +         (5)   Barber and beauty shop. +         (6)   Mortuary or funeral home. +         (7)   Health studio. +         (8)   Custom cleaning shop. +         (9)   Commercial cleaning shop. +         (10)   Self-service laundry or dry cleaning. +         (11)   Commercial laundry or dry cleaning. +         (12)   Laundry or cleaning pickup and receiving station. +         (13)   Key shop. +         (14)   Shoe repair. +         (15)   Tailor, custom sewing, and millinery. +         (16)   Taxidermist. +         (17)   Travel bureau. +         (18)   Broadcasting or recording studio. +         (19)   Instructional arts studio. +         (20)   Handcrafted art work studio. +         (21)   Handcrafted bookbinding. +         (22)   Photography studio. +         (23)   Safe deposit boxes. +         (24)   Commercial wedding chapel. +         (25)   Alternative financial establishment. +Sec. +51-4.211.      Retail uses. +         (1)   Retail stores other than listed. +         (2)   Antique shop. +         (3)   Retail food store. +         (4)   Bakery or confectionery shop. +         (5)   Book and stationery store. +         (6)   Camera shop. +         (7)   Cigar, tobacco, and candy store. +         (8)   Clothing store. +         (9)   Drug store. +         (10)   Liquor store. +         (11)   Florist store. +         (12)   Feed store. +         (13)   Pet shop. +         (14)   Furniture store. +         (15)   Second hand store. +         (16)   Pawn shop. +         (17)   Hardware or sporting goods store. +         (18)   Home improvement center. +         (19)   Hobby and art supplies store. +         (20)   Paint and wallpaper store. +         (21)   Swimming pool sales and supply. +         (22)   Outside sales. +         (23)   Convenience store with drive-through. +         (23)   Paraphernalia shop. +Sec. +51-4.212.      Motor vehicle related uses. +         (1)   Automobile or motorcycle display, sales, and service (inside +display). +         (2)   Automobile or motorcycle display, sales, and service (outside +display). +         (3)   Auto auction. +         (4)   Auto glass, muffler, or seat cover shop. +         (5)   Auto parts sales (inside only). +         (6)   Auto parts sales (outside display). +         (7)   Auto repair garage (inside). +         (8)   Auto repair garage (outside). +         (9)   Auto painting or body rebuilding shop (inside). +         (10)   Auto painting or body rebuilding shop (outside). +         (11)   Car wash. +         (12)   Steam cleaning of vehicles and machinery. +         (13)   Service station. +         (14)   Engine or motor repair shop. +         (15)   Bus or truck repair/parking garage. +         (16)   Drag strip, go-cart track, or commercial racing. +         (17)   Surface parking. +         (18)   Commercial parking lot or garage. +Sec. +51-4.213.      Commercial uses. +         (1)   Appliance fix-it shop. +         (2)   Custom furniture construction, repair, or upholstery shop. +         (3)   Building repair and maintenance shop. +         (4)   Plumbing, electrical, air conditioning, and heating shops. +         (5)   Lumber, brick, or building materials sales yard. +         (6)   Machinery sales and services. +         (7)   Machine or welding shop. +         (8)   Tool and equipment rental (inside display only). +         (9)   Tool and equipment rental (with outside display). +         (10)   Petroleum products storage and wholesale. +         (11)   Monument sales yard. +         (12)   Mining. +         (13)   Sand, gravel, or earth sales and storage. +         (14)   Job printing, lithographer, printing, or blueprinting plant. +         (15)   Duplication shop. +         (16)   Custom print shop. +         (17)   Gummed label printing. +         (18)   Venetian blind or window shade repair, assembly, and sales. +         (19)   Gas drilling and production. +         (20)   Computer service center. +         (21)   Custom commercial engraving. +         (22)   Garden shop, plant sales, or greenhouse. +         (23)   Diamond and precious stone sales (wholesale only). +         (24)   Design or decorative center. +         (25)   Attached non-premise sign. +         (26)   Detached non-premise sign. +         (27)   Labor hall. +         (28)   Gas pipeline compressor station. +Sec. +51-4.214.      Storage and waste disposal uses. +         (1)   Warehouse. +         (2)   Contractor’s maintenance yard. +         (3)   Building mover’s, temporary storage yard. +         (4)   Open storage. +         (5)   Outside salvage or reclamation. +         (6)   Metal processing facility. +         (7)   Inside salvage and reclamation. +         (8)   Refuse transfer station. +         (9)   Sanitary landfill. +         (10)   Aluminum collection center. +         (11)   Mini-warehouse. +         (12)   Office/showroom warehouse. +Sec. +51-4.215.      Animal related uses. +         (1)   Farm or ranch. +         (2)   Veterinarian’s office. +         (3)   Animal clinic without outside runs. +         (4)   Animal clinic with outside runs. +         (5)   Kennel with outside run. +         (6)   Animal pound. +         (7)   Commercial stable. +         (8)   Zoo. +         (9)   Hatchery and breeding operation. +         (10)   Livestock auction pens or sheds. +         (11)   Slaughterhouse. +Sec. +51-4.216.      Industrial and manufacturing uses. +         (1)   Industrial uses other than listed. +         (2)   Permanent concrete or asphalt batching or recycling plant. +         (3)   Temporary concrete or asphalt batching plant. +         (4)   U-cart concrete system. +         (5)   Fiberglass swimming pool fabricator. +  ��      (6)   Light fabrication and assembly. +         (7)   Clothing manufacturing. +         (8)   Bedspread, drapes, and headboard manufacturing. +         (9)   Manufacturing laboratory. +         (10)   Artificial marble manufacturing. +         (11)   Corrugated cardboard box fabrication. +         (12)   Tread rubber manufacturing plant. +         (13)   Metal smelting and plating. +         (14)   Rendering plant. +         (15)   Alcoholic beverage manufacturing. +Sec. +51-4.216.1.      Lodging uses. +         (1)   Extended stay hotel or motel. +         (2)   Lodging or boarding house. +         (3)   Hotel and motel. +         (4)   Overnight general purpose shelter. +Sec. +51-4.217.      Accessory uses. +         (1)   Game court (private). +         (2)   Swimming pool (private). +         (3)   Private stable. +         (4)   Home occupation. +         (5)   Occasional sales (garage sales). +         (6)   Community center (private). +         (7)   Amateur communication tower. +         (8)   Private street or alley. +         (9)   Open storage. +         (10)   Day home. +         (11)   Pedestrian skybridges. +         (12)   Accessory helistop. +         (13)   Accessory medical/infectious waste incinerator. +         (14)   Accessory outside display of merchandise. +         (15)   Accessory outside sales. +         (16)   Accessory pathological waste incinerator. +         (17)   General waste incinerator. +         (18)   Accessory electric vehicle charging station. +Use Charts +Sec. +51-4.218.      Limited uses. +Sec. +51-4.218.1      Retail-related uses. +Sec. +51-4.219.      Specific use permit. +Sec. +51-4.220.      Classification of new uses. +Sec. +51-4.221.      Sexually oriented businesses. +Division 51-4.300. +Off-street Parking and Loading Regulations. +Sec. +51-4.301.      Off-street parking regulations. +Sec. +51-4.302.      Parking district regulations. +Sec. +51-4.303.      Off-street loading regulations. +Sec. +51-4.304.      Off-street stacking space regulations. +Sec. +51-4.305.      Handicapped parking regulations. +Sec. +51-4.306.      Off-street parking in the central business district. +Sec. +51-4.307.      Nonconformity as to parking or unloading regulations. +Sec. +51-4.308.      Reserved. +Sec. +51-4.309.      Reserved. +Division 51-4.310. +Off-street Parking Reductions. +Division 51-4.320. +Special Parking Regulations. +Division 51-4.330. +Bicycle Parking Regulations. +Division 51-4.340. +Mechanized Parking. +Division 51-4.400. +Yard, Lot, and Space Regulations. +Sec. +51-4.401.      Minimum front yard. +Sec. +51-4.402.      Minimum side yard. +Sec. +51-4.403.      Minimum rear yard. +Sec. +51-4.404.      Minimum lot area for residential use. +Sec. +51-4.405.      Minimum lot width for residential use. +Sec. +51-4.406.      Minimum lot depth for residential use. +Sec. +51-4.407.      Maximum lot coverage. +Sec. +51-4.408.      Maximum building height. +Sec. +51-4.409.      Maximum floor area ratio. +Sec. +51-4.410.      Schedule of yard, lot, and space regulations. +Sec. +51-4.411.      Maximum densities for residential uses. +Sec. +51-4.412.      Shared access development. +Division 51-4.500. +Overlay and Conservation District Regulations. +Sec. +51-4.501.      Historic overlay district. +Sec. +51-4.502.      Institutional overlay district. +Sec. +51-4.503.      D and D-1 liquor control overlay districts. +Sec. +51-4.504.      Demolition delay overlay district. +Sec. +51-4.505.      Conservation districts. +Sec. +51-4.506.      Modified delta overlay district. +Sec. +51-4.507.      Neighborhood stabilization overlay. +Sec. +51-4.508.      Turtle Creek environmental corridor. +Sec. 51-4.509.       Accessory dwelling unit overlay. +Division 51-4.600. +District Regulations of Special Applicability. +Sec. +51-4.601.      Creation of a building site. +Sec. +51-4.602.      Fence, screening, and visual obstruction regulations. +Sec. +51-4.603.      Use of a conveyance as a building. +Sec. +51-4.604.      Restrictions on access through a lot. +Sec. +51-4.605.      Design standards. +Division 51-4.700. +Zoning Procedures. +Division 51-4.800. +Development Impact Review. +Sec. +51-4.801.      Purpose. +Sec. +51-4.802.      Definitions. +Sec. +51-4.803.      Site plan review. +ARTICLE V. +FLOOD PLAIN AND ESCARPMENT ZONE REGULATIONS. +ARTICLE VI. +ENVIRONMENTAL PERFORMANCE STANDARDS. +Sec. +51-6.101.      Definitions applicable to the environmental performance +standards. +Sec. +51-6.102.      Noise regulations. +Sec. +51-6.103.      Toxic and noxious matter. +Sec. +51-6.104.      Glare. +Sec. +51-6.105.      Vibration. +Sec. +51-6.106.      Odors, smoke, particulate matter, and other air contaminants. +Sec. +51-6.107.      Nonconformance with the environmental performance standards. +Sec. +51-6.108.      Municipal setting designation ordinance. +ARTICLE VII. +SIGN REGULATIONS. +ARTICLE VIII. +PLAT REGULATIONS. +ARTICLE IX. +THOROUGHFARES. +Division 51-9.100. +Thoroughfare Plan Amendments. +Sec. +51-9.101.      Thoroughfare plan defined. +Sec. +51-9.102.      Thoroughfare plan amendment process. +Division 51-9.200. +Approval of Alignment of Thoroughfares. +Sec. +51-9.201.      Procedures for establishment of thoroughfare alignment. +Sec. +51-9.202.      Procedure for approval of state or county thoroughfare +improvements. +Division 51-9.300. +Street Naming and Name Change Process. +Division 51-9.400. +Four-Way/All-Way Stop Controls at Residential Intersections. +ARTICLE X. +LANDSCAPE AND TREE PRESERVATION REGULATIONS. +ARTICLE XI. +HISTORIC PRESERVATION TAX EXEMPTIONS AND ECONOMIC DEVELOPMENT INCENTIVES FOR +HISTORIC PROPERTIES. +ARTICLE XII. +GAS DRILLING AND PRODUCTION. +ARTICLE I. +GENERAL PROVISIONS. +(Ord. 21044) +SEC. 51-1.101.   Reserved. (Ord. Nos. 19455; 24637) +SEC. 51-1.102.   APPLICABILITY AND PURPOSE. +   (a)   Applicability. +      (1)   At any time prior to March 1, 1987, an applicant for a change in +zoning district classification or boundary may voluntarily elect to proceed +under either this chapter or Chapter 51A. Any request for a change in zoning +district classification or boundary that is formally initiated on or after +March 1, 1987 must be made under Chapter 51A. +      (2)   This chapter continues to apply to all property in the city that +retains one of the base zoning classifications listed in Section +51-4.101. +      (3)   Chapter 51A (and not this chapter) automatically applies to all +property that is annexed into the city on or after March 1, 1987. +   (b)   Purpose. +      (1)   In general. The regulations in this chapter have been established +in accordance with a comprehensive plan for the purpose of promoting the +health, safety, morals, and general welfare of the city in order to: +         (A)   lessen the congestion in the streets; +         (B)   secure safety from fire, flooding, and other dangers; +         (C)   provide adequate light and air; +         (D)   prevent the overcrowding of land; +         (E)   avoid undue concentration of population; +         (F)   facilitate the adequate provision of transportation, water, +sewage, schools, parks, and other public requirements; +         (G)   promote the character of areas of the city; +         (H)   limit the uses in areas of the city that are peculiarly suitable +for particular uses; +         (I)   conserve the value of buildings; and +         (J)   encourage the most appropriate use of land throughout the city. +      (2)   Compliance with FHAA. This paragraph incorporates by reference the +language of Paragraph (2), “Compliance with FHAA,” of Subsection (b), +“Purpose,” of Section 51A-1.102, “Applicability and Purpose,” of Article I, +“General Provisions,” of CHAPTER 51A of the Dallas City Code, as that paragraph +exists today and as it may be amended in the future. (Ord. Nos. 19455; 21044; +26140) +SEC. 51-1.103.   ENFORCEMENT. +   This section incorporates by reference the language of Section 51A-1.103 of +Chapter 51A of the Dallas City Code, as amended. (Ord. Nos. 18001; 19963; +20236; 26286) +SEC. 51-1.104.   CERTIFICATE OF OCCUPANCY. +   This section incorporates by reference the language in Section 51A-1.104 of +Chapter 51A of the Dallas Development Code, as amended. (Ord. Nos. 21735; +22204; 24439; 26579) +SEC. 51-1.104.1.   APPLICATIONS. +   This section incorporates by reference the language of Section 51A-1.104.1 +of Chapter 51A of the Dallas Development Code, as amended. (Ord. Nos. 21633; +26536) +SEC. 51-1.105.   FEES. +   This section incorporates by reference the language of Section 51A-1.105 of +CHAPTER 51A, “DALLAS DEVELOPMENT CODE: ORDINANCE NO. 19455, AS AMENDED,” of the +Dallas City Code, as that section exists today and as it may be amended in the +future. (Ord. Nos. 17158; 17388; 18177; 18411; 18554; 18876; 18922; 18942; +19080; 19300; 19358; 19373; 19481; 19557; 19832; 20073; 20093; 20132; 20926; +21751; 22004; 24843; 25097) +SEC. 51-1.105.1.   FEE EXEMPTIONS AND REFUNDS. +   This section incorporates by reference the language of Section 51A-1.105.1 +of Chapter 51A of the Dallas Development Code, as amended. (Ord. 26924) +SEC. 51-1.106.   NOTIFICATION SIGNS REQUIRED TO BE OBTAINED AND POSTED BY +APPLICANT. +   This section incorporates by reference the language of Section 51A-1.106 of +CHAPTER 51A, “PART II OF THE DALLAS DEVELOPMENT CODE,” as that section exists +today and as it may be amended in the future. (Ord. Nos. 18177; 19872; 19963; +20926; 22389) +SEC. 51-1.107.   SPECIAL EXCEPTION FOR THE HANDICAPPED. +   This section incorporates by reference the language of Section 51A-1.107, +“Handicapped Special Exception,” of Article I, “General Provisions,” of CHAPTER +51A of the Dallas City Code, as that section exists today and as it may be +amended in the future. (Ord. 26140) +SEC. 51-1.108.   COMPREHENSIVE PLAN. +   This section incorporates by reference the language of Section 51A-1.108 of +Chapter 51A of the Dallas City Code, as amended. (Ord. 26371) +SEC. 51-1.109.   APPORTIONMENT OF EXACTIONS. +   This section incorporates by reference the language of Section 51A-1.109 of +Chapter 51A of the Dallas Development Code, as amended. (Ord. 26530) +ARTICLE II. +INTERPRETATIONS AND DEFINITIONS. +SEC. 51-2.101.   INTERPRETATIONS. +   Unless the context clearly indicates otherwise, the following rules apply in +interpreting this chapter: +      (1)   Words used in the present tense include the future tense. +      (2)   Words in the singular include the plural, and words in the plural +include the singular. +      (3)   The word “building” includes the word “structure,” and the word +“structure” includes the word “building.” +      (4)   The word “lot” includes the words “building sites,” “site,” “plot,” +or “tract.” +      (5)   The word “shall” is mandatory and not discretionary. +      (6)   If there is a conflict, the text of this chapter controls over the +charts or any other graphic display in this chapter. +SEC. 51-2.102.   DEFINITIONS. +   In this chapter, unless the context requires otherwise: +      (1)   “A” DISTRICT means the agricultural district established under this +chapter. +      (2)   “A(A)” DISTRICT means the agricultural district established under +Chapter 51A. +      (2.1)   ACCESSORY STRUCTURE means a structure located on the same lot as +the main building that is subordinate in floor area, location, and purpose to +the main building and used for a permitted accessory use. +      (3)   ACCESSORY USES means those uses defined in Section +51-4.217. +      (4)   AGRICULTURAL DISTRICT means the A district established under this +chapter. +      (5)   AIRPORT HAZARD means any structure, tree, sign, vehicle, or use of +land which obstructs the airspace required for the flight of aircraft in +landing or taking off at an airport, or is otherwise hazardous to the landing +or taking off of aircraft. +      (6)   ALLEY means a right-of-way which provides secondary access to +adjacent property. +      (7)   BASEMENT means any level of a building where more than one half of +the vertical distance between floor and ceiling is below grade. +      (7.1)   BATHROOM means any room used for personal hygiene and containing +a shower or bathtub, or containing a toilet and sink. +      (8)   BEDROOM means any room in a dwelling unit other than a kitchen, +dining room, living room, bathroom, or closet. Additional dining rooms and +living rooms, and all dens, game rooms, sunrooms, and other similar rooms are +considered bedrooms. +      (8.1)   BICYCLE PARKING means Class I bicycle parking and Class II +bicycle parking. +      (9)   BLOCK means: an area bounded by streets on all sides. +      (9.1)   BLOCKFACE means: +         (A)   the distance along one side of a street between the two nearest +intersecting streets; +         (B)   where a street deadends, the distance along one side of a street +between the nearest intersecting street and the end of the deadend street; or +         (C)   where a street centerline contains a change of direction 90 +degrees or more, the distance along one side of a street between either the +nearest intersecting street or the deadend and the point determining the angle +of the change of direction. +      (10)   BOARD means the board of adjustment. +      (10.1)   BREEZEWAY means an unenclosed passage connecting two buildings +or portions of a building. +      (11)   BUILDING means a structure for the support or shelter of any use +or occupancy. +      (12)   BUILDING LINE means a line marking the minimum distance a building +may be erected from a street, alley, or lot line. (Also called the “setback +line.”) +      (13)   BUILDING OFFICIAL means the person designated by the city manager +as the building official of the city or the building official’s authorized +representative. +      (14)   BUILDING SITE means property that meets the requirements of +Section +51-4.601. +      (15)   “CA-1” DISTRICT means the CA-1 district established under this +chapter. +      (16)   “CA-1(A)” DISTRICT means the CA-1(A) district established under +Chapter 51A. +      (17)   “CA-2” DISTRICT means the CA-2 district established under this +chapter. +      (18)   “CA-2(A)” DISTRICT means the CA-2(A) district established under +Chapter 51A. +      (19)   CENTER LINE means a line running midway between the bounding +right-of-way lines of a street or alley. Where the bounding right-of-way lines +are irregular, the center line shall be determined by the director of public +works and transportation. +      (20)   CENTRAL AREA DISTRICTS means the CA-1 and CA-2 districts +established under this chapter. +      (21)   CENTRAL BUSINESS DISTRICT means the area of the city within +Woodall Rodgers Freeway, Central Expressway (elevated bypass), R. L. Thorton +Freeway, and Stemmons Freeway. +      (22)   “CH” DISTRICT means the clustered housing (CH) district +established under Chapter 51A. +      (23)   CITY COUNCIL means the governing body of the city. +      (23.1)   CLASS I BICYCLE PARKING means unenclosed parking spaces intended +for bicycles where one or both wheels and the frame of a bicycle can be secured +to a rack with a user-supplied lock. +      (23.2)   CLASS II BICYCLE PARKING means enclosed parking spaces intended +for bicycles within a building or structure designed for increased security +from theft and vandalism, such as locked bicycle storage rooms, bicycle check- +in systems, and bicycle lockers. +      (24)   COMMERCIAL DISTRICTS means the NS, SC, GR, LC, and HC districts +established under this chapter. +      (25)   COMMISSION or CITY PLAN COMMISSION means the city plan and zoning +commission. +      (26)   COVERAGE means the percentage of lot area covered by a roof, +floor, or other structure, except that roof eaves up to 24 inches and other +ordinary building projections up to 12 inches are excluded. +      (27)   “CR” DISTRICT means the community retail (CR) district established +under Chapter 51A. +      (28)   “CS” DISTRICT means the commercial service (CS) district +established under Chapter 51A. +      (29)   “D” District means the duplex district established under this +chapter. +      (30)   “D(A)” DISTRICT means the duplex district established under +Chapter 51A. +      (31)   DENSITY means the ratio of dwelling units to lot area. +      (32)   DEPARTMENT means department of development services. The +department of development services was formerly named the department of +sustainable development and construction, the department of planning and +development, the department of urban design, and the city plan department. Any +reference to these departments is a reference to the department of development +services. +      (33)   DIRECTOR means the director of the department of development +services or his representative. +      (34)   DUPLEX DISTRICT means the D district established under this +chapter. +      (35)   DWELLING UNIT means one or more rooms designed to be a single +housekeeping unit to accommodate one family and containing one or more +kitchens, one or more bathrooms, and one or more bedrooms. +      (36)   EAVES means the lowest border of a roof, including any overhang. +      (36.1)   EXACTION means, for purposes of Section +51-1.109 and Texas Local Government Code Section 212.904, dedications, fees, or +construction costs for municipal infrastructure additions or improvements that +the city requires a developer to bear a portion of as a condition for approval +of a property development project. +      (37)   FAMILY means a family as defined in Section 51A-2.102, +“Definitions,” of Article II, “Interpretations and Definitions,” of CHAPTER 51A +of the Dallas City Code, as that paragraph exists today and as it may be +amended in the future. +      (38)   FENCE means a structure that provides a physical barrier. +      (39)   FLOOR AREA means the total square feet of floor space in a +building measured to the outside faces of exterior walls or to the omitted wall +lines, whichever produces the larger area, excluding the following: +         (A)   Area used solely for off-street parking. +         (B)   Area between an omitted wall line and the structural wall when +the area is used solely for foot or vehicular traffic or landscaping. +         (C)   Area of a private balcony that is not accessible to the public +and does not provide a means of ingress or egress. +         (D)   Area of a breezeway or an unenclosed stairway located within the +first three stories, excluding any basement, of a residential use. +      (40)   FLOOR AREA RATIO means the ratio of floor area to lot area. +      (41)   FRONTAGE means the length of property along one side of a street +between property or lease boundary lines. +      (42)   FRONT YARD means that portion of a lot which abuts a street and +extends across the width of the lot between the street and the setback line. +      (43)   “GO” DISTRICTS means the general office (GO) matrix districts +established under this chapter. +      (44)   “GO(A)” DISTRICT means the general office [GO(A)] district +established under Chapter 51A. +      (45)   GRADE means the average of the finished ground surface elevations +measured at the highest and lowest exterior corners of a structure. For +purposes of this definition, FINISHED GROUND SURFACE ELEVATION means the ground +surface elevation of the building site before any construction or as altered in +accordance with grading plans approved by the building official. Finished +ground surface elevation does not include: +         (A)   fill material not necessary to make the site developable; +         (B)   berms; or +         (C)   landscape features. +      (46)   HEIGHT means the vertical distance measured from grade to: +         (A)   for a structure with a gable, hip, or gambrel roof, the midpoint +of the vertical dimension between the lowest eaves and the highest ridge of the +structure; +         (B)   for a structure with a dome roof, the midpoint of the vertical +dimension of the dome; and +         (C)   for any other structure, the highest point of the structure. +      (47)   HISTORIC LANDMARK means any building, land, area, or district of +historical, architectural, archaeological, or cultural importance or value, +which the city council determines shall be protected, enhanced, and preserved +in the interest of the culture, prosperity, education, and welfare of the +people. +      (48)   HUD-CODE MANUFACTURED HOME means a structure, constructed on or +after June 15, 1976, according to the rules of the United States Department of +Housing and Urban Development, transportable in one or more sections, which, in +the traveling mode, is eight body feet or more in width or 40 body feet or more +in length, or when erected on site, is 320 or more square feet, and which is +built on a permanent chassis and designed to be used as a dwelling with or +without a permanent foundation when connected to the required utilities, and +includes the plumbing, heating, air-conditioning, and electrical systems. +      (49)   INDUSTRIAL DISTRICTS means I-1, I-2, and I-3 districts. +      (50)   INNER COURT means an open space bounded on all sides by the walls +of a building. +      (51)   INSTITUTIONAL USES means community service uses, religious uses, +educational uses, and medical uses except the medical clinic, medical or +scientific laboratory, optical shop, medical appliance fitting and sales, and +ambulance service uses. +      (52)   INTERIOR LOT LINE means a lot line not adjacent to a street or +alley. +      (53)   KITCHEN means any room or area used for cooking or preparing food +and containing one or more ovens, stoves, hot plates, or microwave ovens; one +or more refrigerators; and one or more sinks. This definition does not include +outdoor cooking facilities. +      (54)   LANDING AREA means the area of an airport used for the landing, +takeoff, or taxiing of aircraft. +      (55)   LANDSCAPE AUTHORITY means: +         (A)   a landscape architect licensed or registered by the state; or +         (B)   a professional horticulturist or nurseryman. +      (56)   LEGAL HEIGHT means the maximum building height allowed under +Federal Aviation Administration regulations or any other ordinance or +regulation in effect, whichever is most restrictive. +      (56.1)   “LI” DISTRICT means the light industrial district established +under Chapter 51A. +      (57)   LIMITED USE means a use restricted under Section +51-4.218. +      (58)   “LO” DISTRICTS means the limited office (LO) matrix districts +established under this chapter. +      (59)   “LO-1” DISTRICT means the LO-1 district established under Chapter +51A. +      (60)   “LO-2” DISTRICT means the LO-2 district established under Chapter +51A. +      (60.1)   “LO-3” DISTRICT means the LO-3 district established under +Chapter 51A. +      (60.2)   “LO(A)” DISTRICT means the LO-1, LO-2, and LO-3 districts +established under Chapter 51A. +      (60.3)   LODGING USE means any use listed in Section +51-4.216.1. +      (61)   LOT means a building site that fronts on a public or private +street, except that in the case of a planned development district, the building +site may front on an access easement, and in the case of a shared access +development, the building site may front on a shared access area. +      (62)   LOT AREA means the total square feet contained within lot lines. +      (63)   LOT DEPTH means the average distance between the front and rear +lot lines. +      (64)   LOT LINE means a property line bounding a lot, excluding any +street or alley dedicated in fee simple. +      (65)   LOT WIDTH means the distance between side lot lines measured along +the front setback line. +      (66)   MAIN BUILDING means a building on a lot intended for occupancy by +the main use. +      (67)   MAIN USE means any use listed in Sections +51-4.201 through +51-4.216. +      (67.1)   MAJOR THOROUGHFARE means a street designated as a principal or +minor arterial in the city’s thoroughfare plan. +      (67.2)   MANUFACTURED HOME means a structure transportable in one or more +sections, which is built on a permanent chassis, and which is designed for use +with or without a permanent foundation when connected to the required +utilities. In this chapter, the term “manufactured home” includes, but is not +limited to, HUD-code manufactured homes and mobile homes. +      (67.3)   MANUFACTURED HOME DISTRICT means the MH district established +under this chapter. +      (68)   “MF” DISTRICTS means the MF-1, MF-2, MF-3, and MF-4 districts +established under this chapter (also called multiple-family districts). +      (69)   “MF(A)” DISTRICT means the MF-1(A), MF-2(A), MF-3(A), MF-4(A) +districts established under Chapter 51A. +      (70)   “MH” DISTRICT means the manufactured home [MH] district +established under this chapter. +      (71)   “MH(A)” DISTRICT means the manufactured home [MH(A)] district +established under Chapter 51A. +      (71.1)   MINOR STREET means a street not designated in the city’s +thoroughfare plan. +      (72)   “MO” DISTRICTS means the mid-range office (MO) matrix districts +established under this chapter. +      (72.1)   “MO(A)” DISTRICTS means the MO-1 and MO-2 districts under +Chapter 51A. +      (73)   “MO-1” DISTRICT means the MO-1 district established under Chapter +51A. +      (74)   “MO-2” DISTRICT means the MO-2 district established under Chapter +51A. +      (74.1)   MOBILE HOME means a structure that was constructed before June +15, 1976, transportable in one or more sections, which, in the traveling mode, +is eight body feet or more in width or 40 body feet or more in length, or, when +erected on site, is 320 or more square feet, and which is built on a permanent +chassis and designed to be used as a dwelling with or without a permanent +foundation when connected to the required utilities, and includes the plumbing, +heating, air-conditioning, and electrical systems. +      (75)   MOBILITY AND STREET SERVICES means public works or transportation. +Any reference to mobility and street services is a reference to public works or +transportation. +      (76)   MULTIPLE-FAMILY DISTRICTS means the MF-1, MF-2, MF-3, and MF- +4 districts established under this chapter (also called “MF” districts). +      (77)   “NO” DISTRICTS means the neighborhood office (NO) matrix districts +established under this chapter. +      (78)   “NO(A)” DISTRICT means the NO(A) district established under +Chapter 51A. +      (79)   NONCONFORMING STRUCTURE means a structure which does not conform +to the regulations (other than the use regulations) of this chapter, but which +was lawfully constructed under the regulations in force at the time of +construction. +      (80)   NONCONFORMING USE means a use that does not conform to the use +regulations of this chapter, but was lawfully established under the regulations +in force at the beginning of operation and has been in regular use since that +time. +      (81)   NONRESIDENTIAL DISTRICTS means the O-1, O-2, NO, LO, MO, GO, NS, +GR, LC, HC, CA-1, CA-2, I-1, I-2, and I-3 districts established under this +chapter. +      (82)   NONRESIDENTIAL USE means any use listed in Sections +51-4.202 through +51-4.216.1. +      (83)   “NS” DISTRICT means the neighborhood service (NS) district +established under this chapter. +      (84)   “NS(A)” DISTRICT means the neighborhood service [NS(A)] district +established under Chapter 51A. +      (85)   OCCUPANCY means the purpose for which a building or land is used. +      (86)   OFFICE DISTRICTS means the O-1, O-2, NO, LO, MO, and GO districts +established under this chapter. +      (86.1)   OFF-STREET PARKING means parking spaces provided for a motor +vehicle that are not located on a public right-of-way or private street. Off- +street parking does not include bicycle parking spaces. +      (87)   OMITTED WALL LINE means a line on the ground determined by a +vertical plane from: +         (A)   the overhang or outermost projection of a structure; or +         (B)   the outer edge of the roof of a structure without walls; or +         (C)   two feet inside the eave line of a structure with roof eaves. +      (88)   OPEN SPACE means an area that is unobstructed to the sky and +contains no structures except for ordinary projections of cornices and eaves. +      (89)   OPENINGS FOR LIGHT OR AIR means any windows, window walls, or +glass panels in an exterior wall of a building, excluding doors used for +access. +      (90)   OUTER COURT means an open space bounded on all sides except one by +the walls of a building, and opening upon a street, alley, or a permanent open +space. +      (91)   OUTSIDE DISPLAY means the placement of a commodity outside for a +period of time less than 24 hours. +      (92)   “P” DISTRICT means the parking (P) district established under this +chapter. +      (93)   “P(A)” DISTRICT means the parking [P(A)] district established +under Chapter 51A. +      (94)   PARKING means the standing of a vehicle, whether occupied or not. +Parking does not include the temporary standing of a vehicle when commodities +or passengers are being loaded or unloaded. +      (95)   PARKING BAY WIDTH means the width of one or two rows of parking +stalls and the access aisle between them. +      (96)   PARKING DISTRICT means the P district established under this +chapter. +      (97)   PARTY WALL means a wall built on an interior lot line used as a +common support for buildings on both lots. +      (98)   PERSON means any individual, firm, partnership, corporation, +association, or political subdivision. +      (99)   PRIVATE STREET means a private street as defined in Section +51-4.217. +      (100)   QUASI-PUBLIC AGENCY means an institution obtaining more than 51 +percent of its funds from tax revenue. +      (101)   “R” DISTRICTS means the R-1ac, R-1/2ac, R-16, R-13, R-10, R-7.5, +and R-5 districts established under this chapter (also called “single-family +districts”). +      (102)   “R(A)” DISTRICTS means the R-1ac(A), R-1/2ac(A), R-16(A), R-13 +(A), R-10(A), R-7.5(A), and R-5(A) districts established under Chapter 51A. +      (103)   REAR YARD means that portion of a lot between two side lot lines +that does not abut a street and that extends across the width of the lot +between the rear setback line and the rear lot line. +      (104)   RESIDENTIAL DISTRICTS means the R-1, R-1/2, R-16, R-13, R-10, R- +7.5, R-5, TH-1, TH-2, TH-3, TH-4, D, MF-1, MF-2, MF-3, MF-4, MH, and A +districts established under this chapter. +      (104.1)   RESIDENTIAL USE means any use listed in Section +51-4.201. +      (105)   RIDGE means the line of intersection at the top between the +opposite slopes or sides of a roof. +      (106)   RIGHT-OF-WAY means an area dedicated to public use for pedestrian +and vehicular movement. +      (107)   RIGHT-OF-WAY LINE means the dividing line between a right-of-way +and an adjacent lot. +      (108)   “RR” DISTRICT means the regional retail (RR) district established +under Chapter 51A. +      (109)   SCREENING means a structure that provides a visual barrier. +      (109.1)   SECONDARY THROUGHFARE means a street designated as a community +or residential collector in the city’s thoroughfare plan. +      (110)   SETBACK LINE means a line marking the minimum distance a building +may be erected from a street, alley, or lot line. (Also called the “building +line.”) +      (110.1)   SHARED ACCESS DEVELOPMENT means a development that meets all of +the requirements of Section 51A-4.411 of the Dallas City Code, as that section +exists today and as it may be amended in the future. +      (111)   SIDE YARD means: +         (A)   that portion of a lot extending from the front setback line to +the rear setback line between the side setback line and the side lot line; or +         (B)   that portion of a lot which is between a lot line and a setback +line but is not a front or rear yard. +      (112)   SINGLE-FAMILY DISTRICTS means the R-1ac, R-1/2ac, R-16, R-13, R- +10, R-7.5, and R-5 districts established under this chapter (also called “R” +districts). +      (113)   SITE AREA means that portion of a building site occupied by a use +and not covered by a building or structure. For purposes of determining +required off-street parking, site area does not include that area occupied by +off-street parking, landscaped areas, and open space not used for storage or +sales. +      (114)   STACK OR STACKING SPACE means a space for one motor vehicle to +line up in while waiting to enter or use a parking lot, garage, drive-in, or +drive-through facility. +      (115)   STORY means: +         (A)   that portion of a building between any two successive floors or +between the top floor and the ceiling above it; and +         (B)   as a measurement term, a maximum vertical distance of 12 feet +between any two successive floors or between the top floor and the ceiling +above it. +      (116)   STREET means a right-of-way which provides primary access to +adjacent property. +      (116.1)   STREET SERVICES means public works. Any reference to street +services is a reference to public works. +      (117)   STRUCTURE means that which is built or constructed, an edifice or +building of any kind, or any piece of work artificially built up or composed of +parts joined together in some definite manner. +      (118)   SUP means “specific use permit” (See Section +51-4.219). +      (119)   “TH” DISTRICTS means the TH-1, TH-2, TH-3, and TH-4 districts +established under this chapter (also called “townhouse districts”). +      (120)   “TH(A)” DISTRICTS means the TH-1(A), TH-2(A), and TH-3(A) +districts established under Chapter 51A. +      (121)   TOWNHOUSE DISTRICTS means the TH-1, TH-2, TH-3, and TH- +4 districts established under this chapter. +      (122)   TRANSIENT STAND means a site for the placing and use of a +manufactured home, recreational vehicle, or tent. +      (123)   ZONING DISTRICT means a classification assigned to a particular +area of the city within which zoning regulations are uniform. +      (124)   ZONING DISTRICT MAP means the official map upon which the zoning +districts of the city are delineated. (Ord. Nos. 16805; 17226; 17393; 17654; +18481; 18849; 19455; 19786; 20272; 20360; 20361; 20383; 20673; 21186; 24731; +24843; 25977; 26140; 26530; 27334, 27404; 28072; 28073; 29128; 30239; 30654; +30932; 32002) +ARTICLE III. +DECISIONMAKING AND ADMINISTRATIVE BODIES. +   This article incorporates by reference the language of Article III of +Chapter 51A of the Dallas City Code, as that article exists today and as it may +be amended in the future. (Ord. Nos. 17226; 17243; 17393; 18968; 19062; 19268; +19455; 19499; 20926; 24163; 24843) +ARTICLE IV. +ZONING REGULATIONS. +Division 51-4.100 +Establishment of Zoning Districts. +SEC. 51-4.101.   ZONING DISTRICTS ESTABLISHED. +   In order to carry out the purposes of this chapter, the city is divided into +the following districts: +      (1)   Residential districts. +         (A)   R-1   Single-family district 1 acre. +         (B)   R-1/2   Single-family district 1/2 acre. +         (C)   R-16   Single-family district 16,000 square feet. +         (D)   R-13   Single-family district 13,000 square feet. +         (E)   R-10   Single-family district 10,000 square feet. +         (F)   R-7.5   Single-family district 7,500 square feet. +         (G)   R-5   Single-family district 5,000 square feet. +         (H)   D   Duplex district. +         (I)   TH-1   Townhouse district 1. +         (J)   TH-2   Townhouse district 2. +         (K)   TH-3   Townhouse district 3. +         (L)   TH-4   Townhouse district 4. +         (M)   MF-1   Multiple-family district 1. +         (N)   MF-2   Multiple-family district 2. +         (O)   MF-3   Multiple-family district 3. +         (P)   MF-4   Multiple-family district 4. +         (Q)   MH   Manufactured home district. +         (R)   A   Agricultural district. +      (2)   Nonresidential districts. +         (A)   O-1   Office district 1. +         (B)   O-2   Office district 2. +         (C)   NO   Neighborhood office matrix districts. +         (D)   LO   Limited office matrix districts. +         (E)   MO   Mid-range office matrix districts. +         (F)   GO   General office matrix districts. +         (G)   NS   Neighborhood service district. +         (H)   SC   Shopping center district. +         (I)   GR   General retail district. +         (J)   LC   Light commercial district. +         (K)   HC   Heavy commercial district. +         (L)   CA-1   Central area district 1. +         (M)   CA-2   Central area district 2. +         (N)   I-1   Industrial district 1. +         (O)   I-2   Industrial district 2. +         (P)   I-3   Industrial district 3. +      (3)   Special purpose districts. +         (A)   PD   Planned development districts. +         (B)   P   Parking district. +      (4)   Overlay districts. +         (A)   H suffix   Historic landmark overlay district. +         (B)   ID suffix   Institutional overlay district. +         (C)   D suffix   D liquor control overlay district. +         (D)   D-1 suffix   D-1 liquor control overlay district. +         (E)   CP suffix   Core pedestrian precinct overlay district. +         (F)   SP suffix   Secondary pedestrian precinct overlay district. +         (G)   AF suffix   Airport flight path overlay district. +         (H)   MD suffix   Modified delta overlay district. +         (I)   NSO suffix   Neighborhood stabilization overlay district. +         (J)   TC suffix   Turtle Creek environmental corridor overlay +district. (Ord. Nos. 16959; 18849; 19063; 20360; 27404) +SEC. 51-4.102.   PURPOSE OF ZONING DISTRICTS. +   (a)   Residential districts. +      (1)   R-1 and R-1/2 Single-Family Districts. There exists in certain +parts of the city large areas of single-family residential development on +estate type lots of one-half acre to one acre or more in area. This development +has been supplied with utilities and other public services based upon an estate +type density. To conserve the character and value of buildings and building +sites existing in these areas and to provide for the gradual expansion of this +residential development in accordance with the need and a comprehensive plan +for various types of residential districts, the R-1 and R-1/2 districts are +provided. These districts are intended to be composed of single-family +dwellings together with public, denominational, and private schools, churches, +and public park areas to serve the area. The sections designated in the R-1 and +R-1/2 districts are limited in area and are not intended to be subject to major +alteration by future amendment except at the fringe of the districts where +minor adjustments may become appropriate to permit the reasonable development +of vacant tracts or gradual transition from other districts. +      (2)   R-16, R-13, and R-10 Single-Family Districts. Single-family +residential development has taken place on intermediate sized lots in portions +of the city in recent years. In order to protect and encourage the continued +development of intermediate density with single-family residences in +appropriate areas of the city, the R-16, R-13, and R-10 districts are provided. +In addition to single-family residences, it is intended that churches, public, +denominational, and private schools, and public parks necessary to serve and +complement the intermediate density development be permitted. The areas placed +in the R-16, R-13, or R-10 districts are generally limited in area and are not +intended to be subject to major alteration by future amendment except where +changed conditions might justify the action or where minor adjustments in the +boundary of a district may be appropriate to secure a reasonable development of +the land. +      (3)   R-7.5 Single-Family District. This district comprises a major +portion of the existing single-family dwelling development of the city and is +considered to be the proper zoning classification for large areas of the +undeveloped land remaining in the city appropriate for single-family dwelling +use. This district is intended to be composed of single-family dwellings +together with public, denominational, and private schools, churches, and public +parks essential to create basic neighborhood units. Limited portions of these +neighborhood units may consist of denser residential zoning classifications +which are shown on the zoning district map or which later may be created by +amendments to the map. +      (4)   R-5 Single-Family District. This classification creates a single- +family dwelling district which is appropriate in area requirements of moderate +value single-family housing development and which, at the same time, provides a +reasonable standard of light, air, and similar living amenities. It is intended +that the R-5 classification be added by amendment in specific areas where +higher density single-family residence development in shown to be appropriate +because of existing development and the adequacy of utilities and where +redevelopment of substandard areas at increased single-family density is +appropriate. +      (5)   D Duplex District. Duplex dwellings have long been a recognized +form of housing in the city. In order to provide standards which will protect +and encourage the various types of duplex dwellings existing in the city, a +duplex dwelling district with minimum area requirements is provided. +      (6)   TH-1, TH-2, TH-3, and TH-4 Townhouse Districts. This classification +creates districts that are being recognized as a form of housing in the city, +and provide standards which will protect and encourage various types of single- +family dwellings in the city. The TH districts are also established in an +effort to provide a more dense single-family residential character by providing +minimum standards for lot area, yards, lot coverage, and lot frontage. +      (7)   MF-1 and MF-2 Multiple-Family Districts. These districts are +composed mainly of areas containing mixtures of single-family, duplex, and +multiple-family dwellings and certain uniformly developed multiple-family +dwelling sections. The MF-1 and MF-2 districts are medium density districts and +are located in certain areas close into the center of the city and at various +outlying locations. The area regulations are designed to protect the +residential character and to prevent the overcrowding of the land in the MF- +1 and MF-2 districts by providing minimum standards for building spacing, +yards, off-street parking, and coverage. All commercial and office uses are +prohibited in the MF-1 and MF-2 districts. It is anticipated that additional +areas may be designated in the MF-1 or MF-2 district from time to time in the +future where the change is appropriate and access and utility services can +reasonably accommodate these medium density dwellings. +      (8)   MF-3 and MF-4 Multiple-Family Districts. There has been constructed +in several parts of the city in recent years, a number of multiple story +apartment buildings. To provide appropriate standards for this dense form of +housing, two specific districts have been provided. The MF-3 district is +designed to accommodate high-rise apartment buildings outside the central area +where greater open space and higher off-street parking standards are +appropriate. Certain limited service uses such as a restaurant or barber or +beauty shop are permitted in the MF-3 district when they are totally contained +within the building. Provisions are made for yards, building spacing, and a +maximum floor area ratio to assure that high-rise buildings located in the MF- +3 district are compatible with adjacent lower buildings and to prevent the +overcrowding of land. It is anticipated and intended that the MF-3 district +will be expanded and some new areas created from time to time. Both MF-3 and +MF-4 districts are high density dwelling districts. The MF-4 district is +designated and intended to be used in and near the central business area and is +not intended to be used in the outlying parts of the city. High densities are +permitted in the MF-4 district and combinations of business and apartment uses +are also permitted. Specific standards for light, air, and building bulk are +prescribed for the district. +      (9)   MH Manufactured Home District. The manufactured home is recognized +as a specific form of housing for which accommodations should be provided. To +provide appropriate standards for density, spacing, and use, a separate +district is created and designated for the specific purpose of providing at +appropriate locations, area for the development of manufactured home parks, +courts, or subdivisions. In certain commercial and industrial districts, a +manufactured home development may be provided for by amending the zoning +district map, where these projects are appropriate by approval of a specific +use permit. The standards for commercial manufactured home development for +transient occupancy differ from those of a manufactured home subdivision where +more or less permanent occupancy is anticipated. +      (10)   A Agricultural District. There exists in certain fringe areas of +the city, land which is presently used for agricultural purposes and to which +urban services are not yet available. These lands should appropriately continue +to be used for agricultural purposes until needed for urban purposes in +conformity with the orderly growth of the city. The uses permitted in the A +district are intended to accommodate normal farming, ranching, and gardening +activities. It is anticipated that all of the A district area will be changed +to other urban zoning categories as the area within the corporate limits of +Dallas becomes fully developed. Newly annexed territory will be temporarily +zoned as A district until permanent zoning is established. +   (b)   Nonresidential districts. +      (1)   O-1 and O-2 Office Districts. The financial, professional, and +managerial dominance of Dallas as a regional center has made office use a +distinct and separate form of land use. In order to provide a zoning district +which would protect and encourage a high standard of office development the +office districts are included as separate zoning classifications. The area +standards provided in the O-1 and O-2 districts anticipate that office uses +will be located in close proximity to apartments and other residential uses. +Yards, signs, building bulk, and off-street parking regulations are provided to +assure that office uses will be compatible with adjacent residential districts. +Where office buildings higher than 36 feet are anticipated or constructed, +greater setbacks are required in order to protect the light and air to adjacent +properties. Limited retail and service uses related to the operation of an +office building such as a tobacco shop, barber shop, or restaurant are +permitted in the O-2 district, but only when such uses are contained within the +main building and are arranged to serve the building occupants and not the +general public. +      (2)   NO Neighborhood Office Matrix Districts. These districts represent +a group of uses that is restricted to office uses which predominantly serve +neighborhood or community needs. They are, therefore, compatible with and are +intended for location adjacent to single-family, duplex, and townhouse +neighborhoods. These districts are designed to preserve the environmental +quality of neighborhood areas. Site development regulations include maximum +heights consistent with low density residential areas, site coverage, and +“overlook” controls above the first story, which minimize residential privacy +intrusion. +      (3)   LO Limited Office Matrix Districts. These districts represent a +group of uses that is restricted to office uses which predominantly serve +neighborhood or community needs. In addition, certain limited service uses are +allowed where they are contained primarily within the building and primarily +serve the occupants of the building and not the general public. These districts +are designed to be located in the area of low and medium density residential +development or area where traffic generation is an issue. +      (4)   MO Mid-Range Office Matrix Districts. These districts represent a +group of uses that is restricted to office and limited service uses, which +serve the building occupants. These districts are intended to serve both +community and city-wide needs, and should be located adjacent to higher density +residential and low and medium density office, retail, commercial, and light +industrial districts. In addition to office uses, certain complimentary retail +uses are permitted in these districts in order to meet the day-to-day retail +needs of area residents and office patrons. A specific use permit is required +for most retail uses in these districts. +      (5)   GO General Office Matrix Districts. These districts represent a +group of uses which would accommodate sophisticated office developments and may +include certain complementary retail and residential uses as a minor component +of such developments. These districts are intended to serve city-wide needs and +should be located near higher density zoning districts, especially where the +potential trip generation allowed by this group will have a minimal effect on +low density communities. +      (6)   NS Neighborhood Service District. The NS district is a limited +retail category intended for use near neighborhood area for the purpose of +supplying day-to-day retail needs of the residents such as food, drugs, and +personal services. The NS district occurs often at limited corner locations in +existing developments and is intended for small service areas in new +development plans. +      (7)   SC Shopping Center District. The SC district provides a uniform set +of standards for modern shopping center development including requirements for +screening, off-street parking, and building setbacks. Inasmuch as the SC +district is found in close proximity to residential development, building +setback and screening requirements are included to achieve a compatible +relationship between the retail development and the adjacent residential areas +which are intended to be served. It is anticipated that from time to time, +additional SC districts will be applied to the district map where retail +service is required to serve developing residential communities. +      (8)   GR General Retail District. The GR district is applied to the strip +retail areas which, because of the nature of development, are not appropriate +for inclusion in the SC district. The uses specified in the GR district include +most types of retail activity except for certain open-type displays such as +used car lots and heavy machinery sales which are not compatible with the +retail shopping function intended in the GR district. It is not anticipated +that the strip retail area zoned as GR districts will be subject to any major +expansion. It is anticipated that in some situations a future change to a +commercial or office classification might be appropriate to permit the +transition of strip retail areas which are no longer in demand for retail use +to other productive forms of land use. +      (9)   LC Light Commercial District. Part of the existing strip business +development consists of uses related to the automobile, including drive-in or +curb service eating places, used car lots, repair garages, amusements, +warehouses, and repair and service uses such as custom woodworking shops, +upholstery shops, commercial amusements, and plumbing shops. These uses are +generally not compatible with retail shopping areas and tend to obstruct and +interfere with the shopping function. To accommodate these uses, the LC +district is provided. Generally, this district is located along major arteries +where strip business development exists. +      (10)   HC Heavy Commercial District. The sale, service, display, and +storage of certain commodities is by its nature not compatible with many other +sales and display operations. Building material yards, contractor yards, open +storage and repair of heavy machinery and welding or machine shops are examples +of such heavy uses. In order to establish areas where these heavy sales, +service, display, and storage uses could be located, the HC district is +provided. +      (11)   CA-1 and CA-2 Central Area Districts. These districts are provided +to accommodate existing development in the central area of the city, to +encourage the most appropriate future use of land, and to prevent the increase +of street congestion. The requirements of both districts are similar except for +the requirements for apartment development. Both districts require off-street +parking and loading although the construction of parking facilities for 50 cars +or less is exempted in CA-1. The CA-1 district covers the area within the +central freeway loop and a portion of the business development along Jefferson +Boulevard. The CA-2 district is found in several areas outside the central +expressway loop and in the border areas of the Jefferson Boulevard business +section. +      (12)   I-1, I-2, and I-3 Industrial Districts. Industrial development +represents a substantial part of the economic base of Dallas. The rapidly +changing variety of industry found in Dallas and the development of modern +technology make it appropriate and desirable to provide for standards of +industrial performance rather than to attempt to categorize industrial uses by +name. Performance standards covering noise, smoke, particulate matter, and +other air contaminants, odorous matter, fire and explosive hazard, glare, and +vibration are specified for each of the three industrial districts and noise, +odor, and glare standards are made applicable to all districts. +         (A)   The I-1 district permits basically the same uses and has the +same performance standards as the I-2 district. The I-1 district area +provisions are applicable to the modern industrial district developments. The +district is provided to encourage and protect high standards for industrial +district development. +         (B)   The I-1 district requirements include front yard setbacks and +building spacing standards not appropriate in the I-2 district. The I- +2 district standards are based upon the close-in light industrial development +where little or no front yard setback or building space has been provided. In +order to protect existing development and to encourage the most appropriate use +of land in the future, the I-1 and I-2 districts are provided. +         (C)   The I-3 district has more liberal performance standards than the +two industrial districts, I-1 and I-2, and is considered a heavy industrial +district. Most industrial uses are permitted in the I-3 district. The provision +of an adequate site area and a technical operation which meets the standards +for noise, smoke and contaminants, odor, fire and explosive hazard, glare, and +vibration at the bounding property line of the site will enable almost any +industrial operation to be located in the I-3 district. +         (D)   All types of housing development other than for caretakers or +watchmen are excluded from the I-3 district, and only apartment development is +permitted in the I-1 and I-2 districts. This requirement is intended to protect +the industrial land of the city from the adverse effects of unregulated +residential encroachment, and to facilitate adequate provision of +transportation, schools, parks, and other public requirements, provided that +all single-family residential dwellings existing in the I-1 and I-2 districts +at the time of the passage of the 1965 ordinance, may be used and alterations, +repairs, additions, and accessories thereto may be erected the same as is +allowed for a single-family dwelling in a residential district (R-5 or R-7.5) +but no new dwellings may be erected therein. +   (c)   Special purpose districts. +      (1)   PD Planned Development District. In order to provide flexibility in +the planning and development of projects with combinations of uses and of +specific physical designs such as office centers, combination apartment and +retail centers, shopping centers, medical centers with office and housing +elements, special industrial districts, housing developments and other similar +developments, a PD district is provided. This district is intended to be +applied to the district map as an amendment to the zoning ordinance. Certain +maximum and minimum standards are specified for various use categories and +certain standards such as for yards, coverage, and building spacing are to be +determined by the design. Specific development conditions and development +schedules can be enforced with respect to a PD district and failure to adhere +to a development schedule can be the basis of removing all or part of a PD +district from the zoning district map. The purposes of the PD district are to +achieve flexibility and variety in the physical development pattern of the +city, to encourage a more efficient use of open space, and to encourage the +appropriate use of land. It is intended that cognizance be taken of surrounding +property and that proper protection be given to it in locating and approving +any PD district. +      (2)   P Parking District. The provision of off-street parking for motor +vehicles in connection with all types of use is essential to the reduction of +congestion in the streets and to the encouragement of the most appropriate use +of land. Numerous strip retail and commercial areas exist in Dallas which do +not provide adequate off-street parking space. The P district provides a zoning +classification limited to surface parking use and intended for use behind, +across the street from, or adjacent and incidental to apartment, retail, +commercial, institutional, office, or industrial uses where the provision of +off-street parking is essential to protection of existing development and +conducive to the most appropriate use of land. The P district is intended to be +applied to the zoning district map by amendment where property ownership, +physical arrangement, and proper access make the change appropriate. In many +instances, a P district may be less than one acre in area. +   (d)   Overlay zoning districts. +      (1)   H Historic Landmark Overlay District. Any zoning district +designation appearing on the zoning district map may be followed by the suffix +“H” indicating a subdistrict. A historic landmark may be any building, area, +land, or district of historical, architectural, archaeological, or cultural +importance or value which merits protection, enhancement, and preservation in +the interest of the culture, prosperity, education, and welfare of the people. +The “H” designation applies to those premises, lots, or tracts designated +through procedures set forth in this chapter. Additional uses may be permitted +in any specific “H” overlay district. The “H” suffix does not affect the legal +use of the property except as provided in the ordinance establishing the +overlay district. +      (2)   ID Institutional Overlay District. Any zoning district appearing on +the zoning district map may be followed by the suffix “ID” indicating an +institutional overlay district. The purpose of this overlay district is to +promote cultural, educational, medical, and other institutions, enhance their +benefit to the community, and protect adjacent property. +      (3)   D and D-1 Liquor Control Overlay Districts. The purpose of the +liquor control overlay district is to protect residential neighborhoods by +establishing certain areas of the city where uses that sell or serve alcoholic +beverages in the city are either prohibited or permitted by specific use permit +only. The D overlay district designates an area where uses that sell or serve +alcoholic beverages are prohibited. The D-1 overlay district designates an area +where uses that sell or serve alcoholic beverages are permitted by specific use +permit only. These districts are established pursuant to the powers conferred +upon the city under Articles 1011a et seq., Vernon’s Texas Civil Statutes, to +designate areas where uses that sell or serve alcoholic beverages may be +located. +      (4)   MD Modified Delta Overlay District. The purpose of this district is +to discontinue the application of the delta theory in areas of the city where +there is no need to encourage redevelopment and adoptive reuse of existing +structures and where continued application of this theory will create traffic +congestion and public safety problems. +      (5)   CP Core Pedestrian Precinct Overlay District. An area in the CA- +1 district with requirements for special sidewalk and pedestrian facilities. +      (6)   SP Secondary Pedestrian Precinct Overlay District. An area in the +CA-1 district with requirements for special sidewalk and pedestrian facilities. +      (7)   Reserved. +      (8)   NSO Neighborhood Stabilization Overlay District. The purpose of the +neighborhood stabilization overlay district is to preserve single-family +neighborhoods by imposing neighborhood-specific yard, lot, and space +regulations that reflect the existing character of the neighborhood. The +neighborhood stabilization overlay district does not prevent construction of +new single-family structures or the renovation, remodeling, repair, or +expansion of existing single-family structures, but, rather, ensures that new +single-family structures are compatible with existing single-family structures. +      (9)   TC Turtle Creek Environmental Corridor Overlay District. Any zoning +district appearing on the zoning map may be followed by the suffix “TC” +indicating the Turtle Creek environmental corridor overlay district. The +purpose of this overlay district is to protect and preserve the environmentally +sensitive Turtle Creek area located along Turtle Creek Parkway, Lee Park, and +Reverchon Park from Wycliff Avenue to Maple Avenue. This overlay preserves the +open space of those lands directly bordering the Turtle Creek Parkway Corridor +through the authorization of decreased minimum setbacks and the transfer of +development rights. (Ord. Nos. 16959; 18040; 18849; 19063; 20360; 27404; 28072) +SEC. 51-4.103.   ZONING DISTRICT MAP. +   This section incorporates by reference the language of Section 51A-4.103 of +Chapter 51A of the Dallas City Code, as amended. (Ord. Nos. 20729; 28072) +SEC. 51-4.104.   ZONING DISTRICT BOUNDARIES. +   (a)   When uncertainty exists as to the boundaries of districts as shown on +the official zoning map, the following rules apply: +      (1)   Boundaries indicated as approximately following the center lines of +streets, highways, or alleys are construed to follow those center lines. +      (2)   Boundaries indicated as approximately following platted lot lines +are construed as following those lot lines. +      (3)   Boundaries indicated as approximately following city limits are +construed as following city limits. +      (4)   Boundaries indicated as following railroad lines are construed as +following the established center line of a railroad right-of-way. If no center +line is established, the boundary is midway between the railroad right-of-way +lines. +      (5)   Boundaries indicated as following shore lines are construed to +follow shore lines. If the shore line changes, the boundaries are construed as +moving with the actual shore line. +      (6)   Boundaries indicated as approximately following the center lines of +streams, rivers, canals, lakes, or other bodies of water are construed to +follow those center lines. The center line is interpreted as being midway +between the shore lines of the body of water. If the center line changes, the +boundaries are construed as moving with the center line. +      (7)   Boundaries indicated as parallel to or extensions of the features +described in Subsections (a)(1) through (a)(6) are construed as being parallel +to or extensions of the features. +      (8)   Boundaries indicated as dividing a lot or tract are construed to be +located as shown on the zoning district map. +   (b)   Distances not specifically indicated on a zoning district map are +determined by the scale of the map. +   (c)   Whenever a street, alley, or other public way is vacated by official +action of the city council, the zoning district line adjoining each side of the +street, alley, or other public way automatically extends to the center line of +the vacated street, alley, or public way. +   (d)   When there is a question as to the boundary of a tract and that +question cannot be resolved by the application of Subsections (a) through (c), +the board of adjustment shall determine the boundary by interpreting the +official zoning district map and ordinances amending the map. +   (e)   When there is a question as to whether or how a tract is zoned and +that question cannot be resolved by the application of this section, the tract +is temporarily classified as an agricultural district, and the tract is subject +to the same regulations as provided for annexed territory temporarily zoned. +Division 51-4.200 +Use Regulations. +SEC. 51-4.201.   RESIDENTIAL USES. +   (a)   General provisions. +      (1)   In an GO district, single-family, duplex, and multiple-family uses +must be a component of an office building and comprise no more than five +percent of the total floor area of the building. +      (2)   Notwithstanding any other provision in this chapter, a facility +that meets all of the requirements of Article 1011n, V.T.C.A., may locate in +any residential zone or district in the city as a matter of right. Unless +otherwise directed by the city attorney, the building official and any other +city officer or employee charged with enforcement of this chapter shall +construe Article 1011n by substituting Congress’ definition of a handicapped +person in the Fair Housing Amendments Act of 1988, as amended, for the state’s +definition of “disabled person” in that article. +   (b)   Specific residential uses. The following residential uses are subject +to the general provisions in Subsection (a) and the regulations below: +      (1)   Single-family. +         (A)   Definition: One dwelling unit located on a lot. +         (B)   Districts permitted: Residential districts except MH; +nonresidential districts except NO, LO, MO, and industrial districts. +         (C)   Required off-street parking: Two spaces for each dwelling unit, +except one space for each dwelling unit in R-7.5 and R-5 districts. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Additional dwelling unit. The board of adjustment may grant a +special exception to authorize an additional dwelling unit in any district +when, in the opinion of the board, the additional dwelling unit will not: +               (aa)   be used as rental accommodations; or +               (bb)   adversely affect neighboring properties. +               (cc)   In granting a special exception under this subparagraph, +the board shall require the applicant to deed restrict the subject property to +prevent use of the additional dwelling unit as rental accommodations. +   (ii)   Accessory dwelling unit. +   (aa)   The board of adjustment may grant a special exception to authorize a +rentable accessory dwelling unit in any district when, in the opinion of the +board, the accessory dwelling unit will not adversely affect neighboring +properties. +   (bb)   If a minimum of one additional off-street parking space is not +provided, the board shall determine if that will create a traffic hazard. The +board may require an additional off-street parking space be provided as a +condition of granting this special exception. +   (cc)   In granting a special exception under this subparagraph, the board +shall require the applicant to: +         (I)   deed restrict the subject Property to require owner-occupancy on +the premises; and +         (II)   annually register the rental property with the city’s single +family non-owner occupied rental program. +            (iii)   Physically seperable. A dwelling unit must be physically +separable from contiguous dwelling units in the event of removal of a dwelling +unit. +            (iv)   Utility services. Each dwelling unit must have separate +utility services; however, general utility services on land owned and +maintained by a homeowner’s association is allowed. +            (v)   Party wall. Each party wall must be governed by a set of deed +restrictions, stipulating that if a dwelling unit is removed, the party wall +stays with the remaining dwelling unit. +            (vi)   Electrical service. In a single-family, duplex, or townhouse +district, a lot for a single-family use may be supplied by not more than one +electrical utility service, and metered by not more than one electrical meter. +The board of adjustment may grant a special exception to authorize more than +one electrical utility service or more than one electrical meter on a lot in a +single-family, duplex, or townhouse district when, in the opinion of the board, +the special exception will: +               (aa)   not be contrary to the public interest; +               (bb)   not adversely affect neighboring properties; and +               (cc)   not be used to conduct a use not permitted in the +district where the building site is located. +            (vii)   Industrialized housing. In addition to any other applicable +regulations, industrialized housing must comply with the following additional +provisions. For purposes of this subparagraph, “industrialized housing” means +industrialized housing as defined by Section 1202.002 of the Texas Occupations +Code, as amended. +               (aa)   Industrialized housing must have all local permits and +licenses that are applicable to other single-family or duplex dwellings. +               (bb)   Industrialized housing must have a value equal to or +greater than the median taxable value of each single-family dwelling located +within 500 feet of the lot on which the industrialized housing is proposed to +be located, as determined by the most recent certified tax appraisal roll of +the appraisal district. For purposes of this subparagraph, the “value” of the +industrialized housing means the taxable value of the industrialized housing +and the lot after installation of the industrialized housing. +               (cc)   Industrialized housing must have exterior siding, +roofing, roof-pitch, foundation fascia, and fenestration compatible with the +single-family dwellings located within 500 feet of the lot on which the +industrialized housing is proposed to be located. “Compatible” as used in this +subparagraph means similar in application, color, materials, pattern, quality, +shape, size, slope, and other characteristics; but does not necessarily mean +identical. The burden is on the property owner or applicant to supply proof of +compatibility. The property owner or applicant may appeal a decision of the +building official to deny a permit due to lack of compatibility to the board of +adjustment. +               (dd)   Industrialized housing must comply with municipal +aesthetic standards; yard, lot, and space regulations; subdivision regulations; +landscaping; and any other regulations applicable to single-family dwellings. +               (ee)   Industrialized housing must be securely fixed to a +permanent foundation. +               (ff)   Industrialized housing may not be constructed in a +historic overlay district unless the industrialized housing conforms to the +preservation criteria of the historic overlay district. +               (gg)   Industrialized housing may not be constructed in a +conservation district unless the industrialized housing conforms to the +conservation district regulations. +               (hh)   Industrialized housing may not be constructed unless it +complies with public deed restrictions for the property. +            (viii)   Except in the agricultural district, accessory structures +are subject to the following regulations: +               (aa)   Except as provided in this section, no person shall rent +an accessory structure. For purposes of this section, rent means the payment of +any form of consideration for the use of the accessory structure. +               (bb)   Except for accessory dwelling units, no person shall use +an advertisement, display, listing, or sign on or off the premises to advertise +the rental of an accessory structure. +               (cc)   The height of an accessory structure may not exceed the +height of the main building. +               (dd)   The floor area of any individual accessory structure on a +lot, excluding floor area used for parking, may not exceed 25 percent of the +floor area of the main building. +               (ee)   The total floor area of all accessory structures on a +lot, excluding floor area used for parking, may not exceed 50 percent of the +floor area of the main building. +               (ff)   Accessory structures must have exterior siding, roofing, +roof-pitch, foundation fascia, and fenestration compatible with the main +building. “Compatible” as used in this provision means similar in application, +color, materials, pattern, quality, shape, size, slope, and other +characteristics; but does not necessarily mean identical. The burden is on the +property owner or applicant to supply proof of compatibility. This provision +does not apply to accessory structures with a floor area of 200 square feet or +less. +      (1.1)   Handicapped group dwelling unit. +         (A)   Definitions: +            (i)   DOMICILE means the legal, established, fixed, and permanent +place of residence of a person, as distinguished from a temporary and +transient, though actual, place of residence. +            (ii)   HANDICAPPED GROUP DWELLING UNIT means a single dwelling unit +that is the domicile of not more than eight handicapped persons who are not a +“family” as that term is defined in this chapter, and who are living together +as a single housekeeping unit. Up to two supervisory personnel may reside on +the premises, provided that the total number of residents, including +supervisory personnel, does not exceed eight. +            (iii)   HANDICAPPED PERSON means a handicapped person as defined in +the federal Fair Housing Amendments Act of 1988, as amended. +            (iv)   LICENSED means licensed by the Texas Department of Human +Services, or its successor. +         (B)   Districts permitted: When located at least 1,000 feet from group +residential facilities and all other licensed handicapped group dwelling units, +as defined in this chapter, by right in the following districts: Residential +districts except MH; non-residential districts except NO, LO, MO, and +industrial districts; otherwise, by SUP only in same districts. For purposes of +this provision, the distance between uses is measured in a straight line, +without regard to intervening structures or objects, between the nearest +boundaries of the building sites on which the uses are located. (Note: The +spacing component of these use regulations is based, not on the handicapped +status of the residents, but on the non-family status of the groups.) +         (C)   Required off-street parking: Two spaces for each dwelling unit, +except one space for each dwelling unit in R-7.5 and R-5 districts. If an SUP +is required for this use, the off-street parking requirement may be established +in the ordinance granting the SUP. In determining this requirement, the city +council shall consider the nature of the proposed use and the degree to which +the use would create traffic hazards or congestion given the capacity of nearby +streets, the trip generation characteristics of the use, the availability of +public transit and the likelihood of its use, and the feasibility of traffic +mitigation measures. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   No certificate of occupancy is required for this use. +            (ii)   This use liberalizes current restrictions on the number of +unrelated persons who may reside together in a dwelling unit in the city for +the exclusive benefit of handicapped persons seeking to permanently reside +together as a single housekeeping unit. Its purpose is to comply with the +substance and spirit of the federal Fair Housing Amendments Act of 1988, as +amended, which requires that reasonable accommodations be made in rules, +policies, and practices to permit persons with handicaps equal opportunity to +use and enjoy a dwelling. [See Section +51-1.102(b)(2).] +            (iii)   This use is exempt from payment of SUP application fees. +            (iv)   Any owner of property on which this use is located or +proposed to be located may require a letter from the director confirming that +no SUP is required for the use. No fee is required to apply for such a letter. +Application must be on a form furnished by the director. The director shall +issue the requested letter unless, within 30 days after submission of a +complete application, the director gives written notice to the applicant that +the use or proposed use will require an SUP. For purposes of this paragraph, +notice is given to the applicant by depositing the same properly addressed and +postage paid in the United States mail. The proper address for purposes of this +notice requirement is the address provided by the applicant on the application. +No SUP shall be required for uses that operate in justifiable reliance upon a +valid confirmation letter issued by the director. +            (v)   Any aggrieved person may appeal a decision of the director +that an SUP is required for this use. Such appeals shall be heard and decided +by the board of adjustment. An appeal to the board must be made within 15 days +after the director gives written notice that the SUP is required. Appeal is +made by filing a written notice of appeal on a form approved by the board. [See +Section 51A-4.703.] No fee is required to appeal the decision of the director +to the board. +            (vi)   If two or more facilities are within 1,000 feet of each +other and otherwise in permissible locations, the first one lawfully +established and continually operating thereafter is the conforming use. For +purposes of this subparagraph, “continually operating” means that the use has +not been discontinued for six months or more. +      (2)   Duplex. +         (A)   Definition: Two dwelling units located on a lot. +         (B)   Districts permitted: Residential districts except single-family, +MH, and A districts; nonresidential districts except NO, LO, MO, and industrial +districts. +         (C)   Required off-street parking: Two spaces for each dwelling unit. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Only one main building may be placed on a building site under +this use. +            (ii)   In a duplex district, a lot for a duplex use may be supplied +by not more than one electrical utility service, and metered by not more than +two electrical meters. The board of adjustment may grant a special exception to +authorize more than one electrical utility service or more than two electrical +meters on a lot in a duplex use in a duplex district when, in the opinion of +the board, the special exception will: +               (aa)   not be contrary to the public interest; +               (bb)   not adversely affect neighboring properties; and +               (cc)   not be used to conduct a use not permitted in the +district where the building site is located. +            (iii)   In addition to any other applicable regulations, +industrialized housing must comply with the following additional provisions. +For purposes of this subparagraph, “industrialized housing” means +industrialized housing as defined by Section 1202.002 of the Texas Occupations +Code, as amended. +               (aa)   Industrialized housing must have all local permits and +licenses that are applicable to other single-family or duplex dwellings. +               (bb)   Industrialized housing must have a value equal to or +greater than the median taxable value of each single-family dwelling located +within 500 feet of the lot on which the industrialized housing is proposed to +be located, as determined by the most recent certified tax appraisal roll of +the appraisal district. For purposes of this subparagraph, the “value” of the +industrialized housing means the taxable value of the industrialized housing +and the lot after installation of the industrialized housing. +               (cc)   Industrialized housing must have exterior siding, +roofing, roof-pitch, foundation fascia, and fenestration compatible with the +single-family dwellings located within 500 feet of the lot on which the +industrialized housing is proposed to be located. “Compatible” as used in this +subparagraph means similar in application, color, materials, pattern, quality, +shape, size, slope, and other characteristics; but does not necessarily mean +identical. The burden is on the property owner or applicant to supply proof of +compatibility. The property owner or applicant may appeal a decision of the +building official to deny a permit due to lack of compatibility to the board of +adjustment. +               (dd)   Industrialized housing must comply with municipal +aesthetic standards; yard, lot, and space regulations; subdivision regulations; +landscaping; and any other regulations applicable to single-family dwellings. +               (ee)   Industrialized housing must be securely fixed to a +permanent foundation. +               (ff)   Industrialized housing may not be constructed in a +historic overlay district unless the industrialized housing conforms to the +preservation criteria of the historic overlay district. +               (gg)   Industrialized housing may not be constructed in a +conservation district unless the industrialized housing conforms to the +conservation district regulations. +               (hh)   Industrialized housing may not be constructed unless it +complies with public deed restrictions for the property. +      (3)   Multiple-family. +         (A)   Definition: Three or more dwelling units located on a lot. +         (B)   Districts permitted: Multiple-family, O-1, O-2, GO, commercial, +and central area districts: specific use permit required in I-1 and I- +2 districts. +         (C)   Required off-street parking: One space for each bedroom with a +minimum of one space per dwelling unit. An additional one-quarter space per +dwelling unit must be provided for guest parking if the required parking is +restricted to resident parking only. No additional parking is required for +accessory uses that are limited principally to residents. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 100,000 1 +100,000 to 300,000 2 +Each additional 200,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Uses that are customarily incidental to the multiple-family +use and that include an employee’s washroom, a manager’s office, laundry room, +swimming pool, and game courts are permitted. The game courts, laundry room, +and swimming pool must be for the exclusive use of the residents and their +guests. No exterior advertising of the accessory uses is permitted. +            (ii)   The minimum space between exterior walls of a multiple- +family dwelling must be 10 feet between the walls if only one wall has an +opening for light and air and 20 feet if both walls have an opening for light +and air. This provision applies to multiple-family buildings with a common roof +or freestanding, multiple-family buildings. This provision does not apply to +walls located entirely within a dwelling unit. +            (iii)   For multiple-family dwellings over 36 feet in height, an +outer court that has on its perimeter exterior walls that have openings for +access, light, or air, must have a minimum width equal to the depth of the +court, up to a maximum required width of 100 feet. +            (iv)   For multiple-family dwellings over 36 feet in height, an +inner court that has one or more walls with openings for access, light, or air +must have a minimum dimension in length and in width equal to the height of the +building enclosing the inner court, up to a maximum required width and length +of 100 feet. +      (3.1)   Group residential facility. +         (A)   Definition: An interim or permanent residential facility (as +opposed to a lodging or medical treatment facility) that provides room and +board to a group of persons who are not a “family” as that term is defined in +this chapter, whether or not the facility is operated for profit or charges for +the services it offers. This use does not include: +            (i)   facilities that negotiate sleeping arrangements on a daily +basis; +            (ii)   dwelling units occupied exclusively by families (Note: +Dwelling units occupied exclusively by families are considered to be single- +family, duplex, or multiple-family uses, as the case may be); or +            (iii)   any other use specifically defined in this chapter. +         (B)   Districts permitted: When located at least 1,000 feet from all +other group residential facilities and licensed handicapped group dwelling +units (as defined in this chapter), by right in multiple-family and central +area districts; otherwise by SUP only in the same districts. For purposes of +this provision, the term “licensed” means licensed by the Texas Department of +Human Services, or its successor, and the distance between uses is measured in +a straight line, without regard to intervening structures or objects, between +the nearest boundaries of the building sites on which the uses are located. +(Note: The spacing component of these use regulations is based, not on the +handicapped status of the residents, but on the non-family status of the +groups. [See Section 51A-1.102(b)(2).]) +            (C)   Required off-street parking: 0.25 spaces per bed, plus one +space per 200 square feet of office area; a minimum of four spaces is required. +If an SUP is required for this use, the off-street parking requirement may be +established in the ordinance granting the SUP. In determining this requirement, +the city council shall consider the nature of the proposed use and the degree +to which the use would create traffic hazards or congestion given the capacity +of nearby streets, the trip generation characteristics of the use, the +availability of public transit and the likelihood of its use, and the +feasibility of traffic mitigation measures. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   The use is subject to the following density restrictions: +  +ZONING DISTRICT MAXIMUM NO. OF DWELLING UNITS MAXIMUM NO. OF BEDS* PER NET +CLASSIFICATION OR SUITES* PER NET ACRE ACRE +TH-1 35 70 +TH-2 and TH-3 40 80 +MF-1 50 100 +MF-2 60 120 +MF-3 90 180 +MF-4 160 320 +  +  +*For purposes of this subparagraph, the term “suite” means one or more rooms +designed to accommodate one family, containing living, sanitary, and sleeping +facilities, but not containing a kitchen; and the term “bed” means a piece of +furniture, mat, cushion, or other device on or in which one may lie and sleep. +            (ii)   This use must comply with statutory licensing requirements, +if any. +            (iii)   This use may include dwelling units or suites that are +exclusively restricted to visitors or members of the staff. +      (4)   Reserved. +      (5)   Reserved. +      (6)   Manufactured home park, manufactured home subdivision, and +campground. +         (A)   Definition: +            (i)   A manufactured home park is a unified development of +transient stands arranged on a lot under single ownership. +            (ii)   A manufactured home subdivision is a plat designed +specifically for manufactured home development. +            (iii)   A campground is a lot used to accommodate recreation +vehicles, tents, or manufactured homes on a rental basis for temporary camping +purposes. +         (B)   Districts permitted: MH. +         (C)   Required off-street parking: 1.5 spaces for each transient stand +for a manufactured home park or campground; 1.5 spaces for each lot in a +manufactured home subdivision. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   The owner of a manufactured home park must have a site plan +approved by the commission before the building official may issue a building +permit for the manufactured home park. The site plan must include the +dimensions, bearings, and street frontage of the property; the location of +buildings, structures, lots, stands, and uses; the method of ingress and +egress; off-street parking and loading arrangements; screening, lighting, and +landscaping, if appropriate; and any other information the director determines +necessary for a complete review of the proposed development. +            (ii)   The owner of a manufactured home subdivision must have a +plat approved by the commission and filed in the county records before the +building official may issue a building permit for the manufactured home +subdivision. +            (iii)   One caretaker’s dwelling unit and one office is permitted +under this use. +            (iv)   No carport, garage, storage building, office, or caretaker’s +dwelling, laundry house, or other permitted structure under this use may be +located closer than 50 feet to a manufactured home district boundary line. +            (v)   The owner under this use must provide and maintain a +permanent steel chain link fence or its equivalent. The fence must be at least +five feet in height and must completely surround the rear and all sides of this +use that are not exposed to a dedicated street. +            (vi)   Open playground space must be provided under this use at a +ratio of 500 square feet of open space for each of the first 20 lots or +transient stands provided, and at a ratio of 250 square feet for all additional +lots or transient stands. +            (vii)   This use must comply with the requirements of Chapter 47 of +this code. +      (7)   Retirement housing. +         (A)   Definition: A residential facility principally designed for +persons 55 years of age or older. This use does not include a convalescent or +nursing home, which is defined as a separate main use in Section +51-4.205(3). +         (B)   Districts permitted: Multiple-family and central area districts; +specific use permit required in townhouse districts. +         (C)   Required off-street parking: One space per dwelling unit or +suite. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 None +50,000 to 100,000 1 +100,000 to 300,000 2 +Each additional 200,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   In these regulations: +               (aa)   ELDERLY RESIDENT means a resident that is 55 years of age +or older. +               (bb)   SUITE means one or more rooms designed to accommodate one +family containing living, sanitary, and sleeping facilities, but not containing +a kitchen. +            (ii)   In townhouse and multiple-family districts, this use is +subject to the following density restrictions: +ZONING DISTRICT CLASSIFICATION MAXIMUM NO. OF DWELLING UNITS OR SUITES PER NET + ACRE +ZONING DISTRICT CLASSIFICATION MAXIMUM NO. OF DWELLING UNITS OR SUITES PER NET + ACRE +TH-1 25 +TH-2 and TH-3 35 +TH-4 40 +MF-1 45 +MF-2 55 +MF-3 90 +MF-4 160 +  +            (iii)   Except as otherwise provided in Subparagraphs (iv) and (v), +each occupied dwelling unit or suite must have at least one elderly resident. +Failure to comply with this provision shall result in the facility being +reclassified as another use. +            (iv)   One dwelling unit or suite may be designated as a caretaker +unit whose occupants are not subject to the age restriction in Subparagraph +(iii). +            (v)   Those persons legally residing with an elderly resident at +the facility may continue to reside at the facility for a period not to exceed +one year if the elderly resident dies or moves out for medical reasons. The +board may grant a special exception to authorize an extension of the length of +time a person may continue to reside at the facility if the board finds, after +a public hearing, that literal enforcement of this provision would result in an +unnecessary personal hardship. In determining whether an unnecessary personal +hardship would result, the board shall consider the following factors: +               (aa)   The physical limitations of the resident, if any. +               (bb)   Any economic constraints which would make it difficult +for the resident to relocate. +               (cc)   Whether the resident is dependent on support services or +special amenities provided by the retirement housing project. +               (dd)   Whether there are any alternative housing or market +constraints which would impair the ability to relocate. +            (vi)   No use with exterior advertising or signs may be considered +accessory to this use. (Ord. Nos. 16801; 16806; 16913; 17552; 17811; 18849; +19700; 19912; 20038; 20360; 21044; 25435; 25486; 25977; 26140; 27404; 28803; +30890; 30930) +SEC. 51-4.202.   UTILITY AND SERVICE USES. +   Utility and service uses are subject to the following regulations: +      (1)   Utility or government installation other than listed. +         (A)   Definition: +            (i)   A “utility other than listed” is a public or private facility +certificated, franchised, licensed, or operated by the city as a utility and +that is not specifically covered by the use regulations in this chapter. +            (ii)   A “government installation other than listed” is an +installation owned or leased by a governmental agency and that is not +specifically covered by the use regulations in this chapter. Typical such +government installations include city hall, a courthouse, or an elevated +storage reservoir. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts; specific use permit required in residential, NS, and +office districts. +         (C)   Required off-street parking: The ratio of the use that the +building official determines is the most equivalent to the proposed use in +terms of function. If a specific use permit is required, the off-street parking +regulations may be established in the ordinance granting the permit. In such +cases, the city council shall consider the degree to which the use would create +traffic hazards or congestion given the capacity of nearby streets, the trip +generation characteristics of the use, the availability of public transit and +the likelihood of its use, and the feasibility of traffic mitigation measures. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   The specific use permit requirement for this use does not +apply to a building, other structure, or land under the control, +administration, or jurisdiction of a state or federal agency. +      (2)   Local utilities. +         (A)   Definitions: +            (i)   UTILITY SERVICES means air pollution monitoring stations, +antennas, cables, dishes, distribution lines, drainage lines, generating +facilities, nodes and hubs, pipes, poles, pumping stations, receivers and +senders, repeating or regenerating devices, storm water facilities, switching +stations, substations, tanks, transmission lines, water wells, wires, or +similar equipment operated by a municipality, a transit authority, or a +certificated, franchised, or licensed utility company providing cable +television, electrical, gas, internet, storm sewer, telecommunications, +telegraph, telephone, water, or wastewater service to the public. +            (ii)   COMMUNICATIONS EXCHANGE FACILITY means a facility for the +centralized placement of communications equipment used to store, house, and +route voice and data transmissions among communications companies. +         (B)   Districts permitted: +            (i)   Utility services: Residential and nonresidential districts; +specific use permit (SUP) required in residential districts if the above-grade +facilities exceed 300 square feet in floor area or structure footprint per lot, +except that no SUP is required for below-grade facilities, distribution lines, +transmission lines, and supporting structures; RAR is required if this use is +more than 150 square feet in floor area or more than 10 feet in height, except +that no RAR is required for below-grade facilities, distribution lines, +transmission lines, and supporting structures. In this subparagraph, “structure +footprint” means the ground area defined by vertical planes extending downward +from the outermost projection of the structure. +            (ii)   Communications exchange facility: O-2, LO, MO, GO, GR, LC, +HC, central area, and industrial districts; SC if this use does not exceed +50,000 square feet of floor area, otherwise prohibited in SC; nonresidential +planned development districts that allow local utilities; and residential +planned development districts only if specifically listed as a permitted use, +otherwise prohibited in residential planned development districts. +         (C)   Required off-street parking: +            (i)   Utility services: None. +            (ii)   Communications exchange facility: One space for each 5,000 +square feet of floor area, except that one space for each 333 square feet is +required for any floor area used for office space. +         (D)   Required off-street loading: +            (i)   Utility services: None. +            (ii)   Communications exchange facility: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 None +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Utility services: +               (aa)   Aboveground storage tanks are not permitted under this +use, except accessory aboveground storage tanks to emergency generators. The +capacity of accessory aboveground storage tanks may not exceed 11,000 gallons +in nonresidential districts and 3,500 gallons in residential districts. +               (bb)   Except as otherwise provided in Subparagraph (E)(i)(dd), +in residential districts, if this use is over seven feet in height, screening +that complies with Section +51-4.602(b) must be constructed and maintained along the side and rear of the +use. +               (cc)   Except as otherwise provided in Subparagraph (E)(i)(dd), +if this use is over seven feet in height, a perimeter landscape buffer strip +that complies with Section 51A-10.125 must be provided. +               (dd)   Distribution lines, transmission lines, and supporting +structures are exempt from the requirements of Subparagraphs (E)(i)(bb) and (E) +(i)(cc). +               (ee)   No landscape regulations apply to this use except as +expressly provided in these additional provisions. +               (ff)   This use is not subject to compliance proceedings under +Section +51-4.704. +            (ii)   Communications exchange facility: +               (aa)   Section +51-4.408(a)(1), which exempts structures for utility uses from certain height +restrictions, does not apply to this use. +               (bb)   Aboveground storage tanks are not permitted under this +use, except accessory aboveground storage tanks to emergency generators. Unless +located within an enclosed structure or completely screened from adjacent +street right-of-way and all other properties by solid screening, the capacity +of accessory aboveground storage tanks may not exceed 11,000 gallons in +nonresidential districts and 3,500 gallons in residential districts. +      (3)   Electrical substation. +         (A)   Definition: A facility for transforming electricity for +distribution to individual customers. +         (B)   Districts permitted: Nonresidential districts except O-1; +specific use permit required in residential, O-1, and NO districts. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: None. +      (4)   Electrical energy generating plant. +         (A)   Definition: A facility franchised by the city that generates +electricity from mechanical power produced by gas, coal, or nuclear fission. +         (B)   Districts permitted: HC and industrial districts; specific use +permit required in an agricultural district. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (5)   Radio, television, or microwave tower. +         (A)   Definition: A structure supporting antennae that transmit or +receive any portion of the electromagnetic spectrum. +         (B)   Districts permitted: O-2, NO, LO, MO, GO, SC, GR, LC, HC, +central area, and industrial districts; specific use permit required in +residential, O-1, and NS districts; specific use permit required in NO +districts if this use exceeds 30 feet in height and in LO and MO districts if +this use exceeds 60 feet in height. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: None. +      (6)   Commercial radio or television transmitting station. +         (A)   Definition: A facility for transmission of commercial +programming by radio or television within the commercial band of the +electromagnetic spectrum. +         (B)   Districts permitted: O-2, MO, GO, commercial, central area, and +industrial districts; specific use permit required in LO and agricultural +districts. +         (C)   Required off-street parking: One space for each 1,000 square +feet of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (7)   Sewage pumping station. +         (A)   Definitions: A facility for pumping sewage. +         (B)   Districts permitted: Residential districts and nonresidential +districts except O-1. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (8)   Sewage treatment plant. +         (A)   Definition: A facility for receiving and treating sewage from +the city sanitary sewer system. +         (B)   Districts permitted: I-3 district; specific use permit required +in A, O-2, commercial, central area, I-1, and I-2 districts. +         (C)   Required off-street parking: One space for each million gallons +of capacity. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (9)   Telephone exchange, switching, and transmitting equipment. +         (A)   Definition: Non-attended telephone switching or transmitting +service. +         (B)   Districts permitted: Residential and nonresidential districts. +         (C)   Required off-street parking: One space for each 1,000 square +feet of floor area. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Business office facilities, storage, or repair shops or yards +are not permitted under this use. +      (10)   Water reservoir, well, or pumping station. +         (A)   Definition: +            (i)   A water reservoir is a facility for the ground storage and +transmission of water for use by the city water system. +            (ii)   A well is a facility for the ground storage and transmission +of water. +            (iii)   A pumping station is a facility for transporting water, +including pumps, piping, valves, and controls. +         (B)   Districts permitted: Residential and nonresidential districts. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: None. +         (E)   Additional provisions:    +            (i)   Elevated water storage reservoirs are not permitted under +this use. +      (11)   Water treatment plant. +         (A)   Definition: A facility for purifying, supplying, and +distributing city water, including a system of reservoirs, channels, mains, and +purifying equipment. +         (B)   District permitted: SC, GR, LC, HC, central area, and industrial +districts; specific use permit required in A, O-1, O-2, and NS districts. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (12)   Tower/antenna for cellular communication. +         (A)   Definitions: +            (i)   Mounted cellular antenna means a cellular antenna that is +attached to an existing structure, that complies with the requirements of +Subparagraph (E)(i), and that is part of a cellular system authorized by the +Federal Communications Commission. An auxiliary building housing electronic and +communication equipment is permitted as part of this use. +            (ii)   Monopole cellular tower means a single pole structure that +supports a platform and cellular antennas, that complies with the requirements +of Subparagraphs (E)(ii) and (iii), and that is part of a cellular system +authorized by the Federal Communications Commission. An auxiliary building +housing electronic and communication equipment is permitted as part of this +use. +            (iii)   Other cellular communication tower/antenna means any +cellular communication tower or antenna that is part of a cellular system +authorized by the Federal Communications Commission, but that is not covered by +the definitions contained in Subparagraphs (A)(i) and (A)(ii). An auxiliary +building housing electronic and communication equipment is permitted as part of +this use. +            (iv)   Platform means that portion of a monopole cellular tower +that is located on top of the pole and that supports directional, transmitting, +and receiving antennas. +            (v)   Temporary cellular unit means any cellular communication +structure, vehicle, trailer mounted apparatus, or device that is part of a +system authorized by the Federal Communications Commission that is used to +temporarily provide service where an existing tower/antenna for cellular +communication is not operable for one or more of the following reasons: +               (aa)   The existing tower/antenna for cellular communication use +is damaged or destroyed other than by the intentional act of the owner or +agent; or +               (bb)   A demolition or construction permit has been issued on a +building site that requires the removal of existing mounted cellular antenna, +monopole cellular tower, or other cellular communication tower/antenna. +         (B)   Districts permitted: +            (i)   Mounted cellular antennas: By right in A, single-family, +duplex, townhouse, MF-1, MF-2, and MH districts when attached to an existing +structure that is currently occupied or was last occupied by a nonresidential +use. +            (ii)   Mounted cellular antennas: By right in MF-3, MF-4, and all +nonresidential districts when attached to any existing structure. +            (iii)   Monopole cellular towers: By right in LC, HC, industrial, +and central area districts with RAR required in LC, HC, and industrial +districts. By right in O-2, LO, MO, and GO districts if the height of the tower +does not exceed the maximum height for structures in that district as provided +in the height regulations of Section +51-4.408, with RAR required in the same districts; otherwise by SUP only. By +right in the GR district if the height of the tower does not exceed 65 feet, +with RAR required; otherwise by SUP only. By right in the SC district if the +height of the tower does not exceed 80 feet, with RAR required; otherwise by +SUP only. By SUP only in all residential, NO, O-2, and NS districts. The impact +of the tower height on an adjacent residential district must be considered in +the SUP process. +            (iv)   Other cellular communication towers/antennas are permitted +as follows: O-2, NO, LO, MO, GO, SC, GR, LC, HC, central area, and industrial +districts; SUP required in residential, O-1, and NS districts; specific use +permit in NO districts if this use exceeds 30 feet in height and in LO and MO +districts if this use exceeds 60 feet in height. +            (v)   Temporary cellular unit is permitted by right in all +districts. +         (C)   Required off-street parking: None required for temporary +cellular units. One space if the cellular communication tower/antenna has an +auxiliary building housing electronic and communication equipment (“auxiliary +building”) greater than 120 square feet. Physically separate auxiliary +buildings will not be aggregated to determine the area of an auxiliary building +for the purpose of determining required off-street parking requirements. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Mounted cellular antennas may not exceed 12 feet above the +structure to which they are attached. Whip antennas are excluded from this +calculation. +            (ii)   The pole portion of a monopole cellular tower may not exceed +42 inches in diameter. Microwave dishes or similar devices up to three feet in +diameter may be mounted on the pole portion of a monopole cellular tower. If +microwave dishes or similar devices on a monopole cellular tower are concealed +within a stealth tower, no maximum; otherwise, no more than two dishes or +similar devices may be placed on a monopole cellular tower. +            (iii)   The platform portion of a monopole cellular tower may not +have a horizontal cross sectional area greater than 196 square feet. The depth +of the platform may not exceed four feet, excluding any whip antenna. Only +antennas that are part of a cellular system authorized by the Federal +Communications Commissions are permitted on a platform. +            (iv)   The owner of a monopole or other tower for cellular +communication shall notify the building official when the tower is no longer +operating as part of a cellular system authorized by the Federal Communications +Commission. Within 12 months of the date the tower ceases to operate as part of +an authorized cellular system, the tower must either be removed from the site, +or a certificate of occupancy must be obtained to allow another permitted use +of the tower. If within 12 months the owner fails to remove the tower or obtain +proper authorization for use of the tower, the building official shall revoke +the certificate of occupancy for the tower and notify the city attorney to +pursue enforcement remedies. +            (v)   Mounted cellular antennas attached to utility structures are +exempt from the additional setback regulations in Sections +51-4.401, +51-4.402, and +51-4.403 in certain circumstances. [See Section +51-4.408(a)(1).] +            (vi)   Temporary cellular unit: +               (aa)   The building official shall issue a certificate of +occupancy for a period not to exceed one year. The building official may grant +up to two six-month extensions if a complete application for or amendment to a +specific use permit or planned development district has been filed with the +director or a building permit is issued for the replacement of the existing +tower/antenna for cellular communication. +               (bb)   A temporary cellular unit must be removed upon the +expiration of its certificate of occupancy or upon the completion or expiration +of a permit to construct a structure upon which to mount a permanent mounted +cellular antenna, a monopole cellular tower, or other cellular antenna, +whichever occurs first. +               (cc)   Except as provided in this provision, a temporary +cellular unit must comply with the yard, lot, and space regulations of the +district and may not exceed the height of the existing tower/antenna for +cellular communication use to be removed. Lightning rods atop a temporary +cellular unit are not included in height calculations. If a temporary cellular +unit collocates with existing operators on a single vertical temporary cellular +unit, the following regulations apply: +                  (I)   If the height of the existing mounted cellular antenna +to be removed is less than the maximum structure height of the district, the +maximum structure height may extend an additional ten feet in height for each +existing operator above one, not to exceed the maximum structure height of the +district. +                  (II)   If the height of the existing mounted cellular +antennas to be removed is equal to or exceeds the maximum structure height of +the district, the maximum height of the temporary cellular unit may not exceed +the height of the existing mounted cellular antennas to be removed. +            (vii)   The specific use permit regulations in Section 51A-4.219 +apply to a tower/antenna for cellular communication except as modified in this +provision. The director shall send written notice of a public hearing on an +application for an SUP for a tower/antenna for cellular communication use to +all owners of real property lying within 500 feet of the building site as +defined in Section 51A-4.601 on which the tower/antenna for cellular +communication use will be located. If the site does not comply with Section +51A-4.601, the director shall send written notice of a public hearing on an +application for an SUP for a tower/antenna for cellular communication use to +all owners of real property lying within 500 feet of the boundaries of a lot on +a preliminary plat that is approved by the city plan commission upon which the +tower/antenna for cellular communication use is to be located. +            (viii)   An application for or an amendment to a specific use +permit or planned development district is not required for a modification to an +existing tower/antenna for cellular communication or its base station unless +the modification substantially changes the physical dimensions of the existing +tower/antenna for cellular communication or base station. A modification +substantially changes the physical dimensions of an existing tower/antenna for +cellular communication or its auxiliary building if it meets the criteria +listed in 47 C.F.R. §1.40001(b)(7), as amended. (Ord. Nos. 17444; 18849; 19808; +21000; 24543; 27404; 29984; 30890) +SEC. 51-4.203.   TRANSPORTATION USES. +   Transportation uses are subject to the following regulations: +      (1)   Airport or landing field. +         (A)   Definition: A facility for the landing of fixed or rotary wing +aircraft. +         (B)   Districts permitted: Residential districts and nonresidential +districts except NO, LO, MO, and GO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of terminal building floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   A minimum of 60 acres is required for this use. +            (ii)   This use must be approved by the city aviation department. +            (iii)   This use is subject to the Federal Aviation +Administration’s rules and regulations. +      (2)   STOL (short takeoff or landing) port. +         (A)   Definition: A facility for takeoff and landing operations of +fixed wing aircraft designed to land on runways of 1,000 feet or less. +         (B)   Districts permitted: SC, LC, HC, central area, and industrial +districts; specific use permit required in an agricultural district. +         (C)   Required off-street parking: One space for each 200 square feet +of terminal building floor area; a minimum of five spaces is required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use may include refueling equipment and passenger +shelters but may not include maintenance facilities. +            (ii)   This use must be approved by the city aviation department. +            (iii)   This use is subject to the Federal Aviation +Administration’s rules and regulations. +      (3)   Passenger bus station and terminal. +         (A)   Definition: A facility for passenger bus docking, passenger +loading, and unloading. +         (B)   Districts permitted: GR, LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each four seats in +lobby; one space for each 100 square feet of cafe; one space for each 200 +square feet of floor area excluding bus unloading area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No open storage is permitted under this use unless the use is +in a district where open storage is permitted as a main use. +      (4)   Transit passenger shelter. +         (A)   Definition: A structure which affords protection from the +weather to persons who are waiting to board a publicly owned or franchised +transit vehicle. +         (B)   Districts permitted: Residential and nonresidential districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A site plan must be submitted to and approved by the director +if the location of the proposed shelter structure will be on or within 20 feet +of a lot that is located in a single-family or duplex district and occupied by +a residential use. The site plan must show the area within a 50-foot radius of +the proposed shelter structure. No site plan is required if the lot is vacant +or exclusively occupied by one or more nonresidential uses. +            (ii)   The submission and review procedures for a site plan +required under Subparagraph (i) are the same as those required under Section +51-4.803 for a lot that has residential adjacency. For purposes of these +provisions, the term “lot” in Section +51-4.803 is construed to mean only that area for which a site plan is required. +            (iii)   In addition to the requirements of Section +51-4.803(e), upon the filing of a complete application for review of a site +plan required under Subparagraph (i), the director shall send written notice to +all owners of real property lying within 200 feet of the area for which the +site plan is required. +            (iv)   A litter container of adequate size must be provided on the +site at all times. +            (v)   This use must be installed by public agencies. +            (vi)   In single-family and duplex districts, the shelter structure +must not occupy an area greater then 100 square feet. +            (vii)   This use is exempt from the front, side, and rear yard +requirements in this chapter, except that the shelter structure must be set +back at least five feet from the edge of the roadway. +            (viii)   No signs are permitted on the transit passenger shelter +site except for governmental signs, transit system logos, schedules, and route +information. +      (5)   Helicopter base. +         (A)   Definition: A landing and terminal facility for rotary wing +aircraft. +         (B)   Districts permitted: I-2 and I-3 districts; specific use permit +required in A, HC, and I-1 districts. +         (C)   Required off-street parking: One space for each 300 square feet +of terminal building floor area exclusive of hangers; a minimum of five spaces +required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use may include facilities for serving and repairing +rotary wing aircraft and must meet all requirements for those uses. +            (ii)   This use must be approved by the city aviation department. +            (iii)   This use is subject to the Federal Aviation +Administration’s rules and regulations. +      (6)   Heliport. +         (A)   Definition: A facility for the regularly scheduled landing of +rotary wing aircraft. +         (B)   Districts permitted: I-2 and I-3 districts; specific use permit +required in A, LC, HC, central area, and I-1 districts. +         (C)   Required off-street parking: One space for each 600 square feet +of site area; a minimum of four spaces is required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use is limited to helicopters with a gross weight of +less than 12,500 pounds. +            (ii)   This use may not include fueling or servicing facilities. +            (iii)   This use must be approved by the city aviation department. +            (iv)   This use is subject to the Federal Aviation Administration’s +rules and regulations. +      (7)   Helistop. +         (A)   Definition: A landing pad for the occasional and infrequent use +by rotary wing aircraft. +         (B)   Districts permitted: I-2 and I-3 districts; specific use permit +required in MF-3, MF-4, A, O-2, MO, GO, SC, GR, LC, HC, central area, and I- +1 districts. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use is limited to helicopters with a gross weight of +less than 6,000 pounds. +            (ii)   Regularly scheduled stops are not permitted under this use. +            (iii)   This use must be approved by the city aviation department. +      (8)   Motor freight hauling and storage. +         (A)   Definition: A facility for warehousing, transferring, or keeping +goods. +         (B)   Districts permitted: HC, central area, and industrial districts. +         (C)   Required off-street parking: One space for each 1,000 square +feet of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No open storage is permitted under this use unless the use is +in a district where open storage is permitted as a main use. +      (9)   Railroad freight terminal. +         (A)   Definition: A facility on railroad premises for freight +classifying, docking, lighterage, and storage. +         (B)   Districts permitted: HC, central area, and industrial districts. +         (C)   Required off-street parking: One space for each 1,000 square +feet of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No open storage is permitted under this use unless the use is +in a district where open storage is permitted as a main use. +      (10)   Railroad passenger station. +         (A)   Definition: A facility for the loading and discharging of train +passengers. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts; specific use permit required in LO, MO, and GO districts. +         (C)   Required off-street parking: One space for each four seats in +the lobby; one space for each 200 square feet of floor area excluding train +unloading area; one space for each 100 square feet for a restaurant. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (11)   Railroad team track. +         (A)   Definition: A siding for the spotting, unloading, and loading of +railroad cars. +         (B)   Districts permitted: HC, central area, and industrial districts. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   A railroad team track must be accessible from a public +street. +      (12)   Railroad yard, roundhouse, or shops. +         (A)   Definition: A facility for storing, repairing, and making up +trains and railroad equipment. +         (B)   District permitted: Industrial districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area of roundhouse and shops. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +(Ord. Nos. 18849; 20122; 27404) +SEC. 51-4.204.   COMMUNITY SERVICE USES. +   Community service uses are subject to the following regulations: +      (1)   Post office. +         (A)   Definition: A government facility for the transmission, sorting, +and local distribution of mail. +         (B)   Districts permitted: Nonresidential districts except O-1 and NO; +specific use permit required in MF-3, MF-4, O-1, and LO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use includes main branches, substation branches, and +neighborhood coin-operated self-service stations. +      (2)   Community, welfare, or health center. +         (A)   Definition: A community service facility where social, +recreational, welfare, health, or child-care service is provided by a public, +quasi-public, tax-exempt, church, or municipal agency. +         (B)   Districts permitted: MO, GO, commercial, central area, and +industrial districts; specific use permit required in O-2 and residential +districts except MH. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area, or the ratio of an equivalent use, whichever is greater. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (3)   Foster home. +         (A)   Definition: A facility licensed by the state as a foster home +that provides room, board, ordinary care, and supervision to five or more +individuals under 18 years of age, who are not related by blood, marriage, or +adoption to the owner or operator of the facility. +         (B)   Districts permitted: Commercial and central area; specific use +permit required in residential, O-1, O-2, and industrial districts. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 100,000 1 +100,000 to 300,000 2 +Each additional 200,000 or fraction thereof 1 additional +  +      (4)   Child-care facility. +         (A)   Definition: A facility that provides care, training, education, +custody, treatment, or supervision for persons under 14 years of age who are +not related by blood, marriage, or adoption to the owner or operator of the +facility, whether or not the facility is operated for profit or charges for the +services it offers. This use does not include: +            (i)   a facility that is operated in connection with a shopping +center, business, religious organization, or establishment where children are +cared for during short periods while parents or persons responsible for the +children are attending religious services, shopping, or engaging in other +activities on or near the premises, including but not limited to retreats or +classes for religious instruction; +            (ii)   a school or class for religious instruction that does not +last longer than two weeks and is conducted by a religious organization during +the summer months; +            (iii)   an educational facility accredited by the Central Education +Agency or the Southern Association of Colleges and Schools that operates +primarily for educational purposes in grades kindergarten and above; +            (iv)   an educational facility that operates solely for educational +purposes in grades kindergarten through at least grade two, that does not +provide custodial care for more than one hour during the hours before or after +the customary school day, and that is a member of an organization that +promulgates, publishes, and requires compliance with health, safety, fire, and +sanitation standards equal to standards required by state, municipal, and +county codes; +            (v)   a kindergarten or preschool educational program that is +operated as part of a public school or a private school accredited by the +Central Education Agency, that offers educational programs through grade six, +and does not provide custodial care during the hours before or after the +customary school day; +            (vi)   an educational facility that is integral to and inseparable +from its sponsoring religious organization or an educational facility both of +which do not provide custodial care for more than two hours maximum per day, +and that offers educational programs for children age five and above in one or +more of the following: kindergarten through at least grade three, elementary, +or secondary grades; +            (vii)   a day home as defined in Section +51-4.217; or +            (viii)   individuals living together as a single housekeeping unit +in which not more than four individuals are unrelated to the head of the +household by blood, marriage, or adoption. +         (B)   Districts permitted: Commercial and central area districts; +specific use permit required in residential, office, and industrial districts; +limited use in NO, LO, MO, and GO districts (specific use permit not required). +         (C)   Required off-street parking: If an SUP is required for this use, +the off-street parking requirement may be established in the ordinance granting +the SUP, otherwise one space for each 500 square feet of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 100,000 1 +100,000 to 300,000 2 +Each additional 200,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The limited use regulations in this chapter are modified for +this use to allow an outdoor play area and separate access from the main +building to the play area. +            (ii)   This use must comply with all applicable requirements +imposed by state law. +            (iii)   The persons being cared for, trained, kept, treated, or +supervised under this use may not use the facility as a residence. +      (5)   Halfway house. +         (A)   Definition: A facility for the housing, rehabilitation, and +training of persons on probation, parole, or early release from correctional +institutions, or other persons found guilty of criminal offenses. +         (B)   Districts permitted: Specific use permit required in GR, LC, HC, +I-1, and central area districts. A halfway house may not be located in a +planned development district unless all of the requirements of this paragraph +are met. +         (C)   Required off-street parking: Determined by the specific use +permit. This requirement must include provision of adequate off-street parking +for residents, staff, and visitors. In determining an adequate number of off- +street parking spaces, the city council shall consider the degree to which +allowing the use would create traffic hazards or congestion given the capacity +of nearby streets, the trip generation characteristics of the use, the +availability of public transit and the likelihood of its use, and the +feasibility of traffic mitigation measures. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No more than 50 residents are permitted in a halfway house. +Halfway houses must be located at least 1000 feet from residential districts, +single-family, duplex, and multiple-family uses, public parks and recreational +facilities, child-care facilities, and public or private schools. +            (ii)   A halfway house may not be located within one mile from +another halfway house. +            (iii)   A specific use permit for a halfway house shall be issued +for a two year time period. Periodic review periods may be established as part +of the specific use permit. +            (iv)   The treatment of alcoholic, narcotic, or psychiatric +problems is allowed under this use if expressly permitted by the specific use +permit. +            (v)   This use shall comply with all applicable city, state, and +federal codes and regulations. +            (vi)   Halfway houses must be located within 1200 feet of mass +transit service. +            (vii)   A halfway house specific use permit application must +include evidence of meetings between the applicant and property owners within +the notification area. Evidence of meetings must include records reflecting the +dates of the meetings, the individuals or organizations involved, and the +issues discussed and resolved. +            (viii)   Signs identifying a use as a halfway house are not +permitted. +            (ix)   Halfway house premises must be properly maintained in good +condition at all times. +            (x)   A security plan must be submitted with an application for a +specific use permit for a halfway house. The security plan must demonstrate +compliance with the security requirements of state law. The director shall +furnish a copy of security plans for halfway houses to appropriate city, +county, and state agencies for their review before the commission’s +consideration of an application. Provisions addressing security must be +included in any ordinance granting a specific use permit for a halfway house. A +compliance report must be submitted to the director every two years after the +date of passage of an ordinance granting a specific use permit and with each +application for renewal of a specific use permit for a halfway house. +            (xi)   Measurements of distance under this paragraph are taken +radially. “Radial” measurement means a measurement taken along the shortest +distance between the nearest point of the building site of the halfway house +and the nearest point of the building site of another use, or of a zoning +district boundary. +      (6)   Adult day care facility. +         (A)   Definition: A facility that provides care or supervision for +five or more persons 18 years of age or older who are not related by blood, +marriage, or adoption to the owner or operator of the facility, whether or not +the facility is operated for profit or charges for the services it offers. +         (B)   Districts permitted: By right in commercial and central area +districts; specific use permit required in residential, office, and industrial +districts; limited use in NO, LO, MO, and GO districts (specific use permit not +required). +         (C)   Required off-street parking: One space per 500 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The limited use regulations in this chapter are modified for +this use to allow an outdoor recreation area and separate access from the main +building to the recreation area. +            (ii)   This use must comply with statutory licensing requirements. +            (iii)   The persons being cared for or supervised under this use +may not use the facility as a residence. +      (7)   Reserved. (Ord. Nos. 16802; 17329; 18014; 18849; 19059; 19064; +19455; 19931; 20845; 21044; 27404; 28803) +SEC. 51-4.205.   MEDICAL USES. +   Medical uses are subject to the following regulations: +      (1)   Hospital. +         (A)   Definition: An institution licensed by the state as a hospital +where sick or injured patients are given medical treatment. +         (B)   Districts permitted: SC, GR, LC, HC, and central area districts; +specific use permit required in multiple-family, agricultural, O-1, O-2, MO, +GO, NS, and industrial districts. +         (C)   Required off-street parking: One space for each bed. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (2)   Reserved. +      (3)   Convalescent and nursing homes, hospice care, and related +institutions. +         (A)   Definition: +            (i)   This use includes both: +               (aa)   an establishment which furnishes (in single or multiple +facilities) food and shelter to five or more persons who are not related by +blood, marriage, or adoption to the owner or proprietor of the establishment +and, in addition, provides minor treatment under the direction and supervision +of a physician, or services which meet some need beyond the basic provision of +food, shelter, and laundry; and +               (bb)   an establishment conducted by or for the adherence of any +well-recognized church or religious denomination for the purpose of providing +facilities for the care or treatment of the sick who depend exclusively upon +prayer or spiritual means for healing, without the use of any drug or material +remedy, provided safety, sanitary, and quarantine laws and regulations are +complied with. +            (ii)   This use does not include: +               (aa)   a hotel or similar place that furnishes only food and +lodging, or either, to its guests; +               (bb)   a hospital; or +               (cc)   an establishment that furnishes only baths and massages +in addition to food, shelter, and laundry. +         (B)   Districts permitted: Multiple-family and central area districts; +specific use permit required in agricultural and townhouse districts. In +multiple-family districts, a site plan must be submitted in accordance with the +requirements of Section +51-4.803, and the director shall review the plan for compliance with the +neighborhood protection standards in Subsection (f)(3) of that section. +         (C)   Required off-street parking: 0.3 spaces per bed. +         (D)   Required off-street loading: One space. +         (E)   Additional provisions: +            (i)   In townhouse and multiple-family districts, this use is +subject to the following density restrictions: +ZONING DISTRICT MAXIMUM NO. OF DWELLING UNITS MAXIMUM NO. OF BEDS PER NET +CLASSIFICATION OR SUITES* PER NET ACRE ACRE +ZONING DISTRICT MAXIMUM NO. OF DWELLING UNITS MAXIMUM NO. OF BEDS PER NET +CLASSIFICATION OR SUITES* PER NET ACRE ACRE +TH-1 35 70 +TH-2 and TH-3 40 80 +TH-4 45 90 +MF-1 50 100 +MF-2 60 120 +MF-3 90 180 +MF-4 160 320 +  +*For purposes of this subparagraph, the term “suite” means one or more rooms +designed to accommodate one family, containing living, sanitary, and sleeping +facilities, but not containing a kitchen. +            (ii)   This use must comply with statutory licensing requirements, +if any. +            (iii)   This use may include dwelling units that are exclusively +restricted to visitors, patients, or members of the staff. +      (4)   Reserved. +      (5)   Medical clinic or ambulatory surgical center. +         (A)   Definition: A facility for examining, consulting with, and +treating patients with medical, dental, or optical problems on an out-patient +basis. +         (B)   Districts permitted: Office, commercial, central area, and +industrial districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Offices and laboratories are permitted as accessory uses. +      (6)   Medical or scientific laboratory. +         (A)   Definition: A facility for testing and analyzing medical or +scientific problems. +         (B)   Districts permitted: O-2, MO, GO, SC, GR, LC, HC, central area, +and industrial districts; specific use permit required in LO districts. +         (C)   Required off-street parking: One space for each 300 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (7)   Optical shop. +         (A)   Definition: A facility providing optical items for the +correction of vision. +         (B)   Districts permitted: +            (i)   In general: O-2, commercial, central area, and industrial +districts; limited use in LO, MO, and GO districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (8)   Medical appliance fitting and sales. +         (A)   Definition: A facility specializing in the retail sale or rental +of special purpose devices related to medical treatment. +         (B)   Districts permitted: O-2, GO, SC, GR, LC, HC, central area, and +industrial districts; specific use permit required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (9)   Ambulance service. +         (A)   Definition: A commercial facility for the housing, maintenance, +and dispatch of vehicles designed to transport sick or injured persons to +medical facilities. +         (B)   Districts permitted: GR, LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 300 square feet +of floor area, plus one space for each 500 square feet of site area excluding +structures. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +(Ord. Nos. 18849; 19065; 19806; 19912; 19913; 21044; 27404) +SEC. 51-4.206.   RELIGIOUS USES. +   Religious uses are subject to the following regulations: +      (1)   Church. +         (A)   Definition: A facility principally used for people to gather +together for public worship, religious training, or other religious activities. +This use does not include home study meetings or other religious activities +conducted in a privately occupied residence. +         (B)   Districts permitted: Residential and nonresidential districts. +         (C)   Required off-street parking: +            (i)   Number of spaces required. One space per 333 square feet in +floor area if a church has less than 5,000 square feet of floor area and is +located in a shopping center with more than 20,000 square feet in floor area, +otherwise one space for each four fixed seats in the sanctuary or auditorium. +If fixed benches or pews are provided, each 18 inches of length of the fixed +bench or pew constitutes one fixed seat for purposes of this paragraph. If +portions of seating areas in the sanctuary or auditorium are not equipped with +fixed seats, benches, or pews, the parking requirement for those portions is +one space for each 28 square feet of floor area. +            (ii)   Definitions. For purposes of this subsection, “remote +parking” means required off-street parking provided on a lot not occupied by +the main use. “Shared parking” means the use of the same off-street parking +stall to satisfy the off-street parking requirements for two or more uses. +            (iii)   Reconciliation with Section +51-4.301. Except as otherwise expressly provided in this subsection, the off- +street parking regulations in Section +51-4.301 apply to this use. In the event of a conflict between this subsection +and Section +51-4.301, this subsection controls. +            (iv)   Remote and shared parking. A church may use remote and/or +shared parking to satisfy up to 50 percent of its off-street parking +requirements, provided that the remote and/or shared parking is on a lot that +is: +               (aa)   dedicated to parking use by an instrument filed with the +building official and approved by the city attorney’s office; +               (bb)   located in a nonresidential or parking district, as these +districts are defined both in this chapter and in Chapter 51A; and +               (cc)   located within 600 feet (including streets and alleys) of +the lot occupied by the church. The distance measured is the shortest distance +between the lots. +            (v)   Distance extension with shuttle service. A remote parking lot +for a church may be located up to one and one-half miles (including streets and +alleys) from the lot occupied by the church if a shuttle service is provided to +transport persons between the church and the remote parking lot. The shuttle +service must be approved by the director of public works and transportation. +            (vi)   Remote parking agreement. An agreement authorizing a church +to use remote parking may be based on a lease of the remote parking spaces if: +               (aa)   the lease is for a minimum term of three years; and +               (bb)   the agreement provides that both the owner of the lot +occupied by the church and the owner of the remote lot shall notify the city of +Dallas in writing if there is a breach of any provision of the lease, or if the +lease is modified or terminated. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A church may permit passengers of mass transportation and car +pools to park on the church parking lot. +            (ii)   The following structures, when located on top of a church +building, are excluded from the height measurement of the church building: +               (aa)   Belfries. +               (bb)   Bell towers. +               (cc)   Campaniles. +               (dd)   Carillons. +               (ee)   Crosses. +               (ff)   Cupolas. +               (gg)   Spires. +               (hh)   Steeples. +      (2)   Rectory. +         (A)   Definition: A dwelling unit for a minister, priest, or rabbi. +         (B)   Districts permitted: Residential and nonresidential districts. +         (C)   Required off-street parking: Same as that required for an +equivalent dwelling unit in the district in which the rectory is located. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A rectory located on a church site is part of the church and +is included in the calculations of all zoning requirements for the church. +            (ii)   A rectory not on the church site must comply with the +residential requirements of the district in which it is located. +      (3)   Convent or monastery. +         (A)   Definition: The living quarters or dwelling units for a +religious order or for the congregation of persons under religious vows. +         (B)   Districts permitted: Multiple-family, office, commercial, and +central area districts; specific use permit required in single-family, duplex, +TH, agricultural, and industrial districts. +         (C)   Required off-street parking: One space for each three residents; +a minimum of two spaces required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 100,000 1 +100,000 to 300,000 2 +Each additional 200,000 or fraction thereof 1 additional +  +      (4)   Cemetery or mausoleum. +         (A)   Definition: +            (i)   A cemetery is a place designated for burial of the dead. +            (ii)   A mausoleum is a building with places for the entombment of +the dead. +         (B)   Districts permitted: Specific use permit required in residential +and nonresidential districts except O-1, NO, LO, MO, and GO districts where use +is not permitted. +         (C)   Required off-street parking: Two spaces. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 100,000 1 +100,000 to 300,000 2 +Each additional 200,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Cemeteries are subject to Chapter 11 of this code. +      (5)   Reserved. (Ord. Nos. 18849; 19058; 19305; 19455; 27404; 28803) +SEC. 51-4.207.   EDUCATIONAL USES. +   Educational uses are subject to the following regulations: +      (1)   Public or private school. +         (A)   Definitions: +            (i)   OPEN-ENROLLMENT CHARTER SCHOOL means a public school that is +operated under a charter granted under Subchapter D of Chapter 12 of the Texas +Education Code. +            (ii)   PRIVATE SCHOOL means a school that a student may attend and +thereby be exempt from state law requirements of compulsory attendance at a +public school, and that exists apart from the student’s home. +            (iii)   PUBLIC SCHOOL means a kindergarten, elementary, or +secondary educational institution that is owned or operated by a local +independent school district, or operated under a charter granted under Chapter +12 of the Texas Education Code. +         (B)   Districts permitted: +            (i)   Public school other than an open-enrollment charter school: +Nonresidential districts; specific use permit required in residential +districts. +            (ii)   Open-enrollment charter school or private school: Specific +use permit required in residential and nonresidential districts. +         (C)   Required off-street parking: +One and one-half spaces for each kindergarten/elementary school classroom. +Three and one-half spaces for each junior high/middle school classroom. +Nine and one-half spaces for each senior high school classroom. +   (iv)   If an SUP is required for this use, the off-street parking +requirement may be established in the ordinance granting the SUP. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use does not include business, commercial, trade, or +craft schools. +            (ii)   This use must comply with all applicable licensing +requirements. +            (iii)   If this use is nonconforming, the board of adjustment shall +not establish a compliance date for the use under Section +51-4.704(a)(1) unless the owners of more than 50 percent of the land within 200 +feet of the lot containing the school file a written petition with the board +requesting that a compliance date be established. In computing the percentage +of land area under this subparagraph, the area of public right-of-way and city- +owned property is excluded. The area of the lots used or owned by the school or +by an entity affiliated with the school is also excluded from the computation. +            (iv)   This use, if nonconforming, may expand its total floor area +by up to 10 percent or 2,000 square feet, whichever is less, without obtaining +an SUP. +      (2)   Reserved. +      (3)   Business school. +         (A)   Definition: A business enterprise offering instruction and +training in a service or the arts such as secretarial, barber, commercial +artist, computer software, and similar training. +         (B)   Districts permitted: Nonresidential districts except NO +districts; specific use permit required in NO districts. +         (C)   Required off-street parking: 0.3 spaces for each fixed seat. If +no fixed seats, then 0.3 spaces for each seven square feet of classroom. Any +professional, personal service, or custom crafts uses accessory to a business +school providing services to patrons who are not students or school employees +must be parked to the appropriate professional, personal service, and custom +crafts use parking requirement. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use does not include schools teaching trades or crafts. +      (4)   Technical school. +         (A)   Definition: A business enterprise offering instruction and +training in a trade such as welding, bricklaying, machinery operation, and +other similar trades or crafts. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: 0.3 spaces for each fixed seat. If +no fixed seats, then 0.3 spaces for each seven square feet of classroom. Any +professional, personal service, or custom crafts uses accessory to a technical +school providing services to patrons who are not students or school employees +must be parked to the appropriate professional, personal service, and custom +crafts use parking requirement. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (5)   College, university, or seminary. +         (A)   Definition: +            (i)   A college or university is an accredited academic institution +of higher learning beyond the level of secondary school. +            (ii)   A seminary is an institution for the training of candidates +for the priesthood, ministry, or rabbinate. +         (B)   Districts permitted: Multiple-family, O-1, O-2, commercial, and +central area districts; specific use permit required in single-family, duplex, +TH, agricultural, NO, LO, MO, GO, and industrial districts. +         (C)   Required off-street parking: 0.4 spaces for each fixed seat. If +no fixed seats, then 0.4 spaces for each seven square feet of seating area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (6)   College fraternity or sorority house. +         (A)   Definition: A facility for housing a social or service +organization of college students. +         (B)   Districts permitted: Multiple-family, O-1, O-2, commercial, and +central area districts; specific use permit required in single-family, duplex, +TH, agricultural, NO, LO, MO, GO, and industrial districts. +         (C)   Required off-street parking: One space for every two beds, plus +one space for each 100 square feet of floor area exclusive of sleeping area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 100,000 1 +100,000 to 300,000 2 +Each additional 200,000 or fraction thereof 1 additional +  +      (7)   College dormitory. +         (A)   Definition: A college residence hall providing sleeping rooms. +         (B)   Districts permitted: Multiple-family, O-1, O-2, commercial, and +central area districts; specific use permit required in single-family, duplex, +TH, NO, LO, MO, GO, agricultural, and industrial districts. +         (C)   Required off-street parking: One space for every two beds. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 100,000 1 +100,000 to 300,000 2 +Each additional 200,000 or fraction thereof 1 additional +  +      (8)   Library, art gallery, or museum. +         (A)   Definition: An establishment for the loan or display of books or +objects of art, science, or history. +         (B)   Districts permitted: Multiple-family, O-1, O-2, LO, MO, GO, +commercial, central area, and industrial districts; specific use permit +required in single-family, duplex, TH, NO, and agricultural districts. +         (C)   Required off-street parking: For a library, one space per 500 +square feet of floor area. For an art gallery or museum, one space per 600 +square feet of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use applies only to a library, art gallery, or museum +that is sponsored by a public or quasi-public agency and open and available to +the general public. (Ord, Nos. 16802; 17912; 18849; 20159; 20360; 21044; 24271; +27404; 28096; 28803) +SEC. 51-4.208.   RECREATION AND ENTERTAINMENT USES. +   Recreation and entertainment uses are subject to the following regulations: +      (1)   Public park or playground. +         (A)   Definition: Land planned, developed, or used for active or +passive recreational use by the public that is owned or operated by a public +agency for those purposes. +         (B)   Districts permitted: Residential districts; nonresidential +districts except O-1. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +      (2)   Game court center. +         (A)   Definition: A facility that contains a court for engaging in +tennis, handball, racquetball, or similar physical activities. +         (B)   Districts permitted: MO, GO, SC, GR, LC, HC, central area, and +industrial districts; specific use permit required in LO and agricultural +districts. +         (C)   Required off-street parking: Four spaces for each game court, +plus one space for each additional 200 square feet of floor area, not including +400 square feet if it is used for exercise or observation rooms and also not +including areas used for showers, steam, sauna, laundry, whirlpool, lockers, +and lavatory rooms. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use is limited to game courts with a maximum of four +participants. +      (3)   Private recreation club or area. +         (A)   Definition: An area providing private recreational facilities +such as playgrounds, parks, swimming pools, and playing fields. +         (B)   Districts permitted: GO, SC, GR, LC, HC, central area, and +industrial districts; specific use permit required in residential, O-1, O-2, +LO, NO, and NS districts. +         (C)   Required off-street parking: One space for each 100 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (4)   Public golf course. +         (A)   Definition: A golf course open to the public. +         (B)   Districts permitted: NO, LO, MO, GO, GR, LC, HC, central area, +and industrial districts; specific use permit required in residential +districts. +         (C)   Required off-street parking: Five spaces for each green. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (5)   Country club with private membership. +         (A)   Definition: A private recreational club containing a golf course +and a club house that is available only to the country club membership and +their guests. +         (B)   Districts permitted: GO, GR, LC, HC, central area, and +industrial districts; specific use permit required in LO, MO, and residential +districts. +         (C)   Required off-street parking: One space for each 150 square feet +of floor area plus five spaces for each golf course green. +         (D)   Required off-street loading: +            (i)   If the country club has a restaurant: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 5,000 NONE +5,000 to 25,000 1 +25,000 to 50,000 2 +Each additional 50,000 or fraction thereof 1 additional +  +            (ii)   If no restaurant: None. +         (E)   Additional provisions: +            (i)   This use may contain a private bar, dining room, a swimming +pool, and tennis courts and similar services and recreational facilities. +      (6)   Inside commercial amusement. +         (A)   Definition: A facility that offers entertainment or games of +skill to the general public for a fee and that is wholly enclosed in a +building, including but not limited to a bowling alley or billiard parlor. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts; specific use permit required in GO and agricultural +districts. +         (C)   Required off-street parking: One space for each 100 square feet +of floor area. No special exception may be granted to the parking requirements +for a dance hall. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 5,000 NONE +5,000 to 25,000 1 +25,000 to 50,000 2 +Each additional 50,000 or fraction thereof 1 additional +  +      (7)   Outside commercial amusement. +         (A)   Definition: A facility offering entertainment or games of skill +to the general public for a fee where any portion of the activity takes place +outside, including, but not limited to a golf driving range, archery range, or +miniature golf course. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts; specific use permit required in A, SC, and GR districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area plus one space for each 400 square feet of site area exclusive of +floor area and parking area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (8)   Theatre. +         (A)   Definition: A facility for showing motion pictures or theatrical +performances to an audience inside an enclosed structure. +         (B)   Districts permitted: Commercial, central area, and industrial +districts; specific use permit required in MF-3, MF-4, MO, and GO districts. +         (C)   Required off-street parking: One space for each four seats. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (9)   Drive-in theatre. +         (A)   Definition: A facility for showing motion pictures outdoors +where the audience views the motion picture from automobiles or while seated +outside. +         (B)   Districts permitted: HC, central area, and industrial districts; +specific use permit required in an agricultural district. +         (C)   Required off-street parking: A minimum of six parking spaces is +required. The number of stacking spaces must equal 10 percent of the theatre’s +stall capacity. +         (D)   Required off-street loading: None. +      (10)   Rodeo. +         (A)   Definition: A facility for public performances of rodeo events, +including, but not limited to bronco riding, calf roping, steer wrestling, and +Brahma bull riding. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts; specific use permit required in an agricultural district. +         (C)   Required off-street parking: One space for each three seats. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (11)   Fairgrounds. +         (A)   Definition: An outside area where a fair, circus, or exhibition +is held. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts; specific use permit required in an agricultural district. +         (C)   Required off-street parking: 25 spaces for each acre. +         (D)   Required off-street loading: None. +      (12)   Carnival or circus (temporary). +         (A)   Definition: A temporary traveling show or exhibition that has no +permanent structure or installation. +         (B)   Districts permitted: Special authorization by the building +official as approved in Resolution No. 65-1854. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +      (13)   Wax museum. +         (A)   Definition: A commercial enterprise that displays wax figures of +famous individuals and events for entertainment. +         (B)   District permitted: Commercial, central area, and industrial +districts; specific use permit required in O-2 and GO districts. +         (C)   Required off-street parking: One space for each 100 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +(Ord. Nos. 16802; 18849; 27183; 27404; 28803) +SEC. 51-4.209.   BAR AND RESTAURANT USES. +   Bar and restaurant uses are subject to the following regulations: +      (1)   Alcoholic beverage establishments. +         (A)   Definitions: +            (i)    BAR, LOUNGE, OR TAVERN means an establishment principally +for the sale and consumption of alcoholic beverages on the premises that +derives 75 percent or more of its gross revenue on a quarterly (three-month) +basis from the sale or service of alcoholic beverages, as defined in the Texas +Alcoholic Beverage Code, for on-premise consumption. +            (ii)   MICROBREWERY, MICRODISTILLERY, OR WINERY means an +establishment for the manufacture, blending, fermentation, processing, and +packaging of alcoholic beverages with a floor area of 10,000 square feet or +less that takes place wholly inside a building. A facility that only provides +tasting or retail sale of alcoholic beverages is not a microbrewery, +microdistillery, or winery use. +            (iii)   PRIVATE-CLUB BAR means an establishment holding a private +club permit under Chapter 32 or 33 of the Texas Alcoholic Beverage Code that +derives 35 percent or more of its gross revenue from the sale or service of +alcoholic beverages for on-premise consumption and that is located within a dry +area as defined in Title 6 (Local Option Elections) of the Texas Alcoholic +Beverage Code. PRIVATE-CLUB BAR does not include a fraternal or veterans +organization, as defined in the Texas Alcoholic Beverage Code, holding a +private club permit under Chapter 32 or 33 of the Texas Alcoholic Beverage +Code. PRIVATE-CLUB BAR does not include the holder of a food and beverage +certificate, as defined in the Texas Alcoholic Beverage Code. +         (B)   Districts permitted: +            (i)   Bar, lounge, or tavern and private club-bar. By SUP only in +SC, GR, LC, HC, central area, industrial, GO, MO, MF-3, and MF-4 districts. +            (ii)   Microbrewery, microdistillery, or winery. By right in +industrial districts with RAR required. By SUP only in SC, GR, LC, HC, and +central area districts. +         (C)   Required off-street parking: +            (i)    Bar, lounge, or tavern and private club-bar. +               (aa)   Except as otherwise provided, one space per 100 square +feet of floor area. +               (bb)   One space per 500 square feet of floor area used for the +manufacture of alcoholic beverages as an accessory use to the bar, lounge, or +tavern use. +            (ii)   Microbrewery, microdistillery, or winery. +               (aa)   Except as otherwise provided, one space per 600 square +feet of floor area. +               (bb)   One space per 1,000 square feet of floor area used for +storage. +               (cc)   One space per 100 square feet of floor area used for +retail sales and seating. +         (D)    Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 5,000 NONE +5,000 to 25,000 1 +25,000 to 50,000 2 +Each additional 50,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)    Bar, lounge, or tavern and private club-bar. +               (aa)   Food may be prepared and served under this use. +               (bb)   Music, entertainment, or facilities for dancing may be +provided under this use. +               (cc)   The person owning or operating the use shall, upon +request, supply the building official with any records needed to document the +percentage of gross revenue for the previous 12-month period derived from the +sale or service of alcoholic beverages for on-premise consumption. +               (dd)   Unless the person owning or operating the use supplies +the building official with records to prove otherwise, an establishment holding +a private club permit under Chapter 32 or 33 of the Texas Alcoholic Beverage +Code is presumed to derive 35 percent or more of its gross revenue from the +sale or service of alcoholic beverages for on-premise consumption. +            (ii)   Microbrewery, microdistillery, or winery. +               (aa)   Retail sales of alcoholic beverages and related items and +tastings or sampling are allowed in accordance with Texas Alcoholic Beverage +Commission regulations. +               (bb)   Except for loading, all activities must occur within a +building. +               (cc)   Silos and containers of spent grain are allowed as +outdoor storage. Containers of spent grain must be screened. All other outdoor +storage or repair is prohibited. +               (dd)   If an SUP is required, silos and outdoor storage areas +for spent grain must be shown on the site plan. +               (ee)   Drive-through facilities are prohibited. +               (ff)   This use is permitted as an accessory use if it is +customarily incidental to the main use and occupies no more than 40 percent of +the total floor area of the main use. +      (2)   Drive-in restaurant. +         (A)   Definition: +            (i)   An establishment principally for the sale and consumption of +food where food service is provided to customers in motor vehicles for +consumption on the premises. +            (ii)   An establishment principally for the sale and consumption of +food which has direct window service allowing customers in motor vehicles to +pick up food for off-premise consumption. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 50 square feet +of floor area; a minimum of 12 spaces is required. See additional provisions +[Subparagraph (E)] for off-street stacking requirements. See Section +51-4.304 for more information regarding off-street stacking spaces generally. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 5,000 NONE +5,000 to 25,000 1 +25,000 to 50,000 2 +Each additional 50,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The total number of stacking spaces required for this use is +as follows: +  +NO. OF DRIVE-THROUGH WINDOWS TOTAL NUMBER OF STACKING SPACES REQUIRED +1 6 +2 4 +Each additional drive-through window 4 additional +  +            (ii)   A remote order station, if any, must be set back at least 27 +feet from all streets that allow direct access to the station. +      (3)   Restaurant without drive-in service. +         (A)   Definition: An establishment for the sale and service of food to +customers on the premises, but not in automobiles. +         (B)   Districts permitted: +            (i)   In general: Commercial, central area, and industrial +districts; limited use in MF-3, MF-4, O-2, LO*, MO, and GO districts; *specific +use permit required for a limited use in LO districts if: +               (aa)   the LO district is contiguous to a residential district; +and +               (bb)   the limited use is open past 9 p.m. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: +            (i)   Except as otherwise provided, one space for each 100 square +feet of floor area. +            (ii)   One space per 500 square feet of floor area used for the +manufacture of alcoholic beverages as an accessory use to the restaurant +without drive-in or drive-through service use. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 5,000 NONE +5,000 to 25,000 1 +25,000 to 50,000 2 +Each additional 50,000 or fraction thereof 1 additional +  +      (4)   Reserved. +      (5)   Private club. +         (A)   Definition: An establishment for the association of a group of +people for common purpose, interest, or pleasure. +         (B)   Districts permitted: +            (i)   In general: SC, GR, HC, central area, and industrial +districts; limited use in MF-3, MF-4, O-2, LO*, MO, and GO districts; *specific +use permit required for a limited use in LO districts if: +               (aa)   the LO district is contiguous to a residential district; +and +               (bb)   the limited use is open past 9 p.m. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each guest room, plus +one space for each 100 square feet of floor area exclusive of guest rooms; a +minimum of 10 parking spaces is required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 5,000 NONE +5,000 to 25,000 1 +25,000 to 50,000 2 +Each additional 50,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Private club facilities must be available only to members and +their guests. +            (ii)   The private club may include a restaurant or bar, and tennis +courts, swimming pool, or similar recreational facilities. +            (iii)   An establishment that derives 75 percent or more of its +gross revenue on an annual basis from the sale of alcoholic beverages for on- +premise consumption may not be classified as a private club. +      (6)   Catering service. +         (A)   Definition: An establishment that serves and supplies food to be +consumed off premises. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 5,000 NONE +5,000 to 25,000 1 +25,000 to 50,000 2 +Each additional 50,000 or fraction thereof 1 additional +  +(Ord. Nos. 16802; 18849; 21735; 22204; 22531; 22995; 26160; 27404; 28700) +SEC. 51-4.210.   PROFESSIONAL, PERSONAL SERVICE, AND CUSTOM CRAFTS USES. +   Professional, personal service, and custom crafts uses are subject to the +following regulations: +      (1)   Office. +         (A)   Definition: A place for the regular transaction of business. +         (B)   Districts permitted: Office, commercial, central area, and +industrial districts. +         (C)   Required off-street parking: One space for each 333 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Retail sales, transfer of manufactured goods, or the storage +of commodities is not permitted under this use. +      (2)   Temporary construction or sales office. +         (A)   Definition: A residential structure or other facility +temporarily used as a construction office, a model home for display purposes, +or a sales office in a residential subdivision. +         (B)   Districts permitted: Residential and nonresidential districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A temporary construction or sales office must be located on a +platted lot within the subdivision or a site approved by the commission within +an area with an approved preliminary plat. +            (ii)   The building official shall issue a temporary certificate of +occupancy for a period of one year for a temporary construction or sales +office. The building official may grant up to four extensions of six months +each to the certificate of occupancy for a construction office if the builder +maintains active or continuous construction within the subdivision, and for a +sales office or model home for display purposes if a minimum of 10 lots in the +subdivision are unsold. +            (iii)   A temporary construction or sales office may not be located +in another subdivision or used for construction or sales in another +subdivision. +      (3)   Bank or savings and loan office, with or without drive-in window. +         (A)   Definition: A facility for the extension of credit and the +custody, loan, or exchange of money. A bank or savings and loan office, with or +without drive-in window includes regulated lenders licensed in accordance with +Chapter 342 of the Texas Finance Code, but does not include such lenders that +also offer services as a credit access business under Chapter 393 of the Texas +Finance Code. +         (B)   Districts permitted: Office, commercial, central area, and +industrial districts; when the bank or savings and loan has one or more drive- +in windows, then: +            (i)   it is not permitted in NO districts; and +            (ii)   a specific use permit is required in O-1, LO, and NS +districts. +         (C)   Required off-street parking: One space for each 333 square feet +of floor area. See additional provisions [Subparagraph (E)] for off-street +stacking requirements. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Stacking spaces. The following off-street stacking +requirements apply to this use (See Section +51-4.304 for more information regarding off-street stacking spaces generally): +               (aa)   The total number of stacking spaces required for teller +windows or stations is as follows: +  +NO. OF TELLER WINDOWS OR STATIONS TOTAL NUMBER OF STACKING SPACES REQUIRED +1 5 +2 10 +3 15 +4 18 +Each additional teller window or 3 additional +station +  +               (bb)   For purposes of Subparagraph (aa), the term “teller +window or station” means a location where customers in motor vehicles transact +business with an employee of the financial institution by deal drawer or +through the use of a pneumatic tube system or equivalent. +               (cc)   Each unmanned transaction station must have a minimum of +two stacking spaces. For purposes of this subparagraph, the term “unmanned +transaction station” means a location where customers in motor vehicles +transact business with a machine. +      (4)   Trade center. +         (A)   Definition: A facility for exhibitions, trade shows, and +conventions. +         (B)   Districts permitted: HC, central area, and industrial districts. +         (C)   Required off-street parking: One space for each 700 square feet +of floor area, exclusive of atriums, mechanical rooms, stairwells, and +hallways. +            (i)   Parking must be provided on the site area within 500 feet of +a public entrance to the trade center. However, parking may be located at a +distance greater than 500 feet if a satisfactory system of transportation +between the parking area is established and maintained by the owner of the use. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use must have a minimum floor area of 2,000,000 square +feet. +            (ii)   This use must have a site area of at least 100 acres. The +site area may be divided by streets other than a freeway. The area of the +dividing streets is not included in the computation of the site area. +            (iii)   No more than 40 percent of the floor area may be used for +retail sales. +      (5)   Barber and beauty shop. +         (A)   Definition: A facility licensed by the state where haircutting, +hairdressing, shaving, trimming beards, facials, manicures, or related services +are performed. +         (B)   Districts permitted: +            (i)   In general: commercial, central area, and industrial +districts; limited use in MF-3, MF-4, O-2, LO, MO, and GO districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (6)   Mortuary or funeral home. +         (A)   Definition: A facility in which dead bodies are prepared for +burial or cremation or funeral services are conducted. +         (B)   Districts permitted: GR, LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: +            (i)   One space for each 300 square feet of floor area other than +the chapel, plus one space for each two seats in the chapel. Up to 50 percent +of the required off-street parking for this use may be tandem spaces. +            (ii)   If all spaces provided are non-tandem, the off-street +parking requirement for this use is one space for each 500 feet of floor area +other than the chapel, plus one space for each two seats in the chapel. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (7)   Health studio. +         (A)   Definition: A facility operated to promote physical fitness or +weight control and where manipulated massage or exercises are practiced upon +the human body with or without the use of mechanical, therapeutic, or bathing +devices. +         (B)   Districts permitted: +            (i)   In general: SC, GR, LC, HC, central area, and industrial +districts; limited use in MF-3, MF-4, O-2, LO, MO, and GO districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 150 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use includes massage establishments and Turkish bath +houses. +            (ii)   This use does not include a facility operated under a +physician’s direction or where registered physical therapists treat only +patients recommended by a licensed physician. +      (8)   Custom cleaning shop. +         (A)   Definition: An establishment for the custom cleaning of +individual garments, fabrics, rugs, draperies, or other similar items. +         (B)   Districts permitted: Commercial, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (9)   Commercial cleaning shop. +         (A)   Definition: A plant for cleaning garments, fabrics, rugs, +draperies, or other similar items on a commercial or bulk basis. +         (B)   Districts permitted: LC, HC, central area, I-2, and I- +3 districts. +         (C)   Required off-street parking: One space for 300 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (10)   Self-service laundry or dry cleaning. +         (A)   Definition: A facility for washing or dry cleaning garments and +similar items where customers clean their own clothes. +         (B)   Districts permitted: Commercial, central area, and industrial +districts; limited use in MF-3 and MF-4 districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (11)   Commercial laundry or dry cleaning. +         (A)   Definition: A facility for laundering or dry cleaning garments +and similar items on a bulk basis. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (12)   Laundry or cleaning pickup and receiving station. +         (A)   Definition: A facility that receives and dispenses laundry and +dry cleaning that is processed in bulk by a commercial laundry or dry cleaning +shop located elsewhere. +         (B)   Districts permitted: O-2, GO, commercial, central area, and +industrial districts; limited use in MF-3, MF-4, O-1, NO, LO, and MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   In O-1 and NO districts, this use may not occupy more than +1,000 square feet of floor area. +      (13)   Key shop. +         (A)   Definition: A facility for the sale and duplication of keys. +         (B)   Districts permitted: +            (i)   In general: commercial, central area, and industrial +districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (14)   Shoe repair. +         (A)   Definition: A facility for the repair or reconditioning of +footwear, handbags, and other similar articles. +         (B)   Districts permitted: +            (i)   In general: commercial, central area, and industrial +districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (15)   Tailor, custom sewing, and millinery. +         (A)   Definition: A facility to alter, repair, custom make, and +fashion apparel and millinery. +         (B)   Districts permitted: +            (i)   In general: commercial, central area, and industrial +districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use does not include a factory for the production or +repair of apparel. +      (16)   Taxidermist. +         (A)   Definition: A facility for preparing, stuffing, and mounting the +skins of animals, birds, and fish. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 600 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (17)   Travel bureau. +         (A)   Definition: An agency engaging in the selling or arranging of +transportation, trips, or tours for individuals or groups. +         (B)   Districts permitted: +            (i)   In general: commercial, central area, and industrial +districts; limited use in O-2, LO, MO, and GO districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (18)   Broadcasting or recording studio. +         (A)   Definition: +            (i)   A broadcasting studio is a facility for broadcasting live or +prerecorded programs by radio or television. +            (ii)   A recording studio is a facility for recording on records, +tapes, video tapes, or other suitable recording media. +         (B)   Districts permitted: O-2, MO, GO, SC, GR, LC, HC, central area, +and industrial districts; limited use in LO districts. +         (C)   Required off-street parking: One space for each 300 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   A broadcasting or recording studio may perform activities +necessary for the recording, programming, and receiving of radio or television +signals. +            (ii)   A broadcasting or recording studio may not engage in the +mass production of records, video tapes, or other recorded media. +      (19)   Instructional arts studio. +         (A)   Definition: A facility for the instructing, coaching, or +counseling in art, music, ceramics, drama, speech, dance, or similar personal +skills or arts. +         (B)   Districts permitted: +            (i)   In general: O-2, GO, commercial, central area, and industrial +districts; specific use permit required in MO districts. +            (ii)   As a limited use: LO and MO districts (no SUP required). +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (20)   Handcrafted art work studio. +         (A)   Definition: A facility for individuals to create art objects +such as needlework, hand weaving, leather goods, jewelry, ceramics, sculptures, +or other works of art. +         (B)   Districts permitted: Commercial, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use does not include a factory for the production of art +products. +      (21)   Handcrafted bookbinding. +         (A)   Definition: A facility for custom hand binding of books and +similar documents. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (22)   Photography studio. +         (A)   Definition: A facility for taking and processing pictures. +         (B)   Districts permitted: +            (i)   In general: commercial, central area, and industrial +districts; limited use in O-2, LO, MO, and GO districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use does not include a bulk photography processing +plant. +      (23)   Safe deposit boxes. +         (A)   Definition: An establishment offering storage areas which may be +used for the keeping of personal items, including but not limited to jewelry, +silverware, valuable metals, and stones. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Each storage area must not exceed 10 cubic feet in size. +      (24)   Commercial wedding chapel. +         (A)   Definition: A facility, not associated with a church, where a +wedding is performed for a profit. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts. +         (C)   Required off-street parking: One space for each 300 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use may provide reception areas, but no alcoholic +beverages may be sold. +      (25)   Alternative financial establishment. +         (A)   Definitions: In this paragraph: +            (i)   ALTERNATIVE FINANCIAL ESTABLISHMENT means a car title loan +business or money services business. An alternative financial establishment +does not include state or federally chartered banks, community development +financial institutions, savings and loans, credit unions, or regulated lenders +licensed in accordance with Chapter 342 of the Texas Finance Code. If a +regulated lender licensed in accordance with Chapter 342 of the Texas Finance +Code also offers services as a credit access business under Chapter 393 of the +Texas Finance Code, that business is an alternative financial establishment. +            (ii)   CAR TITLE LOAN BUSINESS means an establishment that makes +small, short-term consumer loans secured by a title to a motor vehicle. +            (iii)   MONEY SERVICES BUSINESS means a business that provides or +assists a consumer in obtaining a payday cash advance, payroll advance, short- +term cash loan, short term cash advance, instant payday cash advance, short- +term money loan services, or similar services to individuals for a specified +fee. +         (B)   Districts permitted: By SUP only in all nonresidential districts +except the NO, NS, and P districts. +         (C)   Required off-street parking: One space per 333 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No alternative financial establishment may be located within +1,500 feet, measured from property line to property line, of any other +alternative financial establishment. +            (ii)   No alternative financial establishment may be located within +300 feet, measured from property line to property line, from a lot in a +residential district. +            (iii)   An alternative financial establishment may only be a main +use that requires a specific use permit and a certificate of occupancy. An +alternative financial establishment may not be an accessory use within the +meaning of Section 51A-4.217. (Ord. Nos. 16802; 16872; 17092; 18849; 19061; +19928; 22995; 24439; 27404; 28214; 28803; 29589) +SEC. 51-4.211.   RETAIL USES. +      (1)   Retail stores other than listed. +         (A)   Definition: Any use not listed in this chapter that offers +consumer goods for inside retail sale. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   See Section +51-4.605 for design standards applicable to uses of 100,000 square feet or +more. +      (2)   Antique shop. +         (A)   Definition: An establishment for the retail sale of articles +such as glass, china, furniture, or similar furnishings and decorations that +have value and significance as a result of age, design, or sentiment. +         (B)   Districts permitted: +            (i)   In general: SC, GR, LC, HC, central area, and industrial +districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Accessory open storage is permitted under this use only in a +district where open storage is permitted as a main use. +            (ii)   The accessory outside sale and display of furniture is +permitted if the furniture is: +               (aa)   customarily used outside; and +               (bb)   made of a material that is resistant to damage or +deterioration from exposure to the outside environment. +            (iii)   The accessory outside sale and display of furniture, other +than the furniture described in Section +51-4.211(2)(E)(ii), is permitted only on Saturday and Sunday. +      (3)   Retail food store. +         (A)   Definition: An establishment for the display and retail sale of +foods and associated items. +         (B)   Districts permitted: +            (i)   In general: commercial, central area, and industrial +districts; limited use in MF-3 and MF-4 districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +       ��    (i)   See Section +51-4.605 for design standards applicable to uses of 100,000 square feet or +more. +      (4)   Bakery or confectionery shop. +         (A)   Definition: A facility for preparing, cooking, baking, and the +retail sale of candy, baked goods, or other sweets. +         (B)   Districts permitted: +            (i)   In general: commercial, central area, and industrial +districts; limited use in LO, MO, and GO districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Under this use, all goods baked or cooked on the premises +must be retailed on the same premises. +      (5)   Book and stationery store. +         (A)   Definition: A facility for the retail sale of books, pamphlets, +papers, pens, ink, and associated items. +         (B)   Districts permitted: +            (i)   In general: commercial, central area, and industrial +districts; limited use in MF-3, MF-4, LO, MO, and GO districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (6)   Camera shop. +         (A)   Definition: A facility for the retail sale of cameras, film, +photographic paper, auxiliary lenses, photofinishing, photofinishing material, +projection equipment, and other photography-related items. +         (B)   Districts permitted: +            (i)   In general: commercial, central area, and industrial +districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (7)   Cigar, tobacco, and candy store. +         (A)   Definition: A facility for the retail sale of cigars, +cigarettes, pipe tobacco, candies, and other related items. +         (B)   Districts permitted: +            (i)   In general: commercial, central area, and industrial +districts; limited use in MF-3, MF-4, O-2, LO, MO, and GO districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (8)   Clothing store. +         (A)   Definition: A facility for the retail sale of apparel. +         (B)   Districts permitted: +            (i)   In general: commercial, central area, and industrial +districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (9)   Drug store. +         (A)   Definition: A facility for the preparing, preserving, +compounding, and the retail sale of drugs and medicines. +         (B)   Districts permitted: +            (i)   In general: commercial, central area, and industrial +districts; limited use in MF-3, MF-4, O-2, LO, MO, and GO districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use may include the display and sale of other +merchandise such as cosmetics, notions, fountain sodas, nonalcoholic beverages, +and other similar items. +      (10)   Liquor store. +         (A)   Definition: An establishment principally for the retail sale of +alcoholic beverages, as defined in the Texas Alcoholic Beverage Code, for off- +premise consumption. +         (B)   Districts permitted: Commercial, central area, industrial, GO, +MO, MF-3, and MF-4 districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: If a use has drive-in or drive-through +service and has less than 10,000 square feet of floor area, the use shall be +classified as a convenience store with drive-through under Paragraph (23). +      (11)   Florist store. +         (A)   Definition: A facility for the retail sale of cut or uncut +flowers and ornamental plants and associated items. +         (B)   Districts permitted: +            (i)   In general: commercial, central area, and industrial +districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (12)   Feed store. +         (A)   Definition: A facility for the retail sale of grain, prepared +feed, and forage for pets, livestock, and fowl. +         (B)   Districts permitted: GR, LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The grinding, mixing, or commercial compounding of livestock +feed is not permitted under this use. +      (13)   Pet shop. +         (A)   Definition: A facility for the display and retail sale of small +animals, fish, and birds as pets. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use does not include commercial boarding or medical +treatment of any animal, fish, or bird. +      (14)   Furniture store. +         (A)   Definition: A facility for the display and retail sale of new +furniture and appliances. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area open to the public. One space for each 1,000 square feet of floor +area for storage or warehouse areas not open to the public. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   See Section +51-4.605 for design standards applicable to uses of 100,000 square feet or +more. +            (ii)   The accessory outside sale and display of furniture is +permitted if the furniture is: +               (aa)   customarily used outside; and +               (bb)   made of a material that is resistant to damage or +deterioration from exposure to the outside environment. +            (iii)   The accessory outside sale and display of furniture, other +than the furniture described in Section +51-4.211(14)(E)(ii), is permitted only on Saturday and Sunday. +      (15)   Second hand store. +         (A)   Definition: A facility for the retail sale of used merchandise. +         (B)   Districts permitted: SC, GR, LC, HC, central area, I-2, and I- +3 districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Accessory open storage is permitted under this use only in a +district where open storage is permitted as a main use. +            (ii)   The accessory outside sale and display of furniture is +permitted if the furniture is: +               (aa)   customarily used outside; and +               (bb)   made of a material that is resistant to damage or +deterioration from exposure to the outside environment. +            (iii)   The accessory outside sale and display of furniture, other +than the furniture described in Section +51-4.211(15)(E)(ii), is permitted only on Saturday and Sunday. +      (16)   Pawn shop. +         (A)   Definition: A facility for loaning money on the security of +personal property and the sale of unclaimed property. +         (B)   Districts permitted: SC, GR, LC, HC, I-2, and I-3 districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No outside display or open storage is permitted under this +use unless the use is in a district where open storage is permitted as a main +use. +   (ii)   A pawnshop legally operating as a permitted use or a nonconforming +use on March 1, 1989, is entitled to relocate to another site in the same +zoning district or classification in which it is located on March 1, 1989, +provided the relocation is completed before the first anniversary of the date +that the pawnshop ceased doing business at the previous location. +      (17)   Hardware or sporting goods store. +         (A)   Definition: +            (i)   A hardware store is a facility for the retail sale of items +such as cutlery, tools, utensils, screws, nails, and similar items. +            (ii)   A sporting goods store is a facility for the retail sale of +athletic equipment, clothing, and other sports related items. +         (B)   Districts permitted: Commercial, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (18)   Home improvement center. +         (A)   Definition: A facility for the retail sale of home, lawn, and +garden supplies. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts. +         (C)   Required off-street parking: One space for each 275 square feet +of retail floor area, plus one space for each 1,000 square feet of site area +exclusive of parking area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   See Section +51-4.605 for design standards applicable to uses of 100,000 square feet or +more. +            (ii)   In all districts where this use is permitted, accessory +outside sales, display of merchandise, or storage may occupy up to 25 percent +of the lot. +      (19)   Hobby and art supplies store. +         (A)   Definition: A facility for the retail sale of model kits, art +equipment and materials, and similar art and hobby supplies. +         (B)   Districts permitted: +            (i)   In general: Commercial, central area, and industrial +districts. +            (ii)   As a retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (20)   Paint and wallpaper store. +         (A)   Definition: A facility for the retail sale of paints, painting +equipment, and wallpaper. +         (B)   Districts permitted: Commercial, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (21)   Swimming pool sales and supply. +         (A)   Definition: A facility for the display, retail sale, and service +of swimming pools and related supplies. +         (B)   Districts permitted: GR, LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area, plus one space for each 1,000 square feet of outside sales area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (22)   Outside sales. +         (A)   Definition: A site for the outside retail sale of general +merchandise or food. +         (B)   Districts permitted: Central area districts; specific use permit +required in industrial districts. +         (C)   Required off-street parking: One space for each 200 square feet +of sales area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Except as otherwise provided in this article, outside sales +is considered to be a separate main use if it occupies more than five percent +of the lot. Outside sales on less than five percent of the lot may qualify as +an accessory use if it is customarily incidental to a main use. See Section +51-4.217. +      (23)   Convenience store with drive-through. +         (A)   Definition: A business that is primarily engaged in the retail +sale of convenience goods, or both convenience goods and gasoline, that has +drive-in or drive-through service and has less than 10,000 square feet of floor +area. For purposes of this definition, CONVENIENCE GOODS means food, beverage, +household, personal care, and pharmaceutical items. A gasoline pump is not +considered a drive-in or drive-through service. +         (B)   Districts permitted: Specific use permit required in SC, GR, LC, +HC, and industrial districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A minimum of two stacking spaces must be provided. See +Section +51-4.304 for more information regarding off-street stacking spaces generally. +            (ii)   The accessory outside sale and display of furniture is +permitted if the furniture is: +               (aa)   customarily used outside; and +               (bb)   made of a material that is resistant to damage or +deterioration from exposure to the outside environment. +            (iii)   The accessory outside sale and display of furniture, other +than the furniture described in Section +51-4.211(23)(E)(ii), is permitted only on Saturday and Sunday. +            (iv)   This use must comply with Chapter 12B, “Convenience Stores,” +of the Dallas City Code. +      (23)   Paraphernalia shop. +         (A)   Definition: An establishment that displays or offers for sale +any “illegal smoking paraphernalia” as that term is defined in Chapter 31 of +the Dallas City Code or any other smoking paraphernalia that is commonly used, +or commonly known to be used, for the inhalation of tobacco or illegal +substances. For purposes of this definition, rolling papers, tobacco +cigarettes, and tobacco cigars are not considered paraphernalia. +         (B)   Districts permitted: By SUP only in SC, GR, LC, HC, I-1, I-2, +and I-3. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: One space. +         (E)   Additional provisions: +            (i)   A paraphernalia shop may not be located within 1,500 feet, +measured from property line to property line, of any other paraphernalia shop. +            (ii)   A paraphernalia shop may not be located within 1,000 feet, +measured from property line to property line, of a lot in a residential +district. +            (iii)   A paraphernalia shop may not be located within 1,000 feet, +measured from property line to property line, of a lot with a school. +            (iv)   A paraphernalia shop may not be located within 1,000 feet, +measured from property line to property line, of a lot with a child-care +facility. +            (v)   A paraphernalia shop may not be located within 1,000 feet, +measured from property line to property line, of a lot with a college, +university, or seminary. +            (vi)   A paraphernalia shop may not be located within 1,000 feet, +measured from property line to property line, of a lot with a church. +            (vii)   A paraphernalia shop may not have a drive-in or drive- +through or walk-up window. +            (viii)   The outside sale, display, or storage of products is +prohibited. +            (ix)   A paraphernalia shop may only be a main use that requires a +certificate of occupancy. A paraphernalia shop may not be an accessory use +within the meaning of Section +51-4.217. (Ord. Nos. 16802; 18849; 19581; 20242; 21735; 22204; 25785; 26746; +27404; 28079; 28803; 30477) +SEC. 51-4.212.   MOTOR VEHICLE RELATED USES. +      (1)   Automobile or motorcycle display, sales, and service (inside +display). +         (A)   Definitions: A facility for the display, service, and retail +sale of new or used automobiles, motorcycles, motor scooters, recreational +vehicles, and trailers. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 200 square feet +of site area; a minimum of four spaces required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No outside display or open storage is permitted under this +use unless the use is in a district where open storage is permitted as a main +use. +      (2)   Automobile or motorcycle display, sales, and service (outside +display). +         (A)   Definition: A facility for the display, service, and retail sale +of new or used automobiles, motorcycles, motor scooters, recreational vehicles, +and trailers, with outside display permitted. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 500 square feet +of site area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 100,000 1 +100,000 to 300,000 2 +Each additional 200,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Outside display and open storage of new or used vehicles for +sale are permitted under this use without visual screening. +            (ii)   New or used vehicles for sale may be displayed or stored in +the required front yard under this use. The weight of each vehicle displayed +under this provision may not exceed 6,000 pounds. +      (3)   Auto auction. +     ��   (A)   Definition: A facility for the sale of automobiles to the +highest bidder. +         (B)   Districts permitted: Specific use permit required in HC, central +area, and industrial districts. +         (C)   Required off-street parking: One space for each 500 square feet +of site area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (4)   Auto glass, muffler, or seat cover shop. +         (A)   Definition: A facility for the retail sale, installation, or +replacement of auto glass, mufflers, or set covers. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts. +         (C)   Required off-street parking: +            (i)   One space for each 200 square feet of retail floor area; plus +one space for each 500 square feet of service floor area; a minimum of two +spaces required. +            (ii)   Parking spaces that are used to repair motor vehicles and +located in a structure are not counted in determining the required parking. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (5)   Auto parts sales (inside only). +         (A)   Definition: A facility for the retail sale of auto parts, tools, +and related items. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts. +         (C)   Required off-street parking: One space for each 200 square feet +of sales floor area plus one space for each 500 square feet of storage floor +area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No outside display or open storage is permitted under this +use unless the use is in a district where open storage is permitted as a main +use. +      (6)   Auto parts sales (outside display). +         (A)   Definition: A facility for the retail sale of auto parts, tools, +and related items with outside display permitted. +         (B)   Districts permitted: Specific use permit required in HC and +industrial districts. +         (C)   Required off-street parking: One space for each 500 square feet +of site area exclusive of building; minimum of four spaces required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No open storage is permitted under this use unless the use is +in a district where open storage is permitted as a main use. +      (7)   Auto repair garage (inside). +         (A)   Definition: A facility for the repair of motor vehicles. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts. +         (C)   Required off-street parking: +            (i)   One space for each 500 square feet of floor area; a minimum +of five spaces required. +            (ii)   Parking spaces that are used to repair motor vehicles and +located in a structure are not counted in satisfying the required parking. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No outside display or open storage is permitted under this +use unless the use is in a district where open storage is permitted as a main +use. +      (8)   Auto repair garage (outside). +         (A)   Definition: A facility for the repair of motor vehicles with +outside repair or display permitted. +         (B)   Districts permitted: HC, central area, and industrial districts. +         (C)   Required off-street parking: +            (i)   One space for each 500 square feet of site area; a minimum of +five spaces required. +            (ii)   Parking spaces that are used to repair motor vehicles and +located in a structure are not counted in determining the required parking. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No open storage is permitted under this use unless the use is +in a district where open storage is permitted as a main use. +      (9)   Auto painting or body rebuilding shop (inside). +         (A)   Definition: A facility for restoring, painting, or refinishing +auto bodies. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: +            (i)   One space for each 500 square feet of floor area; a minimum +of five spaces required. +            (ii)   Parking spaces that are used to repair motor vehicles and +located in a structure are not counted in determining the required parking. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No outside display or open storage is permitted under this +use unless the use is in a district where open storage is permitted as a main +use. +      (10)   Auto painting or body rebuilding shop (outside). +         (A)   Definition: A facility for restoring, painting, or refinishing +auto bodies, with outside display and repair permitted. +         (B)   Districts permitted: HC, central area, and industrial districts. +         (C)   Required off-street parking: +            (i)   One space for each 500 square feet of site area; a minimum of +five spaces required. +            (ii)   Parking spaces that are used to repair motor vehicles and +located in a structure are not counted in determining the required parking. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (11)   Car wash. +         (A)   Definition: A facility for the washing or steam cleaning of +passenger vehicles. A car wash may be: +            (i)   a single unit type which has a single bay or a group of +single bays with each bay to accommodate one vehicle only; or +            (ii)   a tunnel unit type which allows washing of multiple vehicles +in a tandem arrangement while moving through the structure. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts. +         (C)   Required off-street parking: Single-unit type car washes: none. +Tunnel-type car washes: three spaces required. See the additional provisions +[Subparagraph (E)] for off-street stacking requirements. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Required off-street stacking: Three stacking spaces for each +bay in a single unit car wash; 25 spaces for each tunnel unit car wash. +            (ii)   Spaces used to wash motor vehicles and located in a +structure are not counted in determining the required stacking. +      (12)   Steam cleaning of vehicles and machinery. +         (A)   Definition: A facility for steam cleaning of vehicles and their +parts or other items of machinery. +         (B)   Districts permitted: HC, central area, and industrial districts. +         (C)   Required off-street parking: +            (i)   Two stack spaces for each single unit area, plus two +additional spaces. +            (ii)   Parking spaces that are used to repair motor vehicles and +located in a structure are not counted in determining the required parking. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (13)   Service station. +         (A)   Definition: A facility for the retail sale of motor vehicle +fuel, lubricating oils, and parts for use in motor vehicles. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts; limited use in O-2, LO, MO, and GO districts; specific +use permit required in an NS district. +         (C)   Required off-street parking: +            (i)   One space for each 500 square feet of floor area; minimum of +four spaces required. +            (ii)   Parking spaces that are used to repair motor vehicles and +located in a structure are not counted in determining the required parking. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Limited use regulations: +            (i)   This use is subject to the following limited use regulations +instead of the regulations contained in Section +51-4.218. +            (ii)   The service station use as a limited use must be secondary +to a main use, and may be available only to the owner and tenant of the main +building and not available to the general public. +            (iii)   The dispensing of motor vehicle fuel must be limited to one +pump for each main building. +            (iv)   The motor vehicle fuel pump and any sign relating to this +use must not be visible from the public street. No sign may be erected +indicating the availability of gasoline. +            (v)   All storage tanks for motor vehicle fuel must be located +underground. +         (F)   Additional provisions: +            (i)   A gasoline service station pump island or station canopies +may be located 18 feet or more from a property line. +            (ii)   The rental of trailers that can be pulled by passenger +automobiles is permitted as an accessory use. +            (iii)   A gasoline pump island must be constructed in a manner that +allows vehicular access adjacent to the gasoline pump island without +interference with or obstruction to off-street parking. Determination of the +proper placement of gasoline pump islands must be based on the dimensions in +the City of Dallas manual, “Layout and Design Standards for Parking Lots,” +which is expressly adopted as part of this subsection. A person shall obtain +approval from the director for the placement of a gasoline pump island before +the building official may issue a building permit for the construction. +         (iv)   Except for compression cylinder tanks used in connection with +compressed natural gas fueling facilities, all storage tanks for motor vehicle +fuel must be located underground. +   (v)   Compression cylinder tanks used in connection with compressed natural +gas fueling facilities must be screened from adjacent streets, alleys, and +residential uses. +      (14)   Engine or motor repair shop. +         (A)   Definition: A facility for the disassembly, rebuilding, and +repair of motor vehicle engines, electrical motors, vehicle transmissions, or +other major machinery components. +         (B)   Districts permitted: HC, central area, and industrial districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area; a minimum of four spaces required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   General vehicle repair is not a part of this use. +            (ii)   No outside display or open storage is permitted under this +use unless the use is in a district where open storage is permitted as a main +use. +      (15)   Bus or truck repair/parking garage. +         (A)   Definition: A facility in which currently licensed buses or +trucks are stored or repaired. +         (B)   Districts permitted: HC, central area, and industrial districts. +         (C)   Required off-street parking: +            (i)   One space for each 500 square feet of floor area of repair +garage with a minimum of five spaces required; no parking required for a +parking garage. +            (ii)   Parking spaces that are used to repair motor vehicles and +located in a structure are not counted in determining the required parking. +         (D)   Required off-street loading: None. +      (16)   Drag strip, go-cart track, or commercial racing. +         (A)   Definition: A facility for motor vehicle races, including closed +course, straightaway, or acceleration runs. +         (B)   Districts permitted: HC, central area, and industrial districts; +specific use permit required in an agricultural district. +         (C)   Required off-street parking: One space for each two grandstand +seats; a minimum of 20 spaces required. +         (D)   Required off-street loading. None. +      (17)   Surface parking. +         (A)   Definition: A passenger vehicle parking facility. +         (B)   Districts permitted: Parking district. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   All parking must be at grade level. +            (ii)   A commercial parking lot or garage is not permitted under +this use. +            (iii)   No structure is permitted under this use except signs and +required screening. +            (iv)   The owner of surface parking must maintain a minimum front +yard of 10 feet when the surface parking is contiguous to a residential +district, as defined both in this chapter and in Chapter 51A. +      (18)   Commercial parking lot or garage. +         (A)   Definition: A vehicle parking facility that is operated as a +business enterprise by charging a fee for parking. +         (B)   Districts permitted: GR, LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: None; however, if this use is in +the central business district, off-street stack spaces or passenger unloading +zones may need to be provided. For more information regarding off-street +parking in the central business district, see Section +51-4.306. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   The parking of vehicles that weigh more than 6,000 pounds or +that have a manufacturer’s rated seating capacity of more than 15 persons is +prohibited under this use in all areas of the city except the central business +district. +            (ii)   This use must comply with the off-street parking regulations +in Division 51-4.300 et seq. (Ord. Nos. 18268; 18849; 19063; 19455; 20237; +20272; 27404; 28073; 28737; 28803) +SEC. 51-4.213.   COMMERCIAL USES. +   Commercial uses are subject to the following regulations: +      (1)   Appliance fix-it shop. +         (A)   Definition: A facility for the repair of household and home +equipment such as radios, televisions, electrical appliances, lawn mowers, +tools, and similar items. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts; specific use permit required in a NS district. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No outside display or open storage is permitted under this +use unless the use is in a district where open storage is permitted as a main +use. +      (2)   Custom furniture construction, repair, or upholstery shop. +         (A)   Definition: A facility for making, repairing, or reupholstering +furniture on a single item basis. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area; a minimum of two spaces is required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Specialized equipment for custom making, repairing, and +reupholstering furniture is permitted under this use. +      (3)   Building repair and maintenance shop. +         (A)   Definition: A facility providing general building repair and +maintenance service. +         (B)   Districts permitted: GR, LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 300 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No outside display or open storage is permitted under this +use unless the use is in a district where open storage is permitted as a main +use. +      (4)   Plumbing, electrical, air conditioning, and heating shops. +         (A)   Definition: A facility providing supplies, repair, and +installation of plumbing, electrical, air conditioning, and heating equipment. +         (B)   Districts permitted: GR, LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 300 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No open storage is permitted under this use unless the use is +in a district where open storage is permitted as a main use. +      (5)   Lumber, brick, or building materials sales yard. +         (A)   Definition: A facility where brick, lumber, and other similar +building materials are sold and stored. +         (B)   Districts permitted: HC, central area, and industrial districts. +         (C)   Required off-street parking: One space for each 200 square feet +of retail floor area, plus one space for each 1,000 square feet of site area +exclusive of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No open storage is permitted under this use unless the use is +in a district where open storage is permitted as a main use. +            (ii)   In all districts where this use is permitted, accessory +outside sales and display of merchandise may occupy up to 100 percent of the +lot. +      (6)   Machinery sales and services. +         (A)   Definition: A facility for selling, servicing, and repairing +machinery. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 300 square feet +of floor area, or one space for each 1,000 square feet of site area including +the floor area, whichever is greater. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No outside welding is permitted under this use. +            (ii)   No open storage is permitted under this use unless the use +is in a district where open storage is permitted as a main use. +      (7)   Machine or welding shop. +         (A)   Definition: A facility in which material is processed by +machining, cutting, grinding, welding, or similar processes. +         (B)   Districts permitted: HC, central area, and industrial districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No open storage is permitted under this use unless the use is +in a district where open storage is permitted as a main use. +      (8)   Tool and equipment rental (inside display only). +         (A)   Definition: A facility for renting tools and equipment with no +outside display. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No outside display or open storage is permitted under this +use unless the use is in a district where open storage is permitted as a main +use. +      (9)   Tool and equipment rental (with outside display). +         (A)   Definition: A facility for renting tools and equipment with +outside display permitted. +         (B)   Districts permitted: HC, central area, and industrial districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area, plus one space for each 1,000 square feet of site area exclusive +of buildings. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No open storage is permitted under this use unless the use is +in a district where open storage is permitted as a main use. +      (10)   Petroleum products storage and wholesale. +         (A)   Definition: A facility for the storage and sale of petroleum +products. +         (B)   Districts permitted: HC and industrial districts. +         (C)   Required off-street parking: One space for each 2,000 square +feet of site area; a minimum of four spaces required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No open storage is permitted under this use unless the use is +in a district where open storage is permitted as a main use. +            (ii)   In the I-2 and I-3 districts, petroleum products storage and +wholesale must be visually screened on any side that is within 200 feet of and +visible from a thoroughfare or an adjacent property that is not zoned an I-2 or +I-3 district. For purposes of this paragraph, adjacent means across the street +or sharing a common lot line. +      (11)   Monument sales yard. +         (A)   Definition: A facility for stocking and selling memorial stones +and gravestones. +         (B)   Districts permitted: LC, HC, CA-2, I-2, and I-3 districts. +         (C)   Required off-street parking: One space for each 200 square feet +of retail floor area, plus one space for each 1,000 square feet of site area, +exclusive of buildings. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No open storage is permitted under this use unless the use is +in a district where open storage is permitted as a main use. +      (12)   Mining. +         (A)   Definition: The extraction, removal, or stockpiling of earth +materials, including soil, sand, gravel, oil, or other materials found in the +earth. The excavation of earth materials for ponds or lakes, including +excavations for fish farming ponds and recreational lakes, are considered +mining unless otherwise expressly authorized by another provision of this code. +The following are not considered mining: +            (i)   The extraction, removal, or stockpiling of earth materials +incidental to an approved plat or excavation permit, incidental to construction +with a building permit, or for governmental or utility construction projects +such as streets, alleys, drainage, gas, electrical, water, and telephone +facilities and similar projects. +            (ii)   The extraction, removal, or stockpiling of earth materials +incidental to construction of landscaping, retaining walls, fences, and similar +activities consistent with the land use allowed at the site of removal. +            (iii)   Gas drilling and production. See 51-4.213(19). +         (B)   Districts permitted: Specific use permit required in MH, A, O-2, +commercial, central area, and industrial districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The applicant shall submit a site plan of existing +conditions, operations plan, reclamation plan, and the proposed bond to the +director for review and recommendation. +            (ii)   If a specific use permit is granted, the city shall inspect +and monitor the mining and reclamation operation at least once annually. +            (iii)   A specific use permit may not be issued for mining on city +park land. +         (F)   Site plan of existing conditions: The applicant shall submit a +site plan of existing conditions that includes: +            (i)   a site location map on a small scale showing major +circulation routes and other landmarks which would aid in the location of the +site; +            (ii)   contours shown at no greater than five-foot intervals; +            (iii)   connection to roads outside the site; +            (iv)   location, identification, and dimensions of all public and +private easements; +            (v)   location of flood plain, water bodies, natural and man-made +channels (wet and dry), and subsurface channels; +            (vi)   tree and other vegetation groupings, rock outcroppings, and +other significant natural features; +            (vii)   location and depth of any known former or current mines or +landfills in or within 500 feet of the boundaries of the excavation and an +indication of the type of fill used; +            (viii)   analyzed core samples if the city determines that +contaminants may be present; and +            (ix)   any other information the director determines is reasonably +necessary for a complete review of the proposed operations. +         (G)   Operations plan: The applicant shall submit an operations plan +that includes: +            (i)   storage of reclamation topsoil and methods of disposing of +all material not to be sold or reclaimed; +            (ii)   hours of operation; +            (iii)   location and depth of excavation; +            (iv)   drainage and erosion control measures; +            (v)   method for the disposal of contaminants, if present; +            (vi)   roads to be used for transportation of stone, sand, or +gravel; +            (vii)   fences or any other barriers necessary for safety; +            (viii)   noise and dust control measures; +            (ix)   the length of time necessary to complete the mining and +reclamation of the site; and +            (x)   any other information the director determines is reasonably +necessary for a complete review of the proposed operations. +         (H)   Reclamation plan: The applicant shall submit a reclamation plan +that is verified by a registered surveyor. The reclamation plan must show the +reclamation of the entire site upon completion of operation and phases of +reclamation to be completed at no greater than five-year intervals. The +reclamation plan must include the following information: +            (i)   contours shown at no greater than five-foot intervals with +slopes not steeper than a three-to-one (horizontal to vertical) ratio; +            (ii)   circulation routes, including roadways, any internal +circulation, rights-of-way, and connections to roads outside the site; +            (iii)   location, identification, and dimensions of all public and +private easements; +            (iv)   location of flood plain, water bodies, natural and man-made +channels (wet and dry), subsurface dams, dikes, or channels; +            (v)   location of any areas to be filled with water including a +description of the source of the water, the means of water retention, and the +prevention of stagnation and pollution; +            (vi)   location and type of vegetation; +            (vii)   structures (including height), utilities, and proposed land +uses, if any; +            (viii)   the amount of the performance bond that will be posted in +accordance with Subparagraph (I) below; and +            (ix)   any other information the director determines is reasonably +necessary for a complete review of the proposed operation. +         (I)   Performance bond: +            (i)   The applicant shall post a performance bond with the city +controller before passage of the ordinance granting the specific use permit. +The performance bond must be approved as to form by the city attorney. +            (ii)   The bond must be twice the estimated cost to the city of +restoring the premises in a manner shown on the reclamation plan. The amount of +the bond shall be determined by the director on the basis of relevant factors +including expected changes in the price index, topography of the site, project +methods being employed, depth and composition of overburden, and data provided +in the reclamation plan. +            (iii)   The bond must be issued by a surety company licensed to do +business in Texas. The applicant may deposit cash, certificates of deposit, or +government securities in lieu of a bond. Interest received on deposits and +securities must be returned to the applicant upon the approval of reclamation +of the site. +            (iv)   The director shall conduct a final inspection to determine +whether the site has been reclaimed in accordance with the specific use permit. +Final inspection must be made not more than two years after the expiration of +the specific use permit. A registered surveyor provided by the applicant shall +verify the final topography of the site. +            (v)   The director shall report to the city council on the +completion of the project. The city council shall determine by resolution +whether the reclamation has been completed in accordance with the specific use +permit and whether the performance bond should be released. +            (vi)   The city controller shall release the bond or deposit if the +city council finds that the applicant has completed reclamation of the site in +accordance with the specific use permit. If the site is not restored in +accordance with the reclamation plan, the director shall use the bond or +deposit to restore the site in accordance with the plan. +      (13)   Sand, gravel, or earth sales and storage. +         (A)   Definition: A facility for storing and selling sand, gravel, and +earth. +         (B)   Districts permitted: I-3 districts; specific use permit required +in A, HC, and I-2 districts. +         (C)   Required off-street parking: A minimum of five spaces. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No mining is permitted under this use. +            (ii)   In all districts, where this use is permitted, accessory +outside sales, display of merchandise, or storage may occupy up to 100 percent +of the lot. +            (iii)   In the I-2 and I-3 districts, sand, gravel, or earth sales +and storage must be visually screened on any side that is within 200 feet of +and visible from a thoroughfare or an adjacent property that is not zoned an I- +2 or I-3 district. For purposes of this paragraph, adjacent means across the +street or sharing a common lot line. +      (14)   Job printing, lithographer, printing, or blueprinting plant. +         (A)   Definition: A facility for the commercial reproduction of +written material or drawings on a bulk basis using lithography, offset +printing, blueprinting, and similar methods. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (15)   Duplication shop. +         (A)   Definition: A facility for the reproduction on standard or legal +sized paper of material by office type photocopiers. +         (B)   Districts permitted: +            (i)   In general: Commercial, central area, and industrial +districts; limited use in O-2, LO, MO, and GO districts. +            (ii)   A retail-related use: GO districts; specific use permit +required in MO districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (16)   Custom print shop. +         (A)   Definition: A facility which performs custom printing. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts; specific use permit required in a GR district. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No more than two printing presses with a maximum weight of +1,000 pounds each are permitted under this use. +            (ii)   The floor area for the printing presses may not exceed 400 +square feet. +            (iii)   The noise level under this use may not exceed 63 decibels +as measured at the exterior walls of the print shop. +      (17)   Gummed label printing. +         (A)   Definition: A facility for the cutting, printing, and binding of +labels made from gummed paper. +         (B)   Districts permitted: GR, LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (18)   Venetian blind or window shade repair, assembly, and sales. +         (A)   Definition: A facility for the repair, assembly, or sale of +Venetian blinds and window shades. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 300 square feet +of floor area. +         (D)   Required off-loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (19)   Gas drilling and production. +         (A)   Definitions: +            (i)   BOUNDARY means the perimeter of the operation site. OPERATION +SITE means the area identified in the SUP to be used for drilling, production, +and all associated operational activities after gas drilling is complete. +            (ii)   ENVIRONMENTALLY SIGNIFICANT AREA means an area: +               (aa)   with slopes greater than three to one; +               (bb)   containing endangered species of either flora or fauna; +               (cc)   that is geologically similar to the Escarpment Zone, as +defined in Division 51A-5.200, “Escarpment Regulations,” of Article V, “Flood +Plain and Escarpment Zone Regulations;” +               (dd)   identified as wetlands or wildlife habitat; +               (ee)   determined to be an archeological or historical site; or +               (ff)   containing more than 1,000 inches of trunk diameter of +protected trees, in the aggregate, within a 10,000 square foot area. Trunk +diameter is measured at a point 12 inches above grade. To be included in the +aggregate calculations of trunk diameter, a protected tree must have a trunk +diameter of six inches or more. For purposes of this provision, a protected +tree is defined in Section 5A-10.101. +            (iii)   GAS DRILLING AND PRODUCTION means the activities related to +the extraction of any fluid, either combustible or noncombustible, that is +produced in a natural state from the earth and that maintains a gaseous or +rarefied state at standard temperature and pressure conditions, or the +extraction of any gaseous vapors derived from petroleum or natural gas.    +            (iv)   HABITABLE STRUCTURE means any use or structure that is not a +protected use but has a means of ingress or egress, light, and ventilation. +Habitable structure does not include an accessory structure, such as a garage +or shed. +            (v)   PROTECTED USE means institutional and community service uses +(except cemetery or mausoleum); lodging uses; office uses; recreation uses +(except when the operation site is on a public park, playground, or golf +course); residential uses; and retail and personal service uses (except +commercial motor vehicle parking or commercial parking lot or garage). Parking +areas and areas used exclusively for drainage detention are not part of a +protected use. +            (vi)   See Article XII for additional definitions that apply to gas +drilling and production. +         (B)   Districts permitted: By SUP only in all districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   See Article XII for additional regulations relating to gas +drilling and production. No provision found in Articles IV or XII may be waived +through the adoption of or amendment to a planned development district. +            (ii)   Before an SUP for a gas drilling and production use within a +public park, playground, or golf course may be processed, city council must +hold a public hearing and make a determination in accordance with Texas Parks +and Wildlife Code Chapter 26, “Protection of Public Parks and Recreational +Lands.” +            (iii)   A favorable vote of three-fourths of all members of the +city council is required to approve a gas drilling and production use on a +public park, playground, or golf course if city council finds that the approval +will not harm the public health, safety, or welfare. +            (iv)   In addition to the findings required in Section +51-4.219 for the granting of an SUP, city plan commission and city council must +consider the: +               (aa)   proximity of a proposed gas drilling and production use +to an environmentally significant area; and +               (bb)   potential impact the proposed gas drilling and production +use may have on the environmentally significant area. +            (v)   Compliance with federal and state laws and regulations and +with city ordinances, rules, and regulations is required, and may include +platting, a flood plain fill or alteration permit, building permits, and gas +well permits. Compliance with these additional regulations may be required +before, concurrently with, after, or independently of the SUP process. +            (vi)   Trailers or mobile homes that are temporarily placed on the +operation site and used by gas drilling workers as a residence are a permitted +accessory use. +            (vii)   Once any gas drilling related activity begins on the +operation site, the applicant shall limit access to the operation site by +erecting an eight-foot-tall temporary chain-link fence. Within 30 days after +any well completion activity ceases, an eight-foot-tall permanent fence must be +erected and maintained around the perimeter of the operation site. This +provision controls over the fence height regulations of the zoning district. +City council, by SUP, may require a different form of screening, but may not +reduce the fence height requirements of this provision. +            (viii)   Access to the operation site must comply with the Dallas +Fire Code. The operation site plan must be reviewed and approved by the fire +marshal before an SUP can be granted. +            (ix)   The operation site may not have a slope greater than 10 +degrees unless the director determines that all equipment is located and +activities occur on a portion of the operation site that does not have a slope +greater than 10 degrees, there is adequate erosion control, and the slope of +the operation site will not be a threat to the public safety or welfare. +            (x)   The operator shall provide the director with a statement of +intent to enter into a road repair agreement before an SUP may be scheduled for +a public hearing. +            (xi)   The director shall revise the zoning district maps upon the +granting of an SUP for a gas drilling and production use, to provide a 1,000 +foot gas drilling and production use notice overlay around the boundary of the +operation site. +         (F)   Spacing: +            (i)   Habitable structure. +               (aa)   Except as otherwise provided in this provision, a gas +drilling and production use must be spaced at least 300 feet from a habitable +structure. +               (bb)   If a gas drilling and production use is located on the +same property as a habitable structure, the spacing requirements in this +provision may be waived for that habitable structure with a favorable vote of +two-thirds of all members of the city council if city council finds that the +reduction will not harm the public health, safety, or welfare. +               (cc)   Spacing is measured from the boundary of the operation +site in a straight line, without regard for intervening structures or objects, +to the closest point of the habitable structure. +            (ii)   Protected use. +               (aa)   Except as otherwise provided in this provision, a gas +drilling and production use must be spaced at least 1,500 feet from a protected +use (except trailers or mobile homes placed on the operation site as temporary +residences for workers). +               (bb)   City council may reduce the minimum 1,500 foot spacing +requirement from a protected use by not more than 500 feet with a favorable +vote of two-thirds of all members of the city council if city council finds +that the reduction will not harm the public health, safety, or welfare. +               (cc)   If a gas drilling and production use is located on the +same property as a protected use, the spacing requirements in this provision +may be waived for that protected use with a favorable vote of two-thirds of all +members of the city council if city council finds that the reduction will not +harm the public health, safety, or welfare. +               (dd)   If a gas drilling and production use is located on a +public park, playground, or golf course, the spacing requirements in this +subparagraph do not apply to protected uses or habitable structures located on +the public park, playground, or golf course. The spacing requirements in this +provision for protected uses and habitable structures off the public park, +playground, or golf course use still apply. +               (ee)   Spacing is measured as follows: +                  (11)   For institutional and community service uses (except +cemetery or mausoleum), and residential uses, from the boundary of the +operation site in a straight line, without regard to intervening structures or +objects, to the property line of the institutional and community service use +(except cemetery or mausoleum) or the residential use. +                  (22)   For recreation uses (except when the operation site is +on a public park, playground, or golf course), lodging uses, office uses, and +retail and personal service uses (except commercial motor vehicle parking or +commercial parking lot or garage), from the boundary of the operation site in a +straight line, without regard to intervening structures or objects, to the +closest point of a physical barrier or demarcation that establishes a boundary +of the protected the use. Examples of physical barriers or demarcations include +fencing around activity areas, such as play fields, courts, or pools; or edges, +borders, or boundaries of maintained areas adjacent to trails, golf courses, or +active recreation areas. If the protected use is conducted exclusively inside, +from the boundary of the operation site in a straight line, without regard to +intervening structures or objects, to the closest point of the structure +housing the protected use. +         (G)   Neighborhood meeting: +            (i)   Within 60 days after filing an SUP application, the applicant +or operator shall, at the applicant or operator’s expense, provide notice of a +neighborhood meeting regarding the pending SUP application. +            (ii)   The applicant or operator shall mail notice of the +neighborhood meeting by depositing the notice properly addressed and postage +paid in the United States mail. The notice must be written in English and +Spanish. The applicant or operator shall mail notice of the neighborhood +meeting to all real property owners as indicated by the most recent appraisal +district records and all mailing addresses within 2,000 feet of the boundary of +the proposed gas drilling and production use operation site. +            (iii)   The notice of the neighborhood meeting must include: +               (aa)   the date, time, and location of the neighborhood meeting; +               (bb)   the identity of the applicant and the operator; +               (cc)   the location of the pending SUP application; +               (dd)   information about the proposed gas drilling and +production use; +               (ee)   the purpose of the neighborhood meeting; and +               (ff)   information about subscribing to the operator’s +electronic notification list to receive updates about when specific operations +will occur, including site preparation, drilling, casing, fracturing, pipeline +construction, production, transportation, and maintenance of the operation +site. +            (iv)   Within five days after mailing the notice of the +neighborhood meeting, the applicant shall file an affidavit with the director +swearing and affirming that all real property owners and mailing addresses +within 2,000 feet of the boundary of the proposed gas drilling and production +use operation site were mailed notice of the neighborhood meeting in accordance +with this subparagraph. The affidavit must include a list of the real property +owners and mailing addresses to which notice was sent. +            (v)   The applicant and operator shall attend and conduct the +neighborhood meeting not less than seven or more than 21 days after providing +notice of the neighborhood meeting. The neighborhood meeting must be held at a +facility open to the public near the proposed gas drilling and production use. +            (vi)   The purpose of the neighborhood meeting is for the applicant +or operator to: +               (aa)   inform the community about the proposed gas drilling and +production use; +               (bb)   explain the operations associated with gas drilling and +production, including site preparation, site development and construction, +drilling, casing, fracturing, pipeline construction, production, +transportation, and maintenance of the operation site; and +               (cc)   explain and provide information about subscribing to the +operator’s electronic notification list to receive updates about when specific +operations will occur, including site preparation, drilling, casing, +fracturing, pipeline construction, production, transportation, and maintenance +of the operation site. +      (20)   Computer service center. +         (A)   Definition: A facility for the service and repair of computers. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (21)   Custom commercial engraving. +         (A)   Definition: A facility for the engraving or etching of items, +including, but not limited to trophies and name plates, or the laminating of +paper or other items in protective or decorative plastics. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 200 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (22)   Garden shop, plant sales, or greenhouse. +         (A)   Definition: A facility for the growing, display, and sale of +garden or flower seeds, plants, nursery stock, and related items. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area, plus one space for each 2,000 square feet of outside sales and +display area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   In all districts where this use is permitted, accessory +outside sales, display of merchandise, or storage may occupy up to 100 percent +of the lot. +      (23)   Diamond and precious stone sales (wholesale only). +         (A)   Definition: A facility for the sale of diamonds and precious +metals or gems at wholesale only and the occasional mounting of diamonds, +precious gems, and jewelry. +         (B)   Districts permitted: +            (i)   In general: O-2, commercial, central area, and industrial +districts; limited use in LO, MO, and GO districts. +            (ii)   As a retail-related use: GO districts; specific use permit +in MO districts. +         (C)   Required off-street parking: One space for each 333 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Retail sales, factories, and showrooms are not permitted +under this use. +      (24)   Design or decorative center. +         (A)   Definition: A facility for the display of furniture and relative +decorator items. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 700 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No retail sales are permitted under this use. +            (ii)   This use must have at least 150,000 square feet of floor +area use for merchandise display and accessory office use. +            (iii)   Accessory office use must not exceed 20 percent of the +total floor area. +      (25)   Attached non-premise sign. +         (A)   Definition: A “non-premise sign” as defined in Article VII that +is also an “attached sign” as defined in that article. +         (B)   Districts permitted: +            (i)   By express authorization in special provision sign districts. +            (ii)   By express authorization and SUP only in planned development +districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This use must be located in or within one mile of the central +business district, and be spaced at least 1,000 feet from all other attached +non-premise signs. +            (ii)   The effective area of this use may not exceed 25 percent of +the area of the facade to which it is attached, or 672 square feet, whichever +is less. No more than 10 percent of the effective area of this use may contain +words, and this use may not contain more than eight words. +            (iii)   An SUP granted for this use must have a time limit of no +more than three years, and is not eligible for automatic renewal. +            (iv)   These use regulations cannot be modified in an ordinance +establishing or amending regulations governing a planned development district. +            (v)   Subparagraphs (i), (ii), and (iii) do not apply when this use +is expressly authorized in a special provision sign district. +            (vi)   No certificate of occupancy is required for this use. +      (26)   Detached non-premise sign. +         (A)   Definition: A “non-premise sign” as defined in Article VII that +is also a “detached sign” as defined in that article. +         (B)   Districts permitted: See Section 51A-7.306 in Chapter 51A. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Legal and non-conforming detached non-premise signs may be +relocated under certain circumstances. See Section 51A-7.307 in Chapter 51A. +            (ii)   No certificate of occupancy is required for this use. +      (27)   Labor hall. +         (A)   Definitions: In this paragraph: +            (i)   LABOR HALL means any profit or non-profit public or private +entity, whether a corporation, partnership, natural person, or any other legal +entity, whose business involves securing temporary unskilled or agricultural +employment for a client through the use of a hiring hall or facility where +unskilled workers gather to await employment. +            (ii)   UNSKILLED WORKER means an individual who performs labor +involving physical toil that does not require persons engaged in a particular +occupation, craft, or trade, or practical or familiar knowledge of the +principles or processes of an art, science, craft, or trade. +         (B)   Districts permitted: By right in the industrial districts when +located at least: +            (i)   1000 feet from all conforming residential uses; and +            (ii)   500 feet from all “public or private school” uses. +Otherwise, by SUP in industrial districts. By SUP only in the LC and HC +districts. +         (C)   Required off-street parking: One space per 500 square feet of +floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use must have a lobby or waiting room with a floor area +of not less than the greater of 500 square feet or 50 percent of the total +floor area of the premises. +            (ii)   Food may be prepared and served as an accessory use. +            (iii)   No SUP for a labor hall may be granted for more than a two- +year time period. An SUP for a labor hall is not eligible for automatic +renewal. +            (iv)   In determining whether to grant a specific use permit for a +labor hall, the city council shall consider its proximity to the main uses +listed in Subparagraph (B) of this paragraph, and require that the labor hall +meet, as nearly as practicable, the distance requirements set out in that +subparagraph. +            (v)   Measurements of distance under this paragraph are taken +radially. “Radial” measurement means a measurement taken along the shortest +distance between the nearest point of the building site of the labor hall and +the nearest point of the building site of another use. +            (vi)   This use must comply with all applicable licensing +provisions. +      (28)   Gas pipeline compressor station. +         (A)   Definition: +            (i)   BOUNDARY means the perimeter of the compressor station site. +GAS PIPELINE COMPRESSOR STATION SITE means the area identified in the SUP to be +used for the gas pipeline compressor station. +            (ii)   GAS PIPELINE COMPRESSOR STATION means a facility for devices +that raise the pressure of a compressible fluid (gas) in order for the gas to +be transported through a transmission pipeline. This use does not include +compressors that are part of a gas drilling and production use that only +provide compression for gas to circulate into a gathering system. +            (iii)   PROTECTED USE means institutional and community service +uses (except cemetery or mausoleum); lodging uses; office uses; recreation uses +(except when the operation site is on a public park, playground, or golf +course); residential uses; and retail and personal service uses (except +commercial motor vehicle parking or commercial parking lot or garage). Parking +areas and areas used exclusively for drainage detention are not part of a +protected use. +         (B)   Districts permitted: By SUP only in I-3 Industrial Districts. +         (C)   Required off-street parking: Five spaces. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A gas pipeline compressor station must be spaced at least +1,500 feet from a protected use, measured from the boundary of the gas pipeline +compressor station site in a straight line, without regard to intervening +structures or objects, to the closest point of the protected use or areas of +the protected use activity. +            (ii)   To reduce noise, all compressors must be fully enclosed in a +building. +            (iii)   Except as otherwise provided in this subparagraph, the +perimeter of the gas pipeline compressor station site must be screened from +public view. City council may, by SUP, require a different form of screening +but may not reduce the height requirements in this subparagraph. Screening must +be at least six feet in height and must be constructed of: +               (aa)   earthen berm planted with turf grass or ground cover that +does not have a slope that exceeds one foot of height for each two feet of +width; +               (bb)   brick, stone, metal, or masonry wall that significantly +screens equipment and structures from view; +               (cc)   landscaping materials recommended for local area use by +the chief arborist. The landscaping must be located in a bed that is at least +three feet wide with a minimum soil depth of 24 inches. The initial plantings +must be capable of obtaining a solid appearance within 18 months; or +               (dd)   any combination of the above. +            (iv)   Unless a specific color is required by federal or state law, +all equipment and structures must be painted with a neutral color to match the +nearby surroundings as nearly as possible. +            (v)   To reduce noise and emissions, electric motors must be used +on the gas pipeline compressor station unless the operator submits a report to +the gas inspector and the gas inspector finds that electric motors cannot be +used. +            (vi)   Internal combustion engines and compressors, whether +stationary or mounted on wheels, must be equipped with an exhaust muffler or a +comparable device that suppresses noise and disruptive vibrations and prevents +the escape of gases, fumes, ignited carbon, or soot. +   (vii)   Exhaust from any internal combustion engine or compressor may not be +discharged into the open air unless it is equipped with an exhaust muffler or +mufflers or an exhaust muffler box constructed of non-combustible materials +sufficient to suppress noise and disruptive vibrations and prevent the escape +of noxious gases, fumes, ignited carbon, or soot. +            (viii)   Compressors must comply with the low and high frequency +noise requirements in Section 51A-12.204(1), “Noise.” (Ord. Nos. 16807; 16808; +17258; 17446; 18849; 19581; 19652; 21697; 24232; 26920; 27153; 27404; 29228; +29917; 30890) +SEC. 51-4.214.   STORAGE AND WASTE DISPOSAL USES. +   Storage and waste disposal uses are subject to the following regulations: +      (1)   Warehouse. +         (A)   Definition: A facility for the inside storage of commodities. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: One space for each 1,000 square +feet of floor area up to 20,000 square feet, and one space per 4,000 square +feet of floor area above 20,000 square feet. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No outside display or open storage is permitted under this +use unless the use is in a district where open storage is permitted as a main +use. +      (2)   Contractor’s maintenance yard. +         (A)   Definition: A site visually screened for the storage and +maintenance of contractor’s supplies and operational equipment. +         (B)   Districts permitted: HC, CA-2, I-2, and I-3 districts. +         (C)   Required off-street parking: One space for each 2,000 square +feet of site area; a minimum of four spaces required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Screening is required around this use. +      (3)   Building mover’s, temporary storage yard. +         (A)   Definition: A site where a building or storage which has been +removed from its original construction site is temporarily stored. +         (B)   Districts permitted: Specific use permit required in an I- +3 district. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use must be surrounded by a solid visual screen of at +least nine feet in height and constructed of solid masonry, solid concrete, +corrugated sheet metal, or a chain link fence with strips of metal through all +links. +            (ii)   This use must be landscaped with plants meeting the +requirements of the specific use permit. +            (iii)   Buildings temporarily stored under this use may not be +placed upon a foundation. +            (iv)   This use does not include bona fide sales lots on which new +buildings or structures are located displaying examples of workmanship or +appearance of the buildings or structures to be constructed on other sites and +sold. +      (4)   Open storage. +         (A)   Definition: A lot used for the outside placement of an item for +a period in excess of 24 hours. Outside placement includes storage in a +structure that is open or not entirely closed. +          +         (B)   Districts permitted: By right in HC, I-1, I-2, and I- +3 districts. RAR required in HC and industrial districts. By SUP only in the +central area and LC districts. +         (C)   Required off-street parking: One space for each 5,000 square +feet of site area excluding the parking area; a minimum of one space is +required, and a maximum of four spaces is allowed. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Landscaping: +        ��   (i)   A landscape buffer must be provided between any required +screening fence and an adjacent thoroughfare. +            (ii)   The director may approve an alternative irrigation plan for +landscaping if the director determines that it will maintain the required +landscaping. +         (F)   Screening: +            (i)   In central area, HC, LC, and I-1 districts, open storage must +be screened. +            (ii)   In I-2 and I-3 districts, open storage must be screened on +any side that is within 200 feet of and visible from a thoroughfare, expressway +as defined in Section 51A-7.102, new expressway as defined in Section 51A- +7.102, or an adjacent property that is not zoned an I-2 or I-3 district. For +purposes of this paragraph, adjacent means across the street or sharing a +common lot line. +         (G)   Stacking height. +            (i)   Except as provided in this subparagraph, maximum open storage +stacking height is 30 feet if the open storage is visible from and within 200 +feet of a thoroughfare or adjacent property that is not zoned an I-3 district. +If open storage is 200 feet or more from a thoroughfare or adjacent property, +no maximum open storage stacking height. For purposes of this provision, +adjacent means across the street or sharing a common lot line. +            (ii)   Open storage stacking height within 40 feet of required +screening may not exceed the height of the required screening. +         (H)   Additional provisions: +            (i)   A person shall not place, store, or maintain outside for a +period in excess of 24 hours, an item that is not: +               (aa)   customarily used or stored outside; or +               (bb)   made of a material that is resistant to damage or +deterioration from exposure to the outside environment. +            (ii)   Open storage may be an accessory use if it is customarily +incidental to a main use. See Section +51-4.217. +            (iii)   Open storage is prohibited in required yards, landscaping +areas, and parking areas. +            (iv)   All nonconforming open storage uses must comply with +Subparagraphs (F) and (G) before September 22, 2018. The owner or operator may +request from the board of adjustment an extension of this time period by filing +an application with the director on a form provided by the city. The +application must be filed before the September 22, 2018 deadline expires. The +application is not considered filed until the fee is paid. The board of +adjustment may grant an extension of this time period if it determines, after a +public hearing, that strict compliance would result in substantial financial +hardship or inequity to the applicant without sufficient corresponding benefit +to the city and its citizens in accomplishing the objectives of this Paragraph +(4), “Open Storage.” The fee to request that the board of adjustment extend +time is the same fee as the fee for a nonresidential special exception set +forth in Article I, “General Provisions,” of the Dallas Development Code. +      (5)   Outside salvage or reclamation. +         (A)   Definition: A facility which stores, keeps, dismantles, or +salvages scrap or discarded material or equipment outside. Scrap or discarded +material includes but is not limited to metal, paper, rags, tires, bottles, or +inoperable or wrecked motor vehicles, motor vehicle parts, machinery, or +appliances. +         (B)   Districts permitted: I-3; specific use permit required in an I- +2 district. +         (C)   Required off-street parking: If an SUP is required for this use, +the off-street parking requirement may be established in the ordinance granting +the SUP, otherwise a minimum of five spaces required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use must have a visual screen of at least nine feet in +height which consists of a solid masonry, concrete, or corrugated sheet metal +wall, or a chain link fence with metal strips through all links. +            (ii)   The owner of an outside salvage or reclamation use shall not +stack objects higher than eight feet within 40 feet of the visual screen. The +owner of an outside salvage or reclamation use may stack objects one foot +higher than eight feet for each five feet of setback from the 40 foot point. +            (iii)   If an inoperable or wrecked motor vehicle remains outside +on the premises for more than 24 hours, the premises is an outside salvage or +reclamation use. However, a premise is not an outside salvage or reclamation +use if the premise stores not more than four inoperable or wrecked motor +vehicles each of which having a valid state registration, current safety +inspection certificate, and documentary record of pending repairs or other +disposition, and if the premise has a current certificate of occupancy for a +motor vehicle related use. +            (iv)   A minimum distance of 500 feet is required between an +outside salvage or reclamation use and a residential district, as defined both +in this chapter and in Chapter 51A. +      (6)   Metal processing facility. +         (A)   Definition: A facility that collects, separates, and processes +scrap metal in bulk form for reuse and manufacturing. +         (B)   Districts permitted: I-3; specific use permit required in an I- +2 district. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area; a minimum of five spaces required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use must have a visual screen of at least nine feet in +height which consists of a solid masonry, concrete, or corrugated sheet metal +wall, or a chain link fence with metal strips through all links. +            (ii)   The owner of a metal processing facility shall not stack +objects higher than eight feet within 40 feet of the visual screen. The owner +of a metal processing facility may stack objects one foot higher than eight +feet for each five feet of setback from the 40 foot point. +            (iii)   A minimum distance of 500 feet is required between a metal +processing facility and a residential district, as defined both in this chapter +and in Chapter 51A. +      (7)   Inside salvage and reclamation. +         (A)   Definition: A business which stores, keeps, dismantles, or +salvages scrap or discarded material or equipment wholly inside a building. +Scrap or discarded material includes but is not limited to metal, paper, rags, +tires, bottles, inoperable or wrecked motor vehicles, motor vehicle parts, or +appliances. +         (B)   Districts permitted: I-2 and I-3 districts; specific use permit +required in an HC district. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No outside display or open storage is permitted under this +use unless the use is in a district where open storage is permitted as a main +use. +      (8)   Refuse transfer station. +         (A)   Definition: A privately owned facility for the transfer and +packing of solid waste materials from smaller collecting vehicles to larger +transport vehicles. +         (B)   Districts permitted: Specific use permit required in industrial +districts. +         (C)   Required off-street parking: One space for each 1,000 square +feet of site area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (9)   Sanitary landfill. +         (A)   Definition: A site for collection, handling, storage, and +disposal of solid wastes. +         (B)   Districts permitted: Specific use permit required in +agricultural and industrial districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Reserved. +      (10)   Aluminum collection center. +         (A)   Definition: A facility used for the temporary storage of empty +aluminum beverage cans and other discarded aluminum products. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +        ��   (i)   This use may only be located on a parking lot in an enclosed +vehicle not less than 40 feet in length or in an automatic aluminum collection +machine, or within a retail food store building as an accessory use. +            (ii)   Aluminum collection centers in a vehicle may only be placed +on the parking lot of a building site containing 50,000 square feet or more of +floor area. An aluminum collection machine may be placed on the parking lot of +a building site containing 50,000 square feet or more of floor area, or on the +parking lot of a building site containing a retail food store with 20,000 +square feet or more of floor area. Not more than one aluminum collection center +in a vehicle or automatic aluminum collection center machine is permitted on a +building site. +            (iii)   An aluminum collection center located on a parking lot may +not occupy required off-street parking spaces. An aluminum collection center +must be arranged so as to not impede free traffic flow. +            (iv)   Receipt of and payment for aluminum at an aluminum +collection center located on a parking lot may take place outside the +collection center but at a point no more than 20 feet from the opening of the +enclosed vehicle where the aluminum is stored. +            (v)   The owner of the property and the owner and operator of the +aluminum collection center shall not process or flatten aluminum on the site. +It is a defense to prosecution that the flattening of aluminum is being +conducted wholly within an automatic aluminum collection machine. +            (vi)   The owner of the property and the owner and operator of the +aluminum collection center remove aluminum stored at the collection center at +least once a week. +            (vii)   The owner of the property and the owner and operator of the +aluminum collection center shall keep the aluminum collection center in proper +repair and the exterior must have a neat and clean appearance. +            (viii)   The owner of the property and the owner and operator of +the aluminum collection center shall keep the building site clean and in a neat +appearance and shall dispose of aluminum cans and other litter from the +building site where the aluminum collection center is located. +      (11)   Mini-warehouse. +         (A)   Definition: A building or group of buildings containing one or +more individual compartmentalized storage units for the inside storage of +customer’s goods or wares, where no unit exceeds 500 square feet in floor area. +         (B)   Districts permitted: LC, HC, central area, and industrial +districts. +         (C)   Required off-street parking: Six spaces are required. Spaces may +not be used for outside storage, vehicle storage, or parking for vehicles for +rent. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No outside display or open storage is permitted under this +use unless the use is in a district where open storage is permitted as a main +use. +            (ii)   Caretaker’s quarters are permitted as an accessory use to +the mini-warehouse use. One parking space must be provided for each 500 square +feet of caretaker’s quarters; however, no more than two spaces are required for +each caretaker’s quarters. +      (12)   Office/showroom warehouse. +         (A)   Definitions. In this paragraph: +            (i)   OFFICE SHOWROOM/WAREHOUSE means a facility which has the +combined uses of office and showroom or warehouse for the primary purpose of +wholesale trade, display, and distribution of products. +            (ii)   OFFICE SHOWROOM COMPONENT means the portion of this use +which provides area for the regular transaction of business and for the display +of uncontainerized merchandise in a finished building setting. +         (B)   Districts permitted: By right in HC, industrial, and central +area districts. +         (C)   Required off-street parking: +      (i)   Office: One space per 333 square feet of floor area. +      (ii)   Showroom/warehouse: One space per 1,000 square feet of floor area +for the first 20,000 square feet of floor area. One space per 4,000 square feet +of floor area for any floor area in excess of 20,000 square feet. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Retail sales of products which are sold at wholesale on the +premises are permitted as a part of this use. (Ord. Nos. 16911; 17034; 17043; +18144; 18188; 18923; 19455; 27404; 28803; 29917) +SEC. 51-4.215.   ANIMAL RELATED USES. +   Animal related uses are subject to the following regulations: +      (1)   Farm or ranch. +         (A)   Definitions: +            (i)   AQUACULTURE means the cultivation, maintenance, and +harvesting of aquatic species. +            (ii)   AQUAPONICS means the combination of aquaculture (fish) and +hydroponics (plants) to grow food crops or ornamental crops and aquatic species +together in a recirculating system without discharge or exchange of water. +            (iii)   BED COVER means a hoop-house, shade structure, or similar +structure located above a planting bed to assist with the growing or shading of +food crops or ornamental crops. +            (iv)   COMMUNITY GARDEN means an URBAN GARDEN as that use is +defined in this subparagraph. Except in those Chapter 51P articles where +community garden is specifically defined, any reference to community garden in +Chapter 51P is a reference to an urban garden in this subparagraph. +            (v)   FARM OR RANCH means an area which is used for growing farm +products or keeping farm poultry and farm livestock. +            (vi)   URBAN GARDEN means an area managed and maintained to grow +and harvest food crops and/or ornamental crops for personal or group use, +consumption, sale, or donation. Urban gardens may be divided into separate +plots for cultivation by one or more individuals or may be farmed collectively +by members of the group and may include common areas maintained and used by +group members. +         (B)   Districts permitted: +            (i)   A community garden is permitted by right in all districts. +            (ii)   A farm or ranch is permitted by right in residential +districts except MH; nonresidential districts except NO, LO, MO, and GO +districts. +         (C)   Required off-street parking: +            (i)   For an urban garden, except as otherwise provided in this +Subparagraph, off-street parking is not required. For an urban garden in non- +residential districts that allows on-site sales, one off-street parking space +is required for every 200 square feet of sales area with a minimum two off- +street parking spaces provided. +            (ii)   For a farm or ranch, a minimum of two spaces. +         (D)   Required off-street loading: None. +         (E)   Additional provisions for urban gardens: +            (i)   An urban garden must comply with the regulations for the +zoning district in which the urban garden is located. +            (ii)   Aquaponics, aquaculture, and the raising of chickens are +permitted. All other animal grazing and animal production are prohibited. +            (iii)   For an urban garden in a residential district, the combined +floor area of structures may not exceed 10 percent of the lot, with no single +structure exceeding 200 square feet in floor area. Structures that assist in +the growing of vegetation, such as bed covers and raised planting beds, are not +included in floor area calculations. Structures must comply with yard, lot, and +space regulations for the district. +            (iv)   For an urban garden in a residential district, one single, +non-illuminated, flat sign of no more than six square feet must be provided. +The sign must contain the phone number of an emergency contact person for the +urban garden. If animals are present in the urban garden, the sign must also +contain the contact information for Dallas 311 city services. In residential +districts, no other signage is permitted.    +            (v)   Each bed cover may only cover one planting bed. +            (vi)   Except as provided in this subparagraph, maximum height of a +bed cover is four feet from the growing surface or eight feet, measured from +grade, whichever is less. Within the required front yard, maximum height of a +bed cover is four feet, measured from grade. +            (vii)   The on-site sale of food crops, ornamental crops, and eggs +produced at the urban garden is allowed only in non-residential districts. No +other items may be sold. +         (F)   Additional provisions for farms or ranches: +            (i)   A person shall not operate a farm or ranch upon an area less +than three acres. +            (ii)   Farm products include vegetables, fruits, trees, and grain. +            (iii)   Farm poultry and farm livestock include but are not limited +to pigs, chickens, turkeys, cows, sheep, goats, and horses. +            (iv)   A structure may be erected for a private stable, pen, barn, +shed, or silo for raising, treating, and storing products raised on the +premises. This structure may not include a dwelling unit. +            (v)   Standings under roofed stables must be made of a material +that provides for proper drainage so as not to create offensive odors, fly +breeding, or other nuisances. +            (vi)   The keeping of horses is subject to the requirements under +the private stable use. +            (vii)   Fences for pens, corrals, or similar enclosures must be of +sufficient height and strength to retain the animals. No pen, corral, fence, or +similar enclosure may be closer than 20 feet to an adjacent property line. The +widths of alleys, street rights-of-way, or other public rights-of-way may be +used to calculate the 20-foot requirement. +            (viii)   Manure must be collected at least once a day and placed in +concrete or metal fly-proof containers. Manure must be removed from the +premises at least once a week. +            (ix)   The regulations under this use do not apply to government +agencies, governmentally supported organizations, or educational agencies that +keep and maintain animals for health research or similar purposes, nor do these +regulations apply to special events such as circuses and livestock exhibits +which are otherwise regulated by the city. +      (2)   Veterinarian’s office. +         (A)   Definition: A facility for the prevention, treatment, cure, or +alleviation of disease and injury in animals. +         (B)   Districts permitted: O-2, LO, MO, GO, SC, GR, LC, HC, central +area, and industrial districts. +         (C)   Required off-street parking: One space for each 300 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use includes outpatient treatment only, and no boarding +is permitted. +      (3)   Animal clinic without outside runs. +         (A)   Definition: A facility for the diagnosis, treatment, or +hospitalization of household pets including but not limited to dogs, cats, +birds, and horses. +         (B)   Districts permitted: SC, GR, LC, HC, central area, and +industrial districts. +         (C)   Required off-street parking: One space for each 300 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Outside runs are not permitted under this use. +      (4)   Animal clinic with outside runs. +         (A)   Definition: An animal clinic as defined in Subsection (3) above +that has outside enclosures for the animals. +         (B)   Districts permitted: Industrial districts when located at least +1,000 feet from residential districts; otherwise by SUP only in the same +districts. Specific use permit required in the HC district. +         (C)   Required off-street parking: One space for each 300 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (5)   Kennel with outside run. +         (A)   Definition: A facility for the breeding or boarding of animals +that has outside enclosures for the animals. +         (B)   Districts permitted: I-3; specific use permit required in I- +1 and I-2 districts. +         (C)   Required off-street parking: One space for each 300 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 60,000 1 +Each additional 60,000 or fraction thereof 1 additional +  +      (6)   Animal pound. +         (A)   Definition: A facility for the keeping of animals, especially +stray or unlicensed pets. +         (B)   Districts permitted: I-3; specific use permit required in HC, I- +1, and I-2 districts. +         (C)��  Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   An animal pound may have outside enclosures for the animals. +      (7)   Commercial stable. +         (A)   Definition: A facility for the business of boarding horses or +renting horses to the public. +         (B)   Districts permitted: I-2 and I-3 districts. +         (C)   Required off-street parking: One space for each two stalls. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use does not include sales, auction, or similar trading +activity. +      (8)   Zoo. +         (A)   Definition: A facility consisting of a zoological garden or a +collection of animals for display to the public. +         (B)   Districts permitted: Specific use permit required in I-2 and I- +3 districts. +         (C)   Required off-street parking: One space for each 600 square feet +of site area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The city council must specially approve a public zoo. +      (9)   Hatchery and breeding operation. +         (A)   Definition: A facility for hatching eggs or breeding of animals. +         (B)   Districts permitted: I-2 and I-3 districts. +         (C)   Required off-street parking: One space for each 600 square feet +of site area; a minimum of five spaces required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (10)   Livestock auction pens or sheds. +         (A)   Definition: A facility for the public sale of animals to the +highest bidder. +         (B)   Districts permitted: I-3; specific use permit required in I- +2 district. +         (C)   Required off-street parking: One space for each four seats plus +one space for each 600 square feet of sales area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (11)   Slaughterhouse. +         (A)   Definition: A facility for butchering animals or poultry. +         (B)   Districts permitted: I-3 district; specific use permit required +in I-2 district. +         (C)   Required off-street parking: One space for each 1,000 square +feet of site area if the use is conducted outdoors; one space for each 500 +square feet of floor area with a minimum of five spaces required if the use is +conducted inside. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +(Ord. Nos. 18849; 26269; 27404; 28125; 29687) +SEC. 51-4.216.   INDUSTRIAL AND MANUFACTURING USES. +      (1)   Industrial uses other than listed. +         (A)   Definition: A facility for processing or industrial uses that +has not been listed as a separate use. +         (B)   Districts permitted: Industrial districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (2)   Permanent concrete or asphalt batching or recycling plant. +         (A)   Definition: A permanent facility for mixing, batching, or +recycling concrete or asphalt. +         (B)   Districts permitted: I-3 district; specific use permit required +in an I-2 district. +         (C)   Required off-street parking: Five spaces. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (3)   Temporary concrete or asphalt batching plant. +         (A)   Definition: A temporary facility for mixing concrete or asphalt. +         (B)   Districts permitted: Special authorization by the building +official is required in accordance with the additional provisions of this use. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A temporary certificate of occupancy is required for this +use. The building official may issue a temporary certificate of occupancy in +any zoning district for a temporary batching plant to mix, compound, and batch +concrete, asphalt, or both, for a public or private project. The certificate is +valid for six months. If the project is not completed within six months, the +building official may extend the certificate to complete the project. +            (ii)   A person to whom a temporary certificate of occupancy is +issued shall: +               (aa)   comply with city, state, and federal laws at the batching +plant site; +               (bb)   clear the site of equipment, material, and debris upon +completion of the project; +               (cc)   repair or replace any public improvement that is damaged +during the operation of the temporary batching plant; and +               (dd)   operate the temporary plant in a manner which eliminates +unnecessary dust, noise, and odor (as illustrated by, but not limited to +covering trucks, hoppers, chutes, loading and unloading devices, and mixing +operations, and maintaining driveways and parking areas free of dust). +            (iii)   A person shall only furnish concrete, asphalt, or both, to +the specific project for which the temporary certificate of occupancy is +issued. The placement of a temporary batching plant for a private project is +restricted to the site of the project. +      (4)   U-cart concrete system. +         (A)   Definition: A facility for the batching of concrete on an +individual order basis for general household uses. +         (B)   Districts permitted: Industrial districts; specific use permit +required in an HC district. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (5)   Fiberglass swimming pool fabricator. +         (A)   Definition: A facility for the fabrication of swimming pools +from fiberglass and other similar materials. +         (B)   Districts permitted: HC and industrial districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The manufacturing of fiberglass or similar material used to +fabricate the swimming pools is not a part of this use. +      (6)   Light fabrication and assembly. +         (A)   Definition: A facility for the manufacturing of jewelry, +trimming, decorations, and any similar items. +         (B)   Districts permitted: HC, central area, and industrial districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No open storage is permitted under this use unless the use is +in a district where open storage is permitted as a main use. +      (7)   Clothing manufacturing. +         (A)   Definition: An operation involving cutting, sewing, forming, and +packing of garments and similar items including the making of millinery and +clothing accessories. +         (B)   Districts permitted: HC, central area, and industrial districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (8)   Bedspread, drapes, and headboard manufacturing. +         (A)   Definition: A facility for the manufacturing of bedspreads, +drapes, headboards, and similar bedding materials. +         (B)   Districts permitted: HC and industrial districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (9)   Manufacturing laboratory. +         (A)   Definition: An operation involving compounding of products such +as perfumes and pharmaceuticals, and the development and assembly of +instruments and similar items. +         (B)   Districts permitted: HC, central area, and industrial districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   No open storage is permitted under this use unless the use is +in a district where open storage is permitted as a main use. +      (10)   Artificial marble manufacturing. +         (A)   Definition: A facility for the manufacturing of artificial +marble. +         (B)   Districts permitted: HC and industrial districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (11)   Corrugated cardboard box fabrication. +         (A)   Definition: A facility for the fabrication and storage of +corrugated cardboard boxes. +         (B)   Districts permitted: HC and industrial districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The manufacturing of the materials used to construct the +corrugated cardboard boxes is not permitted under this use. +      (12)   Tread rubber manufacturing plant. +         (A)   Definition: A facility for the manufacturing, processing, and +storage of tread rubber. +         (B)   Districts permitted: I-3 district. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (13)   Metal smelting and plating. +         (A)   Definition: A facility for the smelting and plating of metals. +         (B)   Districts permitted: Specific use permit required in an I- +3 district. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +      (14)   Rendering plant. +         (A)   Definition: A facility for the rendering of parts of animals +into marketable products. +         (B)   Districts permitted: Specific use permit required in I-2 and I- +3 districts. +         (C)   Required off-street parking: One space for each 500 square feet +of floor area; a minimum of five spaces required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions. +            (i)   This use must be located a minimum distance of 1,000 feet +from a residential district, as defined both in this chapter and in Chapter +51A. +      (15)   Alcoholic beverage manufacturing. +         (A)   Definition: An establishment for the manufacture, blending, +fermentation, processing, and packaging of alcoholic beverages with a floor +area exceeding 10,000 square feet that takes place wholly inside a building. A +facility that only provides tasting or retail sale of alcoholic beverages is +not an alcoholic beverage manufacturing use. +         (B)   Districts permitted: By right in industrial districts with RAR +required. By SUP only in central area districts. +         (C)   Required off-street parking: +            (i)   Except as otherwise provided, one space per 600 square feet +of floor area. +            (ii)   One space per 1,000 square feet of floor area used for +storage. +            (iii)   One space per 100 square feet of floor area used for retail +sales and seating. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Retail sales of alcoholic beverages and related items and +tastings or sampling are allowed in accordance with Texas Alcoholic Beverage +Commission regulations. +            (ii)   Except for loading, all activities must occur within a +building. +            (iii)   Silos and containers of spent grain are allowed as outdoor +storage. Containers of spent grain must be screened. All other outdoor storage +or repair is prohibited. +            (iv)   If an SUP is required, silos and outdoor storage areas for +spent grain must be shown on the site plan. +            (vi)   Drive-through facilities are prohibited. +            (vi)   This use is permitted as an accessory use if it is +customarily incidental to the main use and occupies no more than 40 percent of +the total floor area of the main use. (Ord. Nos. 16873; 17756; 18142; 18849; +19455; 27404; 28700) +SEC. 51-4.216.1.   LODGING USES. +      (1)   Extended stay hotel or motel. +         (A)   Definition: A lodging facility containing six or more guest +rooms, in which: +            (i)   25 percent or more of the guest rooms have a kitchen that +includes a sink, a full-size stove, and a full-size refrigerator (a cooking +area limited to a microwave, mini-refrigerator, or cook-top does not constitute +a “kitchen” for purposes of this definition); and +            (ii)   10 percent or more of the guest rooms contain a sleeping +area that is separated from a sitting area by a wall or partition. +         (B)   Districts permitted: By SUP in MO, GO, CS, LC, HC, industrial, +and central area districts. +         (C)   Required off-street parking: One space for each unit for units 1 +to 250; ¾ space for each unit for units 251 to 500; ½ space for all units over +500; plus one space per 200 square feet of floor area other than guest rooms. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 10,000 NONE +10,000 to 50,000 1 +50,000 to 100,000 2 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   Amenities such as maids, laundry, concierge, meeting rooms, +exercise rooms, pool, and business services (fax, internet, voice mail, +courier, etc.) may only be provided to guests. +      (2)   Lodging or boarding house. +         (A)   Definition: A structure that is rented to occupants for 30 +consecutive days or more and contains more than five units with living and +sleeping accommodations, but no kitchen. +         (B)   Districts permitted: MF-2, MF-3, MF-4, GR, LC, HC, and central +area districts; specific use permit in I-1 and I-2 districts. +         (C)   Required off-street parking: One space for each dwelling unit or +guest room. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 100,000 1 +100,000 to 300,000 2 +Each additional 200,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The operator of a lodging or boarding house may serve meals +to the occupants. +            (ii)   This use is subject to the nonresidential use regulations in +this chapter. +      (3)   Hotel and motel. +         (A)   Definition: A building containing six or more guest rooms, and +furnishing customary hotel services such as linen, maid service, and the use +and upkeep of furniture. +         (B)   Districts permitted: O-2, GO, SC, GR, LC, HC, central area, and +industrial districts; specific use permit required if the hotel or motel has 60 +or fewer guest rooms. +         (C)   Required off-street parking: One space for each unit for units 1 +to 250; 3/4 space for each unit for units 251 to 500; 1/2 space for all units +over 500. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 100,000 1 +100,000 to 300,000 2 +Each additional 200,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   This use is subject to the nonresidential use regulations in +this chapter. +      (4)   Overnight general purpose shelter. +         (A)   Definitions: In these use regulations: +            (i)   BED means a piece of furniture, mat, cushion, or other device +on or in which a person may lie and sleep. +            (ii)   OVERNIGHT GENERAL PURPOSE SHELTER means an emergency lodging +facility (as opposed to a residential or medical treatment facility) that +provides room and board to more than four persons who are not related by blood, +marriage, or adoption to the head of the household or the owner or operator of +the facility, and that negotiates sleeping arrangements on a daily basis, +whether or not the facility is operated for profit or charges for the services +it offers. This definition does not include: +               (aa)   dwelling units occupied exclusively by families (Note: +Dwelling units occupied exclusively by families are considered to be single- +family, duplex, or multiple-family uses, as the case may be); or +               (bb)   any other use specifically defined in this chapter. +            (iii)   THIS USE means an overnight general purpose shelter as +defined in this paragraph. +         (B)   Districts permitted: +            (i)   If this use provides shelter for 20 or less overnight guests, +it is permitted by SUP only in LO, MO, GO, SC, GR, LC, HC, industrial, and +central area districts. +            (ii)   If this use provides shelter for more than 20 overnight +guests, it is permitted by SUP only in GO, LC, HC, industrial, and central area +districts. +         (C)   Required off-street parking: 0.0025 spaces per bed, plus one +space per 200 square feet of office or program service floor area; a minimum of +four spaces is required. +         (D)   Required off-street loading: +  +SQUARE FEET OF FLOOR AREA IN STRUCTURE TOTAL REQUIRED SPACES OR BERTHS +0 to 50,000 NONE +50,000 to 150,000 1 +Each additional 100,000 or fraction thereof 1 additional +  +         (E)   Additional provisions: +            (i)   The maximum number of overnight guests permitted under this +use is: +               (aa)   20 in LO, MO, SC, and GR districts; and +               (bb)   200 in all other cases. +            (ii)   The cumulative maximum number of beds permitted for all of +these uses combined on building sites located wholly or partially in the +central business district is 250. +            (iii)   The cumulative maximum number of beds permitted for all of +these uses combined on building sites located wholly or partially in the area +including and within one-third of a mile of the central business district is +1100. +            (iv)   In the event of a conflict between Subparagraphs (ii) and +(iii) and the provisions of any special purpose, planned development, or +conservation district ordinances, Subparagraphs (ii) and (iii) control. +            (v)   This use must be spaced at least 1,000 feet away from: +               (aa)   a church; +               (bb)   a public or private elementary or secondary school; +               (cc)   any residential use listed in Section +51-4.201; +               (dd)   any residential district, historic overlay district, or +public park; and +               (ee)   any other overnight general purpose shelter. +If this use provides shelter for more than 50 overnight guests, it must be +spaced at least one-half mile from any other overnight general purpose shelter. +For purposes of these use regulations, measurement is made in a straight line, +without regard to intervening structures or objects, from the nearest boundary +of the building site containing the overnight general purpose shelter to the +nearest boundary of the building site containing the church, public or private +elementary or secondary school, or residential use, or to the nearest boundary +of the residential or historic overlay district or public park, whichever is +applicable. The distance between overnight general purpose shelters is measured +in a straight line, without regard to intervening structures or objects, +between the nearest boundaries of the building sites on which the shelters are +located. +            (vi)   This use must be located within one-half mile of public +transit. +            (vii)   This use must comply with all applicable licensing +requirements. +            (viii)   The board of adjustment shall not establish a compliance +date for this use under Section 51A-4.704(a)(1) of Chapter 51A. +            (ix)   Whenever an overnight general purpose shelter operating on +city-owned land in full compliance with all applicable laws is, through no +fault of its own, forced to vacate its current location as a result of the +direct, positive, and affirmative action of the city, and if the requirements +of this subparagraph are met, the shelter shall be permitted to relocate in any +nonresidential district for a period of time of one year without applying for +an SUP. The SUP requirement shall be suspended only if the proposed new +building site is located a minimum of 1,000 feet from any building site +containing any residential use listed in Section +51-4.201 and a minimum of 1,000 feet from any building site containing another +shelter. All measurements shall be taken radially between the building sites in +question. In addition, the shelter must obtain a certificate of occupancy and +any other required licenses and approvals before it may begin operating. A +shelter that relocates in accordance with this subparagraph shall not acquire +any nonconforming rights during the period of suspension, and any investment +made in land, buildings, or structures during that period shall be at the +complete risk of the shelter that an SUP may not ultimately be granted. At or +before the end of the one-year period, the shelter shall either file an +application for an SUP or cease operations. A shelter that files an application +for an SUP in accordance with this subparagraph may remain operating while the +application is pending before the city plan commission or city council; +however, if the application is denied or withdrawn, the shelter shall cease +operations no later than 60 days after the date the final decision is made to +deny the application, or the date the application is withdrawn, whichever is +applicable. (Ord. 27404) +SEC. 51-4.217.   ACCESSORY USES. +   (a)   General provisions. +      (1)   An accessory use must be a use customarily incidental to a main +use. An accessory use not listed in Subsection (b) is permitted if the +accessory use complies with Subsection (a). +      (2)   Except as specifically permitted in this article, no use listed in +Sections +51-4.201 through +51-4.216.1 may be an accessory use. +      (3)   Except as otherwise provided in Subsection (b) or in Sections +51-4.201 through +4.216.1, an accessory use is permitted in any district in which the main use is +permitted. +      (4)   Except as otherwise provided in Subsection (b), an accessory use +must be located on the same lot as the main use, and must not be across a +street or alley from the main use. +      (5)   Unless otherwise specifically required in this article, an +accessory use must comply with all regulations applicable to the main use. +      (6)   An alcohol related establishment that is customarily incidental to +a main use, such as an alcohol related establishment within a hotel, +restaurant, or general merchandise store, will be considered as part of the +main use when determining the gross revenue derived by the establishment from +the sale of alcoholic beverages for on-premise consumption. +   (b)   Specific accessory uses. The following accessory uses are subject to +the general provisions in Subsection (a) and the regulations below: +      (1)   Game court (private). +         (A)   Definition: Court for engaging in tennis, handball, racquetball, +or similar physical activities. +         (B)   Districts permitted: Residential and nonresidential districts. +This accessory use is not permitted in the P district. +         (C)   Required off-street parking: +            (i)   Three spaces for each game court. +            (ii)   No off-street parking is required for a game court accessory +to a single-family or duplex use. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This accessory use may occupy no more than 50 percent of the +area of the lot containing the main use. +      (2)   Swimming pool (private). +         (A)   Definition: A swimming pool constructed for the exclusive use of +the residents of a residential use. +         (B)   Districts permitted: Residential and nonresidential districts. +This accessory use is not permitted in the P district. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   No private swimming pool may be operated as a business, +except that private swimming lessons may be given under the home occupation +use. +            (ii)   No private swimming pool may be maintained in such a manner +as to be hazardous or obnoxious to adjacent property owners. +            (iii)   No private swimming pool may be constructed in the required +front yard. However, a private swimming pool may be located within the required +side or rear yard if it meets the requirements of Section +51-4.217(a). +            (iv)   A private swimming pool must be surrounded by a fence. +      (3)   Private stable. +         (A)   Definition: An area for the keeping of horses for the private +use of the property owner. +         (B)   Districts permitted: Residential districts except MH, and +nonresidential districts except NO, LO, MO, GO, and P districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A private stable is permitted only on a lot that has at least +15,000 square feet and a person may keep only the number of horses permitted +for the lot area as described in the following chart: +  +Lot Area Number of Horses +At least 15,000 sq. ft. but less than 21,780 sq. ft. 1 +At least 21,780 sq. ft. but less than 43,560 sq. ft. 2 +At least 43,560 sq. ft. but less than 87,120 sq. ft. 3 +At least 21,780 sq. ft. per animal 4 or more +  +            (ii)   A private stable must include a pen or corral containing at +least 800 square feet for each animal with a stable under a roof containing at +least 100 square feet for each animal. +            (iii)   A stable must have proper drainage so as not to create +offensive odors, fly breeding, or other nuisances. +            (iv)   The owner of a private stable shall collect manure at least +once a day and place it in a concrete or metal flyproof container, and cause +the manure to be removed from the premises at least once a week. +            (v)   A pen, corral, fence, or similar enclosure may not be closer +than 20 feet to an adjacent property line. The widths of alleys, street rights- +of-way, or other public rights-of-way may be used in establishing the 20-foot +distance to the adjacent property line. +            (vi)   Fences for pens, corrals, or similar enclosures must be of a +sufficient height and strength to retain the horses. +      (4)   Home occupation. +         (A)   Definition: An occupation that is incidental to the primary use +of the premises as a residence and is conducted on the residential premises by +an occupant of the residence. +         (B)   Districts permitted: All residential districts and +nonresidential districts except I-3 and P districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A person who engages in a home occupation shall not: +               (aa)   use an advertisement, sign, or display relating to the +home occupation on the premises; +               (bb)   use a street address of the premises on an advertisement, +sign, or display off the premises; +               (cc)   involve more than three people on the premises at one +time, other than the residents of the premises; +               (dd)   employ more than one person other than the occupants of +the residence; +               (ee)   conduct any activities relating to the home occupation, +including activities on any porch, deck, patio, garage, or unenclosed or +partially enclosed portion of any structure, unless conducted entirely inside +the main structure; +               (ff)   use equipment other than ordinary household equipment; +               (gg)   generate loud and raucous noise, that renders the +enjoyment of life or property uncomfortable or interferes with public peace and +comfort; +               (hh)   sell or offer or advertise products of the home +occupation at or on the premises; +               (ii)   generate vehicular traffic that unreasonably reduces the +availability of on-street parking spaces on surrounding streets; or +               (jj)   generate parking congestion that unreasonably reduces the +availability of on-street parking spaces on surrounding streets. +            (ii)   A home occupation may not occupy more than 25 percent or 400 +square feet of the total floor area of the main structure, whichever is less. +      (5)   Occasional sales (garage sales). +         (A)   Definition: The sale of tangible personal property at retail by +a person who is not in the business or does not hold himself or herself out to +be in the business of selling tangible personal property at retail. +         (B)   Districts permitted: Residential districts, and nonresidential +districts except I-3 and P districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A person shall sell tangible personal property only on the +premises of the owner or lessee of the premises where the sale is conducted, +and the owner or lessee must be the legal owner of the tangible personal +property at the time of the sale. +            (ii)   The sale must be inside the building or garage, or on an +approved surface as described in Section 51A-4.301(d)(4). +            (iii)   A person shall not sell, offer, or advertise for sale +merchandise made, produced, or acquired solely for the purpose of resale at an +occasional sale. +            (iv)   A person shall not conduct an occasional sale for a duration +of more than three consecutive calendar days. +            (v)   A person shall not conduct more than two occasional sales at +a premise during any 12-month period. +            (vi)   A person shall not place more than one sign, not to exceed +two square feet in effective area, upon the lot where the sale is taking place. +Up to five signs, not to exceed two square feet in effective area each, are +permitted at locations remote from the sale property with the permission of the +owner of the remote location. Signs advertising an occasional sale are not +permitted in medians or on trees or light poles. All signs advertising an +occasional sale must be removed within 24 hours after expiration of the permit +issued under Section 51A-1.105(x).  +            (vii)   Any advertisement of an occasional sale or of an item being +offered for sale at an occasional sale must contain the street address at which +the sale will occur and the date(s) on which the sale will occur. +            (viii)   A person commits an offense if he operates an occasional +sale without a valid permit under Section 51A-1.105(x). +      (6)   Community center (private). +         (A)   Definition: An integral part of a residential project or +community unit development that is under the management and unified control of +the operators of the project or development, and that is used by the residents +of the project or development for a place of meeting, recreation, or social +activity. +         (B)   Districts permitted: Multiple-family, MH, O-1, O-2, GO, +commercial, and central area districts; limited use in LO and MO districts; +specific use permit required in all single-family, duplex, TH, I-1, and I- +2 districts. This use is not permitted in the P district. +         (C)   Required off-street parking: +            (i)   Except as provided in this subparagraph, one space for each +100 square feet of floor area. +            (ii)   No off-street parking is required if this use is accessory +to a multifamily use and is used primarily by residents. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A private community center may not be operated as a place of +public meetings or as a business. +            (ii)   The operation of a private community center must not create +noise, odor, or similar conditions beyond the property line of the project or +development site. +            (iii)   A liquor permit may not be issued for a private community +center. +            (iv)   This accessory use need not be located on the same lot as +the main use. +      (7)   Amateur communication tower. +         (A)   Definition: A tower with an antenna that transmits amateur +radio, citizen band, or both spectrums, or that receives any portion of a radio +spectrum. +         (B)   Districts permitted: All residential and nonresidential +districts. This use is not permitted in the P district. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   In all residential districts except MF-3 and MF-4, a person +may erect one amateur communication tower that exceeds the maximum height +specified in Section +51-4.408, if the amateur communication tower: +               (aa)   does not exceed 60 feet in height; +               (bb)   is setback an additional 12 inches from the required +front, side, and rear yards for each additional 18 inches of height above the +maximum height specified in Section +51-4.408; +               (cc)   has a maximum horizontal cross-sectional area of three +square feet; +               (dd)   has no more than two antennae above the maximum height +specified in Section +51-4.408 with a maximum volume of 900 cubic feet for a single antenna and 1400 +cubic feet for two antennae. In this provision, antenna volume is the space +within an imaginary rectangular prism which contains all extremities of the +antenna; +               (ee)   does not encroach into the required front, side, or rear +yard. A guy wire and anchor point for a tower is prohibited in the required +front yard and is also prohibited in the required side and rear yards unless +the guy wire and anchor point is attached to the top of a structural support +that is no less than six feet in height. If a structural support for a guy wire +and anchor point is used, the structural support may project into the required +side and rear yards no more than two feet, measured from the setback line. In +this provision, a structural support for an anchor point is any pole, post, +strut, or other fixture or framework necessary to hold and secure an anchor +point; and +               (ff)   has a minimum space between antennae above the maximum +height specified in Section +51-4.408 of eight feet or more as measured vertically between the highest point +of the lower antenna and the lowest point of the higher antenna. +            (ii)   The board of adjustment may allow a special exception from +the requirements of Subsection (E)(i) with the exception of Subsection (E)(i) +(aa), if the board finds that the special exception would not adversely affect +neighboring property and would be in harmony with the general purpose and +intent of this section. +            (iii)   In an NS, O-1, and all residential districts except MF- +3 and MF-4, a person may erect an amateur communication tower over 60 feet and +not above 100 feet in height if authorized by a specific use permit. +            (iv)   This accessory use may occupy no more than 25 percent of the +area of the lot containing the main use. +            (v)   This accessory use is prohibited in all residential districts +in the area between the street and the façade of any main or accessory +structure. (This area includes, but may be greater than, the front yard.) +            (vi)   The owner or operator of an amateur communication tower +shall remove the tower within six months of the date that the tower ceases to +operate as an amateur radio, citizen band, or radio spectrum authorized by the +Federal Communications Commission. Upon failure of the owner or operator to +remove the tower within the prescribed period, the building official shall +notify the city attorney to pursue enforcement remedies against that owner or +operator for failure to remove the tower. +      (8)   Private street or alley. +         (A)   Definition: A thoroughfare or an alley built to the same +specifications as a street or alley dedicated to the public use, whose +ownership has been retained privately. +         (B)   Districts permitted: Specific use permit required in single- +family, duplex, and TH districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Private streets and alleys must be constructed and maintained +to the standards for public rights-of-way and must be approved by the director +of public works and transportation. Sidewalks are required and must be +constructed and maintained to the standards for sidewalks in the public right- +of-way. Water and sanitary sewer mains must be installed in accordance with the +applicable ordinances. +            (ii)   A legal entity must be created that is responsible for +street lighting, street maintenance and cleaning, and the installation and +maintenance of interior traffic control devices. The legal instruments +establishing the responsibility for a private street or alley must be submitted +to the city plan commission for approval, be approved as to legal form by the +city attorney, and recorded in the appropriate county. +            (iii)   Private streets and alleys must contain private service +easements including, but not limited to, the following easements: utilities; +firelane; street lighting; government vehicle access; mail collection and +delivery access; and utility meter reading access. +            (iv)   Street lights comparable with those required on public +rights-of-way must be provided. Street lighting design plans must be approved +by the director of public works and transportation. +            (v)   Design plans and location of all traffic control devices must +be approved by the traffic engineer. The design, size, color, and construction +of all traffic control devices must comply with those required in public +rights-of-way. +            (vi)   The fire protection standards in Article XIII of the Dallas +Fire Code must be followed. +            (vii)   A public school, park, or other public facility must be +accessible from public rights-of-way in accordance with this code. +            (viii)   Private streets must comply with the thoroughfare plan and +may not interrupt public through streets. +            (ix)   Private street names and numbers must be approved by the +city plan commission. +            (x)   Private streets and the area they serve must be platted. +            (xi)   Guard houses may be constructed at any entrance to a private +street. All guard houses must be at least 25 feet from a public right-of-way. +            (xii)   Any structure that restricts access to a private street +must provide a passageway 20 feet wide and 14 feet high. +            (xiii)   One private street entrance must remain open at all times. +If an additional private street entrance is closed at any time, it must be +constructed to permit opening of the passageway in emergencies by boltcutters +or breakaway panels. +            (xiv)   A private street serving an area containing over 150 +dwelling units must have a minimum of two access points to a public street. +            (xv)   A private street may serve no more than 300 dwelling units. +            (xvi)   The city has no obligation to maintain a private street. If +a private street is not maintained in compliance with the requirements of this +chapter, the city, after a public hearing before the city plan commission, +shall have the right, but not the obligation, to take those actions necessary +to put the private street in compliance. The legal entity responsible for +maintaining the private street shall pay the city for the work performed within +a period of 180 days from the presentation of the bill, or the private street +will become a public street of the city. +            (xvii)   A court or plaza may be considered a private street for +the purpose of creating a building site if a specific use permit for a private +street or alley use is obtained. +      (9)   Open storage. +         (A)   Definitions: +            (i)   ACCESSORY OPEN STORAGE means the outside placement of an item +for a continuous period in excess of 24 hours. Outside placement includes +storage in a structure that is open or not entirely enclosed. +            (ii)   BOOK EXCHANGE STRUCTURE means an enclosed structure that +holds books or other literary materials to be shared or exchanged in a +pedestrian accessible location constructed and maintained by the owner of the +property. +         (B)   Districts permitted: This accessory use is permitted in any +district if it satisfies the requirements of Subsection (a) of this section and +if it is not prohibited by the additional provisions of the main use and this +section. This accessory use in not permitted in the P district. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   A person shall not place, store, or maintain outside, for a +continuous period in excess of 24 hours, an item which is not: +               (aa)   customarily used or stored outside; or +               (bb)   made of a material that is resistant to damage or +deterioration from exposure to the outside environment. +            (ii)   For purposes of this subsection, an item located on a porch +of a building is considered to be outside if the porch is not enclosed. +            (iii)   Except as otherwise provided in this subsection, accessory +open storage is not permitted in the primary yard or on a front porch of a +residential building. In this subsection, “primary yard” means the portion of a +lot or tract which abuts a street and extends across the width of the lot or +tract between the street and the main building. +            (iv)   It is a defense to prosecution under Subsection (E)(iii) +that the item is: +               (aa)   an operable motor vehicle with valid state registration +parked on a surface that meets the standards for parking surfaces contained in +the off-street parking regulations of this chapter, except that this defense is +not available if the vehicle is a truck tractor, truck, bus, or recreational +vehicle and it has a rated capacity in excess of one and one-half tons +according to the manufacturer’s classification, or if the vehicle is over 32 +feet in length; +               (bb)   a boat, trailer, or recreational vehicle parked on a +surface that meets the standards for parking surfaces contained in the off- +street parking regulations of this chapter, and the item cannot reasonably be +placed in an area behind the front yard; +               (cc)   landscaping, or an ornamental structure, including, but +not limited to a birdbath, plant container, or statuette, placed in the front +yard or on the front porch for landscaping purposes; +               (dd)   lawn furniture or a book exchange structure made of a +material that is resistant to damage or deterioration from exposure to the +outside environment; +               (ee)   located on a front porch and not visible from the street; +or +               (ff)   a vehicle displaying a registration insignia or +identification card issued by the state to a permanently or temporarily +disabled person for purposes of Section 681.006 of the Texas Transportation +Code. +            (v)   A person shall not use more than five percent of the lot area +of a premise for accessory open storage. The area occupied by an operable motor +vehicle with valid state registration is not counted when calculating the area +occupied by accessory open storage. Except as otherwise provided in this +article, open storage is considered to be a separate main use if it occupies +more than five percent of the lot. +            (vi)   The board may grant a special exception to the additional +provisions of this subsection relating to accessory open storage in the primary +yard or on a front porch of a residential building when, in the opinion of the +board, the special exception will not adversely affect neighboring property. +      (10)   Day home. +         (A)   Definition: A facility that provides care or supervision for +“day home attendees,” whether or not the facility is operated for profit or +charges for the services it offers. For the purposes of this paragraph, “day +home attendees” means persons under 14 years of age, including those related to +the owner of the residence or the head of the household by blood, marriage, or +adoption. A day home is incidental to the primary use of the premises as a +residence and conducted on the premises by a resident of the premises who is on +the premises during hours of operation. +         (B)   District restrictions: This accessory use is not permitted in +the P district. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (F)   Additional provisions: +            (i)   No more than 10 day home attendees are permitted at any time +in the operation of this use. +            (ii)   A person who conducts a day home use shall not: +               (aa)   use an advertisement, sign, or display on or off the +premises; +               (bb)   advertise in the yellow pages of the telephone directory; +               (cc)   employ more than two persons on the premises, other than +the residents of the premises; +               (dd)   conduct outdoor activities between the hours of 10 p.m. +and 7 a.m.; +               (ee)   conduct outdoor activities unless the activities are +screened from the neighboring property by a fence at least four feet in height; +or +               (ff)   generate loud and raucous noise that renders the +enjoyment of life or property uncomfortable or interferes with public peace and +comfort. +            (iii)   This use does not include individuals living together as a +single housekeeping unit in which not more than four individuals are unrelated +to the head of the household by blood, marriage, or adoption. +            (iv)   This use must comply with all applicable requirements +imposed by city ordinances, rules, and regulations, and by state law. +      (11)   Pedestrian skybridges. +         (A)   Definition: Use of a structure constructed above grade primarily +to allow pedestrians to cross a city right-of-way. A pedestrian skybridge use +does not include use of a structure constructed primarily for automobiles. +         (B)   Purpose: The purpose of this section is to promote the health, +safety, and general welfare of persons and property within the city by +providing for the structural integrity of pedestrian skybridges over public +right-of-ways; preventing visual obstruction of public right-of-ways and urban +landscapes; facilitating the flow of traffic; encouraging use of public +skybridges by pedestrians through well designed additions to the existing +pedestrian system; minimizing the negative impact of pedestrian skybridges on +adjoining properties, communication and utility company facilities, and public +street lighting and safety facilities; and establishing standards for +construction and maintenance of pedestrian skybridges. +         (C)   Districts permitted: A pedestrian skybridge is permitted in any +district by SUP. An SUP is required for pedestrian skybridges in planned +development (PD) districts. A license or abandonment from the city of Dallas is +also required to cross a city right-of-way. Provisions concerning licenses for +use of the public right-of-way are contained in Chapter 43, “Streets and +Sidewalks,” of the Dallas City Code. Provisions concerning abandonment of the +public right-of-way are contained in Chapter 2, “Administration,” of the Dallas +City Code. +         (D)   Application: An application for an SUP for a pedestrian +skybridge must contain a statement outlining the need for the pedestrian +skybridge and how the pedestrian skybridge will enhance the welfare of the area +of request and adjacent properties. +         (E)   Specific use permit procedure: The provisions concerning +specific use permits contained in Section +51-4.219 apply except as modified by this subsection. +            (i)   Notification. The director shall send written notice of a +public hearing on an application for an SUP for a pedestrian skybridge to all +owners of real property lying within 750 feet of the properties on which the +skybridge will be located. +            (ii)   Protest. For purposes of the protest provisions, the area of +request is the properties on which the skybridge will be located. +            (iii)   Residential adjacency. An SUP for a pedestrian skybridge +must be approved by the affirmative vote of three-fourths of all members of the +city council if the pedestrian skybridge is within 750 feet of a residential +zoning district or planned development district that allows residential uses or +is sited within a planned development district that is adjacent to residential +districts. +            (iv)   Term. The term of an SUP for a pedestrian skybridge must +coincide with the term of any related license. +         (F)   Mandatory pedestrian skybridge standards: Additional provisions +concerning construction of pedestrian walkways are contained in Chapter 53, +“Dallas Building Code,” of the Dallas City Code. Pedestrian skybridges must be +constructed and maintained in accordance with the following regulations: +            (i)   Pedestrian skybridges must be properly maintained at all +times. If a pedestrian skybridge connects two buildings which are separately +owned, an operating agreement assigning maintenance and liability +responsibilities is required. +            (ii)   No more than one pedestrian skybridge may be located within +any blockface or 700 feet of frontage, whichever is less. +            (iii)   Pedestrian skybridges must have clearance above the public +right-of-way of at least 18 feet above grade. +            (iv)   If the pedestrian skybridge has a length of less than 150 +feet, the interior passageway must be no less than 10 feet and no greater than +20 feet in width. If the pedestrian skybridge has a length equal to or greater +than 150 feet, the interior passageway must be no less than 12 feet and no +greater than 20 feet in width. +            (v)   The interior height of the passageway must be at least seven +and one-half feet. The interior height at the springline of vaulted ceilings +must be at least seven and one-half feet. +            (vi)   Supports may be located within the public right-of-way if +the placement of the support structure does not impede pedestrian traffic and +maintains minimum sidewalk clearance widths required in the zoning district and +in conformance with the Americans with Disabilities Act, 42 U.S.C. Chapter 126. +            (vii)   A sign must be posted within the adjoining structures +indicating whether the skybridge is open to the public, the location of the +pedestrian skybridge, and where the pedestrian skybridge leads. +            (viii)   Pedestrian skybridges must meet state and federal +standards for accessibility to and usability by individuals with disabilities. +            (ix)   Pedestrian skybridges connected to structures with air +conditioning must be enclosed and air conditioned. +            (x)   Any change in slope of the pedestrian skybridge greater than +one percent must be over private property or concealed within the pedestrian +skybridge. +            (xi)   Pedestrian skybridges must not diverge from a perpendicular +angle to the right-of-way by more than 30 degrees. +            (xii)   At least 70 percent of the side walls must be open, or +glass or transparent material with a light transmission of not less than 36 +percent and a luminous reflectance of not more than six percent. “Light +transmission” means the ratio of the amount of total light to pass through the +material to the amount of total light falling on the material and any glazing. +“Luminous reflectance” means the ratio of the amount of total light that is +reflected outward by a material to the amount of total light falling on the +material. +            (xiii)   Minimum artificial lighting of 15 foot candles must be +provided. Lighting must not produce glare of an intensity that creates a +nuisance for motor vehicles or pedestrians. +            (xiv)   No exterior signs, other than government signs, may be +applied to or suspended from any pedestrian skybridge. +            (xv)   Pedestrian skybridges must not be located within 300 feet of +an historic overlay district. +            (xvi)   Pedestrian skybridges must be designed to prevent people +from jumping or throwing objects from the pedestrian skybridge. +            (xvii)   Structural materials must be durable and easily +maintained. Construction must comply with the City of Dallas Building and Fire +Codes. +            (xviii)   Pedestrian skybridges must not interfere with or impair +use of the right-of-way by existing or proposed communication and utility +facilities. +            (xix)   The applicant must post bond for the estimated cost to the +city to remove the pedestrian skybridge if it becomes a public nuisance. +            (xx)   Skybridges may be placed in a required front, side, or rear +yard. +         (G)   Recommended pedestrian skybridge standards: Pedestrian +skybridges are recommended to be constructed and maintained in accordance with +the following guidelines: +            (i)   Pedestrian skybridges which are open to the public should +penetrate the second story of the adjoining structures, or, if not possible, as +close as possible to the street level. +            (ii)   Pedestrian skybridges should penetrate the adjoining +structures as close as possible to escalators or elevators having access to the +entire structure and the street. +            (iii)   Free-standing pedestrian skybridges and pedestrian +skybridges connected to structures without air conditioning should have a roof, +wind breaks, and adequate ventilation that maximize the comfort and safety of +pedestrians. A pedestrian skybridge should be open only when the adjoining +structures are open. +            (iv)   If the length of the pedestrian skybridge exceeds 250 feet, +the passageway should be interrupted by interior visual breaks, such as turns, +courts, or plazas. +            (v)   Primary lighting sources should be recessed and indirect. +Accent lighting is encouraged. Natural lighting should be used in addition to +artificial lighting. +            (vi)   The pedestrian skybridge should be designed so as to +coordinate with the adjoining structures to the extent possible. Where +coordination is not possible, the pedestrian skybridge should be of a neutral +color, such as brown or grey. +         (H)   Waiver: The city council may, by a three-fourths vote, grant a +waiver to the pedestrian skybridge standards contained in this paragraph if the +council finds that: +            (i)   strict compliance with the requirements will unreasonably +burden the use of either of the properties; +            (ii)   the waiver will not adversely affect neighboring property; +            (iii)   the waiver will not be contrary to the public interest; and +            (iv)   the waiver will not be contrary to the public health, +safety, or welfare. +         (I)   Compliance regulations: Pedestrian skybridge uses are not +subject to the compliance regulations contained in Section +51-4.704. +      (12)   Accessory helistop. +         (A)   Definition: A landing pad for occasional use by rotary wing +aircraft. +         (B)   Districts permitted: +            (i)   Office-2, GO, and industrial districts. +            (ii)   SUP required in A, multiple-family, MO, SC, GR, LC, HC, and +central area districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Regularly scheduled stops are not permitted under this +accessory use. +            (ii)   Fueling or servicing facilities are not permitted under this +accessory use. +            (iii)   This accessory use must be approved by the city aviation +department. +            (iv)   This accessory use is subject to the Federal Aviation +Administration's rules, regulations, and approval. +      (13)   Accessory medical/infectious waste incinerator. +         (A)   Definition: A facility used to incinerate plastics, special +waste, and waste containing pathogens or biologically active material which, +because of its type, concentration, and quantity, is capable of transmitting +disease to persons exposed to the waste. +         (B)   Districts permitted: +            (i)   Agricultural, multiple-family, O-1, O-2, MO, GO, commercial, +central area, and industrial districts. +            (ii)   An SUP is required for this facility if it is used to +incinerate more than 225 pounds of waste per hour. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This accessory use is permitted only in conjunction with a +hospital use. +            (ii)   The facility must be located at least 200 feet from all lots +containing residential uses. +            (iii)   If the facility is used to incinerate more than 225 pounds +of waste per hour, it must be located at least 200 feet from all lots +containing public or private school uses. +      (14)   Accessory outside display of merchandise. +         (A)   Definition: The outside placement of merchandise for sale for a +continuous period less than 24 hours. +         (B)   Districts permitted: Nonresidential districts except NO, LO, MO, +and P districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +      (15)   Accessory outside sales. +         (A)   Definition: A site for the outside sale of merchandise. +         (B)   Districts permitted: Nonresidential districts except NO, LO, MO, +and P districts. +         (C)   Required off-street parking: None for the first 1,000 square +feet of sales area; one space for each additional 500 square feet of sales +area. +         (D)   Required off-street loading: None. +      (16)   Accessory pathological waste incinerator. +         (A)   Definition: A facility used to incinerate organic human or +animal waste, including: +            (i)   Human materials removed during surgery, labor and delivery, +autopsy, or biopsy, including body parts, tissues or fetuses, organs, and bulk +blood and body fluids. +            (ii)   Products of spontaneous human abortions, regardless of the +period of gestation, including body parts, tissue, fetuses, organs, and bulk +blood and body fluids. +            (iii)   Anatomical remains. +            (iv)   Bodies for cremation. +         (B)   Districts permitted: Residential districts only in conjunction +with a public park containing a zoo and an aquarium, and the following +nonresidential districts: GR, LC, HC, central area, and industrial. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This accessory use is permitted only in conjunction with a +mortuary or funeral home; or a public park containing a zoo and aquarium owned +or operated by a public agency, available to the general public year-round, and +having a collection of at least 5,000 specimens. +            (ii)   This accessory use must be located at least 200 feet from +all lots containing residential uses. +            (iii)   When this accessory use is operated in conjunction with a +public park containing a zoo and aquarium, no more than one incinerator is +permitted, and the incinerator may not burn more than 200 pounds per hour. +      (17)   General waste incinerator. +         (A)   Definition: A facility used to incinerate solid waste consisting +of combustible rubbish, refuse, and garbage. +         (B)   Districts permitted: Residential and nonresidential districts. +This accessory use is not permitted in the P district. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This accessory use must be located at least 200 feet from all +lots containing residential uses.  +      (18)   Accessory electric vehicle charging station. +         (A)   Definition: A facility that provides electrical charging for +vehicles. +         (B)   Districts permitted: Residential and nonresidential districts. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   Up to 10 percent of required parking may be electric vehicle +charging spaces that will count towards required parking for a main use on the +property. +            (ii)   If this accessory use is located in a residential district, +it may not have a sign advertising its services. +            (iii)   A charging cord may not cross over a sidewalk or pedestrian +walkway. +      (20)   Temporary inclement weather shelter. +         (A)   Definition: A facility that offers shelter during times of +inclement weather in compliance with Chapter 45. +         (B)   Districts permitted: This accessory is not permitted in the P +district. +         (C)   Required off-street parking: None. +         (D)   Required off-street loading: None. +         (E)   Additional provisions: +            (i)   This use must comply with the regulations in Chapter 45. +            (ii)   This use may only operate in conjunction with a valid +certificate of occupancy for a permitted main use. This use is not allowed in +conjunction with single-family, duplex, townhouse, or handicapped group +dwelling unit. +            (iii)   Except at the Kay Bailey Hutchinson Convention Center and +other city-owned facilities, this accessory use may not operate within 0.5 mile +of the central business district. +(Ord. Nos. 17046; 17093; 17812; 18188; 18849; 19100; 20845; 21454; 21735; +22004; 22204; 23012; 24843; 24915; 27404; 28021; 28737; 28803; 29024; 30257; +30894; 31705) +51-4.201 USE CHARTS +  +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9502.png] +  +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9504.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9506.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9508.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9510.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9512.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9514.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9516.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9518.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9520.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9522.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9524.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9522.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9526.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9528.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9530.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9532.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9534.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9881.png] +  +SEC. 51-4.218.   LIMITED USES. +   This section incorporates by reference the language of Section 51A-4.218, +“Limited Uses,” of Chapter 51A of the Dallas City Code, as amended, as that +section exists today and as it may be amended in the future. (Ord. 27404) +SEC. 51-4.218.1   RETAIL-RELATED USES. +   (a)   A retail-related use is indicated by an “R” on the use chart. +   (b)   A retail-related use: +      (1)   may not exceed 2,000 square feet in floor area; +      (2)   is only permitted on a street level of a building; +      (3)   may not have a floor area that in combination with the floor areas +of other retail-related uses on the street level exceeds 50 percent of the +aggregate floor area of all uses on the street level; and +      (4)   may not have a floor area that in combination with the floor areas +of other retail-related uses in the building exceeds 10 percent of the floor +area of the building. +   (c)   Some uses permitted as retail-related uses are also permitted as +limited uses. This section does not affect the ability of a property owner to +operate a permitted limited use on a street level of a building. A use that is +operated as a limited use is not considered to be a retail-related use for +purposes of Subsections (b)(3) and (b)(4). (Ord. 18849) +SEC. 51-4.219.   SPECIFIC USE PERMIT. +   This section incorporates by reference the language of Section 51A-4.219, +“Specific Use Permit (SUP),” of CHAPTER 51A, “PART II OF THE DALLAS DEVELOPMENT +CODE,” as that section exists today and as it may be amended in the future. +(Ord. Nos. 17813; 18920; 19455; 20132; 22053) +SEC. 51-4.220.   CLASSIFICATION OF NEW USES. +   This section incorporates by reference the language of Section 51A-4.220, +“Classification of New Uses,” of Chapter 51A of the Dallas City Code, as +amended, as that section exists today and as it may be amended in the future.  +(Ord. 27404) +SEC. 51-4.221.   SEXUALLY ORIENTED BUSINESSES. +   This section incorporates by reference the language of Section 51A-4.221, +“Sexually Oriented Businesses,” of Chapter 51A of the Dallas City Code, as +amended, as that section exists today and as it may be amended in the future. +(Ord. Nos. 24438; 24696; 26513; 27404) +Division 51-4.300 +Off-street Parking and Loading Regulations. +SEC. 51-4.301.   OFF-STREET PARKING REGULATIONS. +   This section incorporates by reference the language of Section 51A-4.301, +“Off-street Parking Regulations,” of Division 51A-4.300, “Off-street Parking +and Loading Regulations,” of Article IV, “Zoning Regulations,” of CHAPTER 51A, +“PART II OF THE DALLAS DEVELOPMENT CODE,” of the Dallas City Code, as that +section exists today and as it may be amended in the future. (Ord. Nos. 16803; +16805; 16915; 17045; 17839; 17859; 17860; 18849; 18968; 19062; 19063; 19305; +19455; 19460; 20383; 23013; 24020) +SEC. 51-4.302.   PARKING DISTRICT REGULATIONS. +   This section incorporates by reference the language of Section 51A-4.302, +“Parking District Regulations,” of Chapter 51A of the Dallas City Code, as +amended, as that section exists today and as it may be amended in the future. +(Ord. Nos. 19455; 27404) +SEC. 51-4.303.   OFF-STREET LOADING REGULATIONS. +   (a)   Required off-street loading standards. This subsection incorporates by +reference the language of 51A-4.303(a), “Required Off-street Loading +Standards,” of Section 51A-4.303, “Off-street Loading Regulations,” of Chapter +51A of the Dallas City Code, as amended, as that section exists today and as it +may be amended in the future. +   (b)   Location and design standards. This subsection incorporates by +reference the language of 51A-4.303(b), “Location and Design Standards,” of +Section 51A-4.303, “Off-street Loading Regulations,” of Chapter 51A of the +Dallas City Code, as amended, as that section exists today and as it may be +amended in the future. +   (c)   Special regulations for the CA-1 district. This subsection +incorporates by reference the language of Subparagraph (C), “Special Off-street +Loading Provisions,” of Paragraph (5), “Off-street Parking and Loading,” of +Subsection (a), “CA-1(A) District,” of Section 51A-4.124, “Central Area +Districts,” of Chapter 51A of the Dallas City Code, as amended, as that section +exists today and as it may be amended in the future. +   (d)   Screening provisions for off-street loading. In an NO, LO, MO, or GO +district, off-street loading spaces may be located in the front yard behind the +setback line if they are screened from the street. Screening must be at least +six feet in height measured from the horizontal plane passing through the +nearest point of the off-street loading space and may be provided by using any +of the methods described Section +51-4.602(b)(3). (Ord. Nos. 19312; 19455; 27404) +SEC. 51-4.304.   OFF-STREET STACKING SPACE REGULATIONS. +   This section incorporates by reference the language of Section 51A-4.304, +“Off-street Stacking Space Regulations,” of Chapter 51A of the Dallas City +Code, as amended, as that section exists today and as it may be amended in the +future. (Ord. 27404) +SEC. 51-4.305.   HANDICAPPED PARKING REGULATIONS. +This section incorporates by reference the language of Section 51A-4.305, +“Handicapped Parking Regulations,” of Chapter 51A of the Dallas Development +Code. (Ord. 27864) +SEC. 51-4.306.   OFF-STREET PARKING IN THE CENTRAL BUSINESS DISTRICT. +   This section incorporates by reference the language of Section 51A-4.306, +“Off-street Parking in the Central Business District,” of Chapter 51A of the +Dallas City Code, as amended, as that section exists today and as it may be +amended in the future. (Ord. Nos. 20272; 27404) +SEC. 51-4.307.   NONCONFORMITY AS TO PARKING OR UNLOADING REGULATIONS. +   Consult Section +51-4.704 for regulations concerning nonconformity as to parking and loading. +(Ord. 21553) +SEC. 51-4.308 THRU 51-4.309.   RESERVED. +Division 51-4.310 +Off-street Parking Reductions. +   This division incorporates by reference the language of Division 51A-4.310, +“Off-Street Parking Reductions,” of CHAPTER 51A, “PART II OF THE DALLAS +DEVELOPMENT CODE,” as that division exists today and as it may be amended in +the future. (Ord. 22053) +Division 51-4.320 +Special Parking Regulations. +   This division incorporates by reference the language of Division 51A-4.320, +“Special Parking Regulations,” of Chapter 51A of the Dallas City Code, as +amended, as that section exists today and as it may be amended in the future. +(Ord. Nos. 19460; 27404) +Division 51-4.330. +Bicycle Parking Regulations. +   This division incorporates by reference the language of Division 51A-4.330, +“Bicycle Parking Regulations,” of Chapter 51A of the Dallas City Code, as +amended, as that section exists today and as it may be amended in the future. +(Ord. 29128)    +Division 51-4.340. +Mechanized Parking. +   This division incorporates by reference the language of Division 51A-4.340, +“Mechanized Parking,” of Chapter 51A of the Dallas City Code, as amended, as +that section exists today and as it may be amended in the future. (Ord. 29128) +Division 51-4.400 +Yard, Lot, and Space Regulations. +SEC. 51-4.401.   MINIMUM FRONT YARD. +   (a)   General provisions. +      (1)   Required front yards must be open and unobstructed except for +fences and light poles 20 feet or less in height. Except as otherwise provided +in this section, ordinary projections of window sills, belt courses, cornices, +and other architectural features may not project more than 12 inches into the +required front yard. A fireplace chimney may project up to two feet into the +required front yard if its area of projection does not exceed 12 square feet. +Cantilevered roof eaves and balconies may project up to five feet into the +required front yard. +      (2)   The front yard setback is measured from the front lot line of the +building site or the required right-of-way as determined by the thoroughfare +plan for all thoroughfares, whichever creates the greater setback. On minor +streets, the front yard setback is measured from the front lot line of the +building site or the existing right-of-way, whichever creates the greater +setback. When the city council by ordinance establishes a specific right-of-way +line for a street, the front yard setback is measured from that right-of-way +line. +      (3)   If a building line that is established by ordinance requires a +greater or lesser front yard than prescribed by Section +51-4.410, the building line established by ordinance determines the minimum +required front yard. +      (4)   The building official may approve a ramp that projects into the +required front yard to allow a handicapped person access to an existing single +family, duplex, or handicapped group dwelling unit use. The ramp must be +constructed with minimal encroachment and must be constructed to the applicable +accessibility standard as determined by the building official. Initial review +of a complete permit application for a ramp must be completed in 10 days. +      (5)   If a lot runs from one street to another and has double frontage, a +required front yard must be provided on both streets. If access is prohibited +on one frontage by plat or by the city, the following structures or portions of +structures in the yard along that frontage are governed by the rear yard +regulations in Section +51-4.403: +         (A)   Swimming pools. +         (B)   Game courts. +         (C)   Fences. +         (D)   Garages. +         (E)   Accessory storage buildings. +      (6)   Except as provided in this paragraph, if a blockface is divided by +two or more zoning districts, the front yard for the entire blockface must +comply with the requirements of the district with the greatest front yard +requirement. +         (A)   If the greatest front yard is in a district with only one or +more of the following uses being conducted as a main use and having a minimum +of 80 feet of frontage, the blockface terminates at the boundary of that use: +            (i)   Utility and service uses listed in Section +51-4.202. +            (ii)   A railroad team track or railroad yard, round house, or +shops. +            (iii)   A cemetery or mausoleum. +            (iv)   Recreation and entertainment uses listed in Section +51-4.208(1) through (5). +         (B)   In this section BLOCKFACE means: +            (i)   the distance along one side of a Street between the two +nearest intersecting streets; +            (ii)   where a street deadends, the distance along one side of a +street between the nearest intersecting street and the end of the deadend +street; or +            (iii)   where a street centerline contains a change of direction +greater than 45 degrees, the distance along one side of a street between either +the nearest intersecting street or the deadend and the point determining the +angle of the change of direction. +      (7)   If a building is erected or altered to exceed 36 feet in height, +and if the building site is either perpendicularly contiguous to or +perpendicularly across an adjoining street from an R, R(A), D, D(A), TH, TH(A), +or CH district, an additional setback must be provided that is equal to twice +the height of that portion of the building that exceeds 36 feet. The additional +setback is only required for that portion of a building that exceeds 36 feet in +height. +      (8)   The minimum front yard requirements in a planned development +district are controlled by the planned development district regulations. +      (9)   In a multiple-family, MH, A, office, commercial, central area, or +industrial district, the board of adjustment may allow a special exception from +the front yard requirements of Section +51-4.410 to permit the erection of a permanently constructed porte-cochere, +covered walkway, or canopy if the structure is rectilinear in shape and does +not exceed 25 feet in width at the building line, and if the board finds that +the structure will not adversely affect neighboring property. +   (b)   Front yard provisions for residential districts. +      (1)   If a corner lot in a single-family, duplex, or agricultural +district has two street frontages of equal distance, one frontage is governed +by the front yard regulations of this section, and the other frontage is +governed by the side yard regulations in Section +51-4.402. If the corner lot has two street frontages of unequal distance, the +shorter frontage is governed by this section, and the longer frontage is +governed by the side yard regulations in Section +51-4.402. Notwithstanding this provision, the continuity of the established +setback along street frontage must be maintained. +      (2)   In a residential district, if a structure specified in Section +51-4.408(a)(1) is erected or altered to exceed the maximum height allowed in +Section +51-4.410, an additional setback must be provided that is equal to one-half the +height of that portion of the building that exceeds 36 feet, up to a maximum +total setback of 50 feet. The additional setback is only required for that +portion of a building that exceeds 36 feet in height. In case of conflict +between Subsection (a)(7) and this provision, Subsection (a)(7) applies. +      (3)   If a TH district abuts another residential district, as defined +both in this chapter and in Chapter 51A, in the same blockface and fronts on +the same side of the street, the residential district with the greater front +yard requirement determines the minimum front yard. The minimum front yard for +the residential district with the greater front yard requirement must extend at +least 150 feet into the TH district. +      (4)   In a manufactured home district, a manufactured home may not be +located closer than 20 feet to a public street right-of-way or a private drive +used for access, circulation, or service to a lot or stand where a manufactured +home is located. +      (5)   Reserved. +      (6)   Reserved. +      (7)   In MF-3 and MF-4 districts, if a building is erected or altered to +exceed 36 feet in height, an additional setback must be provided that is equal +to one-half the height of that portion of the building that exceeds 36 feet, up +to a maximum total setback of 50 feet. The additional setback is only required +for that portion of a building that exceeds 36 feet in height. In case of +conflict between Subsection (a)(7) and this provision, Subsection (a)(7) +applies. +   (c)   Front yard provisions for nonresidential districts. +      (1)   In a nonresidential district, if a building is erected or altered +to exceed 36 feet in height and if the building site is either perpendicularly +contiguous to or perpendicularly across an adjoining street from a MF-1, MF-1 +(A), MF-2, or MF-2(A) district, an additional setback must be provided that is +equal to one-half the height of that portion of the building that exceeds 36 +feet, up to a maximum total setback of 50 feet. The additional setback is only +required for that portion of a building that exceeds 36 feet in height. +      (2)   Reserved. +      (3)   In the CA-1-CP and CA-1-SP districts, a 10-foot setback is required +that is measured from the street curb as established by the Dallas Central +Business District Streets and Vehicular Circulation Plan, Ordinance No. 13262, +as amended. When an owner establishes a setback on his property greater than +the 10-foot requirement, a floor area bonus of six times the additional setback +area is allowed. The maximum permitted floor area ratio with a bonus is 24 to +one. +      (4)   In a CA-1 district, a sidewalk must be provided between the back of +the street curb and the face of a building at grade in accordance with this +subsection. The face of a building is behind the columns for a building with +exterior columns. +         (A)   Average sidewalk width equals the total sidewalk surface area +divided by the lineal feet of frontage. +            (i)   Each frontage on each blockface must contain the required +average sidewalk width. +            (ii)   The computation of average sidewalk width excludes the area +occupied by structural walls or columns. +            (iii)   In computing average sidewalk width, the surface area at +the corner is counted only once. +         (B)   In a CA-1-CP district, sidewalks must be constructed and +maintained in accordance with the following regulations. +            (i)   An average sidewalk width of 18 feet is required. +            (ii)   A minimum sidewalk width of 12 feet that is unobstructed by +any structure or planting is required. The 12-foot minimum sidewalk width may +be divided into seven- and five-foot minimum segments. +         (C)   In a CA-1-SP district, sidewalks must be constructed and +maintained in accordance with the following regulations. +            (i)   A building with a floor area ratio of more than 15 to one is +subject to the requirements of the CA-1-CP district in Subsection (c)(4)(B). +            (ii)   A building with a floor area ratio of 15 to one or less must +have an average sidewalk width of 15 feet and a minimum sidewalk width of nine +feet that is unobstructed by any structure or planting. +         (D)   In a CA-1 district without a CP or SP overlay district +designation, sidewalks must be constructed and maintained in accordance with +the following regulations: +            (i)   A building with a floor area ratio of more than 15 to one is +subject to the requirements of the CA-1-CP district in Subsection (c)(4)(B). +            (ii)   A building with a floor area ratio of 10 to one through 15 +to one must have an average sidewalk width of 15 feet and a minimum sidewalk +width of nine feet that is unobstructed by any structure. +            (iii)   All other buildings must provide a minimum sidewalk width +of 10 feet with seven feet unobstructed by any structure or planting. +   (d)   Special exception for tree preservation. +      (1)   The board may grant a special exception to the minimum front yard +requirements in this section to preserve an existing tree. +      (2)   In determining whether to grant this special exception, the board +shall consider the following factors: +         (A)   Whether the requested special exception is compatible with the +character of the neighborhood. +         (B)   Whether the value of surrounding properties will be adversely +affected. +         (C)   Whether the tree is worthy of preservation. +   (e)   Schedule of minimum front yards. +      (1)   Except as provided in this section, a person shall not erect, +alter, convert, or maintain a structure or part of a structure in violation of +the minimum front yard requirements of Section +51-4.410. (Ord. Nos. 16959; 17044; 17442; 17445; 17859; 19060; 19455; 20236; +20360; 22053; 26531; 30895; 30932) +SEC. 51-4.402.   MINIMUM SIDE YARD. +   (a)   General provisions. +      (1)   Required side yards must be open and unobstructed except for fences +and light poles 20 feet or less in height. Except as otherwise provided in this +section, ordinary projections of window sills, belt courses, cornices, and +other architectural features may not project more than 12 inches into the +required side yard. A fireplace chimney may project up to two feet into the +required side yard if its area of projection does not exceed 12 square feet. +Roof eaves may project up to three feet into the required side yard. Balconies +may not project into the required side yard. +      (2)   The side yard setback is measured from the side lot line of the +building site, except when a front yard is treated as a side yard, the setback +is measured from the lot line or the existing right-of-way, as determined by +the thoroughfare plan, for all thoroughfares except for minor streets, +whichever creates the greater setback. On minor streets, the setback is +measured from the lot line or the existing right-of-way, whichever creates the +greater setback. +         (A)   When city council by ordinance establishes a specific right-of- +way line for a street, the required setback is measured from that right-of-way +line. +      (3)   If a building is erected or altered to exceed 36 feet in height and +the building site is either perpendicularly contiguous to or, if a front yard +is treated as a side yard, perpendicularly across an adjoining street or alley +from an R, R(A), D, D(A), TH, TH(A), or CH district, an additional setback must +be provided that is equal to twice the total height of the building. The +additional setback is only required for that portion of a building that exceeds +36 feet in height. +      (4)   A unitary air conditioning unit may be located in the required side +yard, but not nearer than three feet to the property line.. +      (5)   The building official may approve a ramp that projects into the +required side yard to allow a handicapped person access to an existing single +family, duplex, or handicapped group dwelling unit use. The ramp must be +constructed with minimal encroachment and must be constructed to the applicable +accessibility standard as determined by the building official. Initial review +of a complete permit application for a ramp must be completed in 10 days. +   (b)   Side yard provisions for residential districts. +      (1)   In a single-family district, one required side yard may be reduced +below the setback required in Section +51-4.410, if the other side yard is increased to at least double the side yard +required in Section +51-4.410, subject to the following conditions: +         (A)   The minimum side yard between structures on contiguous lots must +not be less than the minimum side yard required in Section +51-4.410. +         (B)   To reduce the required side yard, a subdivision plat must be +approved by the commission and filed with the county clerk showing the location +of all building lines, and showing the proposed distances between the building +lines and property lines, streets lines, and alley lines. +         (C)   A person may not erect an accessory structure except for a +swimming pool and its appurtenances in the double side yard. +      (2)   In a residential district, if a structure specified in Section +51-4.408(a)(1) is erected or altered to exceed the maximum height allowed in +Section +51-4.410, an additional setback must be provided that is equal to one-half the +height of that portion of the building that exceeds 36 feet, up to a maximum +total setback of 50 feet. The additional setback is only required for that +portion of a building that exceeds 36 feet in height. In case of conflict +between Subsection (a)(3) and this provision, Subsection (a)(3) applies. +      (3)   In a residential district, a person need not provide a side yard +setback for a structure accessory to a residential use, including a generator, +if the structure: +         (A)   does not exceed 15 feet in height; and +         (B)   is located in the rear 30 percent of the lot. +Note: This paragraph does not apply to a front yard governed by the side yard +regulations in Section +51-4.402 (such as a front yard treated as a side yard on a corner lot). +      (4)   In a TH, multiple-family, O-1, O-2, commercial, or central area +district, a minimum of 15 feet between each group of eight single-family +structures must be provided by plat. +      (5)   If a TH district abuts a district that requires a greater side +yard, the side yard requirements of the more restrictive district apply to the +abutting side yard in the TH district. +      (6)   In a manufactured home district, no person may locate a +manufactured home nearer than 10 feet to the side line of any lot or stand, and +the minimum space between adjacent manufactured homes must be 20 feet. +      (7)   In an MF-3 or MF-4 district, if a building is erected or altered to +exceed 36 feet in height, an additional setback must be provided that is equal +to one-half of the total height of the building, up to a maximum setback of 50 +feet. In providing the additional setback, one side yard may be reduced up to +20 percent from the dimension required, if the other side yard setback is +increased by a distance equal to the reduction. The additional setback is only +required for that portion of a building that exceeds 36 feet in height. In case +of conflict between Subsection (a)(3) and this provision, Subsection (a)(3) +applies. +   (c)   Side yard provisions for nonresidential districts. +      (1)   In a nonresidential district, if a building is erected or altered +to exceed 36 feet in height and the building site is either perpendicularly +contiguous to or, if a front yard is treated as side yard, perpendicularly +across an adjoining street or alley from an MF-1, MF-1(A), MF-2, or MF-2(A) +district, an additional setback must be provided that is equal to one-half the +total height of the building, up to a maximum total setback of 50 feet. The +additional setback is only required for that portion of a building that exceeds +36 feet in height. +      (2)   Reserved. +      (3)   In an SC district, if a building site is adjacent to an R, R(A), D, +D(A), TH, TH(A), or CH district, a minimum side yard of 20 feet must be +provided. +      (4)   In an SC district, a minimum side yard of 20 feet must be provided +for the side yard of a building site with a nonresidential use that abuts a +residential district, as defined both in this chapter and in Chapter 51A, and +that side yard must comply with Subsections (a)(3) and (c)(1). +      (5)   In an LC, HC, I-2, or I-3 district, a minimum side yard of 10 feet +must be provided for the side yard of a building site with a nonresidential use +that abuts a residential district, as defined both in this chapter and in +Chapter 51A, and that side yard must comply with Subsections (a)(3) and (c)(1). +      (6)   In an O-1 district, one side yard may be reduced to zero if the +other side yard is increased to a minimum of 15 feet. When an O-1 district +abuts a residential district, as defined both in this chapter and in Chapter +51A, the side yards abutting the residential district must be: +         (A)   a minimum of 10 feet, if two side yards are provided; or +         (B)   a minimum of 15 feet, if only one side yard is provided. +      (7)   In an O-2, LO, MO, or GO district, if a nonresidential building is +erected or altered to exceed 36 feet in height, an additional setback must be +provided that is equal to one-half the total height of the building, up to a +maximum total setback of 50 feet. The additional setback is only required for +that portion of a building that exceeds 36 feet in height. In case of a +conflict between this provision and Subsections (a)(3) and (c)(1), Subsections +(a)(3) and (c)(1) apply. +      (8)   In an NS or GR district, a minimum setback of 20 feet must be +provided for that portion of a side yard of a building site with a +nonresidential use which abuts or is directly across an alley from: +         (A)   an R, R(A), D, D(A), TH, TH(A), or CH district; or +         (B)   that portion of a planned development district restricted to +single-family and/or duplex uses. +      (9)   In an NS or GR district, a minimum setback of 10 feet must be +provided for that portion of a side yard of a building site with a +nonresidential use which abuts or is directly across an alley from: +         (A)   an R, R(A), D, D(A), TH, TH(A), or CH district; or +         (B)   that portion of a planned development district restricted to +multiple-family and/or manufactured home uses. +      (10)   The minimum side yards required under Subsections (c)(8) and (c) +(9) must also comply with Subsections (a)(3) and (c)(1). +      (11)   In an NO, LO, MO, or GO district, a minimum setback of 20 feet +must be provided for that portion of a side yard of a building site which abuts +or is directly across an alley from: +         (A)   an R, R(A), D, D(A), TH, TH(A), or CH district; or +         (B)   that portion of a planned development district restricted to +single-family and/or duplex uses. +      (12)   In an NO, LO, MO, or GO district, a minimum setback of 10 feet +must be provided for that portion of a side yard of a building site which abuts +or is directly across an alley from: +         (A)   an A, A(A), MF, MF(A), MH, or MH(A) district; or +         (B)   that portion of a planned development district restricted to +multiple-family and/or manufactured home uses. +      (13)   The minimum side yards required under Subsections (c)(11) and (c) +(12) must also comply with Subsections (a)(3) and (c)(1). +      (14)   In an NO, LO, MO, or GO district, garbage collection and +mechanical equipment areas may not be located closer than 20 feet to the +nearest building site in an R, R(A), D, D(A), TH, TH(A), or CH district, or +that portion of a planned development district restricted to single-family and/ +or duplex uses. +   (d)   Special exception for tree preservation. +      (1)   The board may grant a special exception to the minimum side yard +requirements in this section to preserve an existing tree. +      (2)   In determining whether to grant this special exception, the board +shall consider the following factors: +         (A)   Whether the requested special exception is compatible with the +character of the neighborhood. +         (B)   Whether the value of surrounding properties will be adversely +affected. +         (C)   Whether the tree is worthy of preservation. +   (e)   Schedule of minimum side yards. +      (1)   Except as provided in this section, a person shall not erect, +alter, convert, or maintain a structure or part of a structure in violation of +the minimum side yard requirements of Section +51-4.410. (Ord. Nos. 17442; 17859; 18597; 18849; 19060; 19455; 20236; 20360; +22053; 30895) +SEC. 51-4.403.   MINIMUM REAR YARD. +   (a)   General provisions. +      (1)   Required rear yards must be open and unobstructed except for +fences. Except as otherwise provided in this section, ordinary projections of +window sills, belt courses, cornices, and other architectural features may not +project more than 12 inches into the required rear yard. A fireplace chimney +may project up to two feet into the required rear yard if its area of +projection does not exceed 12 square feet. Roof eaves may project up to three +feet into the required rear yard. Balconies may not project into the required +rear yard. +      (2)   The rear yard setback is measured from the rear lot line of the +building site. +      (3)   If a building is erected or altered to exceed 36 feet in height and +the building site is either perpendicularly contiguous to or perpendicularly +across from an adjoining alley from an R, R(A), D, D(A), TH, TH(A), or CH +district, an additional setback must be provided that is equal to twice the +total height of the building. The additional setback is only required for that +portion of a building that exceeds 36 feet in height. +      (4)   The building official may approve a ramp that projects into the +required rear yard to allow a handicapped person access to an existing single +family, duplex, or handicapped group dwelling unit use. The ramp must be +constructed with minimal encroachment and must be constructed to the applicable +accessibility standard as determined by the building official. Initial review +of a complete permit application for a ramp must be completed in 10 days. +   (b)   Rear yard provisions for residential districts. +      (1)   In a residential district, if a structure specified in Section +51-4.408(a)(1) is erected or altered to exceed the maximum height allowed in +Section +51-4.410, an additional setback must be provided that is equal to one-half the +height of that portion of the building that exceeds 36 feet, up to a maximum +total setback of 50 feet. The additional setback is only required for that +portion of a building that exceeds 36 feet in height. In case of a conflict +between Subsection (a)(3) and this provision, Subsection (a)(3) applies. +      (2)   In a residential district, a person need not provide a rear yard +setback for a structure accessory to a residential use, including a generator, +if: +         (A)   the structure does not exceed 15 feet in height; and +         (B)   the rear yard is not adjacent to an alley. +      (3)   In an MF-3 or MF-4 district, if a building is erected or altered to +exceed 36 feet in height, an additional setback must be provided that is equal +to one-half of the total height of the building, up to a maximum total setback +of 50 feet. In providing the additional setback, the rear yard may be reduced +up to 20 percent from the dimension required if the front yard is increased a +distance equal to the reduction. The additional setback is only required for +that portion of a building that exceeds 36 feet in height. In case of a +conflict between Subsection (a)(3) and this provision, Subsection (a)(3) +applies. +      (4)   In an MF-1 or MF-2 district, a minimum rear yard of 10 feet may be +provided when a building site backs upon an MF, MF(A), or nonresidential +district, as defined both in this chapter and in Chapter 51A, whether the two +districts are separated by an alley or not. The rear yard is subject to +Subsection (a)(3). +   (c)   Rear yard provisions for nonresidential districts. +      (1)   In a nonresidential district, if a building is erected or altered +to exceed 36 feet in height and the building site is either perpendicularly +contiguous to or perpendicularly across from an adjoining alley from an MF-1, +MF-1(A), MF-2, or MF-2(A) district, an additional setback must be provided that +is equal to one-half of the total height of the building, up to a maximum total +setback of 50 feet. The additional setback is only required for that portion of +a building that exceeds 36 feet in height. +      (2)   Reserved. +      (3)   In an O-2, LO, MO, or GO district, if a nonresidential building is +erected or altered to exceed 36 feet in height, an additional setback must be +provided that is equal to one-half the total height of the building, up to a +maximum total setback of 50 feet. The additional setback is only required for +that portion of a building that exceeds 36 feet in height. In case of a +conflict between this provision and Subsections (a)(3) and (c)(1), Subsections +(a)(3) and (c)(1) apply. +      (4)   In an SC district, a minimum rear yard of 20 feet must be provided +when a building site with a nonresidential use backs upon a residential +district, as defined both in this chapter and in Chapter 51A, whether the two +districts are separated by an alley or not. The rear yard is subject to +Subsections (a)(3) and (c)(1). +      (5)   In an NS, GR, LC, HC, or industrial district, a minimum rear yard +of 10 feet must be provided when a building site with a nonresidential use +backs upon a residential district, as defined both in this chapter and in +Chapter 51A, whether the two districts are separated by an alley or not. The +rear yard is subject to Subsections (a)(3) and (c)(1). +      (6)   In an NS or GR district, a minimum setback of 20 feet must be +provided for that portion of the rear yard of a building site with a +nonresidential use which abuts or is directly across an alley from: +         (A)   an R, R(A), D, D(A), TH, TH(A), or CH district; or +         (B)   that portion of a planned development district restricted to +single-family and/or duplex uses. +      (7)   In an NS or GR district, a minimum setback of 10 feet must be +provided for that portion of the rear yard of a building site with a +nonresidential use which abuts or is directly across an alley from: +         (A)   an A, A(A), MF, MF(A), MH, or MH(A) district; or +         (B)   that portion of a planned development district restricted to +multiple-family and/or manufactured home uses. +      (8)   The minimum rear yards required under Subsections (c)(6) and (c)(7) +must also comply with Subsections (a)(3) and (c)(1). +      (9)   In an NO, LO, MO, or GO district, a minimum setback of 20 feet must +be provided for that portion of the rear yard of a building site which abuts or +is directly across an alley from: +         (A)   an R, R(A), D, D(A), TH, TH(A), or CH district; or +         (B)   that portion of a planned development district restricted to +single-family and/or duplex uses. +      (10)   In an NO, LO, MO, or GO district, a minimum setback of 10 feet +must be provided for that portion of the rear yard of a building site which +abuts or is directly across an alley from: +         (A)   an A, A(A), MF, MF(A), MH, or MH(A) district; or +         (B)   that portion of a planned development district restricted to +multiple-family and/or manufactured home uses. +      (11)   The minimum rear yards required under Subsections (c)(9) and (c) +(10) must also comply with Subsections (a)(3) and (c)(1). +      (12)   In an NO, LO, MO, or GO district, garbage collection and +mechanical equipment areas may not be located closer than 20 feet to the +nearest building site in an R, R(A), D, D(A), TH, TH(A), or CH district, or +that portion of a planned development district restricted to single-family and/ +or duplex uses. +   (d)   Special exception for tree preservation. +      (1)   The board may grant a special exception to the minimum rear yard +requirements in this section to preserve an existing tree. +      (2)   In determining whether to grant this special exception, the board +shall consider the following factors: +         (A)   Whether the requested special exception is compatible with the +character of the neighborhood. +         (B)   Whether the value of surrounding properties will be adversely +affected. +         (C)   Whether the tree is worthy of preservation. +   (e)   Schedule of minimum rear yards. +      (1)   Except as provided in this section, a person shall not erect, +alter, convert, or maintain a structure or part of a structure in violation of +the minimum rear yard requirements of Section +51-4.410. (Ord. Nos. 17859; 18143; 18597; 18849; 19060; 19455; 20236; 20360; +22053; 30895) +SEC. 51-4.404.   MINIMUM LOT AREA FOR RESIDENTIAL USE. +   (a)   General provisions. +      (1)   A person shall not reduce a lot below the minimum area requirements +of this section, unless: +         (A)   the lot is replatted for a community unit development; or +         (B)   the city or other governmental agency reduces the lot size by +widening an abutting street. In this situation the minimum lot area is computed +on the basis of the original lot size before the street widening. +      (2)   The area requirements in a planned development district are +controlled by the planned development district regulations. +   (b)   Lot area provisions for manufactured home districts. +      (1)   In a MH district, a manufactured home must have the following +minimum lot area: +         (A)   1,500 square feet for a manufactured home on a transient stand; +or +         (B)   4,000 square feet for a manufactured home on a subdivided lot. +   (c)   Schedule of minimum yard area for residential use. +      (1)   Except as provided in this section, a person shall not erect, +alter, or convert any residential structure or part of a structure to have a +smaller lot area than is allowed in the minimum regulations of Section +51-4.410. (Ord. Nos. 18597; 20360) +SEC. 51-4.405.   MINIMUM LOT WIDTH FOR RESIDENTIAL USE. +   (a)   General provisions. +      (1)   A person may not reduce a lot below the minimum width requirements +of this section, unless: +         (A)   the lot is platted for a community unit development; or +         (B)   the city or other governmental agency reduces the lot size by +widening an abutting street. In this situation the minimum lot width is +computed on the basis of the original lot size before widening. +      (2)   The lot width requirements in a planned development district are +controlled by the planned development district regulations. +      (3)   The minimum lot width for a residential use is 10 feet, unless a +larger minimum lot width is specified in Section +51-4.410. +   (b)   Lot width provisions for MH districts. In an MH district, a +manufactured home must have the following minimum lot width: +      (1)   30 feet for a manufactured home on a transient stand; or +      (2)   40 feet for a manufactured home on a subdivided lot. +   (c)   Schedule of minimum lot width for residential use. Except as provided +in this section, a person shall not erect, alter, or convert any residential +structure or part of a structure to have a smaller lot width than is allowed in +the larger of the lot width required in this section or the lot width required +by the minimum regulations of Section +51-4.410. (Ord. Nos. 20360; 24731) +SEC. 51-4.406.   MINIMUM LOT DEPTH FOR RESIDENTIAL USE. +   (a)   General provisions. +      (1)   A person may not reduce a lot below the minimum depth requirements +of this section, unless: +         (A)   the lot is platted for a community unit development; or +         (B)   the city or other governmental agency reduces the lot size by +widening an abutting street. In this situation the minimum lot depth is +computed by the original lot size before the street widening. +      (2)   The depth requirements in a planned development district are +controlled by the planned development district regulations. +      (3)   The minimum lot depth for a residential use is 10 feet, unless a +larger minimum lot depth is specified in Section +51-4.401. +   (b)   Lot depth provisions for MH districts. In an MH district, a +manufactured home must have the following minimum lot depth: +      (1)   50 feet for a manufactured home on a transient stand; or +      (2)   80 feet for a manufactured home on a subdivided lot. +   (c)   Schedule of minimum lot depth for residential use. Except as provided +in this section, a person shall not erect, alter, or convert any residential +structure or part of a structure to have a smaller lot depth than is allowed in +the larger of this section or the minimum regulations of Section +51-4.410. (Ord. Nos. 20360; 24731) +SEC. 51-4.407.   MAXIMUM LOT COVERAGE. +   (a)   General provisions. +      (1)   In a residential, office, NS, SC, GR, or LC district, institutional +buildings may cover a maximum of 60 percent of the lot. +      (2)   Reserved. +      (3)   The maximum lot coverage requirements in a planned development +district are controlled by the planned development district regulations. +      (4)   The board may grant a special exception to increase the lot +coverage on a building site in an NO, LO, MO, or GO district by no more than 10 +percent if: +         (A)   the building site is more than 100 feet from an R, R(A), D, D +(A), TH, TH(A), or CH district, or that portion of a planned development +district restricted to single-family and/or duplex uses; +         (B)   the increase will not adversely affect neighboring property; and +         (C)   the building site is landscaped in accordance with a landscape +plan submitted to and approved by the board. The board may also impose +appropriate facade standards for off-street parking structures on the building +site as a condition to the granting of this special exception. +   (b)   Maximum lot coverage for residential districts. +      (1)   In a TH district, 80 percent of an individual lot may be covered by +structures, if the coverage for the total project does not exceed 60 percent +and at least 40 percent is reserved for open space. +   (c)   Schedule of maximum lot coverage. +      (1)   Except as provided in this section, a person shall not erect, +alter, or convert any structure or part of a structure to cover a greater +percentage of a lot than is allowed in Section +51-4.410. (Ord. Nos. 17812; 18849; 19455; 27404) +SEC. 51-4.408.   MAXIMUM BUILDING HEIGHT. +   (a)   Special height provisions. +   (1)   Structures for utility and service uses and institutional uses may be +erected to any height consistent with the Federal Aviation Administration air +space limitations and the building code, if setbacks are provided as required +by Sections +51-4.401, +51-4.402, and +51-4.403. However, local utility transmission and distribution lines and +supporting structures, and, as specified in this paragraph, mounted cellular +antennae are exempt from the setbacks required by Sections +51-4.401, +51-4.402, and +51-4.403. A mounted cellular antenna, as defined in Section +51-4.202(12), attached to a utility structure is exempt from the setbacks +required by Sections +51-4.401, +51-4.402, and +51-4.403 if the utility structure is greater than 65 feet in height. For +purposes of this subparagraph, a utility structure means an electrical +transmission distribution tower, an elevated water storage tank, and any other +structure operated by a municipality, a transit authority, or a certificated, +franchised, or licensed utility company in connection with provision of the +utility. +      (2)   In a district in which building height is limited to 36 feet or +less, the following structures may project a maximum of 12 feet above the +height specified in Section +51-4.410: +         (A)   structures on top of a building: +            (i)   elevator penthouse or bulkhead; +            (ii)   mechanical equipment room; +            (iii)   cooling tower; +            (iv)   tank designed to hold liquids; +            (v)   ornamental cupola or dome; +            (vi)   skylights; +            (vii)   clerestory; +            (viii)   visual screens which surround roof mounted mechanical +equipment; +            (ix)   chimney and vent stacks; +            (x)   amateur communications tower; and +            (xi)   parapet wall, limited to a height of four feet; and +         (B)   structures at grade level: +            (i)   amateur communications tower. +      (3)   The maximum building height requirements in a planned development +district are controlled by the planned development district regulations. The +maximum permitted height in a matrix district is established by the city +council at the time the district is created. +      (4)   In single-family, duplex, townhouse, MF-1, and MF-2 districts: +         (A)   no dormer eaves may project above the height specified in +Section +51-4.410; and +         (B)   the highest point of a structure with a gable, hip, gambrel, or +dome roof may not project more than 12 feet above the height specified in +Section +51-4.410. (See illustrations in Figure 1.) +FIGURE 1 +ILLUSTRATION OF SECTION 51-4.408(a)(4) +(Insert diagram here) +de   =   dormer eaves. +e   =   the lowest eaves of the structure. +g   =   grade (the average of the finished ground surface elevations measured +at the highest and lowest exterior corners of the structure) +g1 1    =   the lowest finished ground surface elevation at an exterior corner +of the structure. +g2 2    =   the highest finished ground surface elevation at an exterior corner +of the structure. +h1 3    =   the vertical distance measured from grade to the midpoint of the +vertical dimension between the lowest eaves and the highest ridge of the +structure. +h2 4    =   the vertical distance measured from grade to the highest point of +the structure. +r   =   the highest ridge and the highest point of the structure. +s   =   a sloping ground surface. +The height specified in Section +51-4.410 plus 12 feet is the maximum permitted vertical distance measured from +grade to the highest point of the structure. +Dormer eaves may not project above the height specified in Section +51-4.410. (Ord. 18481) +      (5)   In an SC district, the following additional height regulations +apply: +         (A)   The maximum building height in an SC district is 120 feet unless +the SC district boundary line does not touch at any point the boundary line of +a zoning district in which building height is limited to less than 240 feet, in +which case the maximum building height in the SC district is 240 feet. +         (B)   All portions of a building within 330 feet of private property +in an R, R(A), D, D(A), TH, TH(A), or CH district, or within 330 feet of that +portion of a planned development district restricted to single-family and/or +duplex uses, are limited to 60 feet in height. The distance measured is the +shortest distance between the building and the private property. +         (C)   For purposes of this subsection, “private property” means any +property not dedicated to public use, except that "private property" does not +include: +            (i)   a private street or alley; +            (ii)   property on which a utility and service use, as defined in +Section +51-4.202, is being conducted as a main use; and +            (iii)   a railroad right-of-way. +      (6)   In an NO, LO, MO, or GO district in which building height is +limited to 35 feet or less, the structures in Subsection (a)(2) may project a +maximum of four feet above the maximum permitted height established for the +district by the city council. +   (b)   Schedule of maximum building heights. +      (1)   Except as provided in this section, a person shall not erect, +alter, or convert any structure or part of a structure to exceed the maximum +height standards in Section +51-4.410. (Ord. Nos. 18481; 18597; 18849; 19455; 21000; 27404; 28072) +  +Notes +1   +2   +3   +4   +SEC. 51-4.409.   MAXIMUM FLOOR AREA RATIO. +   (a)   General provisions. +      (1)   Reserved. +      (2)   A basement is not counted in the computation of floor area ratio. +      (3)   The maximum floor area ratio requirements in a planned development +district are controlled by the planned development district regulations. The +maximum floor area ratio in a matrix district is established by the city +council at the time the district is created. +      (4)   Reserved. +      (5)   The maximum floor area ratio in the CA-1-CP and CA-1-SP districts +may be increased to 24 to 1 by the use of the building setback bonus provisions +in the front yard regulations. +      (6)   In an SC district, the maximum floor area ratio for office uses, as +defined in Section +51-4.210(1), is .75 to 1, and the maximum floor area ratio for all uses +combined is 1 to 1. +      (7)   In an I-2 district, a specific use permit is required to authorize +a floor area ratio greater than 4:1. +   (b)   Schedule of maximum floor area ratio. +      (1)   Except as provided in this section, a person shall not erect or +alter any structure or part of a structure to exceed the maximum floor area +ratio in Section +51-4.410. (Ord. Nos. 16959; 18597; 18849; 18920; 20361) +SEC. 51-4.410.   SCHEDULE OF YARD, LOT, AND SPACE REGULATIONS. +   The following charts comprise the schedule of yard, lot, and space +regulations for purposes of this division. (Ord. 18920) +YARD, LOT, AND SPACE CHART (PDF) +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9856.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9854.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9852.png] +[https://export.amlegal.com/media/d0f247ca34a1095a8a5a1d1c524d0b92c56b82db/ +IMAGES/0-0-0-9850.png] +  +SEC. 51-4.411.   MAXIMUM DENSITIES FOR RESIDENTIAL USES. +   (a)   Density provisions for residential districts. +      (1)   In a TH-1 district, no more than six dwelling units for each acre +are allowed. +      (2)   In a TH-2 district, no more than nine dwelling units for each acre +are allowed. +      (3)   In a TH-3 district, no more than 12 dwelling units for each acre +are allowed. +      (4)   In a TH-4 district, no more than 15 dwelling units for each acre +are allowed. +   (b)   Density provisions for nonresidential districts. +      (1)   In an SC district, no more than 15 dwelling units for each acre are +allowed. +      (2)   In an NS district that abuts an R, R(A), D, D(A), TH, TH(A), or CH +district, or that abuts that portion of a planned development district +restricted to single-family and/or duplex uses, no more than 15 dwelling units +for each acre are allowed. (Ord. Nos. 18597; 19455) +SEC. 51-4.412.   SHARED ACCESS DEVELOPMENT. +   This section incorporates by reference the language of Section 51A-4.411 of +Chapter 51A, “DALLAS DEVELOPMENT CODE: ORDINANCE NO. 19455,” of the Dallas City +Code, as that section exists today and as it may be amended in the future. +(Ord. 24731) +Division 51-4.500 +Overlay and Conservation District Regulations. +(Title, Ord. 19045) +SEC. 51-4.501.   HISTORIC OVERLAY DISTRICT. +   This section incorporates by reference the language of Section 4.501 of +CHAPTER 51A, “PART II OF THE DALLAS DEVELOPMENT CODE,” of the Dallas City Code, +as that section exists today and as it may be amended in the future. (Ord. Nos. +17243; 17654; 17655; 17656; 17838; 18211; 19455; 19499; 23506) +SEC. 51-4.502.   INSTITUTIONAL OVERLAY DISTRICT. +   (a)   General provisions. +      (1)   The institutional overlay district promotes cultural, educational, +and medical institutions, and enhances their benefit to the community while +protecting adjacent property. +      (2)   Institutional uses in this section include community service, +religious, medical, and educational (excluding business and technical schools) +uses, and may be permitted in an institutional overlay district. +      (3)   All uses permitted in the underlying zoning district are allowed in +an institutional overlay district. +      (4)   The zoning regulations of the underlying zoning district are +applicable to an institutional overlay district unless otherwise provided in +this section. +   (b)   Special yard, lot, and space regulations. +      (1)   In an institutional overlay district, institutional buildings over +36 feet in height are not subject to additional setback requirements except: +         (A)   Additional setbacks, if any, for institutional buildings greater +than 36 feet in height may be established by the site plan process. +         (B)   If a building is erected or altered to exceed 36 feet in height, +and if the building is adjacent to an R, R(A), D, D(A), TH, TH(A), or CH +district, an additional setback must be provided that is equal to the height of +that portion of the building that exceeds 36 feet in height. The additional +setback is only required for that portion of the building that exceeds 36 feet +in height. +      (2)   Buildings in an institutional overlay district must comply with +applicable height regulations. +   (c)   Special parking regulations. +      (1)   Required off-street parking for institutional uses may be located +anywhere within the boundaries of the institutional overlay district or outside +the district if the parking meets the requirements of Section +51-4.301(a)(11). +      (2)   Not more than 20 percent of the required off-street parking spaces +for institutional uses may be located outside the institutional overlay +district if the remote off-street parking spaces are: +         (A)   within one-half mile of the facility to be served; +         (B)   consolidated under one certificate of occupancy with the +facility to be served; +         (C)   located in a district zoned for a commercial parking lot or +garage use; and +         (D)   supplied with adequate transportation access for the users of +the institutional facilities. The means of transportation access must be other +than walking, private automobile, or public transportation if the parking is +farther than 300 feet from the facility to be served. +      (3)   The applicant for remote parking must submit a legal document that +guarantees the availability of the remote spaces and the modes of +transportation other than walking, private automobile, or public +transportation, that are available to the users of the remote parking. +   (d)   Procedures for establishing an institutional overlay district. This +subsection incorporates by reference the language of Subsection (d), +“Procedures for Establishing an Institutional Overlay District,” of Section +51A-4.502, “Institutional Overlay District,” of Chapter 51A of the Dallas City +Code, as amended, as that subsection exists today and as it may be amended in +the future. +   (e)   Site plan process. This subsection incorporates by reference the +language of Subsection (e), “Site Plan Process,” of Section 51A-4.502, +“Institutional Overlay District,” of Chapter 51A of the Dallas City Code, as +amended, as that subsection exists today and as it may be amended in the +future. (Ord. Nos. 17226; 17393; 19455; 27404) +SEC. 51-4.503.   D AND D-1 LIQUOR CONTROL OVERLAY DISTRICTS. +   This section incorporates by reference the language of Section 51A-4.503, “D +and D-1 Liquor Control Overlay Districts,” of Chapter 51A of the Dallas City +Code, as amended, as that section exists today and as it may be amended in the +future. (Ord. Nos. 18040; 21735; 27404) +SEC. 51-4.504.   DEMOLITION DELAY OVERLAY DISTRICT. +This section incorporates by reference the language of Section 51A-4.504 of +Chapter 51A of the Dallas Development Code, as amended. (Ord. Nos. 27404; +28072; 29893) +SEC. 51-4.505.   CONSERVATION DISTRICTS. +   This section incorporates by reference the language of Section 51A-4.505 of +CHAPTER 51A of the Dallas City Code, as that section exists today and as it may +be amended in the future. (Ord. Nos. 19045; 19930; 20037; 24843) +SEC. 51-4.506.   MODIFIED DELTA OVERLAY DISTRICT. +   This section incorporates by reference the language of Section 51A-4.506, +���Modified Delta Overlay District,” of Chapter 51A of the Dallas City Code, as +amended, as that section exists today and as it may be amended in the future. +(Ord. Nos. 19453; 27404) +SEC. 51-4.507.   NEIGHBORHOOD STABILIZATION OVERLAY. +   This section incorporates by reference the language of Section 51A-4.507 of +Chapter 51A of the Dallas City Code, as amended. (Ord. 26161) +SEC. 51-4.508.   TURTLE CREEK ENVIRONMENTAL CORRIDOR. +   This section incorporates by reference the language of Section 51A-4.508 of +CHAPTER 51A, “DALLAS DEVELOPMENT CODE: ORDINANCE NO. 19455, AS AMENDED,” of the +Dallas City Code, as amended. (Ord. Nos. 26026; 26248) +SEC. 51-4.509.   ACCESSORY DWELLING UNIT OVERLAY. +This section incorporates by reference the language of Section 51A-4.510 of +Chapter 51A of the Dallas Development Code, as amended. (Ord. 30931) +Division 51-4.600 +District Regulations of Special Applicability. +SEC. 51-4.601.   CREATION OF A BUILDING SITE. +   This section incorporates by reference the language of Section 51A-4.601 of +CHAPTER 51A, “DALLAS DEVELOPMENT CODE; ORDINANCE NO. 19455, AS AMENDED,” of the +Dallas City Code. (Ord. Nos. 17328; 25809) +SEC. 51-4.602.   FENCE, SCREENING, AND VISUAL OBSTRUCTION REGULATIONS. +   This section incorporates by reference the language of Section 51A-4.602, +“Fence, Screening, and Visual Obstruction Regulations,” of Division 51A-4.600, +“Regulations of Special Applicability,” of Article IV, “Zoning Regulations,” of +CHAPTER 51A, “PART II OF DALLAS DEVELOPMENT CODE,” of the Dallas City Code, as +that section exists today and as it may be amended in the future. (Ord. Nos. +18849; 19062; 19455; 20236; 20362; 20539; 22994; 25831) +SEC. 51-4.603.   USE OF A CONVEYANCE AS A BUILDING. +   This section incorporates by reference the language of Section 51A-4.603 of +CHAPTER 51A, “PART II OF DALLAS DEVELOPMENT CODE,” as that section exists today +and as it may be amended in the future. (Ord. Nos. 17034; 20360; 22759) +SEC. 51-4.604.   RESTRICTIONS ON ACCESS THROUGH A LOT. +   This section incorporates by reference the language of Section 51A-4.604, +“Restrictions on Access through a Lot,” of Chapter 51A of the Dallas City Code, +as amended, as that section exists today and as it may be amended in the +future. (Ord. Nos. 17442; 20238; 27404) +SEC. 51-4.605.   DESIGN STANDARDS. +   This section incorporates by reference the language of Section 51A-4.604, +“Design Standards,” of Chapter 51A of the Dallas City Code, as amended, as that +section exists today and as it may be amended in the future. (Ord. Nos. 25785; +27404) +Division 51-4.700 +Zoning Procedures. +   This division incorporates by reference the language of Division 51A-4.700, +“Zoning Procedures,” of CHAPTER 51A, “PART II OF THE DALLAS DEVELOPMENT CODE,” +as that division exists today and as it may be amended in the future. (Ord. +Nos. 16170; 17048; 17403; 17651; 17652; 17810; 18849; 18934; 19455; 19809; +19872; 19935; 20037; 20307; 20381; 20412; 20926; 21553; 22053; 22389) +Division 51-4.800 +Development Impact Review. +SEC. 51-4.801.   PURPOSE. +   The general objectives of this division are to promote and protect the +health, safety, and general welfare of the public through the establishment of +an administrative review procedure for certain proposed development considered +likely to significantly impact surrounding land uses and infrastructure needs +and demands. Development impact review should occur before the developer has +completed a full set of working drawings for submission as part of an +application for a building permit. As part of the review procedure, the +developer may be required to submit a site plan indicating building siting and +layout, buffering, landscaping, usable open space, access, lighting, loading, +and other specific data. Site plan review is not intended to mandate aesthetics +of design, nor is it intended to alter basic development standards such as +floor area ratio, density requirements, height, setbacks, and coverage. (Ord. +18921) +SEC. 51-4.802.   DEFINITIONS. +   In this article: +      (1)   BUILDING ENVELOPE means the three dimensional form within which the +horizontal and vertical elements of a building are contained. +      (2)   CALIPER means the diameter of the trunk measured six inches above +ground level, up to and including four-inch-caliper size, and measured 12 +inches above ground level if the measurement, taken at six inches above ground +level, exceeds four inches. If a tree is of a multi-trunk variety, the caliper +of the tree is the average caliper of all of its trunks. +      (3)   ESTIMATED TRIP GENERATION means the total number of vehicle trips +generated by one or more uses on the lot derived from calculations based +exclusively on trip generation assumptions contained in Table 1 in Section +51-4.803. (Ord. 18921) +SEC. 51-4.803.   SITE PLAN REVIEW. +   (a)   When a site plan is required. +      (1)   Except as otherwise provided in Subsections (a)(3) and (a)(4), a +site plan must be submitted in accordance with the requirements of this section +before an application is made for a permit for work on an individual lot if: +         (A)   the lot is in a district or subdistrict listed in Subsection (a) +(2); and +         (B)   the estimated trip generation for all uses on the lot +collectively is equal to or greater than 6,000 trips per day and 500 trips per +day per acre. (See Table 1 to calculate estimated trip generation.) +      (2)   The districts and subdistricts listed for purposes of Subsection +(a)(1) are: +         (A)   all nonresidential zoning districts except central area +districts; and +         (B)   SC, GR, LC, HC, O-2, and industrial subdistricts in the Oak Lawn +Special Purpose District (Planned Development District No. 193). +TABLE 1 +TRIP GENERATION ASSUMPTIONS +USE TRIPS PER DAY +INDUSTRIAL USES 6.97 per 1,000 gsf +LODGING USES 10.50 per room +OFFICE USES +Financial institution without drive-in 140.61 per 1,000 gsf +Financial institution with drive-in 265.21 per 1,000 gsf +Other by floor area: +10,000 gsf or less 24.60 per 1,000 gsf +over 10,000 to 50,000 gsf 16.58 per 1,000 gsf +over 50,000 to 100,000 gsf 14.03 per 1,000 gsf +over 100,000 to 150,000 gsf 12.71 per 1,000 gsf +over 150,000 to 200,000 gsf 11.85 per 1,000 gsf +RESIDENTIAL USES +Single Family 9.55 +Other 6.59/dwelling unit +RETAIL AND PERSONAL SERVICE USES +General merchandise over 3,500 sq.ft. 177.59 per 1,000 gsf +General merchandise under 3,500 sq. ft. 737.99 per 1,000 gsf +Restaurant without drive-in 205.36 per 1,000 gsf +Restaurant with drive-in 786.22 per 1,000 gsf +Other: +10,000 gsf or less 167.59 per 1,000 gsf +over 10,000 to 50,000 gsf 91.65 per 1,000 gsf +over 50,000 to 100,000 gsf 70.67 per 1,000 gsf +over 100,000 to 150,000 gsf 62.59 per 1,000 gsf +over 150,000 to 200,000 gsf 54.50 per 1,000 gsf +WHOLESALE, DISTRIBUTION, AND STORAGE USES +Mini-warehouse 2.61 per 1,000 gsf +Warehouse 4.88 per 1,000 gsf +"gsf" means gross square feet. These rates are based on the ITE Trip +Generation Report, 5th edition, January, 1991. Rates for uses and floor areas +not listed shall be based on the ITE Trip Generation Report. Rates for uses +and floor areas not listed in the ITE Trip Generation Report shall be +determined by the Director of Transportation based on a survey of similar +existing uses. +  +      (3)   A site plan is not required under Subsection (a)(1) if the permit +is only needed for: +         (A)   restoration of a building that has been damaged or destroyed by +fire, explosion, flood, tornado, riot, act of the public enemy, or accident of +any kind. For purposes of this subsection, “restoration” means the act of +putting back into a former or original state; or +         (B)   construction work that does not change the use or increase the +existing building height, floor area ratio, or nonpermeable coverage of the +lot. +      (4)   If a site plan is included as part of an ordinance establishing the +zoning classification of a lot, or if a site plan is approved by official +action of the board of adjustment as a condition to the granting of a variance +or special exception on the lot, then no site plan is required to be submitted +or approved under this section if the record also reflects that: +         (A)   traffic signals, turn lanes, additional lanes, or other public +infrastructure improvements were, or are required to be, constructed or paid +for by the owner in connection with the passage of the ordinance or the +granting of the variance or special exception; and +         (B)   if the lot would otherwise be subject to the residential +adjacency standards of this section, the approving body considered the impact +of the development on surrounding land uses. +      (5)   The building official shall not issue a permit authorizing work for +which a site plan is required under Subsection (a)(1) unless the site plan has +been approved by: +         (A)   the director; or +         (B)   the city plan commission as part of the appeal process. +   (b)   Application for review. An application for review of a site plan +required under this section must be filed with the director on a form furnished +by the city for that purpose. The application must contain the following: +      (1)   The name, address, telephone number, and signature of the +applicant. If the applicant is not the owner of the lot, he must submit a +letter from the owner authorizing him to act on the owner's behalf. +      (2)   The name, address, and telephone number of the owner of the lot. If +there is more than one owner, the names, addresses, and telephone numbers of +all owners must be provided. +      (3)   The street address and complete legal description of the lot. +      (4)   A brief description of all existing and proposed uses on the lot. +      (5)   Any other reasonable and pertinent information that the director +determines to be necessary for site plan review. +   (c)   Site plan submission. A site plan submission under this section must +include one reproducible print (backline polyester film or equal) with five +folded blueline or blackline copies, and one 8-1/2 inch by 11 inch clear film +positive. The print and copies must have a scale of one inch equals 100 feet or +larger (e.g. one inch equals 50 feet, one inch equals 40 feet, etc.) and be on +a standard drawing sheet of a size not to exceed 36 inches by 48 inches. +   (d)   Site plan requisites. +      (1)   In general. A site plan submitted for review under this section +must: +         (A)   include a location diagram showing the position of the lot in +relation to surrounding streets in the city's major street network; +         (B)   contain title block and reference information pertaining to the +lot and plan, including the name of the project, the names of the persons +responsible for preparing the plan, the zoning classification of the lot, the +scale of the plan (both numeric and graphic), and the date of submission, with +provision for dating revisions; +         (C)   show the dimensions of the lot, and indicate lot area in both +square feet and acres; +         (D)   show or describe the building envelope for each existing and +proposed building on the lot; +         (E)   show the location of all existing streets, alleys, easements for +street purposes, utility and other easements, floodway management areas, and +the 100-year flood plain, if applicable; +         (F)   show all areas proposed for dedication or reservation; +         (G)   show zoning setback and building lines for each existing and +proposed building on the lot; +         (H)   show all existing and proposed points of ingress and egress and +estimated peak hour turning movements to and from existing and proposed public +and private streets and alleys; +         (I)   show all existing and proposed median cuts and driveways located +within 250 feet of the lot; +         (J)   show all existing and proposed off-street parking and loading +areas, indicating the general dimensions of parking bays, aisles, and +driveways, and the number of cars to be accommodated in each row of parking +spaces; +         (K)   show all existing and proposed provisions for pedestrian +circulation on the lot, including sidewalks, walkways, crosswalks, and +pedestrian plazas; +         (L)   indicate average daily traffic counts on adjacent streets and +illustrate estimated peak hour turning movements at intersections located +within 250 feet of the lot; +         (M)   show the location and indicate the type of any special traffic +regulation facilities proposed or required; +         (N)   show the existing and proposed topography of the lot using +contours at intervals of two feet or less. Existing contours must be shown with +dashed lines; proposed contours must be shown with solid lines; +         (O)   show the existing and proposed locations for municipal solid +waste containers and receptacles; +         (P)   show surrounding properties and the approximate location of +buildings within a distance of 250 feet of the lot, indicating their zoning +district classification. Surrounding properties may be drawn at a smaller scale +than that required under Subsection (c); +         (Q)   show locations, calipers, and names (both common and scientific) +of all trees near proposed construction activity; and +         (R)   contain any other reasonable and pertinent information that the +director determines to be necessary for site plan review. +      (2)   Residential adjacency items. If the lot has a residential adjacency +as defined in Subsection (d)(3) and is not in the Oak Lawn Special Purpose +District (Planned Development District No. 193), the site plan must: +         (A)   show the existing and proposed locations for all building +entrances, exits, service areas, and windows; +         (B)   show the location and indicate the type, size, and height of +perimeter fencing, screening, and buffering elements proposed or required; +         (C)   show all provisions to be made to direct and detain storm water +and to mitigate erosion both during and following the completion of +construction; +         (D)   show the location and indicate the type, orientation, size, and +height of light standards which will illuminate any portion of a required yard; +         (E)   show the location of existing and proposed signs; and +         (F)   contain any other reasonable and pertinent information that the +director determines to be necessary for site plan review. +      (3)   For purposes of this section, a lot has a residential adjacency +when: +         (A)   the lot is adjacent to or directly across: +            (i)   a street 64 feet or less in width; or +            (ii)   an alley; +from an R, R(A), D, D(A), TH, TH(A), or CH district; or +         (B)   an existing or proposed building or structure on the lot is +within 330 feet of a lot in an R, R(A), D, D(A), TH, TH(A), or CH zoning +district. +      (4)   For purposes of this section, any identifiable portion of a planned +development (PD) district governed by a distinct set of use regulations is +treated as though it were a separate zoning district. If the PD district or a +portion of the district is limited to those uses permitted in an expressly +stated zoning district, the PD district or portion of the district is treated +as if it were that expressly stated zoning district; otherwise it is treated as +if it were: +         (A)   a duplex zoning district if it is restricted to single-family +uses in detached structures and/or duplex uses; +         (B)   an MF-2 zoning district if it is restricted to residential uses +and allows single-family uses in attached structures or multiple-family uses +not exceeding 36 feet in height; +         (C)   an MF-3 zoning district if it is restricted to residential uses +and allows single-family uses in attached structures or multiple-family uses +exceeding 36 feet in height; or +         (D)   a nonresidential zoning district if it allows a nonresidential +use. +      (5)   The following information, in addition to being shown graphically, +must be separately tabulated in a conspicuous place on the plan for quick and +easy reference: +         (A)   Lot area in square feet and acres. +         (B)   Total building floor area and floor area for each use on the lot +in square feet. +         (C)   Floor area ratio of the lot. +         (D)   Square footage and percentages of building coverage and +nonpermeable coverage of the lot. +         (E)   Number of parking spaces required and number of parking spaces +provided. +         (F)   Zoning classification of the lot. +   (e)   Review by the director. +      (1)   Upon the filing of a complete application for review of a site plan +and a complete site plan submission, the director shall promptly forward one +copy of each to the directors of transportation, public works, and health and +human services for their review and comments. The directors of transportation, +public works, and health and human services shall review the application and +submission and return written recommendations to the director within 15 +calendar days of the filing date. +      (2)   The director shall make a decision regarding the application and +submission within 30 calendar days of the filing date. That decision must take +one of three forms: +         (A)   Approval, no conditions. +         (B)   Approval, subject to conditions noted. +         (C)   Denial. +      (3)   If the director fails to make a decision regarding the application +and submission within 30 calendar days of the filing date, the application and +submission are considered to be approved subject to compliance with all +applicable city codes, ordinances, rules, and regulations. +      (4)   The time periods in Subsections (e)(1), (e)(2), and (e)(3) do not +begin to run until the applicant provides all of the information required in +Subsections (b), (c), and (d). In cases where the director requests additional +information within 10 calendar days of the filing date, the time periods in +Subsections (e)(1), (e)(2), and (e)(3) do not begin to run until the applicant +provides the additional information. +      (5)   If the director denies an application or submission, he shall state +in writing the specific reasons for denial. If he approves an application or +submission subject to conditions, he shall state in writing the specific +requirements to be met before issuance of a permit to authorize work on the +lot. +   (f)   Grounds for denial. +      (1)   In general. The director shall deny a site plan application or +submission under this section if: +         (A)   it does not contain sufficient information to allow for site +plan review; or +         (B)   the site plan does not comply with all applicable city codes, +ordinances, rules, or regulations. +      (2)   Infrastructure standards. +         (A)   Except as otherwise provided in Subsection (g), the director +shall deny a site plan under this section if: +            (i)   the provisions for vehicular loading and unloading or +parking, or for vehicular or pedestrian circulation, will create hazards to +safety or will impose a significant burden upon public facilities which can be +avoided or substantially mitigated by reasonable modifications in the plan, or +            (ii)   the owner of the lot refuses to comply with one or more of +the following development related infrastructure cost-sharing requirements: +               (aa)   The owner shall pay for a proportion of the cost of +traffic signal upgrade for an intersection within a distance of 250 feet of the +lot according to the following ratio: +                   __A__ +                  A + B +Where A represents projected traffic using the intersection generated by the +owner's development, and B represents current traffic counts at the +intersection. Values for both A and B are determined by the director of +transportation. +               (bb)   The owner shall pay for a proportion of the cost of +constructing right and left turn lanes and bus turnouts that are in part +necessitated by his development according to the following ratio: +                   C__ +                  C + D +Where C represents projected demand for the lanes and turnouts generated by the +development, and D represents current demand for the lanes and turnouts. Values +for both C and D are determined by the director of transportation. +               (cc)   The owner shall pay the entire construction cost of those +stacking lanes which the director of transportation determines are necessitated +by his development. +               (dd)   The owner shall grant to the city easements for those +right and left turn lanes, stacking lanes, and bus turnouts which the director +of transportation determines are necessitated by his development. +         (B)   In cases where the owner is responsible for the entire cost of +an infrastructure improvement, the director may allow the owner to construct +the improvement upon entering into a private development contract satisfactory +to the city. The contract must contain terms and conditions stated on forms +provided by the director and approved by the city attorney. The contract must +include performance and payment bonds acceptable as to form by the city +attorney, and be executed by the owner and at least one corporate surety +authorized to do business in the state of Texas. In addition, the owner shall +provide adequate financial assurance that funds will be available to construct +the improvement, which may consist of a letter of credit or other instrument +payable to the city of Dallas. +         (C)   In cases where the owner is responsible for a proportion of the +cost of an infrastructure improvement, the owner shall submit payment in the +form of cash or a letter of credit to the building official before issuance of +a permit to authorize work on the lot. Cash payments must be credited to +separate interest-bearing accounts and used only for financing construction of +the specified improvements. If none of the funds collected are spent on the +specified improvements within five years after the date of collection, the +funds must be returned to the present owner of the lot together with interest +accrued at the city's investment rate during the five-year period, less +administrative costs. +      (3)   Residential adjacency standards. If the lot has a residential +adjacency as defined in Subsection (d)(3) and is not in the Oak Lawn Special +Purpose District (Planned Development District No. 193), the director shall +also review the site plan for compliance with these neighborhood protection +standards and, except as otherwise provided in Subsection (g), shall deny the +site plan if: +         (A)   the location of existing or proposed buildings, structures, or +equipment on the lot will be detrimental or injurious to each other or to +surrounding development, or will impose an undue burden on public facilities, +and the detrimental or injurious results or undue burden can be avoided or +substantially mitigated by reasonable modifications in the plan; +         (B)   development of the lot will create a soil or drainage problem +which can be avoided or substantially mitigated by reasonable modifications in +the plan; +         (C)   the proposed on-site fencing, screening, or buffering elements +do not provide adequate protection to adjacent property, and adequate +protection can be provided by reasonable modifications in the plan; or +         (D)   the exterior lighting to be provided on the lot will create a +hazard to motorists on an adjacent public or private street or alley, or will +damage or diminish the value or usability of adjacent property. +      (4)   If the director denies a site plan under this section, he shall +state in writing the specific reasons for denial. +   (g)   Approval subject to conditions noted. As an alternative to denial of a +site plan under Subsection (f), the director may approve the site plan subject +to conditions noted if compliance with all conditions will eliminate what would +otherwise constitute grounds for denial. If the director approves the site plan +subject to conditions noted, he shall state in writing the specific +requirements to be met before issuance of a permit to authorize work on the +lot. +   (h)   Approval, no conditions. If there are no grounds for denial of a site +plan under Subsection (f), the director shall approve the site plan with no +conditions. +   (i)   Appeals. +      (1)   The applicant may appeal the following decisions made by the +director: +         (A)   Denial of an application or site plan submission. +         (B)   Approval of an application or site plan submission subject to +conditions noted. +      (2)   An appeal must be made within 10 days after notice is given to the +applicant of the director's decision. +      (3)   An appeal is made by filing a written request with the director for +review by the city plan commission. +      (4)   Decisions of the commission are final as to available +administrative remedies and are binding on all parties. +      (5)   If the commission fails to make a decision on the appeal within 30 +calendar days of the date that the written request is filed with the director, +the application and submission are considered to be approved subject to +compliance with all other applicable city codes, ordinances, rules, and +regulations. +   (j)   Validity of approved site plan. An approved site plan is valid for a +period of two years. If a permit to authorize work on the lot has not been +obtained upon expiration of the two-year period, a new site plan submission is +required. +   (k)   Effect of approved site plan. The approval of a site plan by the +director or commission does not result in the vesting of development rights, +nor does it permit the violation of any city ordinance or state law, nor does +it preclude the building official from refusing to issue a permit if he +determines that plans and specifications do not comply with applicable laws and +ordinances (including ordinance amendments made after site plan approval), or +that the work described in the application for the permit does not conform to +the requirements of the construction codes. (Ord. Nos. 18921; 19455; 19929; +20037; 21760; 22053; 28073) +ARTICLE V. +FLOOD PLAIN AND ESCARPMENT ZONE REGULATIONS. +   This article incorporates by reference the language of Article V, “Flood +Plain and Escarpment Zone Regulations,” of CHAPTER 51A, “PART II OF THE DALLAS +DEVELOPMENT CODE,” of the Dallas City Code, as that article exists today and as +it may be amended in the future. (Ord. Nos. 13470; 17226; 17393; 17482; 18008; +18755; 19280; 19686; 20360; 22920; 26000) +ARTICLE VI. +ENVIRONMENTAL PERFORMANCE STANDARDS. +SEC. 51-6.101.   DEFINITIONS APPLICABLE TO THE ENVIRONMENTAL PERFORMANCE +STANDARDS. +   The following definitions are applicable to the environmental performance +standards in this article: +      (1)   A-WEIGHTED SOUND LEVEL means the sound pressure level in decibels +as measured on a sound level meter using the A-weighing network. The level so +read is designated dB(A) or dBA. +      (2)   BACKGROUND NOISE means noise from all sources other than that under +specific consideration including traffic operating on public thoroughfares, and +is established by measuring the noise level over an eight-minute period of +time. +      (3)   BOUNDING LOT LINE means the far side of any street, alley, stream +or other permanently dedicated open space from the stationary source when such +open space exists between the lot line of the stationary source and adjacent +property. When no such open space exists, the common line between two parcels +of property shall be interpreted as the bounding lot line. +      (4)   CONSTRUCTION means any phase of the on-site erection, including +excavation, demolition, alteration, or repair, of any building or structure +which is designed to be used on that site. +      (5)   DAYTIME means the hours between 7:00 a.m. and 10:00 p.m. on any +given day. +      (6)   DECIBEL (dB) means a unit for measuring the volume of a sound, +equal to 20 times the logarithm to the base 10 of the ratio of the pressure of +the sound measured to the reference pressure, which is 20 micropascals (20 +Micronewtons per square meter). +      (7)   EQUIVALENT SOUND PRESSURE LEVEL (Leg) means the time weighted, mean +square, A-weighted sound pressure level. +      (7.1)   LEGAL HOLIDAY means New Year’s Day (January 1), Memorial Day +(observed date), Fourth of July (July 4), Labor Day (observed date), +Thanksgiving Day (observed date), and Christmas Day (December 25). +      (8)   MOBILE SOURCE means sound pressure created by motorized vehicles +designed to operate on public rights-of-way, including, but not limited to, +automobiles and aircraft. +      (9)   NOISE means any sound which annoys or disturbs humans or which +causes or tends to cause an adverse psychological or physiological effect on +humans. +      (10)   NOISE DISTURBANCE means any sound which (a) endangers or injures +the safety or health of humans or animals, or (b) annoys or disturbs a +reasonable person of normal sensitivities, or (c) endangers or injures personal +or real property. +      (11)   PERMISSIBLE SOUND PRESSURE LEVEL means the equivalent sound +pressure level (Leg) averaged over an eight-minute period of time. +      (12)   PERSON means any individual, association, partnership, or +corporation, and includes any officer, employee, department, agency, or +instrumentality of a state or any political subdivision of a state. +      (13)   PROPERTY means all contiguous land and any fixed or moveable +object on such land, under common ownership, irrespective of leasehold or other +interest. +      (14)   RETAIL DISTRICTS means the NS, SC, and GR districts. +      (15)   SOUND means the weighted sound pressure level obtained by the use +of a sound level meter and frequency weighting network, such as A, B, or C, as +specified in American National Standards Institute specifications for sound +level meters (ANSI S1.4-1971, or the latest approved revision thereof). If the +frequency weighting employed is not indicated, the A-weighting shall apply. +      (16)   SOUND LEVEL METER means an instrument which includes a microphone, +amplifier, RMS detector, integrator or time averager, output meter, and +weighting networks used to measure sound pressure levels. +      (17)   SOUND PRESSURE means the instantaneous difference between the +actual pressure and the average or barometric pressure at a given point in +space, as produced by sound energy. +      (18)   SOUND PRESSURE LEVEL means 20 times the logarithm to the base 10 +of the ratio of the RMS sound pressure to the reference pressure of 20 +micropascals (20 x 10- 1 6 2 N/m2 3 ). The sound pressure level is denoted Lp +or SPL and is expressed in decibels. +      (19)   SPECIAL EVENTS means all public and private school related +activities and all events where a special events permit is issued by the city +of Dallas. +      (20)   STATIONARY SOURCE means the point of origin of any noise emitted +from a property. Multiple sources on a property shall be treated as a single +source. +      (21)   TIME WEIGHTED means an established period of time during which the +sound pressure levels are averaged. (Ord. Nos. 17501; 18849; 19995; 29424) +  +Notes +1   +2   +3   +SEC. 51-6.102.   NOISE REGULATIONS. +   (a)   General provisions. +      (1)   A person may not conduct a use that creates a noise level that +exceeds the levels established in Subsections (b) through (e) or that exceeds +the background level by five dB(A), whichever is greater. +      (2)   A sound level meter that meets the standards of the American +Standards Association must be used to determine whether the level of noise +violates this section. The instrument must be maintained in good working order. +A calibration check should be made prior to and following any noise +investigation. +      (3)   Traffic, aircraft, and other background noises are not considered +in measuring noise levels except when the background noise level is being +determined. +      (4)   For purposes of this section, any identifiable portion of a planned +development (PD) district governed by a distinct set of use regulations is +considered to be a separate zoning district. If the PD district or a portion of +the district is limited to uses permitted in an expressly stated zoning +district, the PD district or portion of the district is considered to be that +zoning district; otherwise it is considered to be: +         (A)   an MF-3 zoning district if it is restricted to residential uses +and those nonresidential uses permitted in a residential district; otherwise +         (B)   an I-3 zoning district if it allows one or more uses that are +only permitted in that district; otherwise +         (C)   an I-2 zoning district if it allows one or more uses that are +only permitted in an LC, HC, or industrial district; otherwise +         (D)   if it does not fit into one of the above categories, a GR +district. +      (5)   The requirements of this section do not apply to: +         (A)   mobile sources; +         (B)   construction/demolition activities regulated by Chapter 30; +         (C)   special events for which a special events permit is issued under +Chapter 42A; +         (D)   sound generating equipment or apparatus to warn the public of an +emergency or for public safety; +         (E)   noise from use-related loading/unloading operations that impact +residential areas when conducted during daytime hours; or +         (F)   the following activities, as long as they are conducted between +the hours of 7:00 a.m. and 10:00 p.m., Monday through Friday, and between the +hours of 8:00 a.m. and 7:00 p.m. on Saturday, Sunday, and legal holidays as a +normal function of a permitted use and the equipment is maintained in proper +working condition: +            (i)   Lawn maintenance. +            (ii)   Repair of personal use vehicles. +            (iii)   Home repair of place of residence. +   (b)   Permissible sound pressure level in residential districts. In a +residential district, a person may not conduct a use so as to create a sound +pressure level on the bounding lot line that exceeds the decibel limits +contained in the following table: +  +Maximum Permissible Daytime Decibel +Limits at the Bounding Lot Line +of a Residential District + A Scale +Decibel Limit (dBA re 0.0002 Microbar) 56 +  +   (c)   Permissible sound pressure level in office, retail, and P districts. +      (1)   In an office, retail, or P district, a person may not conduct a use +so as to create a sound pressure level on the bounding lot line that exceeds +the decibel limits contained in the following table: +  +Maximum Permissible Daytime Decibel +Limits at the Bounding Lot Line +of an Office, Retail, or P District + A Scale +Decibel Limit (dBA re 0.0002 Microbar) 63 +  +      (2)   The sound pressure level at the boundary line between a residential +district, as defined both in this chapter and in Chapter 51A, and an office, +retail, or P district may not exceed the decibel limits specified in Subsection +(b). +   (d)   Permissible sound pressure level in LC, HC, I-1, and I-2 districts. +      (1)   In an LC, HC, I-1, or I-2 district, a person may not conduct a use +so as to create a sound pressure level on the bounding lot line that exceeds +the decibel limits contained in the following table: +  +Maximum Permissible Daytime Decibel +Limits at the Bounding Lot Line +of a Use in an LC, HC, I-1, or I-2 District + A Scale +Decibel Limit (dBA re 0.0002 Microbar) 65 +  +      (2)   The sound pressure level at the boundary line between a residential +district, as defined both in this chapter and in Chapter 51A, and an LC, HC, I- +1, or I-2 district may not exceed the decibel limits specified in Subsection +(b)(1). +      (3)   The sound pressure level at the boundary line between an office, +retail, mixed use, multiple commercial, or parking district, as defined both in +this chapter and in Chapter 51A, and an LC, HC, I-1, or I-2 district may not +exceed the decibel limits specified in Subsection (c)(1). +   (e)   Permissible sound pressure level in an I-3 district. +      (1)   In an I-3 district, a person may not conduct a use so as to create +a sound pressure on the bounding lot line that exceeds the decibel limits +contained in the following table: +  +Maximum Permissible Daytime Decibel +Limits at the Bounding Lot Line +of a Use in the I-3 District + A Scale +Decibel Limit (dBA re 0.0002 Microbar) 70 +  +      (2)   The sound pressure level at the boundary line between a residential +district, as defined both in this chapter and in Chapter 51A, and an I- +3 district may not exceed the decibel limits specified in Subsection (b)(1). +      (3)   The sound pressure level at the boundary line between an office, +retail, mixed use, multiple commercial, or parking district, as defined both in +this chapter and in Chapter 51A, and an I-3 district may not exceed the decibel +limits specified in Subsection (c)(1). +      (4)   The sound pressure level at the boundary line between an LC, HC, +CS, LI, IR, I-1, or I-2 district and an I-3 district may not exceed the decibel +limits specified in Subsection (d)(1). +   (f)   Noise level adjustments. +      (1)   The maximum permissible noise levels contained in Subsections (b) +(1), (c)(1), (d)(1), and (e)(1) are subject to the following adjustments: +________________________________________________________________________ +Noise is present at nighttime . . . . . . . . . . . . . . . . . . . . . . . . . +. . . . . . Subtract 7db +Noise is impulsive (meter reading changes +at a rate greater than 10 decibels per second). . . . . . . . . . . . . . . . . +. . Subtract 7db +________________________________________________________________________ +  +Noise has an “On Time” of no more And an “Off Time” between successive “On Times” of at +than: least: +0.5 Minutes 1/ Hour/ + 2 +5.0 Minutes 1 Hour/ Add 10 + Decibels + to +10.0 Minutes 2 Hours/ permitted + level + +20.0 Minutes 4 Hours/ +  +      (2)   “Off-time” is when the level of the primary noise being measured +does not exceed that of the background noise by more than five dB(A). (Ord. +Nos. 17501; 19455; 19786; 19995; 29424; 30895) +SEC. 51-6.103.   TOXIC AND NOXIOUS MATTER. +   This section incorporates by reference the language of Section 51A-6.103, +“Toxic and Noxious Matter,” of Chapter 51A of the Dallas City Code, as amended, +as that section exists today and as it may be amended in the future. (Ord. Nos. +19995, 27404) +SEC. 51-6.104.   GLARE. +   This section incorporates by reference the language of Section 51A-6.104, +“Glare,” of Chapter 51A of the Dallas City Code, as amended, as that section +exists today and as it may be amended in the future. (Ord. Nos. 19995, 27404) +SEC. 51-6.105.   VIBRATION. +   (a)   In an I-1 or I-2 district, a person may not conduct a use so as to +create earthborn vibrations on the bounding lot line that exceed the +displacement contained in the following table: +  +Allowable Displacement of Earthborn Vibrations +in I-1 or I-2 District +Frequency in Cycles per Second Displacement in Inches +0 to 10    0.0010 +10 to 20 0.0008 +20 to 30 0.0005 +30 to 40 0.0004 +40 and over 0.0003 +  +   (b)   In a I-3 district, a person may not conduct a use so as to create +earthborn vibrations on the bounding lot line that exceed the displacement +contained in the following table: +  +Allowable Displacement of Earthborn Vibrations +in I-3 District +Frequency in Cycles per Second Displacement in Inches +0 to 10    0.0020 +10 to 20 0.0016 +20 to 30 0.0010 +30 to 40 0.0006 +40 and over 0.0005 +  +(Ord. 19995) +SEC. 51-6.106.   ODORS, SMOKE, PARTICULATE MATTER, AND OTHER AIR CONTAMINANTS. +   This section incorporates by reference the language of Section 51A-6.106, +“Odors, Smoke, Particulate Matter, and Other Air Contaminants,” of Chapter 51A +of the Dallas City Code, as amended, as that section exists today and as it may +be amended in the future. (Ord. Nos. 19995, 27404) +SEC. 51-6.107.   NONCONFORMANCE WITH THE ENVIRONMENTAL PERFORMANCE STANDARDS. +   This section incorporates by reference the language of Section 51A-6.107, +“Nonconformance with the Environmental Performance Standards,” of Chapter 51A +of the Dallas City Code, as amended, as that section exists today and as it may +be amended in the future. (Ord. 27404) +SEC. 51-6.108.   MUNICIPAL SETTING DESIGNATION ORDINANCE. +   This section incorporates by reference the language of Section 51A-6.108, +“Municipal Setting Designation Ordinance,” of CHAPTER 51A of the Dallas City +Code, as amended. (Ord. Nos. 17226; 19995; 26001) +ARTICLE VII. +SIGN REGULATIONS. +   This article incorporates by reference the language of Article VII, “Sign +Regulations,” of Chapter 51A of the Dallas City Code, as amended, as that +article exists today and as it may be amended in the future. (Ord. Nos. 14086; +14649; 14677; 14697; 14721; 15000; 15028; 15401; 15646; 15690; 15815; 16176; +16451; 16813; 16814; 17404; 17604; 18202; 18278; 18411; 18735; 18794; 18849; +19371; 19455; 19557; 19649; 19704; 19766; 19879; 20007; 20037; 20167; 20343; +20345; 20359; 20360; 20378; 20379; 20596; 21114; 21145; 21626; 21694; 21797; +21978; 22019; 22392; 22738; 23094; 24132; 24232, 24348; 24974; 27404) +ARTICLE VIII. +PLAT REGULATIONS. +   This article incorporates by reference Article VIII, “Plat Regulations,” of +CHAPTER 51A, “Part II of the Dallas Development Code,” as that article exists +today and as it may be amended in the future. (Ord. Nos. 20092; 22053; 22392) +ARTICLE IX. +THOROUGHFARES. +Division 51-9.100 +Thoroughfare Plan Amendments. +SEC. 51-9.101.   THOROUGHFARE PLAN DEFINED. +   For the purposes of Section 8, Chapter XV, Dallas City Charter, as approved +by the citizens of Dallas at an election held on January 17, 1981, the +thoroughfare plan of the City consists of Ordinance No. 15277, as amended, +THOROUGHFARE PLAN – CITY OF DALLAS, TEXAS and Ordinance No. 13262, as amended, +CBD STREETS AND VEHICULAR CIRCULATION PLAN. These two ordinances are hereby +designated and will be referred to as the “thoroughfare plan.” (Ord. 16950) +SEC. 51-9.102.   THOROUGHFARE PLAN AMENDMENT PROCESS. +   This section incorporates by reference the language of Section 51A-9.102, +“Thoroughfare Plan Amendment Process,” of Chapter 51A of the Dallas City Code, +as amended, as that section exists today and as it may be amended in the +future. (Ord. Nos. 16950; 19300; 27404) +Division 51-9.200 +Approval of Alignment of Thoroughfares. +SEC. 51-9.201.   PROCEDURES FOR ESTABLISHMENT OF THOROUGHFARE ALIGNMENT. +   (a)   In cases where the city must purchase right-of-way to construct a +freeway, major thoroughfare, secondary thoroughfare, or a street in the CBD, +before initiating purchasing procedures, the city manager shall present to the +city council, the city staff recommendation for alignment of the roadway and +its appurtenant facilities based on engineering criteria. +   (b)   If the city council determines that the nature of the proposed +alignment does not warrant a public hearing, the city council may approve the +alignment by majority vote of city council members present. +   (c)   If the city council determines that the nature of the proposed +alignment requires notification of affected property owners and a public +hearing, the city manager shall send written notice of a public hearing on the +proposed alignment to all owners of real property lying within 200 feet of the +proposed right-of-way line. The measurement of the 200 feet includes streets +and alleys. The notice must be given not less than 10 days before the date set +for the hearing by depositing the notice, properly addressed and postage paid, +in the United States mail to the property owners as evidenced by the last +approved city tax roll. +   (d)   After a public hearing, the city council may approve an alignment by a +majority vote of the city council members present. +   (e)   After an alignment has been approved by the city council, the +alignment may not be changed in a way that will require the purchase of +additional right-of-way unless the change is approved by the city council +following the same procedures for approval of an original alignment in +accordance with Subsections (b) and (c). +   (f)   For the purpose of this article, “alignment” means the location of the +right-of-way lines, curb lines, and roadway placement of a freeway, major +thoroughfare, secondary thoroughfare, or a street in the CBD. (Ord. 16950) +SEC. 51-9.202.   PROCEDURE FOR APPROVAL OF STATE OR COUNTY THOROUGHFARE +IMPROVEMENTS. +   (a)   Before the city gives its approval of a construction plan for a +freeway, major thoroughfare, secondary thoroughfare, or a street in the CBD by +the state or county, the city manager shall present the proposed construction +plan to the city council for review. +   (b)   If the city council determines that the nature of the proposed +construction plan does not warrant a public hearing, the city council may +approve the construction plan by majority vote of the city council members +present. +   (c)   If the city council determines that the nature of the proposed +construction plan requires notification of affected property owners and a +public hearing, the city manager shall send written notice of a public hearing +on the proposed construction to all owners of real property lying within 200 +feet of the proposed right-of-way line. The measurement of 200 feet includes +streets and alleys. The notice must be given not less than 10 days before the +date set for the hearing by depositing the notice, properly addressed and +postage paid, in the United States mail to the property owners as evidenced by +the last approved city tax roll. +   (d)   After a public hearing, the city council may approve a construction +plan by the state or county by a majority vote of the city council members +present. +   (e)   The public hearing on a construction plan of the state or county may +be held jointly with the state or county. (Ord. 16950) +Division 51-9.300 +Street Naming and Name Change Process. +   This division incorporates by reference the language of Division 51A-9.300, +“Street Naming and Name Change Process,” of CHAPTER 51A, “PART II OF THE DALLAS +DEVELOPMENT CODE,” as that division exists today and as it may be amended in +the future. (Ord. Nos. 19832; 20037; 22224) +Division 51-9.400 +Four-Way/All-Way Stop Controls at Residential Intersections. +   This division incorporates by reference the language of Division 51A-9.400, +“Four-way/All-Way Stop Controls at Residential Intersections,” of Chapter 51A +of the Dallas City Code, as amended, as that division exists today and as it +may be amended in the future. (Ord. 27404) +ARTICLE X. +LANDSCAPE AND TREE PRESERVATION REGULATIONS. +   This article incorporates by reference the language of Article X, “Landscape +and Tree Preservation Regulations,” of CHAPTER 51A, “PART II OF THE DALLAS +DEVELOPMENT CODE,” as that article exists today and as it may be amended in the +future. A reference to a Chapter 51A zoning district in that article shall mean +the equivalent zoning district in Chapter 51, with the “CS” district meaning +the “HC” district. (Ord. Nos. 18968; 19237; 19455; 22053) +ARTICLE XI. +HISTORIC PRESERVATION TAX EXEMPTIONS AND ECONOMIC DEVELOPMENT INCENTIVES FOR +HISTORIC PROPERTIES. +   This article incorporates by reference the language of Article XI, “Historic +Preservation Tax Exemptions and Economic Development Incentives for Historic +Properties,” of Chapter 51A of the Dallas Development Code, as amended. (Ord. +27016) +ARTICLE XII. +GAS DRILLING AND PRODUCTION. +   This article incorporates by reference the language of Article XII, “Gas +Drilling and Production,” of Chapter 51A of the Dallas Development Code, as +amended. (Ord. Nos. 26920; 27153) +NOTE:  The use charts on the following pages have not been formally adopted by +the city council; they are prepared by the city staff and are intended for use +as a guide only. It is necessary to see the text of this chapter for specific +regulations. In the event of a conflict between the use charts and the text of +this chapter, the text of this chapter controls. +  +CODE COMPARATIVE TABLE +CHAPTER 51 +DALLAS DEVELOPMENT CODE: ORDINANCE NO. 10962, AS AMENDED +Ordinance Number Specified Passage Effective Date Ordinance Section 51 Section + Date +Ordinance Specified Effective Ordinance +Number Passage Date Section 51 Section + Date +16926 03-25-81   1 Creates Dallas Development Code +16950 04-22-81   1 Adds Ch. 51, Art. IX +16959 04-29-81   1 51-4.101(4)(E) +      2 51-4.101(4)(F) +      3 51-4.102(d)(5) +      4 51-4.102(d)(6) +      5 51-4.401(c)(3) +      6 51-4.401(c)(4) +      7 51-4.409(a)(4) +      8 51-4.409(a)(5) +17034 07-08-81   1 51-4.214(10) +      2 51-4.214 chart +      3 51-4.603(g) +17043 07-15-81   1 51-4.214(1)(c) +17044 07-15-81   1 51-4.401(b)(4) +17045 07-15-81   1 51-4.301(b)(3) +      2 51-4.301(b)(4) +17046 07-15-81   1 51-4.217(b) (8)(E)(xvii) +17047 07-15-81   1 51-4.410 +17048 07-15-81   1 51-4.704(c)(3) +      2 51-4.704(c)(4) +17092 08-12-81   1 51-4.210(24) +17093 08-12-81   1 51-4.217(b) (2)(E)(iii) +17158 10-07-81   1 51-1.105(a)(4) +17216 11-18-81   1 Ch. 51, +17226 12-09-81 2-3-82 66 51-2.102(9) +      67 51-2.102 (18), (19) +      68 Title, 51-3.104 +      69 51-3.104(a) +      70 51-4.502(e)(6) +      71 51-5.105(e) +      72 51-6.107(a) +17243 12-16-81   1 51-4.501(b)(1) +      2 51-4.501(b)(2) +      3 51-4.501(b)(3) +      4 51-4.501(b)(4) +      5 51-4.501(b)(9) +      6 51-4.501 (b)(11) +      7 51-4.501(c)(1) +      8 51-3.103(a)(1) +17258 01-13-82   1 51-4.213(24) +17307 02-17-82   1 51-4.214(10) +17328 03-10-82   1 51-4.601(a)(4) +17329 03-10-82   1 51-4.204(5) +17388 04-28-82   1 51-1.105(b)(4) +      2 51-1.105(b)(5) +      6 51-2.102 (18), (19) +      7 51-3.104 (title) +      8 51-3.104(a) +      9 51-4.502(e)(6) +      10 51-5.105(e) +17403 05-05-82   1 51-4.704(b)(4) +17404 05-05-82   1 51-7.903 +17442 06-09-82   1 51-4.401(a)(2) +      2 51-4.402(a)(2) +      3 Repeals 51-4.604 +17443 06-09-82   1 51-4.303(c) (4)(A) +17444 06-09-82   1 51-4.202(2)(A) +17445 06-09-82   1 51-4.401 (b)(5), (6) +17446 06-09-82   1 51-4.213(12) +17482 07-28-82   1 51-5.102(a) +      2 51-5.103(b) +      3 51-5.104(a) +      4 51-5.104(b) +      5 51-5.105(a) +17501 08-18-82   1 51-6.101 +      2 51-6.102 +17552 09-22-82   1 51-4.201(3)(C) +17604 11-10-82   1 51-7.404(a)(5) +17651 12-15-82   1 51-4.701(e)(3) +17652 12-15-82   1 51-4.702(a)(3) +17654 12-15-82   1 51-2.102 +      2 51-4.501(c) +17655 12-15-82   1 51-4.501(d) +17656 12-15-82   1 51-4.501(e) +17756 03-16-83   1 51-4.216(2) +17810 04-20-83   1 51-4.702(a)(3) +17811 04-20-83   1 Adds 51-4.201 (1)(E)(vii) +      2 Adds 51-4.201 (2)(E)(ii) +17812 04-20-83   1 51-4.217(a) +      2 51-4.407 (a), (b) +      3 51-4.410 +17813 04-20-83   1 51-4.219(b)(3) +17838 05-18-83   1 51-4.501(a)(4) +      2 51-4.501(b) +17839 05-18-83   1 Adds 51-4.301 (c)(8) +17859 05-25-83   1 Adds 51-4.301 (d)(8) +      2 51-4.301(d)(1) +      3 51-4.301 (Parking Bay Chart) +      4 51-4.410 (Use Chart) +      5 Repeals 51-4.401(c)(2) +      6 Repeals 51-4.402(c)(2) +      7 Repeals 51-4.403(c)(2) +17860 05-25-83   1 Adds 51-4.301(c)(7) +17893 06-29-83   1 51-8.101-105 +17912 07-13-83   1 51-4.207(1) +18001 10-05-83   13 51-1.103(a)(1) +18008 10-12-83   1 51-5.102(a) +18014 10-19-83   1 51-4.204 (5)(E)(iii) +18040 11-09-83   1 51-4.102(d)(3) +      2 51-4.503 +18142 01-18-84   1 Adds 51-4.216(14) +18143 01-18-84   1 51-4.403(a)(1) +      2 Adds 51-4.403(b)(3) +18144 01-18-84   1 51-4.214 (10)(E)(ii) +18177 02-22-84 03-01-84 1 Adds 51-1.105(f) +      2 Adds 51-1.106 +      3 Ch. 51, Art. I Title +18188 02-29-84 04-01-84 1 51-4.214(4) +      2 Adds 51-4.217(b)(9) +18202 03-14-84   1 51-7.101(b) +      2 51-7.102 +      3 51-7.207 +      4 Adds 51-7.209 +      5 Adds 51-7.304(i) +      6 51-7.305(a) +      7 51-7.401 +      8 51-7.402 (c), (d) +      9 51-7.403 +      10 51-7.404(a)(1) +      11 51-7.404(b) +      12 51-7.505(c) +      13 51-7.605(c) +      14 51-7.702(b) +      15 Adds 51-7.705 +      16 Repeals 51-7.203(c), 7.205(a), 7.902(b) +18211 03-21-84   1 51-4.501(d)(4) +18268 05-23-84   1 51-4.212 +18278 05-30-84   1 51-7.304 +18411 09-26-84 10-01-84 2 Adds 51-7.306 +      3 Adds 51-7.702(b)(3) +      31 51-1.105 +      32 51-7.704(3) +      33 51-7.801 +      34 51-8.107 +18481 11-21-84   1 51-2.102(28) +      2 Adds 51-2.102 (20.1), (62.1) +      3 Adds 51-4.408(a)(4) +      4 51-4.410 Chart +18554 01-16-85 02-04-85 1 51-1.105(b) +18597 02-20-85 06-01-85 1 51-4.402(c)(5) +    §6, 06-01- 2 Adds 51-4.402 (c)(8), (9), (10) + 86 +      3 51-4.403(c)(5) and adds (c)(6), (7), (8) +      4 51-4.404(b) +      5 Adds 51-4.408(a)(5) +      6 Adds 51-4.409(a)(6) +      7 Adds 51-4.411 +      8 Adds 51-8.108(6) +        Div. 51-7.1000 +      2 Adds 51-7.702(e) +18755 06-12-85   1 Div. 51-5.200 +      2 Adds 51-8.106.1 +18794 07-17-85   1 51-7.704(1) +18849 08-28-85   1 51-2.102 (46), (49) +      2 Adds 51-2.102(34.1) +      3 51-4.101(2) +      4 Renumbers 51-4.102 (b)(2) thru (8) as (b) + (6) thru (12) +      5 Adds 51-4.102 (b)(2) thru (5) +      6 51-4.201 thru 217 +      7 Adds 51-4.218.1 +      8 Ch. 51, Art. IV, Use Chart +      9 51-4.301(f) +      10 Adds 51-4.301(g) +      11 Adds 51-4.303 (b)(12) +      12 Adds 51-4.303(d) +      13 51-4.402(b)(3) +      14 51-4.402(c)(7) +      15 Adds 51-4.402 (c)(11) thru (14) +      16 51-4.403(c)(3) +      17 Adds 51-4.403 (c)(9) thru (12) +      18 Adds 51-4.407(a)(4) +      19 51-4.408(a) +      20 51-4.409(a)(3) +      21 51-4.410 +      22 51-4.602 (b), (c) +      23 51-4.702(a)(4) +      24 Adds 51-4.706 +      25 51-6.101(10) +      26 51-7.306(a)(2) +18876 09-18-85 10-01-85 11 51-1.105 +      12 51-8.107 +18920 10-30-85   1 51-4.219 +      2 Adds 51-4.409(a)(7) +      3 51-4.410 +18921 10-30-85 02-01-86 1 Adds Div. 51-4.800 +18922 10-30-85 02-01-86 1 Adds 51-1.105(i) +18923 10-30-85   1 Adds 51-4.214(11) +18934 11-06-85   1 Adds 51-4.701 (a)(2)(D) +      2 51-4.701(c)(3) +18942 11-20-85   1 51-1.105(a)(4) +      2 Adds 51-1.105(h) +18968 12-11-85 03-01-86 1 Adds Ch. 51, Art. X +      2 51-3.102(c) +      3 Repeals 51-4.301(g) and Figure 2 +19045 02-26-86   1 51-4.500, Title +      2 Adds 51-4.505 +19058 03-05-86   1 51-4.206(5)(C) +19059 03-05-86   1 Adds 51-4.204(6) +19060 03-05-86   1 51-4.401(a)(1) +      2 51-4.402(a)(1) +      3 51-4.403(a)(1) +19061 03-05-86   1 51-4.210(6)(C) +19062 03-05-86   1 51-3.102(c) +      2 Adds 51-4.301 (a)(15) +      3 51-4.602(d) +19063 03-05-86   1 51-4.212(18) +      2 51-4.301(a)(1) +      3 51-4.301(c)(2) +      4 51-4.410 (Use Charts) +      5 Repeals 51-4.101(4)(D) 4.102(d)(4), and + 4.301 (c)(5) +19064 03-05-86   1 51-4.204(4) +      2 Adds 51-4.204(7) +19065 03-05-86   1 Adds 51-4.205(10) +19080 03-19-86   1 51-1.105(a) +19100 03-26-86   1 51-4.217(b) (7)(E)(i) +19237 07-16-86   1 51-10.101 +      2 51-10.103 +      3 Adds 51-10.103.1 +      4 51-10.104 (a), (b) +      5 51-10.106 (a), (b) +      6 51-10.106(f) +      7 51-10.107(a), (b), (c) +      8 51-10.107 (e), (f) +      9 Repeals 51-10.105(b) +19268 08-27-86   1 51-3.104(b) +19280 09-10-86   1 Adds 51-5.101 (4), (5), (6) +      2 Adds 51-5.103.1 +      3 51-5.105(g) (2)(E) +      4 51-5.105 (g)(2)(I) +19300 09-24-86 10-01-86 57 51-1.105 +      58 51-8.107(b) +      59 51-8.107(c) +      60 51-9.102(a) +19305 09-24-86   1 51-4.206(1)(A) +      2 51-4.206(1)(C) +      3 Adds 51-4.206 (1)(E)(ii) +      4 Adds 51-4.301 (b)(5) +      32 51-4.303 (b)(10) +19358 11-05-86   1 Adds 51-1.105(k) +19371 11-12-86   1 51-7.102(32) +      2 Repeals 51-7.304(i) +19373 11-12-86   1 Adds 51-1.105(l) +19374 11-12-86   1 Adds 51-8.107(i) +19453 01-28-87   1 Adds 51-4.506 +19455 02-04-87   18 51-1.101 +      19 51-1.102 +      20 51-2.102 +      21 51-3.102(c) +      22 51-4.204 (5)(E)(i) +      23 51-4.206 (1)(C)(i) +      24 51-4.212 (17)(E)(iv) +      25 51-4.214 (5)(E)(iv) +      26 51-4.214 (6)(E)(iii) +      27 51-4.216 (14)(E)(I) +      28 51-4.219 (b)(3), (b)(4) +      29 51-4.301 (a)(12) +      30 51-4.301 (a)(14) +      31 51-4.301 (e)(1)(E) +      32 51-4.301 (f)(1) +      33 51-4.302 (a)(2) +      34 51-4.303 (b)(10) +      35 51-4.401(a)(7) +      36 51-4.401(b)(3) +      37 51-4.401(c)(1) +      38 51-4.402(a)(3) +      39 51-4.402(c) +      40 51-4.403(a)(3) +      41 51-4.403(b)(3) +      42 51-4.403(c) +      43 51-4.407(a)(4) +      44 51-4.408(a)(5) +      45 51-4.411(b)(2) +      46 51-4.501(d) +      47 51-4.501(e)(2)(A) +      48 51-4.502 (b)(1)(B) +      49 51-4.602(b)(7) +      50 51-4.602(c)(1) thru (c)(4) +      50A Repeals Figures 1 and 2, 51-4.602 +      51 51-4.704(a)(1) +      52 51-4.803(d)(3) +      53 51-6.102(c)(2) +      54 51-6.102 (d)(2), (d)(3) +      55 51-6.102 (e)(2), (e)(3) +      56 51-7.306(a)(2) +      57 51-7.306(f) +      58 51-10.101(14) +      59 51-10.103(g) +      60 51-10.104(b) +19460 02-11-87   1 51-4.301(a) +      2 Adds 51-4.320 +      3 Repeals 51-4.301(c)(8) +19481 02-25-87   1 Adds 51-1.105(m) +19499 03-18-87   1 51-3.103, +      2 51-4.501 +19557 05-20-87   1 51-1.105 (d)(4) and +      2 51-7.605 (b), (c) +19581 06-24-87   1 Adds 51-4.211 (22) +      2 Repeals 51-4.213 (19) +        51-7.2000 +19652 08-26-87   1 51-4.213 (12)(A) +      2 51-4.213(12) title +19686 09-23-87   1 Div. 51-5.100 +19700 09-30-87   1 51-4.201(5) +19704 09-30-87   1 51-7.303 (b)(2) +19766 11-18-87   1 51-7.306 (e)(2) +      2 Adds 51-7.306 (e)(3), +19786 12-09-87   1 51-2.102 (48), (53) +      2 Adds 51-2.102 (60.1), (60.2) and (72.1) +      3 51-6.102(d)(3) +      4 51-6.102(e)(3) +19806 12-16-87   1 51-4.205(5) +      13 Repeals 51-4.205(10) +19808 12-16-87   1 51-4.202(5) +19809 12-16-87   1 51-4.704 +19832 01-13-88   1 Adds 51, Div. 9.300 +      2 Adds 51-1.105 (k) and reletters old (k), + (l), (m) as (l), (m), (n) +19872 02-24-88   1 Adds 51-1.106(e) +      2 51-4.701 (e)(2) +19879 03-09-88   1 51-7.404(a)(5) +19912 03-23-88   1 Adds 51-4.201(7) +      10 Repeals 51-4.205(4) +19913 03-23-88   1 51-4.205(3) +19928 04-13-88   1 51-4.210(12) +19929 04-13-88   1 51-4.803 (a)(1), (a)(2) +      2 51-4.803(a)(4) +      3 51-4.803(d)(2) +      4 51-4.803 (d)(3), (d)(4) +      5 51-4.803(e)(1), +      6 51-4.803(f)(3) +19930 04-13-88   1 51-4.505(d)(1), +      2 51-4.505(f), (g) +19931 04-13-88   1 51-4.204(5) +19935 04-27-88   1 Adds 51-4.701(g) +19963 05-25-88   71 51-1.103(a)(1) +      72 51-1.106(e) +19995 06-22-88   1 Ch. 51, Art. VI +20007 07-13-88   1 51-7.301 +      2 51-7.302 +      4 51-7.401 +      5 51-7.802 +20037 08-10-88   6 51-4.505 (g)(6) +      7 51-4.701(c)(2) +      9 51-4.803(k) +      10 Renumbers Div. 51-7.2000 as Div. 51- + 7.1100 +      11 Repeals 51-9.307(c) +20038 08-10-88   1 51-4.201(a)(5)(B) +20073 09-28-88 10-01-88 7 51-1.105(a)(2) +      8 51-1.105(b)(2) +      9 51-1.105(c)(2) +      10 51-1.105(d)(2) +      11 51-1.105(e)(2) +      12 51-1.105(f)(2) +      13 51-1.105(g)(2) +      14 51-1.105(h)(2) +      15 51-1.105(i)(2) +      16 51-1.105(j)(2) +      17 51-1.105(l)(2) +      18 51-1.105(n)(2) +      19 51-8.107(d), +20092 10-12-88   1 51, Art. VIII +20093 10-12-88   1 Adds 51-1.105(o) +        Adds +20122 11-09-88   1 51-4.203(4) +20132 11-09-88   1 51-1.105(a) +      2 51-4.219(b) +      3 Adds 51-4.219(c) +20159 12-14-88   1 51-4.207(l) +20167 01-11-89   1 51, Art. 7, Div. 51-7.900 +20236 03-08-89   1 Adds 51-1.103(a)(5) +      2 51-4.401(a)(5)(A) thru (E) +      3 51-4.401(d)(1) +      5 51-4.402(b) +      7 51-4.402(d) +      9 51-4.403(b) +      11 51-4.403(d) +      13 51-4.602(a)(1) +20237 03-08-89   1 51-4.212(11) +20238 03-08-89   1 Adds 51-4.604, +20242 03-08-89   1 51-4.211(16)(B) +20272 04-12-89   1 51-2.102(114) +      2 51-4.212(18) +      3 Adds 51-4.306, +20307 05-10-89   1 51-4.704(c)(3) and (4) +20343 06-14-89   1 51-7.102(25) +      2 Adds 51-7.211 +20345 06-14-89   1 Adds 51, Div. 7.1200 +      2 Adds 51-7.504 (e) +20359 06-28-89   1 51-7.201 +      2 51-7.203(b) +      3 Adds 51-7.210 +      4 51-7.303(b) +20360 06-28-89   1 51-2.102(48), (70), (71), (75), (122) +      2 Adds 51-2.102 (67.1), (67.2), (74.1) +      3 51-4.101(1)(Q) +      4 51-4.102(a)(9) +      5 51-4.201(b)(6) +      6 51-4.207(a)(B) +      7 51-4.401(b)(4) +      8 51-4.402(b)(6) +      9 51-4.402(c)(9) +      10 51-4.402(c)(12) +      11 51-4.403(c)(7), (c)(10) +      12 51-4.404(b) +      13 51-4.405(b)(1) +      14 51-4.406(b)(1) +      15 51-4.603(f) +      16 51-5.101(15), (17) +      17 51-5.104(b)(5) +      18 51-7.306 (f)(1)(B) +20361 06-28-89   1 51-2.102(39) +      5 Repeals 51-4.301(a)(4) +      6 Repeals 51-4.409(a)(1) +      7 Repeals 51-4.409(a)(4) +20362 06-28-89   1 51-4.602(a) +20378 07-12-90   1 Amends 51-7.1101 +20379 07-12-89   2 Adds 51-7.102(15.1) +      3 51-7.301 +      4 51-7.302 +      5 51-7.401 +20381 07-12-89   1 51-4.701(d)(2) +20383 07-12-89   3 Adds 51-2.102(131) +      4 Adds 51-4.301(a)(4) +20412 08-09-89   1 Adds 51-4.704(c)(2) +20539 12-13-89   1 Amends 51-4.602(d)(2) +20596 4-11-90   1 Adds Div. 51-7.1300 (§§ 51-7.1301 - 51- + 7.1307) +20673 6-27-90   1 Adds 51-2.102(39)(D) +      4 Adds 51-2.102(10.1) +20729 9-12-90   1 Amends 51-4.103(b) +20845 12-12-90   1 Amends 51-4.204(4) +      2 Amends 51A-4.204(3)(A) +      3 Amends 51-4.204(5)(E)(i) +      4 Adds 51-4.217(b)(10) +      5 Adds 51A-4.217(b)(7.1) +      10 Repeals 51-4.204(7) +20926 4-10-91   1 Amends 51-1.105(b) +      2 Amends 51-1.105(b) +      4 Amends 51-1.106 +      6 Amends 51-3.102 +      10 Amends 51-4.703 +      12 Amends 51-4.703 +21000 6-26-91   1 Amends 51-4.202(2) +      2 Amends 51-4.408(a)(1) +21044 9-11-91   1 Renaming Art. I +      2 Amends 51-1.102(b) +      3 Adds 51-4.201(a)(2) +      4 Amends 51-4.205(3) +      5 Amends 51-4.205(3)(B) +      43 Repeals 51-4.204(6) +      44 Repeals 51-4.205(2) +      45 Repeals 51-4.207(2) +21114 11-13-91   1 Adds Div. 51-7.1400 +21145 12-11-91   1 Adds Div. 51-7.1500 +21186 1-22-92   11 Adds 51-2.102(67.1) +      12 Adds 51-2.102(71.1) +      13 Adds 51-2.102(109.1) +21454 10-28-92   1 51-4.217(b)(4)(E) +21553 1-27-93   1 Adds 51-4.307 +      2 Amends 51-4.704 +21626 4-14-93   1 Amends 51-7.1000 +21633 4-14-93   1 Adds 51-1.104.1 +21694 6-9-93   1 Amends 51-7.900 +21697 6-9-93   1 Amends 51-4.213(22)(C) +21735 6-23-93   2 Amends 51-1.104(a) +      3 Amends 51-4.209(1) +      4 Amends 51-4.209(5) +      5 Amends 51-4.211(10) +      6 Amends 51-4.217(a) +      28 Amends 51-4.503 +      35 Repeals 51-4.209(4) +21751 8-11-93   1 Amends 51-1.105(1)(3) +21760 8-11-93   1 Amends 51-4.803(a) Table 1 +21797 9-8-93   1 Amends 51-7.208 +      2 Adds 51-7.212 +      3 Adds 51-7.213 +21978 2-23-94   1 Amends 51-7.205 +      3 Amends 51-7.305(d) +      4 Amends 51-7.404(a)(4) +22004 3-23-94   1 Amends 51-1.105(a) +      3 Adds 51-4.217(b)(11) +22019 4-13-94   1 Amends 51-7.1400 +22053 5-25-94   1 Amends 51-4.219 +      2 Adds 51-4.310 +      3 Renumbers 51-4.401(d) as (e), and adds a + new 51-4.401(d) +      4 Renumbers 51-4.402(d) as (e), and adds a + new 51-4.402(d) +      5 Renumbers 51-4.403(d) as (e), and adds a + new 51-4.403(d) +      6 Amends Ch. 51, Art. IV, Div. 51-4.700 +      7 Amends 51-4.803(d)(1) +      8 Amends 51-4.803(d)(2) +      9 Amends Ch. 51, Art. VIII +      10 Amends Ch. 51, Art. X +22204 9-28-94   1 Amends 51-1.104(a) +      2 Amends 51-4.209(1) +      3 Amends 51-4.209(5) +      4 Amends 51-4.211(10) +      5 Amends 51-4.217(a) +22224 10-12-94   1 Amends Div. 51-9.300 +22389 4-12-95   1 Amends 51-1.106, title +      2 Adds 51-1.106(f) +      3 Amends 51-4.701(a)(1) +      4 Amends 51-4.701(b)(5) +      5 Amends 51-4.703(a)(1) +      6 Amends 51-4.703(c)(2) +22392 4-12-95   15 Amends 51-7.1406(a)(4) +      16 Amends 51-8.604(b) (4) and (5) +22531 8-23-95 8-28-95 1 Amends 51-4.209(1) +22738 4-24-96   1 Amends Div. 51-7.600 +22759 5-22-96   1 Amends 51-4.603 +22920 10-9-96   1 Amends Ch. 51, Art. V +22994 1-8-97   1 Amends 51-4.602 +22995 1-8-97   1 Amends 51-4.209(1) +      2 Amends 51-4.209(3) +23012 1-22-97   1 Amends 51-4.217 +23013 1-22-97   1 Amends 51-4.301 +23094 4-9-97   1 Amends 51-7.702 +23506 4-22-98   1 Amends 51-4.501 +24020 9-8-99   1 Amends 51-4.301(e) +24132 12-8-99   1 Amends 51-7.1502(b) +24163 1-12-00   1 Amends 51-3.103 +24232 4-26-00   1 Adds 51-4.213(25) +      2 Adds 51-4.213(26) +      3 Amends Div. 51-7.100 +      4 Amends Div. 51-7.200 +      5 Amends Div. 51-7.300 +      6 Amends Div. 51-7.400 +      7 Amends Div. 51-7.500 +      8 Amends Div. 51-7.600 +      9 Amends Div. 51-7.700 +      10 Amends Div. 51-7.800 +      11 Amends Div. 51-7.1100 +      12 Amends Div. 51-7.1200 +      13 Amends Div. 51-7.1300 +      14 Amends Div. 51-7.1500 +24271 5-24-00   1 Amends 51-4.207(1) +24348 8-23-00   1 Adds Div. 51-7.1700 +24438 10-25-00 10-31-00 1 Adds 51-4.221 +24439 10-25-00   1 Amends 51-1.104(a)(4) +      2 Amends 51-4.209(1)(A)(i) +24543 3-21-01   1 Amends 51-4.202(1) +      2 Amends 51-4.202(2) +24637 6-13-01 7-1-01 2 Amends title of Ch. 51 +      3 Repeals 51-1.01 +24696 8-22-01   1 Amends 51-4.221(b)(6) +      2 Amends 51-4.221(b)(13) +      3 Amends 51-4.221(b)(14) +      4 Amends 51-4.221(c) +24731 9-26-01   1 Amends 51-2.102(61) +      2 Adds 51-2.102(110.1) +      3 Amends 51-4.405 +      4 Amends 51-4.406 +      5 Adds 51-4.412 +24843 2-13-02   1 Amends 51-1.105(o) +      2 Amends 51-2.102(116) +      3 Amends Ch. 51, Art. III +      4 Amends 51-4.217(9) +      5 Amends 51-4.505 +24915 4-24-02   1 Amends 51-4.217(11) +24974 6-26-02   1 Adds Div. 51-7.1900 +25097 11-13-02   1 Amends 51-1.105 +25290 6-11-03   1 Amends 51-4.324(b)(1) +25435 11-12-03   1 Amends 51-4.201(5) +25486 1-28-04   1 Amends 51-4.201(b)(1) +      2 Amends 51-4.201(b)(2) +25785 10-27-04   1 Adds 51-4.211(1)(E) +      2 Adds 51-4.211(3)(E) +��     3 Adds 51-4.211(14)(E) +      4 Adds 51-4.211(18)(E) +      5 Adds 51-4.605 +25809 11-10-04   1 Amends 51-4.601 +25831 12-8-04   1 Amends 51-4.602(b)(6) +25977 5-11-05   1 Adds 51-2.102(2.1) +      2 Adds 51-2.102(7.1) +      3 Amends 51-2.102(35) +      4 Amends 51-2.102(53) +      5 Adds 51-4.201(b)(1)(E)(viii) +26000 5-25-05   1 Amends Div. 51-5.200 +26001 5-25-05   1 Adds 51-6.108 +26026 6-22-05   1 Adds 51-4.507 +26140 10-12-05   1 Amends 51-1.102(b)(2) +      2 Adds 51-1.107 +      3 Amends 51-2.102(37) +      4 Adds 51-4.201(b)(1.1) +      5 Adds 51-4.201(b)(3.1) +26160 11-9-05   1 Amends 51-4.209(1) +      2 Amends 51-4.209(3) +26161 11-9-05 12-12-05 1 Adds 51-4.507 +26248 2-8-06   1 Amends 51-4.507 (renumbers as 51-4.508) +26269 2-22-06   1 Amends 51-4.215(4) +26286 3-8-06   1 Amends 51-1.103 +26371 6-14-06   2 Adds 51-1.108 +26513 11-8-06   1 Amends 51-4.221(b)(13) +      2 Amends 51-4.221(b)(14) +      3 Amends 51-4.221(c) +26530 12-13-06   1 Adds 51-1.109 +      2 Adds 51-2.102(36.1) +26531 12-13-06   1 Amends 51-4.401(a) +26536 12-13-06   1 Amends 51-1.104.1 +26579 2-14-07   1 Amends 51-1.104 +26746 5-23-07   1 Amends 51-4.211(2) +      2 Amends 51-4.211(14) +      3 Amends 51-4.211(15) +26920 9-12-07   1 Amends 51-4.213(12) +      2 Amends 51-4.213(19) +      3 Adds Ch. 51, Art. XI +27016 11-28-07   1 Adds Ch. 51, Art. XI +27153 5-14-08   1 Corrects 51-4.213(19) +      2 Renumbers the Article XI added by + Ordinance No. 26920 as Article XII +27183 5-14-08   1 Amends 51-4.208(1)(A) +27334 9-24-08   1 Amends 51-2.102(45) +27404 11-10-08   1 Amends 51-2.102(19) +      2 Amends 51-2.102(32) +      3 Amends 51-2.102(33) +      4 Adds 51-2.102(60.3) +      5 Amends 51-2.102(67.1), (67.2) +      6 Amends 51-2.102(82) +      7 Adds 51-2.102(104.1) +      8 Amends 51-4.101(4) +      9 Amends 51-4.102(d)(4) +      10 Amends 51-4.102(d)(8) +      11 Adds 51-4.102(d)(9) +      12 Amends 51-4.201(b)(1) +      13 Amends 51-4.201(b)(3)(D) +      14 Amends 51-4.201(b)(4), (5) +      15 Amends 51-4.202(4)(D) +      16 Amends 51-4.202(6)(D) +      17 Amends 51-4.202(7)(D) +      18 Amends 51-4.202(8)(D) +      19 Amends 51-4.202(11)(D) +      20 Adds 51-4.202(12) +      21 Amends 51-4.203(1)(D) +      22 Amends 51-4.203(2)(D) +      23 Amends 51-4.203(3)(D) +      24 Amends 51-4.203(5)(D) +      25 Amends 51-4.203(6)(D) +      26 Amends 51-4.203(7)(D) +      27 Amends 51-4.203(8)(D) +      28 Amends 51-4.203(9)(D) +      29 Amends 51-4.203(10)(D) +      30 Amends 51-4.203(11)(D) +      31 Amends 51-4.203(12)(D) +      32 Amends 51-4.204(1)(D) +      33 Amends 51-4.204(2)(D) +      34 Amends 51-4.204(3)(A) +      35 Amends 51-4.204(3)(D) +      36 Amends 51-4.204(4)(D) +      37 Amends 51-4.204(5)(D) +      38 Adds 51-4.204(6) +      39 Amends 51-4.205(1)(D) +      40 Amends 51-4.205(5)(D) +      41 Amends 51-4.205(6)(D) +      42 Amends 51-4.205(7)(D) +      43 Amends 51-4.205(8)(D) +      44 Amends 51-4.205(9)(D) +      45 Amends 51-4.206(1) +      46 Amends 51-4.206(3)(D) +      47 Amends 51-4.206(4)(D) +      48 Amends 51-4.206(5) +      49 Amends 51-4.207(1)(D) +      50 Amends 51-4.207(3)(D) +      51 Amends 51-4.207(4)(D) +      52 Amends 51-4.207(5)(D) +      53 Amends 51-4.207(6)(D) +      54 Amends 51-4.207(7)(D) +      55 Amends 51-4.207(8) +      56 Amends 51-4.208(2)(D) +      57 Amends 51-4.208(3)(D) +      58 Amends 51-4.208(4)(D) +      59 Amends 51-4.208(5)(D) +      60 Amends 51-4.208(6)(D) +      61 Amends 51-4.208(7)(D) +      62 Amends 51-4.208(8)(D) +      63 Amends 51-4.208(10)(D) +      64 Amends 51-4.208(13)(D) +      65 Amends 51-4.209(1)(D) +      66 Amends 51-4.209(2) +      67 Amends 51-4.209(3)(D) +      68 Amends 51-4.209(5)(D) +      69 Amends 51-4.209(6)(D) +      70 Amends 51-4.210(1)(D) +      71 Amends 51-4.210(3) +      72 Amends 51-4.210(4)(D) +      73 Amends 51-4.210(5)(D) +      74 Amends 51-4.210(6)(D) +      75 Amends 51-4.210(7)(D) +      76 Amends 51-4.210(8)(D) +      77 Amends 51-4.210(9)(D) +      78 Amends 51-4.210(10)(D) +      79 Amends 51-4.210(11)(D) +      80 Amends 51-4.210(12)(D) +      81 Amends 51-4.210(13)(D) +      82 Amends 51-4.210(14)(D) +      83 Amends 51-4.210(15)(D) +      84 Amends 51-4.210(16)(D) +      85 Amends 51-4.210(17)(D) +      86 Amends 51-4.210(18)(D) +      87 Amends 51-4.210(19)(D) +      88 Amends 51-4.210(20)(D) +      89 Amends 51-4.210(21)(D) +      90 Amends 51-4.210(22)(D) +      91 Amends 51-4.210(23)(D) +      92 Amends 51-4.210(24)(D) +      93 Amends 51-4.211(1)(D) +      94 Amends 51-4.211(2)(D) +      95 Amends 51-4.211(3)(D) +      96 Amends 51-4.211(4)(D) +      97 Amends 51-4.211(5)(D) +      98 Amends 51-4.211(6)(D) +      99 Amends 51-4.211(7)(D) +      100 Amends 51-4.211(8)(D) +      101 Amends 51-4.211(9)(D) +      102 Amends 51-4.211(10)(D) +      103 Amends 51-4.211(11)(D) +      104 Amends 51-4.211(12)(D) +      105 Amends 51-4.211(13)(D) +      106 Amends 51-4.211(14)(D) +      107 Amends 51-4.211(15)(D) +      108 Amends 51-4.211(16) +      109 Amends 51-4.211(17)(D) +      110 Amends 51-4.211(18)(D), (E) +      111 Amends 51-4.211(19)(D) +      112 Amends 51-4.211(20)(D) +      113 Amends 51-4.211(21)(D) +      114 Amends 51-4.211(22) +      115 Amends 51-4.212(1)(D) +      116 Amends 51-4.212(2)(D) +      117 Amends 51-4.212(3)(D) +      118 Amends 51-4.212(4)(D) +      119 Amends 51-4.212(5)(D) +      120 Amends 51-4.212(6)(D) +      121 Amends 51-4.212(7)(D) +      122 Amends 51-4.212(8)(D) +      123 Amends 51-4.212(9)(D) +      124 Amends 51-4.212(10)(D) +      125 Amends 51-4.212(11)(D) +      126 Amends 51-4.212(12)(D) +      127 Amends 51-4.212(13)(D), (F) +      128 Amends 51-4.212(14)(D) +      129 Amends 51-4.213(1)(D) +      130 Amends 51-4.213(2)(D) +      131 Amends 51-4.213(3)(D) +      132 Amends 51-4.213(4)(D) +      133 Amends 51-4.213(5)(D), (E) +      134 Amends 51-4.213(6)(D) +      135 Amends 51-4.213(7)(D) +      136 Amends 51-4.213(8)(D) +      137 Amends 51-4.213(9)(D) +      138 Amends 51-4.213(10)(D) +      139 Amends 51-4.213(11)(D) +      140 Amends 51-4.213(12)(D) +      141 Amends 51-4.213(13)(D), (E) +      142 Amends 51-4.213(14)(D) +      143 Amends 51-4.213(15)(D) +      144 Amends 51-4.213(16)(D) +      145 Amends 51-4.213(17)(D) +      146 Amends 51-4.213(18)(D) +      147 Amends 51-4.213(19)(D) +      148 Amends 51-4.213(19)(E)(ix) +      149 Amends 51-4.213(20)(D) +      150 Amends 51-4.213(21)(D) +      151 Amends 51-4.213(22)(D) +      152 Adds 51-4.213(22)(E) +      153 Amends 51-4.213(23)(D) +      154 Amends 51-4.213(24)(D) +      155 Adds 51-4.213(27) +      156 Amends 51-4.214(1)(C) +      157 Amends 51-4.214(2)(D) +      158 Amends 51-4.214(3)(D) +      159 Amends 51-4.214(4)(D) +      160 Amends 51-4.214(5)(D) +      161 Amends 51-4.214(6)(D) +      162 Amends 51-4.214(7)(D) +      163 Amends 51-4.214(8)(D) +      164 Amends 51-4.214(9)(E) +      165 Amends 51-4.214(11)(D) +      166 Adds 51-4.214(12) +      167 Amends 51-4.215(2)(D) +      168 Amends 51-4.215(3)(D) +      169 Amends 51-4.215(4)(D) +      170 Amends 51-4.215(5)(D) +      171 Amends 51-4.215(6)(D) +      172 Amends 51-4.215(7)(D) +      173 Amends 51-4.215(8)(D) +      174 Amends 51-4.215(9)(D) +      175 Amends 51-4.215(10)(D) +      176 Amends 51-4.215(11)(D) +      177 Amends 51-4.216(1)(D) +      178 Amends 51-4.216(2)(D) +      179 Amends 51-4.216(4)(D) +      180 Amends 51-4.216(5)(D) +      181 Amends 51-4.216(6)(D) +      182 Amends 51-4.216(7)(D) +      183 Amends 51-4.216(8)(D) +      184 Amends 51-4.216(9)(D) +      185 Amends 51-4.216(10)(D) +      186 Adds 51-4.216(11)(D) +      187 Amends 51-4.216(12)(D) +      188 Amends 51-4.216(13)(D) +      189 Amends 51-4.216(14)(D) +      190 Adds 51-4.216.1 +      191 Amends 51-4.217 +      192 Amends 51-4.218 +��     193 Amends 51-4.220 +      194 Amends 51-4.221 +      195 Amends 51-4.302 +      196 Amends 51-4.303 +      197 Amends 51-4.304 +      198 Amends 51-4.306 +      199 Amends Div. 51-4.320 +      200 Amends 51-4.407(a)(2) +      201 Amends 51-4.408(a)(1) +      202 Amends 51-4.502(d), (e) +      203 Amends 51-4.503 +      204 Amends 51-4.504 +      205 Amends 51-4.506 +      206 Amends 51-4.604 +      207 Amends 51-4.605 +      208 Amends 51-6.103 +      209 Amends 51-6.104 +      210 Amends 51-6.106 +      211 Amends 51-6.107 +      212 Amends Ch. 51, Art. VII +      213 Amends 51-9.102 +      214 Adds Ch. 51, Art. IX, Div. 51-9.400 +27864 4-28-10   1 Amends 51-4.305 +28021 9-22-10   1 Adds 51-4.217(b)(5)(E)(viii) +28072 12-8-10   1 Amends 51-2.102(56) +      2 Amends 51-4.102(d)(7) +      3 Amends 51-4.103 +      4 Amends 51-4.408(a)(1) +      5 Amends 51-4.504 +28073 12-8-10   1 Amends 51-2.102(32) +      2 Amends 51-2.102(33) +      3 Amends 51-4.212(13)(F)(iii) +      4 Amends 51-4.803(a)(5)(A) +      5 Amends 51-4.803(e) +28079 12-8-10   1 Amends 51-4.211(10) +      2 Adds 51-4.211(23) +28096 1-12-11   1 Deletes 51-4.207(1)(E)(v) +28125 2-9-11   1 Amends 51-4.215(1) +28214 5-25-11   1 Adds 51-4.210(25) +28700 6-27-12   1 Amends 51-4.209(1) +      2 Adds 51-4.216(15) +28737 8-8-12   1 Amends 51-4.212(13)(F) +      2 Adds 51-4.217(b)(18) +28803 9-26-12   1 Amends 51-4.201(b)(3)(C) +      2 Amends 51-4.201(b)(7)(C) +      3 Amends 51-4.204(4)(C) +      4 Amends 51-4.206(1)(C)(i) +      5 Amends 51-4.207(1)(C) +      6 Amends 51-4.207(3)(C) +      7 Amends 51-4.207(4)(C) +      8 Amends 51-4.207(8)(C) +      9 Amends 51-4.208(6)(C) +      10 Amends 51-4.210(16)(C) +      11 Amends 51-4.211(14)(C) +      12 Amends 51-4.211(18)(C) +      13 Amends 51-4.212(11)(C) +      14 Amends 51-4.214(4)(C) +      15 Amends 51-4.214(5)(C) +      16 Amends 51-4.214(11)(C) +      17 Amends 51-4.214(12)(C) +      18 Amends 51-4.217(b)(6)(C) +29024 6-12-13 10-1-13 1 Amends 51-4.217(b)(5)(E) +29128 9-11-13   1 Adds 51-2.102(8.1) +      2 Adds 51-2.102(23.1) +      3 Adds 51-2.102(23.2) +      4 Adds 51-2.102(86.1) +      5 Adds Ch. 51, Art. IV, Div. 51-4.330 +      6 Adds Ch. 51, Art. IV, Div. 51-4.340 +29228 12-11-13   1 Amends 51-4.213(19) +      2 Adds 51-4.213(28) +29424 8-13-14   1 Adds 51-6.101(7.1) +      2 Amends 51-6.102(a)(5) +29589 12-10-14   1 Amends 51-4.210(3)(A) +      2 Amends 51-4.210(25)(A)(i) +      3 Amends 51-4.210(25)(A)(iii) +      4 Deletes 51-4.210(25)(A)(iv) +      5 Amends 51-4.210(25)(E)(iii) +      6 Deletes 51-4.210(25)(E)(iv) +29687 3-25-15   1 Amends 51-4.215(1)(A) +      2 Amends 51-4.215(1)(C)(i) +      3 Amends 51-4.215(1)(E) +29893 9-22-15   1 Retitles and amends 51-4.504 +29917 10-28-15   1 Adds 51-4.213(10)(E)(ii) +      2 Adds 51-4.213(13)(E)(iii) +      3 Amends 51-4.214(4) +29984 1-13-16   1 Amends 51-4.202(12) +30239 9-28-16   23 Adds 51-2.102(99.1) +      24 Adds 51-2.102(116.1) +30257 10-26-16   1 Amends 51-4.217(b)(9) +30477 5-24-17   1 Adds 51-4.211(23) +30654 9-20-17 10-1-17 35 Amends 51-2.102(75) +      36 Amends 51-2.102(99.1) +      37 Amends 51-2.102(116.1) +30890 6-13-18   1 Amends 51-4.201(b)(1)(C) +      2 Amends 51-4.202(12)(C) +      3 Amends 51-4.213(12)(C) +      4 Amends 51-4.213(19)(C) +30894 6-13-18   1 Amends 51-4.217(b)(11)(F) +      2 Amends 51-4.217(b)(11)(H) +30895 6-13-18   1 Amends 51-4.401(a)(1) +      2 Amends 51-4.401(a)(4) +      3 Amends 51-4.402(a) +      4 Amends 51-4.402(b)(3) +      5 Amends 51-4.403(a)(4) +      6 Amends 51-4.403(b)(2) +      7 Amends 51-6.102(a)(5) +30930 6-27-18   1 Amends 51-4.201(b)(1)(E) +30931 6-27-18   1 Adds 51-4.509 +30932 6-27-18   1 Amends 51-2.102(9) +      2 Adds 51-2.102(9.1) +      3 Amends 51-4.401(a)(6) +      4 Amends 51-4.401(b)(3) +      5 Amends 51-4.401(c)(4)(A)(i) +31040 11-14-18   1 Adds Div. 51-9.500 +31041 11-14-18   1 Adds 51-4.217(b)(19) +31152 3-27-19   1 Amends 51-4.201(b)(7)(E)(ii) +      2 Adds 51-4.404(a)(3) +      3 Adds 51-4.407(c)(2) +      4 Adds 51-4.408(b)(2) +      5 Amends 51-4.409(a) +      6 Adds Div. 51-4.900 +31607 8-12-20   1 Amends + 51-4.201(b)(1)(E)(viii)(ff) +31608 8-12-20   1 Amends + 51-4.201(b)(3)(C) +31705 11-11-20   1 Adds + 51-4.217(b)(19) + Renumbers +31916 6-23-21   1 51-4.217(b)(19) as + 51-4.217(b)(20) +32002 9-22-21   15 Amends + 51-2.102(32) +      16 Amends + 51-2.102(33) +32209 5-11-22   1 Amends + 51-4.216(3) +32264 8-10-22   1 Amends + 51-2.102(7.1) +      2 Amends + 51-2.102(8) +      3 Amends + 51-2.102(53) +32482 6-14-23   2 Amends + 51A-4.116(a)(2)(E) +      3 Amends + 51A-4.116(b)(2)(E) +      4 Amends + 51A-4.116(c)(2)(E) +      5 Amends + 51A-4.116(d)(2)(E) +      6 Amends + 51A-4.121(c)(2)(E) +      7 Amends + 51A-4.121(d)(2)(E) +      8 Amends + 51A-4.124(a)(2)(E) +      9 Amends + 51A-4.124(b)(2)(E) +      10 Amends + 51A-4.125(d)(2)(E) +      11 Amends + 51A-4.125(e)(2)(E) +      12 Amends + 51A-4.125(f)(2)(E) +      13 Amends + 51A-4.126(d)(2)(E) +      14 Amends + 51A-4.126(e)(2)(E) +      15 Amends + 51A-4.126(f)(2)(E) +      16 Amends + 51A-4.127(c)(2)(E) +      17 Amends + 51A-4.205(3) +32556 9-20-23 10-1-23 45 Amends + 51A-1.105(t)(4) +          +  +CHAPTER 51A +DALLAS DEVELOPMENT CODE: ORDINANCE NO. 19455, AS AMENDED +Ordinance Number Specified Passage Effective Date Ordinance Section 51A Section + Date +Ordinance Specified Effective Ordinance 51A Section +Number Passage Date Date Section +19455 02-04-87   61 Adds + Ch. 51A +19499 03-18-87   1 51A-3.103 +      2 51A-4.501 +19557 05-20-87   1 51A-1.105 (d)(4) +      3 51A-7.605 (b), (c) +19581 06-24-87   2 Repeals Div. + 51A-7.2000 +19704 09-30-87     51A-7.303 (b)(2) +19766 11-18-87   1 51A-7.306 (e)(2) +      2 51A-7.306 (e)(3) +19786 12-09-87   5 51A-2.102 (36), (52), (55), + (91), (98), (112), and (132) + Adds +      6 51A-2.102 (61.1), (61.2), + (65.1), (65.2), (73.1), (82.1), + (85.1), and (122.1) +      7 51A-4.101 +      8 51A-4.105 (a)(5) +      9 51A-4.110 +      10 51A-4.120 +      11 51A-4.200 +      12 51A-4.301(a) +      13 51A-4.301 (c)(6), (c)(7), and + (c)(8) +      14 Adds + 51A-4.301(i) +      15 51A-4.303(a) +      16 Adds + 51A-4.304 +      17 51A-4.303 (b)(2) +      18 51A, Art. IV +      19 51A-4.401 (a)(9) +      20 51A-4.412 +      21 51A-4.502 (a)(2) +      22 51A-4.502(c) +      23 Adds + 51A-4.506 +      24 51A-4.602 (b)(7) and (b)(8) +      25 51A-4.603(g) +      26 51A-4.702(a) +      27 51A-4.704 +      28 51A-4.803 (a)(4) +      29 51A, Div. 5.100 +      30 51A-6.102(c) +      31 51A-6.105 +      32 51A-7.102 +      33 51A-7.306 (c), (d), and (e)(1) +      34 51A-7.404 (a)(5) +      35 51A-10.103(a) +      36 51A-10.106 (b)(2) +19806 12-16-87   2 51A-2.102(55) +      3 51A-4.121 (a)(2)(G) +      4 51A-4.121 (b)(2)(G) +      5 51A-4.121 (c)(2)(G), (d)(2)(G) +      6 51A-4.122 (a)(2)(G) +      7 51A-4.122 (b)(2)(G), (c)(2)(G) +      8 51A-4.123(a) thru (d)(2)(G) +      9 51A-4.124 (a)(2)(G), (b)(2)(G) +      10 51A-4.125(d), (e)(2)(G) +      11 51A-4.126(d), (e)(2)(G) +      12 51A-4.207(4) +      14 Repeals + 51A-4.207(1) +19807 12-16-87   1 51A-4.303 +19808 12-16-87   2 51A-4.112 (a)(2)(B) +      3 51A-4.113 (2)(L) +      4 51A-4.114 (2)(L) +      5 51A-4.115 (2)(L) +      6 51A-4.116 (a)(2)(L), (b)(2)(L) +      7 51A-4.116 (c)(2)(L) +      8 51A-4.121 (a)(2)(L) +      9 51A-4.121 (b)(2)(L) +      10 51A-4.122 (a)(2)(L) +      11 51A-4.125 (d)(2)(L) +      12 51A-4.126 (d)(2)(L), (e)(2)(L) +      13 51A-4.212(7) +19810 12-16-87   1 51A-4.210 +19832 01-13-88   1 Adds 51A, Div. 9.300 +19872 02-24-88   1 Adds + 51A-1.106(e) +      2 51A-4.701 (e)(2) +19873 02-24-88   1 51A-4.121 (c)(2)(E) +      2 51A-4.122 (c)(2)(E) +      3 51A-4.123 (a)(2)(E) +      4 51A-4.123 (b)(2)(E) +      5 51A-4.126 (f)(2)(E) +      6 51A-4.205(l) +19879 03-09-88   2 51A-7.404 (a)(5) +19912 03-23-88   2 51A-4.114 (2)(I) +      3 51A-4.115 (2)(I) +      4 51A-4.116 (a)(2)(I), (b)(2)(I) +      5 51A-4.116 (c)(2)(I), (d)(2)(I) +      6 51A-4.124 (a)(2)(I), (b)(2)(I) +      7 51A-4.125 (d)(2)(I), +      8 51A-4.125 (e)(2)(I), (f)(2)(I) +      9 Adds + 51A-4.209(5.1) +      11 Repeals + 51A-4.209(3) +19913 03-23-88   2 51A-4.114 (2)(D) +      3 51A-4.116 (a)(2)(D) (b)(2)(D) +      4 51A-4.116 (c)(2)(D) (d)(2)(D) +      5 51A-4.204(8) +19928 04-13-88   2 51A-4.121 (a)(2)(J) +      3 51A-4.210(23) +19929 04-13-88   5 51A-4.803 (e)(1) +19930 04-13-88   1 51A-4.505 (d)(1) +      2 51A-4.505 (f), (g) +19931 04-13-88   2 51A-4.122 (b)(2)(D) +      3 51A-4.123 (c)(2)(D) +      4 51A-4.123 (d)(2)(D) +      5 51A-4.125 (e)(2)(D) +      6 51A-4.125 (f)(2)(D) +      7 51A-4.204(13) +19935 04-27-88   1 Adds + 51A-4.701(g) +19963 05-25-88   73 51A-1.103 (a)(1) +      74 51A-1.106(e) +19995 06-22-88   2 Ch. 51A, Art. VI +20007 07-13-88   1 51A-7.301 +      3 51A-7.302 +      4 51A-7.401 +      5 51A-7.802 + Renumbers +20037 08-10-88   1 51A-1.105(l) as + 51A-1.105.1 +      2 Adds + 51A-1.105(m) +      3 51A-4.204(4) (C)(iv) +      4 51A-4.212 (5)(B) +      5 51A-4.408 (a)(1) +      6 51A-4.505(g)(6) +      7 51A-4.701(c)(2) +      8 51A-4.702 (a)(7) +      9 51A-4.803(k) +      10 Renumbers Div. 51A 7.2000 as + 51A-7.1100 +      11 Repeals + 51A-9.307(c) +20038 08-10-88   2 51A-4.205 (1)(B) +20073 09-28-88 10-01-88 7 51A-1.105 (a)(2) +      8 51A-1.105 (b)(2) +      9 51A-1.105 (c)(2) +      10 51A-1.105 (d)(2) +      11 51A-1.105 (e)(2) +      12 51A-1.105 (f)(2) +      13 51A-1.105 (g)(2) +      14 51A-1.105 (h)(2) +      15 51A-1.105 (i)(2) +      16 51A-1.105 (j)(2) +      19 51A-8.107(d) +      20 51A-1.105 (k)(2) +20092 10-12-88   1 51A, Art. VIII +20093 10-12-88   1 Adds + 51A-1.105(n) +20122 11-09-88   2 51A-4.110 (a)(2)(K) thru (g)(2) + (K) +      3 51A-4.113 (2)(K) +      4 51A-4.211(9) +20132 11-09-88   1 51A-1.105(a) +      2 51A-4.219(b) +      3 Adds + 51A-4.219(c) +20159 12-14-88   2 51A-4.204(17) +20167 01-11-89   1 51A, Art. 7, Div. + 51A-7.900 +20236 03-08-89   1 Adds + 51A-1.103 (a)(5) +      2 51A-4.401 (a)(5)(A) thru (E) +      4 51A-4.401(d)(1) +      6 51A-4.402(b) +      8 51A-4.402(d) +      10 Adds + 51A-4.403(b) +      12 51A-4.403(d) +      13 51A-4.602(a)(1) +20237 03-08-89   2 51A-4.125(d)(2)(J) +      3 51A-4.125(e)(2)(J) +      4 51A-4.125(f)(2)(J) +      5 51A-4.210(b)(6) +20238 03-08-89   1 Adds + 51A-4.604 +20242 03-08-89   2 51A-4.122(b)(2)(J) +      3 51A-4.122(c)(2)(J) +      4 51A-4.123(a)(2)(J) +      5 51A-4.124(a)(2)(J) +20257 03-22-89   1 51A-4.210(b)(3) +20272 04-12-89   3 Adds + 51A-4.306 +      4 51A-2.102(132) +      5 51A-4.210(b)(9) +      6 51A-4.304(c) and (d)(1) +20273 04-12-89   1 51A-4.122(b)(2)(J) +      2 51A-4.122(c)(2)(J) +      3 51A-4.123(a)(2)(J) +      4 51A-4.124(a)(2)(J) +      5 51A-4.124(b)(2)(J) +      6 51A-4.125(d)(2)(J) +      7 51A-4.125(e)(2)(J) +      8 51A-4.125(f)(2)(J) +      9 51A-4.126(d)(2)(J) +      10 51A-4.126(e)(2)(J) +      11 51A-4.126(f)(2)(J) + Adds +      12 51A-4.210(b)(27), Renumbers 28 + thru 31 +20307 05-10-89   2 51A-4.704(c)(3) and (4) +20308 05-10-89   1 51A-4.412(a)(3) +      2 Adds + 51A-4.505(c)(3) +20343 06-14-89   1 51A-7.102(25) +      2 51A-7.211 +20344 06-14-89   1 Adds + 51A-4.208(3)(E) +20345 06-14-89   1 Adds 51A, Div. 7.1200 +      2 51A-7.504(e) +20359 06-28-89   1 51A-7.201 +      3 51A-7.210 +20360 06-28-89   19 Adds + 51A-2.102 (48.1) +      20 51A-2.102 (73.1) thru (83), + (140) +      21 51A-4.101(1)(R) +      22 51A-4.117 +      23 51A-4.209(4) +      24 51A-4.603(f) +      25 51A-5.101(15), (17) +      26 51A-5.104(b)(5) +      27 51A-7.306(f)(1)(B) +20361 06-28-89   2 51A-2.102(38) +      3 51A-2.102(39) +      4 Repeals + 51A-4.124 (a)(4)(D)(ii) +      5 Repeals + 51A-4.301 (a)(4) +      6 Repeals + 51A-4.409 (a)(1) +20362 06-28-89   1 51A-4.602(a) +20363 06-28-89   1 51A-4.123 (a)(2)(M) +      2 51A-4.123 (b)(2)(M) +      3 51A-4.123 (c)(2)(M) +      4 51A-4.123 (d)(2)(M) + Adds +      5 51A-4.213 (6), renumbers (7) + thru (15) +20378 07-12-89   1 Amends + 51A-7.1101 +20379 07-12-89   2 Adds + 51A-7.102(15.1) +      3 51A-7.301 +      4 51A-7.302 +      5 51A-7.401 +20380 07-12-89   1 51A-4.125(d)(2)(M) +      2 51A-4.125(e)(2)(M) +      3 51A-4.125(f)(2)(M) +      4 51A-4.126(d)(2)(M) +      5 51A-4.126(e)(2)(M) +      6 51A-4.126(f)(2)(M) +      7 51A-4.213(7)(B) +20381 07-12-89   1 51A-4.701(d)(2) +20382 07-12-89   1 51A-4.121(a)(4)(H) +      2 51A-4.121(b)(4)(H) +      3 51A-4.121(c)(4)(H) +      4 51A-4.121(d)(4)(H) +      5 51A-4.122(a)(4)(H) +      6 51A-4.122(b)(4)(H) +      7 51A-4.122(c)(4)(H) +      8 51A-4.123(a)(4)(H) +      9 51A-4.123(b)(4)(H) +      10 51A-4.123(c)(4)(H) +      11 51A-4.123(d)(4)(H) +      12 51A-4.125(d)(4)(H) +      13 51A-4.125(e)(4)(H) +      14 51A-4.125(f)(4)(H) +      15 51A-4.126(d)(4)(H) +      16 51A-4.126(e)(4)(H) +      17 51A-4.126(f)(4)(H) +20383 07-12-89   3 Adds + 51A-2.102(131) +      4 Adds + 51A-4.301(a)(4) +20384 07-12-89   1 51A-4.111(2)(H) +      2 51A-4.112(a)(2)(H) thru (g)(2) + (H) +      3 51A-4.113(2)(H) +      4 51A-4.114(2)(H) +      5 51A-4.115(2)(H) +      6 51A-4.116(a)(2)(H) thru (d)(2) + (H) +      7 51A-4.208(3) +20411 08-09-89 10-08-89 1 Adds + 51A-2.102(47.1) +      2 51A-4.203(a) +      3 51A-4.217(a)(1) +      4 Adds + 51A-6.108 +20425 08-23-89   1 51A-4.123(b)(2)(J) +      2 51A-4.123(c)(2)(J) +      3 51A-4.123(d)(2)(J) +      4 51A-4.210(b)(7)(B) +      5 51A-4.210(b)(30)(B) +20412 08-09-89   1 Adds + 51A-4.704(c)(2) +20440 09-13-89   1 51A-4.403(b)(2) +20441 09-13-89   1 Repeals + 51A-4.111 (4)(G)(ii) + Repeals +      2 51A-4.112 (a) thru (g)(4) (G) + (ii) and (iii) +      3 Repeals + 51A-4.113 (4)(G)(ii) and (iii) +      4 Repeals + 51A-4.114 (4)(G)(ii) and (iii) + Repeals +      5 51A-4.116(a) thru (b)(4) (G)(ii) + and (ii) +20478 10-18-89   1 51A-4.123(c)(2)(F) +      2 51A-4.123(d)(2)(F) +      3 51A-4.203(a) +      4 51A-4.203(b)(1)(B) +      5 51A-4.203(b)(2)(B) +      6 Adds + 51A-4.206(1.1) +      11 Repeals Ord. 20411 +20487 10-25-89   1 51A-3.103(a)(2) +20493 10-25-89   1 51A-4.201(1)(C) +      2 51A-4.201(2)(C) +      3 51A-4.201(3)(C) +      4 51A-4.202(1)(C) +      5 51A-4.202(2)(C) +      6 51A-4.202(3)(C) +      7 51A-4.202(4)(C) +      8 51A-4.202(5)(C) +      9 51A-4.202(6)(C) +      10 51A-4.202(7)(C) +      11 51A-4.202(8)(C) +      12 51A-4.202(9)(C) +      13 51A-4.202(10)(C) +      14 51A-4.202(11)(C) +      15 51A-4.202(12)(C) +      16 51A-4.202(13)(C) +      17 51A-4.202(14)(C) +      18 51A-4.203(b)(1)(C) +      19 51A-4.203(b)(2)(C) +      20 51A-4.203(b)(3)(C) +      21 51A-4.203(b)(4)(C) +      22 51A-4.203(b)(5)(C) +      23 51A-4.203(b)(6)(C) +      24 51A-4.204(1)(C) +      25 51A-4.204(2)(C) +      26 51A-4.204(3)(C) +      27 51A-4.204(4)(C) +      28 51A-4.204(5)(C) +      29 51A-4.204(6)(C) +      30 51A-4.204(7)(C) +      31 51A-4.204(8)(C) +      32 51A-4.204(9)(C) +      33 51A-4.204(10)(C) +      34 51A-4.204(11)(C) +      35 51A-4.204(12)(C) +      36 51A-4.204(13)(C) +      37 51A-4.204(14)(C) +      38 51A-4.204(15)(C) +      39 51A-4.204(16)(C) +      40 51A-4.204(17)(C) +      41 51A-4.205(1)(C) +      42 51A-4.205(2)(C) +      43 51A-4.205(3)(C) +      44 51A-4.206(1)(C) +      45 51A-4.206(2)(C) +      46 51A-4.207(2)(C) +      47 51A-4.207(3)(C) +      48 51A-4.207(4)(C) +      49 51A-4.207(5)(C) +      50 51A-4.208(1)(C) +      51 51A-4.208(2)(C) +      52 51A-4.208(3)(C) +      53 51A-4.209(1)(C) +      54 51A-4.209(2)(C) +      55 51A-4.209(4)(C) +      56 51A-4.209(5)(C) +      57 51A-4.209(5.1)(C) +      58 51A-4.209(6)(C) +      59 51A-4.210(b)(1)(C) +      60 51A-4.210(b)(2)(C) +      61 51A-4.210(b)(3)(C) +      62 51A-4.210(b)(4)(C) +      63 51A-4.210(b)(5)(C) +      64 51A-4.210(b)(6)(C) +      65 51A-4.210(b)(7)(C) +      66 51A-4.210(b)(8)(C) +      67 51A-4.210(b)(9)(C) +      68 51A-4.210(b)(10)(C) +      69 51A-4.210(b)(11)(C) +      70 51A-4.210(b)(12)(C) +      71 51A-4.210(b)(13)(C) +      72 51A-4.210(b)(14)(C) +      73 51A-4.210(b)(15)(C) +      74 51A-4.210(b)(16)(C) +      75 51A-4.210(b)(17)(C) +      76 51A-4.210(b)(18)(C) +      77 51A-4.210(b)(19)(C) +      78 51A-4.210(b)(20)(C) +      79 51A-4.210(b)(21)(C) +      80 51A-4.210(b)(22)(C) +      81 51A-4.210(b)(23)(C) +      82 51A-4.210(b)(24)(C) +      83 51A-4.210(b)(25)(C) +      84 51A-4.210(b)(26)(C) +      85 51A-4.210(b)(27)(C) +      86 51A-4.210(b)(28)(C) +      87 51A-4.210(b)(29)(C) +      88 51A-4.210(b)(30)(C) +      89 51A-4.210(b)(31)(C) +      90 51A-4.211(1)(C) +      91 51A-4.211(2)(C) +      92 51A-4.211(3)(C) +      93 51A-4.211(4)(C) +      94 51A-4.211(5)(C) +      95 51A-4.211(6)(C) +      96 51A-4.211(7)(C) +      97 51A-4.211(8)(C) +      98 51A-4.211(9)(C) +      99 51A-4.212(1)(C) +      100 51A-4.212(2)(C) +      101 51A-4.212(3)(C) +      102 51A-4.212(4)(C) +      103 51A-4.212(5)(C) +      104 51A-4.212(6)(C) +      105 51A-4.212(7)(C) +      106 51A-4.212(8)(C) +      107 51A-4.212(9)(C) +      108 51A-4.212(10)(C) +      109 51A-4.212(11)(C) +      110 51A-4.212(12)(C) +      111 51A-4.213(1)(C) +      112 51A-4.213(2)(C) +      113 51A-4.213(3)(C) +      114 51A-4.213(4)(C) +      115 51A-4.213(5)(C) +      116 51A-4.213(7)(C) +      117 51A-4.213(8)(C) +      118 51A-4.213(9)(C) +      119 51A-4.213(10)(C) +      120 51A-4.213(11)(C) +      121 51A-4.213(12)(C) +      122 51A-4.213(13)(C) +      123 51A-4.213(14)(C) +      124 51A-4.213(15)(C) +      125 Adds + 51A-4.305 +20494 10-25-90   1 51A-4.122(b)(2)(J) +      2 51A-4.210(b)(15)(B) +      3 51A-4.210(b)(15)(E) +20495 10-25-90   1 51A-7.303(b) +20496 10-25-90   1 Adds + 51A-4.219(b)(8) +      2 Adds + 51A-4.702(i) +      3 51A-10.101(14) +      4 Adds + 51A-10.101(15.1) +      5 51A-10.103(b) +      6 51A-10.103(e) and (f) +      7 51A-10.105(a) +      8 Adds + 51A-10.106(a)(3) +      9 Adds + 51A-10.106(h) +      10 51A-10.107(c)(1) +      11 51A-10.107(b) +      12 51A-10.107(f)(3) +      13 51A-10.108 +20539 12-13-89   1 Amends + 51A-4.602(d)(2) +20585 3-28-90   1 Adds + 51A-3.103(c)(10) +      2 Amends + 51A-4.501(a)(2)-(5) + Adds Division +20596 4-11-90   1 51A-7.1300 (§§ + 51A-7.1301 - + 51A-7.1307) +20599 4-11-90   14 Amends + 51A-1.103 (a)(1) +      15 Amends + 51A-1.106(e) +20612 4-25-90   16 Amends + 51A-1.105(j) +      17 Amends + 51A-1.105(m) +      18 Amends + 51A-1.105(n)(6) +20625 5-9-90   1 Amends + 51A-4.111(2)(K) +      2 Amends + 51A-4.112 (2)(K)(a) - (g) +      3 Amends + 51A-4.113(2)(K) +      4 Amends + 51A-4.114(2)(K) +      5 Amends + 51A-4.115(2)(K) +      6 Amends + 51A-4.116(2)(K)(a) - (g) +      7 Amends + 51A-4.117(2)(K) +      8 Amends + 51A-4.121(2)(K)(a) - (d) +      9 Amends + 51A-4.122(2)(K)(a) - (c) +      10 Amends + 51A-4.123(2)(K)(a) - (d) +      11 Amends + 51A-4.124(2)(K)(a), (b) +      12 Amends + 51A-4.125(2)(K)(d) - (f) +      13 Amends + 51A-4.126(2)(K)(d) - (f) +      14 Adds + 51A-4.211(10) +20673 6-27-90   2 Adds + 51A-2.102(38)(D) +      3 Adds + 51A-2.102(11.1) +20728 9-12-90   1 Adds + 51A-7.212 +20729 9-12-90   1 Amends + 51A-4.103(b) +20730 9-12-90   1 Amends + 51A-4.803(f)(2) +      2 Repeals + 51A-8.614(e) +20731 9-12-90   1 Amends + 51A-4.124(a)(2)(D) +      2 Amends + 51A-4.124(a)(2)(L) +      3 Amends + 51A-4.204(10)(B) +      4 Amends + 51A-4.204(11)(B) +      5 Amends + 51A-4.204(12)(B) +      6 Amends + 51A-4.204(15)(B) +      7 Amends + 51A-4.212(11) +20752 9-26-90   1 Amends + 51A-4.124(a)(2)(D) +      2 Amends + 51A-4.204(7)(B) +20760 10-10-90   1 Amends + 51A-1.105(b) +      2 Adds + 51A-1.106(b)(6) +      3 Amends + 51A-1.105(b) + Adds +20778 10-24-90   1 51A-2.102(61.2) renumbers + 51A-2.102(61.2) as 51A-102(61.3) +      2 Amends + 51A-4.301(e) +20806 11-14-90   1 Amends + 51A-4.123(d)(2)(M) +      2 Amends + 51A-4.213(14) +20807 11-14-90   1 Adds + 51A-4.204(12)(E)(ii) +20845 12-12-90   2 Amends + 51A-4.204(3)(A) +      5 Adds + 51A-4.217(b)(7.1) +20884 2-13-91   1 Amends + 51A-4.301(d)(1)(C)(ii) +20895 2-27-91   1 Amends + 51A-4.122(b)(2)(J) +      2 Amends + 51A-4.122(c)(2)(J) +      3 Amends + 51A-4.123(a)(2)(J) +      4 Amends + 51A-4.123(b)(2)(J) +      5 Amends + 51A-4.123(c)(2)(J) +      6 Amends + 51A-4.123(d)(2)(J) +      7 Amends + 51A-4.124(a)(2)(J) +      8 Amends + 51A-4.124(b)(2)(J) +      9 Amends + 51A-4.125(e)(2)(J) +      10 Amends + 51A-4.125(f)(2)(J) +      11 Amends + 51A-4.126(e)(2)(J) +      12 Amends + 51A-4.126(f)(2)(J) +      13 Amends + 51A-4.210(b)(7)(B) +20902 3-13-91   1 Amends + 51A-4.122(c)(2)(B) +      2 Amends + 51A-4.123(a)(2)(B) +      3 Amends + 51A-4.123(b)(2)(B) +      4 Amends + 51A-4.123(c)(2)(B) +      5 Amends + 51A-4.123(d)(2)(B) +      6 Amends + 51A-4.124(a)(2)(B) +      7 Amends + 51A-4.124(b)(2)(B) +      8 Amends + 51A-4.125(d)(2)(B) +      9 Amends + 51A-4.125(e)(2)(B) +      10 Amends + 51A-4.125(f)(2)(B) +      11 Amends + 51A-4.126(d)(2)(B) +      12 Amends + 51A-4.126(e)(2)(B) +      13 Amends + 51A-4.126(f)(2)(B) +      14 Adds + 51A-4.202(8.1) +20920 4-10-91   1 Amends + 51A-1.105(a)(4) +      2 Amends + 51A-2.102(55) +      3 Amends + 51A-4.121(b)(2)(E) +      4 Amends + 51A-4.121(c)(2)(E) +      5 Amends + 51A-4.121(d)(2)(E) +      6 Amends + 51A-4.122(b)(2)(E) +      7 Amends + 51A-4.122(c)(2)(E) +      8 Amends + 51A-4.123(a)(2)(E) +      9 Amends + 51A-4.123(b)(2)(E) +      10 Amends + 51A-4.123(c)(2)(E) +      11 Amends + 51A-4.124(a)(2)(E) +      12 Amends + 51A-4.124(b)(2)(E) +      13 Amends + 51A-4.125(e)(2)(E) +      14 Amends + 51A-4.125(f)(2)(E) +      15 Amends + 51A-4.126(d)(2)(E) +      16 Amends + 51A-4.126(e)(2)(E) +      17 Amends + 51A-4.126(f)(2)(E) +      18 Amends + 51A-4.205(2.1) +      19 Amends + 51A-4.502(a)(2) +      20 Repeals: + 51A-4.116(a)(2)(D) +        51A-4.116(b)(2)(D) +        51A-4.116(c)(2)(D) +        51A-4.116(d)(2)(D) +        51A-4.121(c)(2)(D) +        51A-4.121(d)(2)(D) +        51A-4.122(b)(2)(D) +        51A-4.122(c)(2)(D) +��       51A-4.123(a)(2)(D) +        51A-4.124(a)(2)(D) +        51A-4.124(b)(2)(D) +        51A-4.125(d)(2)(D) +        51A-4.125(e)(2)(D) +        51A-4.125(f)(2)(D) +        51A-4.126(d)(2)(D) +        51A-4.126(e)(2)(D) +        51A-4.126(f)(2)(D) +      21 Repeals + 51A-4.204(12) +20926 4-10-91   3 Amends + 51A-1.105(b)(4) +      5 Amends + 51A-1.106(a) +      7 Amends + 51A-3.102(b) +      8 Amends + 51A-3.102(c)(1) +      9 Amends + 51A-3.102(e) +      11 Amends + 51A-4.703(a)-(e) +      12 Amends + 51A-4.703 +20927 4-10-91   1 Amends + 51A-1.105(b)(4) +      2 Adds + 51A-1.105(o) +      3 Amends + 51A-7.102 +      4 Amends + 51A-7.203(a) +      5 Amends + 51A-7.205(c)-(e) +      6 Amends + 51A-7.207 +      7 Amends + 51A-7.212(a)(5) +      8 Amends + 51A-7.303(e) +      9 Amends + 51A-7.304(b)(2) +      10 Amends + 51A-7.304(h) +      11 Amemds + 51A-7.305(f) +      12 Amends + 51A-7.306(b)(2) +      13 amends + 51A-7.306(c)-(f) +      14 Amends + 51A-7.402(b) +      15 Amends + 51A-7.403(a) +      16 Amends + 51A-7.403(b)(2) +      17 Amends + 51A-7.502(a) +      18 Amends + 51A-7.504(a) +      19 Amends + 51A-7.504(c) +      20 Amends + 51A-7.603 +      21 Amends 51-7.605(c)(1) +      22 Amends + 51A-7.702(b) +      23 Amends + 51A-7.702(c) +      24 Amends + 51A-7.702(e) +      25 Amends + 51A-7.703(a) +      26 Amends + 51A-7.705(b) +      27 Adds + 51A-7.706 +      28 Amends + 51A-7.801 +      29 Amends + 51A-7.911(b)(1)(C) +      30 Amends + 51A-7.1005(b)(1)(B) +      31 Amends + 51A-7.1105(b)(1)(B) +      32 Amends + 51A-7.1204(d) +      33 Repeals: + 51A-1.105(g) +        51A-7.304(g) +        51A-7.604 +        51A-7.703(c)(1) +        51A-7.704 +        51A-7.705(d) +20928 4-10-91   1 Amends + 51A-4.125(f)(2)(M) +      2 Amends + 51A-4.213(8)(A) +      3 Amends + 51A-4.213(8)(B) +      4 Adds + 51A-4.213(8)(E)(ii) +20949 5-22-91   1 Amends + 51A-1.106(a) +      2 Amends + 51A-7.505(c) +20950 5-22-91   1 Amends + 51A-4.111(2)(M) +      2 Amends + 51A-4.112(a)(2)(M) +      3 Amends + 51A-4.112(b)(2)(M) +      4 Amends + 51A-4.112(c)(2)(M) +      5 Amends + 51A-4.112(d)(2)(M) +      6 Amends + 51A-4.112(e)(2)(M) +      7 Amends + 51A-4.112(f)(2)(M) +      8 Amends + 51A-4.112(g)(2)(M) +      9 Amends + 51A-4.113(2)(M) +      10 Amends + 51A-4.114(2)(M) +      11 Amends + 51A-4.115(2)(M) +      12 Amends + 51A-4.116(a)(2)(M) +      13 Amends + 51A-4.116(b)(2)(M) +      14 Amends + 51A-4.116(c)(2)(M) +      15 Amends + 51A-4.116(d)(2)(M) +      16 Amends + 51A-4.117(2)(M) +      17 Amends + 51A-4.121(a)(2)(M) +      18 Amends + 51A-4.121(b)(2)(M) +      19 Amends + 51A-4.121(c)(2)(M) +      20 Amends + 51A-4.121(d)(2)(M) +      21 Amends + 51A-4.122(a)(2)(M) +      22 Amends + 51A-4.122(b)(2)(M) +      23 Amends + 51A-4.122(c)(2)(M) +      24 Amends + 51A-4.123(a)(2)(M) +      25 Amends + 51A-4.123(b)(2)(M) +      26 Amends + 51A-4.123(c)(2)(M) +      27 Amends + 51A-4.123(d)(2)(M) +      28 Amends + 51A-4.124(a)(2)(M) +      29 Amends + 51A-4.124(b)(2)(M) +      30 Amends + 51A-4.125(d)(2)(M) +      31 Amends + 51A-4.125(e)(2)(M) +      32 Amends + 51A-4.125(f)(2)(M) +      33 Amends + 51A-4.126(d)(2)(M) +      34 Amends + 51A-4.126(e)(2)(M) +      35 Amends + 51A-4.126(f)(2)(M) +      36 Amends + 51A-4.213(11) +20953 5-22-91   1 Amends + 51A-4.209(5)(C)(i) +20954 5-22-91   1 Adds + 51A-7.507 +20962 6-12-91   1 Amends + 51A-7.505 +      2 Amends + 51A-7.403(b)(2) +21000 6-26-91   3 Amends + 51A-4.212(4) +      4 Amends + 51A-4.408(a)(1) +21001 6-26-91   1 Amends + 51A-4.124(a)(2)(A) +      2 Amends + 51A-4.124(a)(2)(B) +      3 Amends + 51A-4.124(a)(2)(G) +      4 Amends + 51A-4.124(a)(2)(J) +      5 Amends + 51A-4.124(a)(2)(K) +      6 Amends + 51A-4.124(a)(2)(L) +      7 Amends + 51A-4.124(a)(2)(M) +      8 Amends + 51A-4.124(b)(2)(A) +      9 Amends + 51A-4.124(b)(2)(B) +      10 Amends + 51A-4.124(b)(2)(G) +      11 Amends + 51A-4.124(b)(2)(J) +      12 Amends + 51A-4.124(b)(2)(K) +      13 Amends + 51A-4.124(b)(2)(L) +      14 Amends + 51A-4.124(b)(2)(M) +      15 Amends + 51A-4.201(3)(B) +      16 Amends + 51A-4.202(9)(B) +      17 Amends + 51A-4.202(10) +      18 Amends + 51A-4.202(14)(B) +      19 Amends + 51A-4.207(3)(B) +      20 Amends + 51A-4.210(6)(B) +      21 Amends + 51A-4.210(10)(B) +      22 Amends + 51A-4.210(15)(B) +      23 Amends + 51A-4.210(25)(B) +      24 Amends + 51A-4.210(31)(B) +      25 Amends + 51A-4.211(2)(B) +      26 Amends + 51A-4.212(12)(B) +      27 Amends + 51A-4.213(1)(B) +      28 Amends + 51A-4.213(3)(B) +      29 Amends + 51A-4.213(4)(B) +      30 Amends + 51A-4.217(10)(B) + Adds new +21002 6-26-91   1 51A-2.102(41.1), (45.1), (52.1), + (111.1), (118.1), (125.1), + (131.1), (131.2) +      2 Amends + 51A-4.111(3) +      3 Amends + 51A-4.112(a)(3)(A) +      4 Amends + 51A-4.112(b)(3)(A) +      5 Amends + 51A-4.112(c)(3)(A) +      6 Amends + 51A-4.112(d)(3)(A) +      7 Amends + 51A-4.112(e)(3)(A) +      8 Amends + 51A-4.112(f)(3)(A) +      9 Amends + 51A-4.112(g)(3)(A) +      10 Amends + 51A-4.113(3)(A) +      11 Amends + 51A-4.114(3) +      12 Amends + 51A-4.115(3)(A) +      13 Amends + 51A-4.116(a)(3) +      14 Amends + 51A-4.116(b)(3) +      15 Amends + 51A-4.116(c)(3) +      16 Amends + 51A-4.116(d)(3) +      17 Amends + 51A-4.117(3) +      18 Amends + 51A-4.121(a)(3) +      19 Amends + 51A-4.121(b)(3) +      20 Amends + 51A-4.121(c)(3) +      21 Amends + 51A-4.121(d)(3) +      22 Amends + 51A-4.122(a)(3) +      23 Amends + 51A-4.122(b)(3) +      24 Amends + 51A-4.122(c)(3) +      25 Amends + 51A-4.123(a)(3) +      26 Amends + 51A-4.123(b)(3) +      27 Amends + 51A-4.123(c)(2)(C) +      28 Amends + 51A-4.123(c)(2)(F) +      29 Amends + 51A-4.123(c)(3) +      30 Amends + 51A-4.123(d)(2)(C) +      31 Amends + 51A-4.123(d)(3) +      32 Amends + 51A-4.124(a)(3) +      33 Amends + 51A-4.124(b)(3) +      34 Amends + 51A-4.125(d)(3) +      35 Amends + 51A-4.125(e)(3) +      36 Amends + 51A-4.125(f)(3) +      37 Amends + 51A-4.126(d)(3) +      38 Amends + 51A-4.126(e)(3) +      39 Amends + 51A-4.126(f)(3) +      40 Amends + 51A-4.203(a)(2) + Adds +      41 51A-4.203(b)(2.1), (3.1), and + (5.1) +      42 Amends + 51A-4.206(1.1)(B) +      43 Amends + 51A-4.206(1.1)(E) + Adds +      44 51A-4.217(b)(3.1), (6.1), and + (7.1) +21044 9-1-91   1 Renaming Art. I +      2 Amends + 51A-1.102(b) +      6 Amends + 51A-2.102(55) +      7 Amends + 51A-4.111(2)(D) +      8 Amends + 51A-4.111(2)(I) + Amends +      9 51A-4.112(a)(2)(D) thru (g)(2) + (D) + Amends +      10 51A-4.112(a)(2)(I) thru (g)(2) + (D) +      11 Amends + 51A-4.113(2)(D) +      12 Amends + 51A-4.113(2)(I) +      13 Amends + 51A-4.114(2)(D) +      14 Amends + 51A-4.114(2)(I) +      15 Amends + 51A-4.115(2)(D) +      16 Amends + 51A-4.115(2)(I) + Amends +      17 51A-4.116(a)(2)(D) thru (d)(2) + (D) + Amends +      18 51A-4.116(a)(2)(I) thru (d)(2) + (I) + Amends +      19 51A-4.116 (a)(2)(I) thru (b)(2) + (I) +      20 Amends + 51A-4.117(2)(D) +      21 Amends + 51A-4.117(2)(I) +      22 Amends + 51A-4.121(b)(2)(D) +      23 Amends 51A-4.(c)(2)(D) +      24 Amends + 51A-4.121(d)(2)(D) +      25 Amends + 51A-4.121(d)(2)(I) +      26 Amends + 51A-4.122(a)(2)(D) +      27 Amends + 51A-4.122(b)(2)(D) +      28 Amends + 51A-4.123(a)(2)(D) + Amends +      29 51A-4.124(a)(2)(D) thru (d)(2) + (D) + Amends +      30 51A-4.124(a)(2)(I) thru (b)(2) + (I) +      31 Amends + 51A-4.125(d)(2)(D) +      32 Amends + 51A-4.125(d)(2)(I) +      33 Amends + 51A-4.125(e)(2)(I) +        Amends + 51A-4.125(f)(2)(I) +      34 Amends + 51A-4.125(f)(2)(D) + Amends +      35 51A-4.126(d)(2)(D) thru (f)(2) + (D) +      36 Amends + 51A-4.204(8) +      37 Amends + 51A-4.204(8)(B) +      38 Adds + 51A-4.209(3) +      39 Adds + 51A-4.209(3.1) +      40 Amends + 51A-4.209(5.1)(A) + Adds +      41 51A-4.210(a) renumbering + paragraphs (1) thru (6) as (b) +      42 Amends + 51A-4.502(a)(2) +      46 Repeals + 51A-4.204(6) +      47 Repeals + 51A-4.204(10) +      48 Repeals + 51A-4.204(15) +21045 9-11-91 1-1-92 2 Amends + 51A-8.612(a) +21114 11-13-91   1 Adds Div. + 51A-7.1400 +21145 12-11-91   1 Adds Div. + 51A-7.1500 +21153 12-11-91   14 Amends + 51A-3.101(a) +      15 Amends + 51A-3.103(a) +21183 1-22-92   1 Amends + 51A-1.105.1 +      2 Adds + 51A-1.107 +21186 1-22-92   14 Adds + 51A-2.102(7.1) +      15 Adds + 51A-2.102(23.1) +      16 Adds + 51A-2.102(77.1) +      17 Adds + 51A-2.102(77.2) +      18 Adds + 51A-2.102(111.1) +      19 Amends + 51A-2.102 +      20 Adds + 51A-2.102(138.1) +      21 Amends + 51A-4.115(4)(A) +      22 Amends + 51A-4.123(a)(4)(A) +      23 Amends + 51A-4.123(d)(4)(A) +      24 Amends + 51A-4.401(a)(2) +      25 Amends + 51A-4.402(a)(2) +      26 Amends + 51A-6.101(2) +      27 Amends + 51A-7.304(b)(2) +      28 Amends + 51A-7.304(g) +      29 Amends + 51A-7.605(c) +      30 Amends + 51A-8.103(c) +      31 Amends + 51A-8.403(b)(1) +      32 Amends + 51A-8.503(c) +      33 Amends + 51A-8.506(a) +      34 Amends + 51A-8.601(a) +      35 Amends + 51A-8.602(b)(1) +      36 Amends + 51A-8.602(b)(3) +      37 Amends + 51A-8.604(a) +      38 Amends + 51A-8.604(c) +      39 Amends + 51A-8.607(c) +      40 Amends + 51A-8.614(d)(1) +      41 Amends + 51A-8.617(a) +      42 Amends + 51A-9.101 +      43 Amends + 51A-9.201(a) +      44 Amends + 51A-9.201(f) +      45 Amends + 51A-9.202(a) +      46 Amends + 51A-9.301(3) + Repeals +      47 51A-7.102(13) and + 51A-8.201(27) and (52) +21209 2-26-92   1 Amends + 51A-4.210(b)(7)(A) +      2 Amends + 51A-4.210(b)(7)(C) +      3 Amends + 51A-4.301(i)(1) +21210 2-26-92   1 Amends + 51A-4.213(14)(E) +      2 Amends + 51A-4.301(d)(2) +      3 Adds + 51A-4.301(d)(3.1) +      4 Amends + 51A-4.301(d)(4) +21243 3-25-92   1 Amends + 51A-4.702(c)(2) +      2 Amends + 51A-4.702(d) +      3 Adds + 51A-4.702(f)(1.1) +21244 3-25-92   1 Amends + 51A-4.501(b)(6)(A) +      2 Amends + 51A-4.501(b)(6)(F) +21259 4-8-92   1 Amends + 51A-4.122 (b)(2)(J) +      2 Amends + 51A-4.122(c)(2)(J) +      3 Amends + 51A-4.123(a)(2)(J) +      4 Amends + 51A-4.123(c)(2)(J) +      5 Amends + 51A-4.123(d)(2)(J) +      6 Amends + 51A-4.124(a)(2)(J) +      7 Amends + 51A-4.124(b)(2)(J) +      8 Amends + 51A-4.125(d)(2)(J) +      9 Amends + 51A-4.125(e)(2)(J) +      10 Amends + 51A-4.125(f)(2)(J) +      11 Amends + 51A-4.126(d)(2)(J) +      12 Amends + 51A-4.126(e)(2)(J) +      13 Amends + 51A-4.126(f)(2)(J) +      14 Amends + 51A-4.210(b)(22)(B) +      15 Adds + 51A-4.210(b)(22)(E) +21289 5-13-92   1 Adds + 51A-4.210(b)(12)(E) +      2 Adds + 51A-4.210(b)(13)(E)(ii) +      3 Adds + 51A-4.210(b)(14)(E)(ii) +      4 Amends + 51A-4.213(9)(A) +      5 Adds + 51A-4.213(9)(E)(iii) +      6 Amends + 51A-4.217(b)(6)(A) +21290 5-13-92   1 Amends + 51A-4.301(b)(2) +      2 Amends + 51A-4.401(c) +      3 Amends + 51A-4.402(c) +21291 5-13-92   1 Amends + 51A-4.210(b)(7)(C) +21299 5-27-92   1 Amends + 51A-5.102(d) +      2 Amends + 51A-5.105(e)(2) and (4) +21314 6-10-92   1 Amends + 51A-4.111(2)(L) +      2 Amends Paragraph (2)(L) of + 51A-4.112 (a) thru (g) +      3 Amends + 51A-4.113(2)(L) +      4 Amends + 51A-4.114(2)(L) +      5 Amends + 51A-4.115(2)(L) +      6 Amends Paragraph (2)(L) of + 51A-4.116 (a) thru (d) +      7 Amends + 51A-4.117(2)(L) +      8 Amends Paragraph (2)(L) of + 51A-4.121 (a) thru (d) +      9 Amends Paragraph (2)(L) of + 51A-4.122 (a) thru (c) +      10 Amends Paragraph (2)(L) of + 51A-4.123 (a) thru (d) +      11 Amends Paragraph (2)(L) of + 51A-4.124 (a) and (b) +      12 Amends Paragraph (2)(L) of + 51A-4.125 (d) thru (f) +      13 Amends Paragraph (2)(L) of + 51A-4.126 (d) thru (f) +      14 Adds + 51A-4.212(10.1) +21398 8-26-92   1 Adds + 51A-4.603(h) +21399 8-26-92   1 Amends + 51A-4.121(a)(4)(B)(ii) +      2 Amends + 51A-4.121(b)(4)(B)(i)(bb) +      3 Amends + 51A-4.121(c)(4)(B)(i)(bb) +      4 Amends + 51A-4.121(d)(4)(B)(i)(bb) +      5 Amends + 51A-4.122(a)(4)(B)(ii) +      6 Amends + 51A-4.122(b)(4)(B)(ii) +      7 Amends + 51A-4.122(c)(4)(B)(ii) +      8 Amends + 51A-4.123(a)(4)(B)(ii) +      9 Amends + 51A-4.123(b)(4)(B)(ii) +      10 Amends + 51A-4.123(c)(4)(B)(ii) +      11 Amends + 51A-4.123(d)(4)(B)(ii) +      12 Amends + 51A-4.125(d)(4)(B)(i)(bb) +      13 Amends + 51A-4.125(e)(4)(B)(i)(bb) +      14 Amends + 51A-4.125(f)(4)(B)(i)(bb) +      15 Amends + 51A-4.126(d)(4)(B)(i)(bb) +      16 Amends + 51A-4.126(e)(4)(B)(i)(bb) +      17 Amends + 51A-4.126(f)(4)(B)(i)(bb) +21400 8-26-92   1 Amends + 51A-4.125(d)(2)(J) +      2 Amends + 51A-4.126(d)(2)(J) +      3 Amends + 51A-4.210(b)(7)(B) +21401 8-26-92   1 Amends + 51A-7.102(37) +21402 8-26-92   1 Amends + 51A-7.505(a) +21403 8-26-92   1 Amends + 51A-4.501(b)(4) +      2 Amends + 51A-4.501(b)(5) +      3 Amends + 51A-4.501(b)(6)(A) +21404 8-26-92   1 Amends Div. + 51A-7.900 +      2 Amends Div. + 51A-7.1000 +21431 9-23-92 10-1-92 10 Amends + 51A-1.105(a)(4) +      11 Amends + 51A-1.105(b)(4) +      12 Amends + 51A-1.105(e)(5) +      13 Amends + 51A-1.105(i) +      14 Amends + 51A-1.105(k)(3) +      15 Amends + 51A-1.105(n)(4) +      16 Amends + 51A-4.701(e)(3) +      17 Amends + 51A-8.702 +21442 10-14-92   1 Amends + 51A-4.117(2)(D) +      2 Amends + 51A-4.121(a)(2)(D) +      3 Amends + 51A-4.121(b)(2)(D) +      4 Amends + 51A-4.121(c)(2)(D) +      5 Amends + 51A-4.121(d)(2)(D) +      6 Amends + 51A-4.122(b)(2)(D) +      7 Amends + 51A-4.123(a)(2)(D) +      8 Amends + 51A-4.123(b)(2)(D) +      9 Amends + 51A-4.123(c)(2)(D) +      10 Amends + 51A-4.125(d)(2)(D) +      11 Amends + 51A-4.125(e)(2)(D) +      12 Amends + 51A-4.125(f)(2)(D) +      13 Amends + 51A-4.126(d)(2)(D) +      14 Amends + 51A-4.126(e)(2)(D) +      15 Amends + 51A-4.126(f)(2)(D) +      16 Amends + 51A-4.204(7) +21454 10-28-92   2 Amends + 51A-4.217(b)(8)(E) +21455 10-28-92   1 Adds + 51A-7.304(i) +21456 10-28-92   1 Amends + 51A-4.123(a)(2)(C) +      2 Amends + 51A-4.123(b)(2)(C) +      3 Amends + 51A-4.123(c)(2)(C) +      4 Amends + 51A-4.123(d)(2)(C) +      5 Adds + 51A-4.203(b)(1.1) +21491 12-9-92 1-1-93 2 Amends + 51A-8.612(a) +21511 12-9-92 12-31-92 1 Repeals + 51A-7.706 +21512 12-9-92   1 Amends + 51A-3.103(a) +21513 12-9-92   1 Amends + 51A-4.501(b)(6)(D) +      2 Amends + 51A-4.501(b)(6)(E) +21553 1-27-93   1 Adds + 51A-4.307 +      3 Amends + 51A-1.105(b)(6) +      4 Amends + 51A-4.704 +21626 4-14-93   2 Amends + 51A-7.1004(a)(2) +      3 Amends + 51A-7.1004(a)(4) +      4 Amends + 51A-7.1005(a)(4) +      5 Amends + 51A-7.1005(d)(1) +      6 Amends + 51A-7.1005(e) +21633 4-14-93   1 Adds + 51A-1.104.1 +21636 5-12-93   1 Adds + 51A-5.107 +21658 5-12-93   1 Adds + 51A-4.301(d)(5.1) +21659 5-12-93   1 Amends + 51A-4.210(b)(7)(B) +      2 Adds + 51A-4.210(b)(7)(E) + Amends Div. +21660 5-12-93   1 51A-4.320 (§§ + 51A-4.321 - + 51A-4.331) +21663 5-12-93   2 Amends + 51A-1.105.1 +      3 Amends + 51A-2.102(75) +      4 Amends + 51A-2.102(79) +      5 Amends + 51A-2.102(84) +      6 Amends + 51A-2.102(85) +      7 Amends + 51A-2.102(119) +      8 Amends + 51A-4.101(1) +      9 Amends + 51A-4.101(6) +      10 Amends + 51A-4.116(a) +      11 Amends + 51A-4.116(b) +      12 Amends + 51A-4.116(c)(4)(B) +      13 Amends + 51A-4.116(d)(4)(B) +      14 Amends + 51A-4.121(a)(8)(B) +      15 Amends + 51A-4.121(b)(8)(B) +      16 Amends + 51A-4.121(c)(8)(B) +      17 Amends + 51A-4.121(d)(8)(B) +      18 Amends + 51A-4.122(a)(8)(B) +      19 Amends + 51A-4.122(b)(8)(B) +      20 Amends + 51A-4.122(c)(8)(B) +      21 Amends + 51A-4.123(a)(8)(B) +      22 Amends + 51A-4.123(b)(8)(B) +      23 Amends + 51A-4.123(c)(8)(B) +      24 Amends + 51A-4.123(d)(8)(B) +      25 Amends + 51A-4.125(b) +      26 Amends 51A-125(d) +      27 Amends + 51A-4.125(e) +      28 Amends + 51A-4.125(f) +      29 Amends + 51A-4.126(d)(8)(B) +      30 Amends + 51A-4.126(e)(8)(B) +      31 Amends + 51A-4.126(f)(8)(B) +      32 Amends + 51A-4.202(11)(B) +      33 Amends + 51A-4.202(13)(B) +      34 Amends + 51A-4.204(8)(E)(i) +      35 Amends + 51A-4.204(13)(B) +      36 Amends + 51A-4.204(14)(B) +      37 Amends + 51A-4.205(1)(B) +      38 Amends + 51A-4.205(2)(B) +      39 Amends + 51A-4.205(2.1)(B)(i) +      40 Amends + 51A-4.209(2)(B) +      41 Amends + 51A-4.209(3)(E)(i) +      42 Amends + 51A-4.209(3.1)(B) +      43 Amends + 51A-4.209(5.1)(E)(ii) +      44 Amends + 51A-4.209(6)(B) +      45 Amends + 51A-4.210(7)(B) +      46 Amends + 51A-4.210(16)(B) +      47 Amends + 51A-4.210(17)(B) +      48 Amends + 51A-4.211(3)(B) +      49 Amends + 51A-4.211(4)(B) +      50 Amends + 51A-4.211(6)(B) +      51 Amends + 51A-4.211(10)(E)(vii) +      52 Amends + 51A-4.212(10.1)(B)(i) +      53 Amends + 51A-4.213(8)(B) +      54 Amends + 51A-4.213(8)(E)(ii) +      55 Amends + 51A-4.213(11)(B)(ii) +      56 Amends + 51A-4.213(11.1)(B)(ii) +      57 Amends + 51A-4.213(13)(B) +      58 Amends + 51A-4.217(b)(3)(B) +      59 Amends + 51A-4.301(b)(3) +      60 Amends + 51A-4.407(a)(1) +      61 Amends + 51A-4.408(a)(4) +      62 Amends + 51A-4.412(a)(3) +      63 Amends + 51A-4.602(c)(6) + Adds Div. +      64 51A-4.900 (§§ + 51A-4.901 - + 51A-4.910) +      65 Amends + 51A-7.306(d) +      66 Amends + 51A-7.306(e)(1)(B) +      67 Amends + 51A-7.306(f)(1) +      68 Amends + 51A-7.306(g) +21694 6-9-93   2 Adds + 51A-7.911(e)(4) +21697 6-9-93   2 Amends + 51A-4.210(b)(20)(C) +21735 6-23-93   2 Amends + 51A-1.104(a) +      7 Amends + 51A-4.116(d)(2)(J) +      8 Amends + 51A-4.121(b)(2)(J) +      9 Amends + 51A-4.121(c)(2)(J) +      10 Amends + 51A-4.121(d)(2)(J) +      11 Amends + 51A-4.122(b)(2)(J) +      12 Amends + 51A-4.122(c)(2)(J) +      13 Amends + 51A-4.123(a)(2)(J) +      14 Amends + 51A-4.123(b)(2)(J) +      15 Amends + 51A-4.123(c)(2)(J) +      16 Amends + 51A-4.123(d)(2)(J) +      17 Amends + 51A-4.124(a)(2)(J) +      18 Amends + 51A-4.124(b)(2)(J) +      19 Amends + 51A-4.125(d)(2)(J) +      20 Amends + 51A-4.125(e)(2)(J) +      21 Amends + 51A-4.125(f)(2)(J) +      22 Amends + 51A-4.126(d)(2)(J) +      23 Amends + 51A-4.126(e)(2)(J) +      24 Amends + 51A-4.126(f)(2)(J) +      25 Amends + 51A-4.210(b)(4) +      26 Amends + 51A-4.210(b)(17) +      27 Amends + 51A-4.217(a) +      28 Amends + 51A-4.503 +21751 8-11-93   2 Amends + 51A-1.105(k)(3) +21760 8-11-93   1 Amends + 51A-4.803(a) Table 1 +21796 9-8-93   1 Amends + 51A-4.125(d)(2)(J) +      2 Amends + 51A-4.125(e)(2)(J) +      3 Amends + 51A-4.125(f)(2)(J) +      4 Amends + 51A-4.126(d)(2)(J) +      5 Amends + 51A-4.126(e)(2)(J) +      6 Amends + 51A-4.126(f)(2)(J) +      7 Amends + 51A-4.210(b)(8)(B) +21797 9-8-93   4 Amends + 51A-7.208 +      5 Adds + 51A-7.213 +      7 Repeals + 51A-7.304(i) +21798 9-8-93   1 Amends + 51A-7.205 +      2 Amends + 51A-7.304(b)(3) +      3 Amends + 51A-7.403(a)(2) +21855 10-13-93   1 Amends + 51A-7.205(c)(2)(B) +21874 10-27-93   2 Amends + 51A-4.501(e) + Adds Art. XI, Div. +      3 51A-11.100 (§ + 51A-11.101) +21895 11-10-93   1 Adds + 51A-4.603(i) +21960 1-26-94   1 Amends + 51A-4.124(a)(1) +      2 Adds + 51A-4.124(a)(9) +      3 Amends + 51A-4.210(b)(9)(E) +      4 Amends + 51A-4.306(a) +21978 2-23-94   2 Amends + 51A-7.205(c)(1) +      3 Amends + 51A-7.305(d) +      4 Amends + 51A-7.404(a)(4) +22004 3-23-94   2 Amends + 51A-1.105(a) +      3 Adds + 51A-4.217(b)(12) +22018 4-13-94   1 Adds + 51A-2.102(112.1) +      2 Amends + 51A-4.501(a)(2) +      3 Amends + 51A-4.501(a)(3) +      4 Adds + 51A-4.501(f) + Amends Ch. 51A, Art. VII, Div. +22019 4-13-94   2 51A-7.1400, + 51A-7.1401 thru + 51A-7.1407 +22020 4-13-94   1 Amends + 51A-4.210(7) +22022 4-13-94   1 Amends + 51A-8.612(a) +22026 4-20-94 7-1-94 113 Amends + 51A-1.105(j)(2) +      114 Amends + 51A-1.105(m)(2) +      115 Amends + 51A-4.203(b)(4)(E) +      116 Amends + 51A-4.203(b)(4)(F) +      117 Amends + 51A-4.204(4)(C)(v) +      118 Amends + 51A-4.211(10)(E)(i) +      119 Amends + 51A-4.211(10)(E)(vii) +      120 Amends + 51A-4.301(d)(3.1) +      121 Amends + 51A-4.502(e)(6) +      122 Amends + 51A-4.803(a)(2) +      123 Amends + 51A-4.803(e)(1) +      124 Amends + 51A-8.402 +      125 Amends + 51A-8.403(b)(8)(J) +      126 Amends + 51A-8.403(b)(10) +      127 Amends + 51A-8.607 +      128 Amends + 51A-8.608(d) +      129 Amends + 51A-8.608(f) +      130 Amends + 51A-8.609(d)(2) +      131 Amends + 51A-8.613 +      132 Amends + 51A-9.102(a) +      133 Amends + 51A-9.305(a) +      134 Amends + 51A-11.101(b)(6)(C) +22053 5-25-94   11 Amends + 51A-4.219(b)(2)(A) +      12 Amends + 51A-4.219(b)(8) + Adds Div. +      13 51A-4.310, + 51A-4.311 thru + 51A-4.312 + Renumbers +      14 51A-4.401(d) as (e), and adds a + new + 51A-4.401(d) + Renumbers +      15 51A-4.402(d) as (e), and adds a + new + 51A-4.402(d) + Renumbers +      16 51A-4.403(d) as (e), and adds a + new + 51A-4.403(d) +      17 Amends + 51A-4.702(d)(1)(A) +      18 Amends + 51A-4.702(i) +      19 Amends + 51A-4.803(d)(1) +      20 Amends + 51A-4.803(d)(2) +      21 Adds + 51A-8.403(b)(1)(U) +      22 Amends + 51A-8.510(c) +      23 Adds + 51A-8.511 + Amends Ch. 51A, Art. X; + Renumbers and amends Div. + 51A-10.100, + 51A-10.101 thru + 51A-10.110; and Div. +      24 51A-10.120, + 51A-10.121 thru + 51A-10.127; Adds Div. + 51A-10.130, + 51A-10.131 thru + 51A-10.140 +      25 Repeals + 51A-4.301(i) +22061 5-25-94   2 Amends + 51A-7.101 +      3 Amends + 51A-7.102(13), (14) +      4 Adds + 51A-7.102(30.1) +      5 Amends + 51A-7.207 +22097 6-22-94   21 Amends + 51A-4.124(a)(9)(H)(i) +      22 Amends + 51A-4.124(a)(9)(I)(i) + Adds Div. +      23 51A-7.1600, + 51A-7.1601 thru + 51A-7.1607 + Renumbers + 51A-4.124(a)(9)(A)(1) thru (6) +      24 as (i) thru (vi) and + 51A-4.124 (a)(9)(H)(vi)(bb)[5] + (a) and (b) as (vi)(bb)[5](AA) + and (BB) +22113 6-22-94   1 Amends + 51A-7.702 +22139 8-10-94   1 Amends + 51A-4.115(2)(E) +      2 Amends + 51A-4.116(a)(2)(E) +      3 Amends + 51A-4.116(b)(2)(E) and (I) +      4 Amends + 51A-4.116(c)(2)(E) and (I) +      5 Amends + 51A-4.116(d)(2)(E) and (I) +      6 Amends + 51A-4.124(a)(2)(E) and (I) +      7 Amends + 51A-4.124(b)(2)(E) and (I) +      8 Amends + 51A-4.125(d)(2)(E) and (I) +      9 Amends + 51A-4.125(e)(2)(E) and (I) +      10 Amends + 51A-4.125(f)(2)(E) and (I) +      11 Amends + 51A-4.205(3) + Renumbers +      12 51A-4.209(5.1) as (5.2) and adds + new (5.1) +22150 8-10-94   1 Amends + 51A-8.510(b) +22204 9-28-94   1 Amends + 51A-1.104(a) +      6 Amends + 51A-4.122(b)(2)(J) +      7 Amends + 51A-4.122(c)(2)(J) +      8 Amends + 51A-4.123(a)(2)(J) +      9 Amends + 51A-4.124(a)(2)(J) +      10 Amends + 51A-4.124(b)(2)(J) +      11 Amends + 51A-4.125(e)(2)(J) +      12 Amends + 51A-4.125(f)(2)(J) +      13 Amends + 51A-4.126(e)(2)(J) +      14 Amends + 51A-4.126(f)(2)(J) +      15 Amends + 51A-4.210(b)(4) +      16 Amends + 51A-4.210(b)(17) +      17 Amends + 51A-4.217(a) +22206 9-28-94 10-1-94 14 Amends + 51A-1.105(b)(4) +      15 Amends + 51A-1.105(c)(4) +      16 Amends + 51A-1.105(k) +      17 Amends + 51A-1.105(n)(6) +      18 Amends + 51A-1.105(o) +      19 Adds + 51A-1.105(p) +22224 10-12-94   2 Amends + 51A-9.301(6) +      3 Amends + 51A-9.302 +      4 Amends + 51A-9.303 +      5 Amends + 51A-9.306 +      6 Amends + 51A-9.307 +22254 11-9-94   1 Amends + 51A-4.703(d)(6) +22255 11-9-94   1 Amends + 51A-4.111(2)(C) +      2 Amends + 51A-4.123(c)(2)(C) +      3 Amends + 51A-4.123(d)(2)(C) +      4 Adds + 51A-4.203(b)(4.1) +22259 11-9-94   11 Amends + 51A-3.102(a) +22388 4-12-95   1 Amends + 51A-4.203(a)(2) +22389 4-12-95   1 Amends + 51A-1.106, title +      2 Adds + 51A-1.106(f) +      3 Amends + 51A-4.701(a)(1) +      4 Amends + 51A-4.701(b)(5) +      5 Amends + 51A-4.703(a)(1) +      6 Amends + 51A-4.703(c)(2) +22390 4-12-95   1 Amends + 51A-4.209(b)(6)(C) +22392 4-12-95   1 Amends + 51A-1.105(l) +      2 Amends + 51A-4.117(2)(I) +      3 Amends + 51A-4.121(d)(2)(I) +      4 Amends + 51A-4.123(c)(2)(C) +      5 Amends + 51A-4.123(c)(2)(D) +      6 Amends + 51A-4.123(d)(2)(C) +      7 Amends + 51A-4.203(b) (3.1) and (4) +      8 Amends + 51A-4.212(12)(B) + Revises +      9 51A-4.217(b)(7.1) to create + (7.1) and a new (7.2) +      10 Amends + 51A-7.102(13) thru (20) +      11 Amends + 51A-7.102(33) +      12 Amends + 51A-7.207(a) +      13 Amends + 51A-7.306(c)(1) +      14 Amends + 51A-7.1004(a)(7) +      15 Amends + 51A-7.1406(a)(4) +      16 Amends + 51A-8.604(b) (4) and (5) +      17 Amends + 51A-11.101(b)(1) (G) and (N) +22412 5-10-95   1 Amends + 51A-4.704(a)(1) +22425 5-24-95   1 Amends + 51A-7.505(c) +      2 Adds + 51A-7.903(5.1) +      3 Amends + 51A-7.912 +22471 6-28-95   1 Adds + 51A-4.506(b)(6) +22531 8-23-95 8-28-95 2 Amends + 51A-4.116(d)(2)(J) +      3 Amends + 51A-4.121(b)(2)(J) +      4 Amends + 51A-4.121(c)(2)(J) +      5 Amends + 51A-4.121(d)(2)(J) +      6 Amends + 51A-4.122(b)(2)(J) +      7 Amends + 51A-4.122(c)(2)(J) +      8 Amends + 51A-4.123(a)(2)(J) +      9 Amends + 51A-4.123(b)(2)(J) +      10 Amends + 51A-4.123(c)(2)(J) +      11 Amends + 51A-4.123(d)(2)(J) +      12 Amends + 51A-4.124(a)(2)(J) +      13 Amends + 51A-4.124(b)(2)(J) +      14 Amends + 51A-4.125(d)(2)(J) +      15 Amends + 51A-4.125(e)(2)(J) +      16 Amends + 51A-4.125(f)(2)(J) +      17 Amends + 51A-4.126(d)(2)(J) +      18 Amends + 51A-4.126(e)(2)(J) +      19 Amends + 51A-4.126(f)(2)(J) +      20 Amends + 51A-4.210(b)(4) +22581 10-11-95   1 Amends + 51A-10.109(c)(1) +22605 11-8-95 12-13-95 1 Amends + 51A-3.102 +      2 Amends + 51A-4.703(d)(2) +22639 12-13-95   1 Adds + 51A-4.212(10.1)(E)(v) +      2 Adds + 51A-4.408(a)(1)(C) +22738 4-24-96   2 Amends + 51A-1.105(d) +      3 Amends + 51A-7.605 +22759 5-22-96   2 Adds + 51A-4.603(j) +22782 6-12-96   1 Amends + 51A-4.115(4)(E)(i) +      2 Amends + 51A-4.116(a)(4)(E)(i) +      3 Amends + 51A-4.116(b)(4)(E)(i) +      4 Amends + 51A-4.116(c)(4)(E)(i) +      5 Amends + 51A-4.116(d)(4)(E)(i) +      6 Amends + 51A-4.121(a)(4)(E)(i) +      7 Amends + 51A-4.121(b)(4)(E)(i) +      8 Amends + 51A-4.121(c)(4)(E)(i) +      9 Amends + 51A-4.121(d)(4)(E)(i) +      10 Amends + 51A-4.122(a)(4)(E)(i) +      11 Amends + 51A-4.122(b)(4)(E)(i) +      12 Amends + 51A-4.122(c)(4)(E)(I) +      13 Amends + 51A-4.123(a)(4)(E)(i) +      14 Amends + 51A-4.123(b)(4)(E)(i) +      15 Amends + 51A-4.123(c)(4)(E)(i) +      16 Amends + 51A-4.123(d)(4)(E)(i) +      17 Amends + 51A-4.125(d)(4)(E)(i) +      18 Amends + 51A-4.125(e)(4)(E)(i) +      19 Amends + 51A-4.125(f)(4)(E)(i) +      20 Amends + 51A-4.126(d)(4)(E)(i) +      21 Amends + 51A-4.126(e)(4)(E)(i) +      22 Amends + 51A-4.126(f)(4)(E)(i) +22783 6-12-96   1 Amends + 51A-4.328(a)(11)(A) +      2 Amends + 51A-4.328(b) +22799 6-26-96   1 Amends + 51A-4.124(a)(2)(K) +      2 Amends + 51A-4.124(b)(2)(K) +      3 Amends + 51A-4.211(5)(B) +22920 10-9-96   2 Amends + 51A-1.105(c)(4) +      3 Amends + 51A-5.102(b) +      4 Amends + 51A-5.105(f)(2) +      5 Adds + 51A-5.105(f)(4) +      6 Adds + 51A-5.105(h) +22994 1-8-97   2 Amends + 51A-4.602(a)(5) +22995 1-8-97   3 Amends + 51A-4.210(b)(4)(C) +      4 Amends + 51A-4.210(b)(24)(C) +      5 Amends + 51A-4.210(b)(25)(C) +22996 1-8-97   1 Adds + 51A-4.206(1.2) +23012 1-22-97   2 Amends + 51A-4.217(b)(7.1)(E)(i) +      3 Amends + 51A-4.217(b)(7.1)(E)(ii)(cc) +      4 Amends + 51A-4.217(b)(7.1)(E)(ii)(ee) +23013 1-22-97   2 Amends + 51A-4.301(d)(5) +      3 Amends + 51A-4.301(d)(5.1) +      4 Amends + 51A-4.301(d)(6) +23031 2-12-97   1 Amends + 51A-4.217(b)(8)(E)(i)(ii) +      2 Amends + 51A-4.217(b)(9)(A) +      3 Amends + 51A-4.217(b)(9)(E)(iii) +      4 Adds + 51A-4.217(b)(9)(E)(viii) +23094 4-9-97   2 Amends + 51A-7.702(f) +23239 8-27-97   1 Amends + 51A-4.206(1.2) +23258 9-10-97   1 Amends + 51A-4.217(b)(7.1)(A) +      2 Amends + 51A-4.217(b)(7.1)(E)(i) +      3 Amends + 51A-4.217(b)(7.1)(E)(ii)(cc) +      4 Amends + 51A-4.217(b)(7.1)(E)(ii)(ee) +23302 10-8-97   1 Adds + 51A-4.201(4) +23383 12-10-97   1 Amends + 51A-4.601 + Amends Ch. 51A, Art. VIII, §§ +23384 12-10-97   1 51A-8.101 thru + 51A-8.708 +23407 1-14-98   1 Adds + 51A-9.304(g) +23506 4-22-98   2 Amends + 51A-4.501(d) +      3 Amends + 51A-11.100 +23535 6-10-98   1 Amends + 51A-8.604 +23614 8-12-98   1 Amends + 51A-4.311(a)(1) +23694 10-28-98 11-18-98 34 Amends + 51A-3.103(a)(4) +      35 Amends + 51A-3.104(b) +      36 Amends + 51A-4.502(e)(6) +      37 Amends + 51A-4.603(d)(2) +      38 Amends + 51A-8.609(d)(2) +      39 Amends + 51A-8.613(b) +      40 Amends + 51A-9.305(a) +      41 Amends + 51A-10.140 +23735 12-9-98   1 Amends + 51A-4.123(a)(2)(B) +      2 Amends + 51A-4.123(b)(2)(B) +      3 Amends + 51A-4.211(2) +23739 12-16-98   1 Amends + 51A-4.210(b)(7)(B)(iii) +      2 Amends + 51A-4.210(b)(7)(B) +23766 1-27-99   1 Amends + 51A-4.211(2)(C) +23897 5-26-99   1 Amends + 51A-4.209(b)(3.1) +23898 5-26-99   1 Amends + 51A-4.501(b)(6) +23910 6-9-99   1 Amends + 51A-4.202(2) +23997 8-25-99   1 Amends + 51A-4.219(b)(4) +      2 Amends + 51A-4.219(b)(8) +      3 Amends + 51A-4.702(h) +      4 Amends + 51A-4.702(i) +24051 9-22-99 10-1-99 10 Amends + 51A-1.105(a) +      11 Amends + 51A-1.105(e) +      12 Amends + 51A-1.105(n)(6) +      13 Amends + 51A-1.105(o) +      14 Adds + 51A-1.105(q) +24068 10-27-99   1 Amends + 51A-3.102(a) + Amends Div. +24085 10-27-99   1 51A-5.100, + 51A-5.101 thru + 51A-5.107 +24132 12-8-99   1 Amends + 51A-7.1502(b) +24163 1-12-00   2 Amends + 51A-2.102(48) +      3 Repeals + 51A-2.102(112.1) +      4 Amends + 51A-3.103 +      5 Amends + 51A-4.501 +      6 Amends + 51A-7.505 +      7 Amends + 51A-11.102(a)(2) + Adds Div. +24177 2-9-00   1 51A-9.400, + 51A-9.401 thru + 51A-9.403 +24185 2-9-00   1 Amends + 51A-7.803 +24205 3-8-00   1 Amends + 51A-4.217(6.1) +24232 4-26-00   15 Amends + 51A-4.121(a)(2)(F) +      16 Amends + 51A-4.121(b)(2)(F) +      17 Amends + 51A-4.121(c)(2)(F) +      18 Amends + 51A-4.121(d)(2)(F) +      19 Amends + 51A-4.122(a)(2)(F) +      20 Amends + 51A-4.122(b)(2)(F) +      21 Amends + 51A-4.122(c)(2)(F) +      22 Amends + 51A-4.123(a)(2)(F) +      23 Amends + 51A-4.123(b)(2)(F) +      24 Amends + 51A-4.123(c)(2)(F) +      25 Amends + 51A-4.123(d)(2)(F) +      26 Amends + 51A-4.124(a)(2)(F) +      27 Amends + 51A-4.124(b)(2)(F) +      28 Amends + 51A-4.125(d)(2)(F) +      29 Amends + 51A-4.125(e)(2)(F) +      30 Amends + 51A-4.125(f)(2)(F) +      31 Amends + 51A-4.126(d)(2)(F) +      32 Amends + 51A-4.126(e)(2)(F) +      33 Amends + 51A-4.126(f)(2)(F) +      34 Renumbers subsections of + 51A-4.206 +      35 Adds new + 51A-4.206(1) +      36 Adds new + 51A-4.206(3) +      37 Amends + 51A-4.702(a)(3) and (4) +      38 Amends + 51A-7.102 +      39 Amends + 51A-7.205(a) +      40 Amends title of + 51A-7.205 +      41 Amends + 51A-7.210(b) +      42 Amends + 51A-7.303(b) and (c) +      43 Amends + 51A-7.304 +      44 Amends + 51A-7.305(a) +      45 Amends + 51A-7.306 +      46 Adds + 51A-7.307 +      47 Amends + 51A-7.402(c) +      48 Amends + 51A-7.404(a)(1) + Amends Div. +      49 51A-7.500, + 51A-7.501 thru + 51A-7.507 +      50 Amends + 51A-7.701 +      51 Amends + 51A-7.702 +24270 5-24-00   1 Amends + 51A-7.402(d) +      2 Amends + 51A-8.401 +24271 5-24-00   2 Amends + 51A-4.111(2)(D) +      3 Amends + 51A-4.121(a)(2)(D) +      4 Amends + 51A-4.121(b)(2)(D) +      5 Amends + 51A-4.121(c)(2)(D) +      6 Amends + 51A-4.121(d)(2)(D) +      7 Amends + 51A-4.122(a)(2)(D) +      8 Amends + 51A-4.122(b)(2)(D) +      9 Amends + 51A-4.122(c)(2)(D) +      10 Amends + 51A-4.123(a)(2)(D) +      11 Amends + 51A-4.123(b)(2)(D) +      12 Amends + 51A-4.124(a)(2)(D) +      13 Amends + 51A-4.124(b)(2)(D) +      14 Amends + 51A-4.125(d)(2)(D) +      15 Amends + 51A-4.125(e)(2)(D) +      16 Amends + 51A-4.125(f)(2)(D) +      17 Amends + 51A-4.126(d)(2)(D) +      18 Amends + 51A-4.126(e)(2)(D) +      19 Amends + 51A-4.126(f)(2)(D) +      20 Amends + 51A-4.204(17) +24348 8-23-00   2 Adds Div. + 51A-7.1700 +24410 9-27-00 10-1-00 5 Amends + 51A-9.305(a) +24424 10-11-00   1 Adds + 51A-7.1601.1 +      2 Amends + 51A-7.1606 +      3 Amends + 51A-7.1607 +24438 10-25-00 10-31-00 2 Adds + 51A-4.221 +24439 10-25-00   3 Amends + 51A-1.104(a)(4) +      4 Amends + 51A-4.210(b)(4)(A)(i) +24542 2-28-01   1 Amends + 51A-1.105(f) +      2 Amends + 51A-1.106 +      3 Amends + 51A-4.501(e)(3) +      4 Adds + 51A-4.501(e)(4) +24543 3-21-01   3 Amends + 51A-4.111(2)(L) +      4 Amends + 51A-4.112(a)(2)(L) +      5 Amends + 51A-4.112(b)(2)(L) +      6 Amends + 51A-4.112(c)(2)(L) +      7 Amends + 51A-4.112(d)(2)(L) +      8 Amends + 51A-4.112(e)(2)(L) +      9 Amends + 51A-4.112(f)(2)(L) +      10 Amends + 51A-4.112(g)(2)(L) +      11 Amends + 51A-4.113(2)(L) +      12 Amends + 51A-4.114(2)(L) +      13 Amends + 51A-4.115(2)(L) +      14 Amends + 51A-4.116(a)(2)(L) +      15 Amends + 51A-4.116(b)(2)(L) +      16 Amends + 51A-4.116(c)(2)(L) +      17 Amends + 51A-4.116(d)(2)(L) +      18 Amends + 51A-4.117(2)(L) +      19 Amends + 51A-4.121(a)(2)(L) +      20 Amends + 51A-4.121(b)(2)(L) +      21 Amends + 51A-4.121(c)(2)(L) +      22 Amends + 51A-4.121(d)(2)(L) +      23 Amends + 51A-4.122(a)(2)(L) +      24 Amends + 51A-4.122(b)(2)(L) +      25 Amends + 51A-4.122(c)(2)(L) +      26 Amends + 51A-4.123(a)(2)(L) +      27 Amends + 51A-4.123(b)(2)(L) +      28 Amends + 51A-4.123(c)(2)(L) +      29 Amends + 51A-4.123(d)(2)(L) +      30 Amends + 51A-4.124(a)(2)(L) +      31 Amends + 51A-4.124(b)(2)(L) +      32 Amends + 51A-4.125(d)(2)(L) +      33 Amends + 51A-4.125(e)(2)(L) +      34 Amends + 51A-4.125(f)(2)(L) +      35 Amends + 51A-4.126(d)(2)(L) +      36 Amends + 51A-4.126(e)(2)(L) +      37 Amends + 51A-4.126(f)(2)(L) +      38 Amends + 51A-4.212(4) +      39 Amends + 51A-4.212(11) +      40 Amends + 51A-4.408(a)(1) +      41 Amends + 51A-5.104(a) +24544 3-21-01   1 Amends + 51A-4.501(d)(7) +      2 Amends + 51A-4.501(g)(6)(E) +      3 Amends + 51A-4.501(h)(5) +24584 4-11-01   1 Amends Ch. 51A, Art. XI +24585 4-11-01   1 Amends + 51A-4.209(b)(3)(B) +      2 Amends + 51A-4.209(b)(3.1) +24606 5-9-01   1 Amends Div. + 51A-7.900 +24637 6-13-01 7-1-01 4 Amends title of Ch. 51A +      5 Repeals + 51A-1.101 +      6 Amends + 51A-4.702(a)(4), (5), (6) +24659 6-27-01   1 Amends + 51A-4.210(b)(7) +24696 8-22-01   5 Amends + 51A-4.221(b)(6) +      6 Amends + 51A-4.221(b)(13) +      7 Amends + 51A-4.221(b)(14) +      8 Amends + 51A-4.221(c) +24717 9-12-01   1 Adds + 51A-7.930 +24718 9-12-01   1 Adds + 51A-2.102(141.2) +      2 Amends + 51A-2.102(91) +      3 Adds + 51A-2.102(141.1) +      4 Adds + 51A-2.102(141.2) +      5 Adds + 51A-4.101(10) +      6 Adds + 51A-4.127 +      7 Amends + 51A-4.201(3)(B) +      8 Amends + 51A-4.202(3)(B) +      9 Amends + 51A-4.202(5)(B) +      10 Amends + 51A-4.202(7)(B) +      11 Amends + 51A-4.202(8)(B) +      12 Amends + 51A-4.202(11)(B) +      13 Amends + 51A-4.204(1)(B) +      14 Amends + 51A-4.204(2)(B) +      15 Amends + 51A-4.204(3)(B) +      16 Amends + 51A-4.204(5)(B) +      17 Amends + 51A-4.204(7)(B) +      18 Amends + 51A-4.204(8)(B) +      19 Amends + 51A-4.204(9)(B) +      20 Amends + 51A-4.204(14)(B) +      21 Amends + 51A-4.204(16)(B) +      22 Amends + 51A-4.204(17)(B) +      23 Amends + 51A-4.208(1)(B) +      24 Amends + 51A-4.208(2)(B) +      25 Amends + 51A-4.208(3)(B) +      26 Amends + 51A-4.209(b)(1)(B) +      27 Amends + 51A-4.209(b)(3)(B) +      28 Amends + 51A-4.209(b)(3.1)(B) +      29 Amends + 51A-4.209(b)(5)(B) +      30 Amends + 51A-4.209(b)(5.2)(B) +      31 Amends + 51A-4.210(b)(2)(B) +      32 Amends + 51A-4.210(b)(4)(B) +      33 Amends + 51A-4.210(b)(5)(B) +      34 Amends + 51A-4.210(b)(7)(B) +      35 Amends + 51A-4.210(b)(9)(B) +      36 Amends + 51A-4.210(b)(11)(B) +      37 Amends + 51A-4.210(b)(12)(B) +      38 Amends + 51A-4.210(b)(13)(B) +      39 Amends + 51A-4.210(b)(14)(B) +      40 Amends + 51A-4.210(b)(16)(B) +      41 Amends + 51A-4.210(b)(20)(B) +      42 Amends + 51A-4.210(b)(23)(B) +      43 Amends + 51A-4.210(b)(24)(B) +      44 Amends + 51A-4.210(b)(29)(B) +      45 Amends + 51A-4.210(b)(30)(B) +      46 Amends + 51A-4.212(5)(B) +      47 Amends + 51A-4.212(6)(B) +      48 Amends + 51A-4.212(10.1)(B) +      49 Amends + 51A-4.212(11)(B) +      50 Amends + 51A-4.217(b)(1)(B) +      51 Amends + 51A-4.217(b)(3)(B) +      52 Amends + 51A-4.217(b)(3.1)(B) +      53 Amends + 51A-4.217(b)(6)(B) +      54 Amends + 51A-4.217(b)(6.1)(B) +      55 Amends + 51A-4.217(b)(7)(B) +      56 Amends + 51A-4.217(b)(7.1)(B) +      57 Amends + 51A-4.217(b)(7.2)(B) +      58 Amends + 51A-4.217(b)(10)(B) +      59 Adds + 51A-4.701(a)(2)(E) +24731 9-26-01   6 Amends + 51A-2.102(67) +      7 Adds + 51A-2.102(128.1) +      8 Amends + 51A-4.405 +      9 Amends + 51A-4.406 +      10 Amends + 51A-4.411 +      11 Amends + 51A-4.601(a) +      12 Adds + 51A-8.401(h) +      13 Amends + 51A-8.503(b) +      14 Amends + 51A-10.125(a) +24759 10-24-01   1 Amends + 51A-4.123(a)(2)(J) +      2 Amends + 51A-4.123(b)(2)(J) +      3 Amends + 51A-4.123(c)(2)(J) +      4 Amends + 51A-4.123(d)(2)(J) +      5 Amends + 51A-4.210(b)(19) +      6 Adds + 51A-4.210(b)(30.1) +      7 Amends + 51A-4.210(b)(21) +      8 Amends + 51A-4.210(b)(27) +24760 10-24-01   1 Adds Div. + 51A-7.1800 +24792 12-12-01   1 Amends + 51A-4.203(b)(1)(C) +      2 Amends + 51A-4.203(b)(1.1)(C) +      3 Amends + 51A-4.203(b)(2)(C) +      4 Amends + 51A-4.213(15)(C) +24833 1-23-02   1 Amends + 51A-4.211(2) +24843 2-13-02   6 Amends + 51A-1.105(n) +      7 Amends + 51A-2.102(134) +      8 Amends + 51A-3.101(b) +      9 Amends + 51A-3.101(c)(2) +      10 Amends + 51A-3.101(d) +      11 Amends + 51A-4.217(b)(6) +      12 Amends + 51A-4.301(h)(1) +      13 Amends + 51A-4.505(b) +      14 Amends + 51A-8.201 +      15 Deletes diagram in Ch. 51A, Art. + VIII +      16 Amends + 51A-8.401(b) +      17 Amends + 51A-8.403(a) +      18 Amends + 51A-8.403(b) +      19 Amends + 51A-8.403(c) +      20 Amends + 51A-8.511 +      21 Amends + 51A-8.602 +      22 Amends + 51A-8.617 +      23 Amends + 51A-9.305 +      24 Renumbers 51A-11.103(e) +24857 2-27-02   1 Amends + 51A-4.121(c)(2)(E) +      2 Amends + 51A-4.121(d)(2)(E) +      3 Amends + 51A-4.122(c)(2)(E) +      4 Amends + 51A-4.123(a)(2)(E) +      5 Amends + 51A-4.123(b)(2)(E) +      6 Amends + 51A-4.123(c)(2)(E) +      7 Amends + 51A-4.123(d)(2)(E) +      8 Amends + 51A-4.124(a)(2)(E) +      9 Amends + 51A-4.124(b)(2)(E) +      10 Amends + 51A-4.125(d)(2)(E) +      11 Amends + 51A-4.125(e)(2)(E) +      12 Amends + 51A-4.125(f)(2)(E) +      13 Amends + 51A-4.126(d)(2)(E) +      14 Amends + 51A-4.126(e)(2)(E) +      15 Amends + 51A-4.126(f)(2)(E) +      16 Adds + 51A-4.205(1.1) +      17 Amends + 51A-4.205(2)(A) +      18 Amends + 51A-4.209(b)(5.1) +24859 2-27-02   17 Amends + 51A-8.602(f) +24898 4-10-02   1 Amends + 51A-4.212(10.1)(C) +24899 4-10-02   1 Amends + 51A-4.217(b)(7) +24915 4-24-02   1 Amends + 51A-4.217(12) +24925 5-8-02   1 Amends + 51A-7.901.1 + Amends +      2 51A-7.903 thru + 51A-7.930 +24926 5-8-02   1 Amends + 51A-7.930 +24974 6-26-02   2 Adds Div. + 51A-7.1900 + Amends +24984 6-26-02   1 51A-7.1303 thru + 51A-7.1306 +25047 9-30-02 10-1-02 16 Amends + 51A-1.104.1(b) +      17 Amends + 51A-1.105(c)(2) +      18 Amends + 51A-1.105(j)(2) +      19 Amends + 51A-1.105(k)(3) +      20 Amends + 51A-1.105(l)(1)(A) +      21 Amends + 51A-1.105(n)(6) +      22 Amends + 51A-2.102(20), (28), (32) +      23 Amends + 51A-3.103(a)(4) +      24 Amends + 51A-4.124(a)(9)(A)(i) +      25 Amends + 51A-4.124(a)(9)(H)(vi)(cc)[7] +      26 Amends + 51A-4.124(a)(9)(I)(iv)(aa)[3] +      27 Amends + 51A-4.203(b)(3.1)(E) thru (I) +      28 Amends + 51A-4.204(4)(C)(v) +      29 Amends + 51A-4.206(5)(E)(iv) +      30 Amends + 51A-4.210(b)(19)(E)(ii) +      31 Amends + 51A-4.210(b)(30.1)(E)(ii) +      32 Amends + 51A-4.211(5)(E)(i) and (E)(iv) +      33 Amends + 51A-4.211(10)(E)(i)(bb) +      34 Amends + 51A-4.211(10)(E)(vii) + Amends +      35 51A-4.211(10)(E)(viii)(bb) and + (E)(viii)(ff) +      36 Amends + 51A-4.301(a)(13) +      37 Amends + 51A-4.301(d)(3.1) and (8) +      38 Amends + 51A-4.303(b)(8) +      39 Amends + 51A-4.411(d)(1) +      40 Amends + 51A-4.411(e) +      41 Amends + 51A-4.501(k)(1) +      42 Amends + 51A-4.502(e)(6) +      43 Amends + 51A-4.703(a)(2)(C) +      44 Amends + 51A-4.803(a), Table 1 +      45 Amends + 51A-4.803(a)(5) +      46 Amends + 51A-4.803(e)(1) thru (2) +      47 Amends + 51A-4.803(f)(2) +      48 Amends + 51A-5.102(e) and (f) +      49 Amends + 51A-5.105(e) +      50 Amends + 51A-5.106(c) +      51 Amends + 51A-5.201(3) +      52 Amends + 51A-5.204(j) +      53 Amends + 51A-5.209(a) +      54 Amends + 51A-7.102(10) +      55 Amends + 51A-7.212(a)(2) +      56 Amends + 51A-7.504(b) +      57 Amends + 51A-7.801 +      58 Amends + 51A-7.907(a)(2) +      59 Amends + 51A-7.913(a) +      60 Amends + 51A-7.1204(c) and (e) +      61 Amends + 51A-7.1607(c)(6) +      62 Amends + 51A-7.1704(a)(14) +      63 Amends + 51A-7.1720(a)(2) +      64 Amends + 51A-8.403(a)(6)(D) +      65 Amends + 51A-8.404 +      66 Amends + 51A-8.503(b)(4) +      67 Amends + 51A-8.503(c) +      68 Amends + 51A-8.504(a) +      69 Amends + 51A-8.506(b) +      70 Amends + 51A-8.506(e) +      71 Amends + 51A-8.507(b)(4) +      72 Amends + 51A-8.509(b) +      73 Amends + 51A-8.510(g) +      74 Amends + 51A-8.601(a) +      75 Amends + 51A-8.601(b)(7) +      76 Amends + 51A-8.602(c)(1)(B) +      77 Amends + 51A-8.602(c)(3) +      78 Amends + 51A-8.604(d)(1) and (4) +      79 Amends + 51A-8.606(a) and (d) +      80 Amends + 51A-8.607(b)(3) +      81 Amends + 51A-8.607(d)(4) +      82 Amends + 51A-8.609(a) +      83 Amends + 51A-8.609(d)(1) and (2) +      84 Amends + 51A-8.609(f) +      85 Amends + 51A-8.611(b)(1) +      86 Amends + 51A-8.611(b)(2)(A) +      87 Amends + 51A-8.611(c)(7) +      88 Amends + 51A-8.611(d)(3)(F) +      89 Amends + 51A-8.611(e) +      90 Amends + 51A-8.612 +      91 Amends + 51A-8.613(b) and (e) +      92 Amends + 51A-8.614(a) +      93 Amends + 51A-8.614(b)(6)(A) +      94 Amends + 51A-8.614(d)(3) +      95 Amends + 51A-8.614(e)(2) and (5) +      96 Amends + 51A-8.618(c) and (e) +      97 Amends + 51A-8.620 +      98 Amends + 51A-8.702(d) +      99 Amends + 51A-8.707 +      100 Amends + 51A-9.102(a)(2) +      101 Amends + 51A-9.302(b) +      102 Amends + 51A-9.303 +      103 Amends + 51A-9.305(a) +      104 Amends + 51A-10.109(c)(1) +      105 Amends + 51A-10.140 +      106 Repeals + 51A-3.104 +25048 9-30-02 10-1-02 39 Amends + 51A-1.105(a)(4) +      40 Amends + 51A-1.105(b)(4) +      41 Amends + 51A-1.105(e)(5) +      42 Adds + 51A-1.105(g) +      43 Amends + 51A-1.105(h)(4) +      44 Amends + 51A-1.105(k)(3) +      45 Amends + 51A-1.105(l)(2) +      46 Amends + 51A-1.105(n) +      47 Amends + 51A-8.612(k) +25056 10-9-02   1 Amends + 51A-4.123(a)(2)(J) +      2 Amends + 51A-4.123(b)(2)(J) +      3 Amends + 51A-4.123(c)(2)(J) +      4 Amends + 51A-4.123(d)(2)(J) +      5 Adds + 51A-4.210(b)(8.1) +      6 Amends + 51A-4.210(b)(30.1) +25092 10-23-02   1 Amends + 51A-4.704(a) +25133 12-11-02   1 Amends + 51A-4.124(a)(5) +      2 Amends + 51A-4.124(b)(5) +      3 Amends + 51A-4.209(b)(5)(C) +25155 1-8-03   1 Amends + 51A-10.101 +      2 Amends title of + 51A-10.103 +      3 Amends + 51A-10.104 +      4 Amends title of + 51A-10.105 +      5 Amends + 51A-10.106 +      6 Amends + 51A-10.109 +      7 Amends + 51A-10.110 +      8 Amends + 51A-10.121 +      9 Amends + 51A-10.125 +      10 Adds + 51A-10.128 +      11 Amends Div. + 51A-10.130 +25268 5-28-03   1 Amends + 51A-4.311(a) +25271 5-28-03   1 Amends 51A-11.103(d)(2) +25290 6-11-03   2 Amends + 51A-4.324(b)(1) +25291 6-11-03   1 Amends + 51A-7.930(l) +      2 Amends + 51A-7.930(m) +25384 9-24-03 10-1-03 5 Amends + 51A-1.105(k)(3) +      6 Adds + 51A-1.105(r) +      7 Adds + 51A-1.105(s) +25435 11-12-03   2 Amends + 51A-4.205(1) +25440 12-8-03   1 Amends + 51A-4.212(10.1)(E)(ii) +25455 12-8-03   1 Adds + 51A-7.102(34.1) +      2 Amends + 51A-7.203 +      3 Adds + 51A-7.303(d) +      4 Amends + 51A-7.402(d) +25486 1-28-04   3 Amends + 51A-4.209(b)(2) +      4 Amends + 51A-4.209(b)(6) +25487 1-28-04   1 Amends + 51A-4.124(a)(9) +25509 2-25-04   1 Amends Ch. 51A, Art. XI +25716 8-25-04   1 Amends + 51A-5.102(a) +25772 10-13-04   1 Adds 51A-11.109.1 +25785 10-27-04   6 Amends + 51A-4.122(b)(2)(J) +      7 Amends + 51A-4.122(c)(2)(J) +      8 Amends + 51A-4.123(a)(2)(J) +      9 Amends + 51A-4.123(b)(2)(J) +      10 Amends + 51A-4.124(a)(2)(J) +      11 Amends + 51A-4.124(b)(2)(J) +      12 Amends + 51A-4.125(d)(2)(J) +      13 Amends + 51A-4.125(e)(2)(J) +      14 Amends + 51A-4.125(f)(2)(J) +      15 Amends + 51A-4.126(d)(2)(J) +      16 Amends + 51A-4.126(e)(2)(J) +      17 Amends + 51A-4.126(f)(2)(J) +      18 Amends + 51A-4.127(c)(2)(J) +      19 Amends + 51A-4.210(b)(12)(E) +      20 Amends + 51A-4.210(b)(14)(A) +      21 Adds + 51A-4.210(b)(14.1) +      22 Amends + 51A-4.210(b)(15)(E) +      23 Adds + 51A-4.605 +25786 10-27-04   1 Amends + 51A-7.301 +      2 Amends + 51A-7.302 +      3 Amends + 51A-7.304 +25809 11-10-04   2 Amends + 51A-4.601 +      3 Amends + 51A-8.501 +25814 12-8-04   1, 2 Amends + 51A-7.304(a)(5) +25815 12-8-04   1 Amends + 51A-4.121(d)(2)(L) +      2 Amends + 51A-4.123(a)(2)(L) +      3 Amends + 51A-4.125(d)(2)(L) +      4 Amends + 51A-4.126(f)(2)(L) +25831 12-8-04   2 Amends + 51A-4.602(b)(6) +25899 2-23-05   1 Adds Div. + 51A-7.2000 +25918 3-9-05   1 Amends Div. + 51A-7.1700 +25920 3-9-05   1 Adds Div. + 51A-7.2100 +25921 3-9-05   1 Amends + 51A-7.209 +      2 Amends + 51A-7.306(a) +      3 Amends + 51A-7.602 +      4 Amends + 51A-7.705 +      5 Amends title of Div. + 51A-7.700 +25926 3-9-05   1 Amends + 51A-7.918 +25977 5-11-05   6 Adds + 51A-2.102(2.1) +      7 Adds + 51A-2.102(8.1) +      8 Amends + 51A-2.102(34) +      9 Adds + 51A-2.102(57.1) +      10 Adds + 51A-4.209(b)(6)(E)(vii) +25995 5-25-05   1 Amends + 51A-7.930 +25996 5-25-05   1 Amends + 51A-7.1306(f) +26000 5-25-05   2 Amends Div. + 51A-5.200 +      3 Amends + 51A-8.707 +26001 5-25-05   2 Adds + 51A-1.105(t) +      3 Amends + 51A-6.108 +26026 6-22-05   2 Adds + 51A-4.507 +26027 6-22-05   1 Corrects and recodifies Div. + 51A-7.1000 +26066 8-10-05   1 Adds + 51A-7.1308 +26082 8-24-05   1 Adds + 51A-7.214 +      2 Amends + 51A-7.304(b)(6) +26161 11-9-05 12-12-05 2 Amends + 51A-1.105(a)(4) +      3 Adds + 51A-4.507 + Amends +26248 2-8-06   2 51A-4.507 (renumbers as + 51A-4.508) +26269 2-22-06   2 Amends + 51A-4.123(a)(2)(J) +      3 Amends + 51A-4.123(b)(2)(J) +      4 Amends + 51A-4.123(c)(2)(J) +      5 Amends + 51A-4.123(d)(2)(J) +      6 Amends + 51A-4.210(b)(2) +26270 2-22-06   1 Amends + 51A-4.219(a) +26271 2-22-06   1 Amends + 51A-4.701(e)(5) +26286 3-8-06   2 Amends + 51A-1.103(a) +      3 Adds + 51A-2.102(57.2) +      4 Amends + 51A-4.501(l)(1) +26287 3-8-06   1 Amends + 51A-1.106(f) +26288 3-8-06   1 Amends + 51A-4.602(d) +26333 4-26-06   1 Amends + 51A-4.411 +      2 Adds + 51A-8.512 +      3 Amends + 51A-10.125(a) +26334 4-26-06   1 Amends + 51A-4.217(b)(8) +26335 4-26-06   1 Amends + 51A-11.102(a)(14) +26371 6-14-06   3 Adds + 51A-1.108 +26511 11-8-06   1 Amends + 51A-4.704(b) +26512 11-8-06   1 Amends + 51A-7.203 +26513 11-8-06   4 Amends + 51A-4.210(b)(7)(A) +      5 Amends + 51A-4.221(b)(13) +      6 Amends + 51A-4.221(b)(14) +      7 Amends + 51A-4.221(c) +26529 12-13-06   1 Amends + 51A-1.105(n) +      2 Amends + 51A-8.104 +      3 Adds + 51A-8.201(5.1) +      4 Amends + 51A-8.201(7) +      5 Amends + 51A-8.201(8) +      6 Amends + 51A-8.201(45) +      7 Amends + 51A-8.403 +      8 Amends + 51A-8.505 +      9 Amends + 51A-8.702(d) +      10 Amends + 51A-8.703(a) +      11 Amends + 51A-8.705 +      12 Amends + 51A-8.707(a) +26530 12-13-06   3 Amends + 51A-1.105(k)(3) +      4 Adds + 51A-1.109 +      5 Adds + 51A-2.102(35.1) +      6 Amends + 51A-8.403(a)(6) +      7 Adds + 51A-8.405 +      8 Amends + 51A-8.602 +      9 Amends + 51A-8.608 +      10 Amends + 51A-8.612(a), (b) +      11 Amends + 51A-8.614 +26531 12-13-06   2 Amends + 51A-4.401(a) +      3 Amends + 51A-8.505 +26536 12-13-06   2 Amends + 51A-1.104.1(a) +      3 Amends + 51A-1.105(a)(4) +26552 1-10-07   1 Amends + 51A-7.1726 +26577 2-14-07   1 Amends + 51A-1.106(b), (c), (f) +26578 2-14-07   1 Amends + 51A-4.212(10.1)(B) +      2 Amends + 51A-4.408(a)(1) +      3 Adds + 51A-4.412(e) +26579 2-14-07   2 Amends + 51A-1.104 +26596 2-28-07   1 Amends + 51A-3.102(e)(3) +      2 Amends + 51A-3.103(d)(4) +26730 4-25-07   1 Amends + 51A-1.105(k)(3) +      2 Amends + 51A-4.219(b)(4), (5) +      3 Amends + 51A-4.219(b)(8) +      4 Amends + 51A-4.702(h) +      5 Amends + 51A-4.702(i) +26746 5-23-07   4 Amends + 51A-4.210(b)(12) +      5 Amends + 51A-4.210(b)(13) +      6 Amends + 51A-4.210(b)(14) +      7 Amends + 51A-4.210(b)(14.1) +      8 Amends + 51A-4.217(b)(4) +26768 5-23-07   1 Adds + 51A-7.1203(9.1), (9.2) +      2 Amends + 51A-7.1207(a)(1) +      3 Amends + 51A-7.1208(b)(1) +      4 Adds + 51A-7.1210 +      5 Adds + 51A-7.1210, Exh. C +26920 9-12-07   4 Amends + 51A-1.105(a)(4) +      5 Adds + 51A-1.105(u) +      6 Amends + 51A-4.111(2)(C) +      7 Amends + 51A-4.112(a)(2)(C) +      8 Amends + 51A-4.112(b)(2)(C) +      9 Amends + 51A-4.112(c)(2)(C) +      10 Amends + 51A-4.112(d)(2)(C) +      11 Amends + 51A-4.112(e)(2)(C) +      12 Amends + 51A-4.112(f)(2)(C) +      13 Amends + 51A-4.112(g)(2)(C) +      14 Amends + 51A-4.113(2)(C) +      15 Amends + 51A-4.114(2)(C) +      16 Amends + 51A-4.115(2)(C) +      17 Amends + 51A-4.116(a)(2)(C) +      18 Amends + 51A-4.116(b)(2)(C) +      19 Amends + 51A-4.116(c)(2)(C) +      20 Amends + 51A-4.116(d)(2)(C) +      21 Amends + 51A-4.117(2)(C) +      22 Amends + 51A-4.121(a)(2)(C) +      23 Amends + 51A-4.121(b)(2)(C) +      24 Amends + 51A-4.121(c)(2)(C) +      25 Amends + 51A-4.121(d)(2)(C) +      26 Amends + 51A-4.122(a)(2)(C) +      27 Amends + 51A-4.122(b)(2)(C) +      28 Amends + 51A-4.122(c)(2)(C) +      29 Amends + 51A-4.123(a)(2)(C) +      30 Amends + 51A-4.123(b)(2)(C) +      31 Amends + 51A-4.123(c)(2)(C) +      32 Amends + 51A-4.123(d)(2)(C) +      33 Amends + 51A-4.124(a)(2)(C) +      34 Amends + 51A-4.124(b)(2)(C) +      35 Amends + 51A-4.125(d)(2)(C) +      36 Amends + 51A-4.125(e)(2)(C) +      37 Amends + 51A-4.125(f)(2)(C) +      38 Amends + 51A-4.126(d)(2)(C) +      39 Amends + 51A-4.126(e)(2)(C) +      40 Amends + 51A-4.126(f)(2)(C) +      41 Amends + 51A-4.127(c)(2)(C) +      42 Amends + 51A-4.203(b)(3.1) +      43 Adds + 51A-4.203(b)(3.2) +      44 Adds Ch. 51A, Art. XII +27016 11-28-07   2 Amends Ch. 51A, Art. XI +27069 1-23-08   1 Adds + 51A-1.105(v) +      2 Adds + 51A-1.105(w) +27097 2-27-08   1 Adds + 51A-7.215 +27183 5-14-08   2 Amends + 51A-4.208(3)(A) +27184 5-14-08   1 Amends + 51A-1.106(c), (d) +27204 5-28-08   1 Amends + 51A-9.305 +      2 Amends + 51A-9.306 +      3 Amends + 51A-9.307 +      4 Amends + 51A-9.309 +27244 6-25-08   1 Amends + 51A-7.305(e) +27253 6-25-08   1 Amends + 51A-7.205(c) +      2 Amends + 51A-7.305(c), (d) +27284 8-13-08   1 Amends + 51A-7.1306(f) +27300 8-27-08   1 Amends + 51A-7.930 +27314 9-10-08   1 Amends + 51A-4.213(11.2)(E) +27318 9-10-08   2 Adds + 51A-5.101(a)(3.1) +      3 Amends + 51A-5.101(a)(35) +      4 Amends + 51A-5.102(a) +27333 9-24-08   1 Amends + 51A-8.611(d) +27334 9-24-08   2 Amends + 51A-2.102(45) +27335 9-24-08   1 Amends + 51A-3.102(d)(10) +27404 11-10-08   215 Amends + 51A-4.101(9) +      216 Amends + 51A-4.221(c) +      217 Amends + 51A-4.303(b)(2) +      218 Amends + 51A-4.303(b)(12) +      219 Amends + 51A-4.324(b)(1) +      220 Amends + 51A-4.605(a)(2)(A) +      221 Amends + 51A-4.605(a)(9)(G) +      222 Amends + 51A-4.702(a)(6) +27430 12-10-08   1 Amends + 51A-1.105(k)(3) +      2 Amends + 51A-4.501(d)(7) +      3 Amends + 51A-4.501(g)(6)(E) +      4 Amends + 51A-4.501(h)(5) +      5 Adds + 51A-4.501(m) +      6 Adds + 51A-4.501(n) + Amends +27481 2-11-09   1 51A-7.909, + 51A-7.910 +      2 Amends + 51A-7.911(a) +      3 Amends + 51A-7.911(f) +      3 Amends + 51A-7.911(g) +27495 2-25-09   1 Amends + 51A-1.105(a)(4) +      2 Amends + 51A-2.101(6) +      3 Adds + 51A-2.102(39.1) +      4 Amends + 51A-2.102(91) +      5 Amends + 51A-2.102(119) +      6 Adds + 51A-2.102(121.1) + Renumbers +      7 51A-2.102(125.1) as (125.2) and + adds new (125.1) +      8 Adds + 51A-2.102(142.1), (142.2) +      9 Adds + 51A-2.102(143.1), (143.2) +      10 Adds + 51A-4.101(9)(K) - (M) +      11 Adds + 51A-4.101(11) +      12 Amends + 51A-4.204(8)(E)(i) +      13 Amends + 51A-4.209(b)(3)(E)(i) +      14 Amends + 51A-4.209(b)(5.2)(E)(ii) +      15 Amends + 51A-4.221(c) +      16 Adds + 51A-4.509 +      17 Amends + 51A-4.602(b)(7) +      18 Amends + 51A-6.102(b) +      19 Amends + 51A-6.102(c) + Renumbers +      20 51A-8.403(a)(1)(A)(xxiv) as + (xxvi) and adds new (xxiv), + (xxv) +      21 Amends + 51A-8.604(c) +      22 Adds Ch. 51A, Art. XIII +27516 3-25-09   1 Amends + 51A-7.102(13.1) +      2 Amends + 51A-7.307 +27551 5-27-09   1 Amends + 51A-5.102(a) +27563 6-10-09   1 Amends + 51A-4.123(b)(2)(J) +      2 Amends + 51A-4.123(c)(2)(J) +      3 Amends + 51A-4.123(d)(2)(J) +      4 Amends + 51A-4.210(b)(5) + Renumbers +27572 6-24-09   1 51A-2.102(141.2) to + 51A-2.102(133.1) +      2 Amends + 51A-4.122(b)(2)(D) +      3 Amends + 51A-4.125(e)(2)(I) +      4 Amends + 51A-5.101(a)(3.1) +      5 Amends + 51A-7.910(a)(1) +      6 Amends + 51A-8.611(d)(2)(B) +      7 Amends + 51A-8.611(d)(2)(F) +27587 6-24-09 7-31-09 1 Amends + 51A-1.105(q) +      2 Amends + 51A-7.930 +27695 9-23-09 10-1-09 48 Amends + 51A-1.105(c)(4) +      49 Amends + 51A-1.105(t) +27697 9-23-09 10-1-09 79 Amends + 51A-1.105(c)(2) +      80 Amends + 51A-4.603(d)(2) +      81 Amends + 51A-4.603(j) +      82 Amends + 51A-4.803(e)(1) +      83 Amends + 51A-5.101(a)(14) +      84 Amends + 51A-5.102 +      85 Amends + 51A-5.103 +      86 Amends + 51A-5.103.1 +      87 Amends + 51A-5.104(b) +      88 Amends + 51A-5.105(a) +      89 Amends + 51A-5.105(b) +      90 Amends + 51A-5.105(c) +      91 Amends + 51A-5.105(d) +      92 Amends + 51A-5.105(e) +      93 Amends + 51A-5.105(f) +      94 Amends + 51A-5.105(g)(5) +      95 Amends + 51A-5.105(i) +      96 Amends + 51A-5.107 +      97 Amends + 51A-6.108(c)(6) +      98 Amends + 51A-6.108(e)(1) +      99 Amends + 51A-8.611 +27790 1-13-10   1 Amends + 51A-4.221(b) +27795 1-13-10   1 Adds + 51A-7.903(22.1), (22.2) +      2 Amends + 51A-7.903(33) +      3 Amends + 51A-7.906(b) +      4 Amends + 51A-7.911(a) +      5 Amends + 51A-7.911(e) +27864 4-28-10   2 Amends + 51A-4.305 +27892 5-26-10   1 Amends + 51A-3.101(a) +      2 Amends + 51A-3.102 +      3 Amends + 51A-3.103(a)(3) +      4 Amends + 51A-4.703(d)(2) +27893 5-26-10   1 Amends + 51A-1.105(c)(4) +      2 Adds + 51A-5.101(a)(17.1) +      3 Amends + 51A-5.102 +      4 Amends + 51A-5.104(b) +      5 Amends + 51A-5.105 +27922 6-23-10   2 Adds + 51A-4.501(i) +      3 Adds + 51A-4.501(j) + Renumbers +      4 51A-4.501(i) thru (n) to + 51A-4.501(k) thru (p) +28021 9-22-10   2 Adds + 51A-1.105(x) +      3 Adds + 51A-4.217(b)(9)(E)(ix) + Adds +28071 12-8-10   1 51A-7.1203(7.1), (7.2), (9.0), + (9.1.1), (12.1), (17.1), (18.1), + (24.1) +      2 Adds + 51A-7.1205.1 +      3 Amends + 51A-7.1207(a)(1) +      4 Amends + 51A-7.1208(a) +      5 Amends + 51A-7.1208(b)(1) +      6 Adds + 51A-7.1211 +      7 Adds + 51A-7.1212 +      8 Adds + 51A-7.1213 +      9 Adds + 51A-7.1214 +      10 Adds + 51A-7.1215 +28072 12-8-10   6 Amends + 51A-2.102(61) +      7 Amends + 51A-4.103 +      8 Amends + 51A-4.408 +      9 Amends + 51A-4.504 +28073 12-8-10   6 Amends + 51A-1.104.1(b) +      7 Amends + 51A-1.105(k)(3) +      8 Amends + 51A-1.105(l)(1)(A) +      9 Amends + 51A-1.105(n)(6) +      10 Amends + 51A-1.108(a) +      11 Amends + 51A-2.102(28) +      12 Amends + 51A-2.102(32) +      13 Amends + 51A-3.103(a)(4) +      14 Amends + 51A-4.124(a)(9)(K)(xi) +      15 Amends + 51A-4.206(5)(E)(iv) +      16 Amends + 51A-4.210(b)(19)(E)(ii) +      17 Amends + 51A-4.210(b)(30.1)(E)(ii) +      18 Amends + 51A-4.211(5)(E)(i) +      19 Amends + 51A-4.211(5)(E)(iv) +      20 Amends + 51A-4.211(10)(E) +      21 Amends + 51A-4.301(a)(13) +      22 Amends + 51A-4.301(d)(3.1) +      23 Amends + 51A-4.301(d)(8) +      24 Amends + 51A-4.411(d)(1) +      25 Amends + 51A-4.501(m)(1) +      26 Amends + 51A-4.502(e)(6) +      27 Amends + 51A-4.703(a)(2)(C) +      28 Amends + 51A-4.803 (Table 1) +      29 Amends + 51A-4.803(a)(5)(A) +      30 Amends + 51A-4.803(e)(2) +      31 Amends + 51A-4.803(f)(2) +      32 Amends + 51A-5.106(c) +      33 Amends + 51A-5.204(j) +      34 Amends + 51A-5.209(a) +      35 Amends + 51A-6.108(c)(6) +      36 Amends + 51A-6.108(e)(1) +      37 Amends + 51A-7.504(b) +      38 Amends + 51A-7.801 +      39 Amends + 51A-7.907(a)(2) +      40 Amends + 51A-7.913(a) +      41 Amends + 51A-7.1204(c) +      42 Amends + 51A-7.1204(e) +      43 Amends + 51A-7.1607(c)(6) +      44 Amends + 51A-7.2104(c) +      45 Amends + 51A-8.403(a)(6)(D) +      46 Amends + 51A-8.404 +      47 Amends + 51A-8.503(b)(4) +      48 Amends + 51A-8.503(c) +      49 Amends + 51A-8.504(a) +      50 Amends + 51A-8.506(b) +      51 Amends + 51A-8.506(e) +      52 Amends + 51A-8.507(b)(4) +      53 Amends + 51A-8.509(b) +      54 Amends + 51A-8.510(g) +      55 Amends + 51A-8.601(b)(7) +      56 Amends + 51A-8.602(c)(1)(B) +      57 Amends + 51A-8.602(c)(3)(D) +      58 Amends + 51A-8.604(d)(1) +      59 Amends + 51A-8.604(d)(4) +      60 Amends + 51A-8.606(a) +      61 Amends + 51A-8.606(d) +      62 Amends + 51A-8.607(b)(3) +      63 Amends + 51A-8.607(d)(4) +      64 Amends + 51A-8.609 +      65 Amends + 51A-8.612 +      66 Amends + 51A-8.613(b) +      67 Amends + 51A-8.613(e) +      68 Amends + 51A-8.618(c) +      69 Amends + 51A-8.618(e) +      70 Amends + 51A-8.620 +      71 Amends + 51A-8.702(d)(9) +      72 Amends + 51A-8.702(d)(10) +      73 Amends + 51A-8.707(a) +      74 Amends + 51A-9.302(b)(2) +      75 Amends + 51A-9.303 +      76 Amends + 51A-9.305(a)(4) +      77 Amends + 51A-10.135(c)(1) +      78 Amends + 51A-10.140(b)(6)(H) +28079 12-8-10   3 Amends + 51A-4.122(b)(2)(J) +      4 Amends + 51A-4.122(c)(2)(J) +      5 Amends + 51A-4.123(a)(2)(J) +      6 Amends + 51A-4.123(c)(2)(J) +      7 Amends + 51A-4.123(d)(2)(J) +      8 Amends + 51A-4.125(e)(2)(J) +      9 Amends + 51A-4.125(f)(2)(J) +      10 Amends + 51A-4.126(d)(2)(J) +      11 Amends + 51A-4.126(e)(2)(J) +      12 Amends + 51A-4.126(f)(2)(J) +      13 Adds + 51A-4.210(b)(9.1) +      14 Amends + 51A-4.210(b)(13)(A) +      15 Amends + 51A-4.210(b)(14)(A) +      16 Amends + 51A-4.210(b)(17)(E) +28096 1-12-11   2 Amends + 51A-1.105(a) +      3 Amends + 51A-1.105.1(a) +      4 Deletes + 51A-4.204(17)(E)(v) +      5 Amends + 51A-4.701(b)(5) +28125 2-9-11   2 Amends + 51A-4.124(a)(2)(A) +      3 Amends + 51A-4.124(b)(2)(A) +      4 Amends + 51A-4.127(c)(2)(A) +      5 Amends + 51A-4.201(3) +28164 4-13-11   1 Amends + 51A-5.102(a) +28214 5-25-11   2 Amends + 51A-4.121(b)(2)(G) +      3 Amends + 51A-4.121(c)(2)(G) +      4 Amends + 51A-4.121(d)(2)(G) +      5 Amends + 51A-4.122(b)(2)(G) +      6 Amends + 51A-4.122(c)(2)(G) +      7 Amends + 51A-4.123(a)(2)(G) +      8 Amends + 51A-4.123(b)(2)(G) +      9 Amends + 51A-4.123(c)(2)(G) +      10 Amends + 51A-4.123(d)(2)(G) +      11 Amends + 51A-4.124(a)(2)(G) +      12 Amends + 51A-4.124(b)(2)(G) +      13 Amends + 51A-4.125(e)(2)(G) +      14 Amends + 51A-4.125(f)(2)(G) +      15 Amends + 51A-4.126(d)(2)(G) +      16 Amends + 51A-4.126(e)(2)(G) +      17 Amends + 51A-4.126(f)(2)(G) +      18 Amends + 51A-4.127(c)(2)(G) +      19 Amends + 51A-4.207(1) +28238 6-8-11   1 Adds + 51A-7.308 +28272 6-22-11   1 Amends + 51A-1.105(k)(3) +      2 Adds + 51A-4.124(a)(8)(C)(v) +28346 8-24-11   1 Amends + 51A-7.901.1(a) +      2 Amends + 51A-7.901.1(c) +      3 Amends + 51A-7.901.1(e) +      4 Adds + 51A-7.901.1(f) +      5 Adds + 51A-7.903(8.2) +      6 Amends caption above + 51A-7.907 +      7 Amends + 51A-7.911(a)(4) +      8 Amends + 51A-7.911(c)(1) +      9 Amends + 51A-7.911(d)(1) +      10 Amends + 51A-7.911(e)(1)(B) +      11 Amends + 51A-7.911(g)(1)(B) +      12 Amends + 51A-7.917(b) +      13 Amends + 51A-7.917(d) +      14 Amends + 51A-7.930(a)(4) +      15 Adds + 51A-7.931 +28347 8-24-11   1 Adds + 51A-7.903(8.1) +      2 Amends + 51A-7.909(b) +      3 Amends + 51A-7.909(g) +      4 Amends + 51A-7.913 +      5 Amends + 51A-7.930(a)(8) +      6 Amends + 51A-7.930(b)(4) +      7 Amends + 51A-7.930(e)(1) +      8 Amends + 51A-7.930(f) +      9 Amends + 51A-7.930(g) +      10 Amends + 51A-7.930(k)(2)(E) +      11 Amends + 51A-7.930(k)(2)(G) +      12 Adds + 51A-7.930(k)(2)(I) +      13 Amends + 51A-7.930(l) +      14 Amends + 51A-7.930(m) +28367 9-14-11   1 Amends + 51A-4.702 +28424 9-28-11 10-1-11 24 Amends + 51A-1.105(j)(2) +      25 Amends + 51A-1.105(l)(1)(B) +      26 Amends + 51A-2.102(20) +      27 Adds + 51A-2.102(139.1) +      28 Amends + 51A-4.127(c)(8)(F)(iii) +      29 Amends + 51A-4.204(4)(C)(v) +      30 Amends + 51A-4.211(5)(E)(iv) +      31 Amends + 51A-4.502(e)(6) +      32 Amends + 51A-4.803(f)(2)(A) +      33 Amends + 51A-5.105(e)(2) +      34 Amends + 51A-5.105(h)(1) +      35 Amends + 51A-5.209(a) +      36 Amends + 51A-6.108(e)(1) +      37 Amends + 51A-7.212(a)(2) +      38 Amends + 51A-7.909(f) +      39 Amends + 51A-7.1713(b) +      40 Amends + 51A-7.1804(h)(2) +      41 Amends + 51A-7.1905(d) +      42 Amends + 51A-7.2006(i)(2) +      43 Amends + 51A-8.201(23) +      44 Amends + 51A-8.201(33) +      45 Amends + 51A-8.402 +      46 Amends + 51A-8.403(a)(1)(A) +      47 Amends + 51A-8.403(a)(6)(G) +      48 Amends + 51A-8.404(f) +      49 Amends + 51A-8.506(c)(6) +      50 Amends + 51A-8.507(b)(8) +      51 Amends + 51A-8.508(b) +      52 Amends + 51A-8.601(b) +      53 Amends + 51A-8.602(d)(2) +      54 Amends + 51A-8.604(a) +      55 Amends + 51A-8.604(c) +      56 Amends + 51A-8.607(a) +      57 Amends + 51A-8.607(c) +      58 Amends + 51A-8.608 +      59 Amends + 51A-8.615 +      60 Amends + 51A-8.620 +      61 Amends + 51A-9.102(a)(2) +      62 Amends + 51A-9.305(a) +      63 Amends + 51A-9.401(a) +      64 Amends + 51A-9.402 +      65 Amends + 51A-9.403 +      66 Amends + 51A-10.125(b)(4) +      67 Amends + 51A-10.140(b) +      68 Amends 51A-12.106(b) +      69 Amends 51A-12.106(d) +      70 Amends 51A-12.106(h) +      71 Amends 51A-12.107(f) +28471 11-7-11   1 Amends + 51A-7.1201 +      2 Adds + 51A-7.1203(a)(15.1) +      3 Adds + 51A-7.1203(a)(24.2) +      4 Amends + 51A-7.1205(c) +      5 Amends + 51A-7.1207(a)(1) +      6 Amends + 51A-7.1208(b)(1) +      7 Adds + 51A-7.1214.1 +28553 2-22-12   1 Corrects + 51A-1.105(k)(3) +      2 Corrects + 51A-4.203(b)(3.2)(A) +      3 Corrects + 51A-4.501(d)(7) +      4 Corrects + 51A-4.501(g)(6)(E) +      5 Corrects + 51A-4.501(h)(5) +      6 Corrects + 51A-4.605(a)(2)(A)(ii) +      7 Corrects + 51A-4.702(h)(2)(B) +      8 Corrects + 51A-4.702(h)(2)(C) +      9 Corrects + 51A-4.702(i)(2)(B) +      10 Corrects + 51A-4.702(i)(2)(C) +      11 Corrects + 51A-4.702(i)(3) +      12 Corrects + 51A-4.702(i)(4)(B) +      13 Corrects + 51A-4.803(d)(3) +      14 Corrects + 51A-7.603 +      15 Corrects + 51A-7.909(b)(1) +      16 Corrects + 51A-7.909(d)(4) +      17 Corrects + 51A-7.913(a) +      18 Corrects + 51A-7.930(k)(3) +      19 Corrects + 51A-7.1212(c)(1) +      20 Corrects + 51A-7.1214(b) +      21 Corrects + 51A-10.131 +      22 Corrects + 51A-10.135(c)(3) +28671 5-23-12   1 Amends + 51A-5.102(a)(3)(A) +28700 6-27-12   3 Amends + 51A-4.123(b)(2)(C) +      4 Amends + 51A-4.123(c)(2)(C) +      5 Amends + 51A-4.123(d)(2)(C) +      6 Amends + 51A-4.124(a)(2)(C) +      7 Amends + 51A-4.124(b)(2)(C) +      8 Amends + 51A-4.127(c)(2)(J) +      9 Amends + 51A-4.203(a)(3) +      10 Adds + 51A-4.203(b)(0) +      11 Amends + 51A-4.210(b)(4) +      12 Amends + 51A-4.217(a)(5) +      13 Amends 51A-13.306(a)(5)(C) +      14 Amends 51A-13.306(d)(5)(B)(ii) +      15 Amends 51A-13.306(d)(8)(A)(iii) +28737 8-8-12   3 Amends + 51A-4.123(a)(2)(J) +      4 Amends + 51A-4.123(b)(2)(J) +      5 Amends + 51A-4.123(c)(2)(J) +      6 Amends + 51A-4.123(d)(2)(J) +      7 Adds + 51A-4.210(b)(16.1) +      8 Amends + 51A-4.210(b)(19)(A) +      9 Amends + 51A-4.210(b)(19)(E)(i) +      10 Adds + 51A-4.210(b)(19)(E)(v) +      11 Amends + 51A-4.210(b)(30.1)(E) +      12 Adds + 51A-4.217(b)(1.1) +28784 9-12-12   1 Amends + 51A-7.703(d) +28803 9-26-12   19 Amends + 51A-1.105(k)(3) +      20 Amends + 51A-4.123(b)(2)(J) +      21 Amends + 51A-4.123(c)(2)(J) +      22 Amends + 51A-4.123(d)(2)(J) +      23 Amends + 51A-4.202(8)(C) +      24 Amends + 51A-4.202(12)(C) +      25 Amends + 51A-4.203(b)(3)(C) +      26 Amends + 51A-4.203(b)(5)(C) +      27 Amends + 51A-4.204(3)(C) +      28 Amends + 51A-4.204(4)(C)(i) +      29 Amends + 51A-4.204(16)(C) +      30 Amends + 51A-4.204(17)(C) +      31 Amends + 51A-4.208(1)(C) +      32 Amends + 51A-4.208(2)(C) +      33 Amends + 51A-4.209(b)(5)(C) +      34 Amends + 51A-4.209(b)(5.2)(C) +      35 Amends + 51A-4.210(b)(5)(C) +      36 Amends + 51A-4.210(b)(6)(C) +      37 Amends + 51A-4.210(b)(7)(C)(iv) +      38 Amends + 51A-4.210(b)(7)(C)(vii) +      39 Deletes + 51A-4.210(b)(7)(C)(viii) +      40 Amends + 51A-4.210(b)(8)(C) +      41 Amends + 51A-4.210(b)(12)(C) +      42 Amends + 51A-4.210(b)(14)(C) +      43 Amends + 51A-4.210(b)(14.1)(C) +      44 Amends + 51A-4.210(b)(15)(C) +      45 Amends + 51A-4.210(b)(28)(B) +      46 Amends + 51A-4.210(b)(28)(C) +      47 Amends + 51A-4.213(7)(C) +      48 Amends + 51A-4.213(8)(C) +      49 Amends + 51A-4.213(9)(C) +      50 Amends + 51A-4.217(b)(1)(C) +      51 Amends + 51A-4.311(a)(1) +      52 Adds + 51A-4.311(a)(7) +      53 Adds + 51A-4.313 +      54 Amends + 51A-10.125(b)(5)(A) +28822 10-10-12   1 Amends + 51A-7.909(g) +28933 2-27-13   1 Adds + 51A-7.2101(c) +      2 Adds + 51A-7.2103(a)(8.1) +      3 Adds + 51A-7.2103(a)(19.1) +      4 Adds + 51A-7.2103(a)(24.1) +      5 Adds + 51A-7.2103(a)(26.1) +      6 Amends + 51A-7.2107(a)(1) +      7 Amends + 51A-7.2108(b)(2) +      8 Amends + 51A-7.2108(b)(5) +      9 Adds + 51A-7.2110 +      10 Adds + 51A-7.2111 +      11 Adds + 51A-7.2112 + Adds Div. +28950 3-27-13   1 51A-7.2200, + 51A-7.2201 thru + 51A-7.2220 +29023 6-12-13 10-1-13 2 Amends + 51A-1.104 +29024 6-12-13 10-1-13 2 Amends + 51A-1.105(x)(4) +      3 Amends + 51A-4.217(b)(9)(E) +      4 Amends + 51A-7.304(b)(1) +      5 Amends + 51A-7.305(a) +      6 Amends + 51A-7.306(a) +      7 Amends + 51A-7.402(c) +29128 9-11-13   7 Amends + 51A-1.105(m) +      8 Adds + 51A-2.102(9.1) +      9 Amends + 51A-2.102(23.1) +      10 Adds + 51A-2.102(23.2) +      11 Adds + 51A-2.102(23.3) +      12 Adds + 51A-2.102(99.1) +      13 Amends + 51A-4.124(a)(5)(B) +      14 Amends + 51A-4.124(b)(5) +      15 Adds + 51A-4.301(a)(4.1) +      16 Amends + 51A-4.301(a)(8) +      17 Amends + 51A-4.301(b)(5) +      18 Amends + 51A-4.314 thru 51A-4.319 + Renumbers +      19 51A-4.330 as + 51A-4.329.1 + Renumbers +      20 51A-4.331 as + 51A-4.329.2 + Adds Ch. 51A, Art. IV, Div. +      21 51A-4.330, + 51A-4.331 thru + 51A-4.335 + Adds Ch. 51A, Art. IV, Div. +      22 51A-4.340, + 51A-4.341 thru + 51A-4.345 +29208 12-11-13   2 Corrects + 51A-4.207(1)(A)(iii) +      3 Corrects + 51A-4.209(b)(5.1)(E)(i) +      4 Corrects + 51A-4.213(11)(E)(ix) +      5 Corrects + 51A-7.1010(2) +29227 12-11-13   1 Amends + 51A-7.901.1 +      2 Adds + 51A-7.903(24.1) +      3 Adds + 51A-7.903(29.1) +      4 Amends + 51A-7.906(b) +      5 Amends + 51A-7.909(b)(1) +      6 Retitles + 51A-7.911(c)(2) +      7 Retitles + 51A-7.911(d)(2) +      8 Amends + 51A-7.911(e)(1) +      9 Amends + 51A-7.911(g)(1)(B) +      10 Amends + 51A-7.912 +      11 Amends + 51A-7.917(c) +      12 Amends + 51A-7.917(d) +      13 Amends + 51A-7.919(a) +      14 Adds + 51A-7.919(d) +      15 Amends + 51A-7.920(a) +      16 Amends + 51A-7.920(e) +      17 Amends + 51A-7.930(a)(4) +29228 12-11-13   3 Amends + 51A-1.105(u)(3) +      4 Amends + 51A-4.123(d)(2)(C) +      5 Amends + 51A-4.203(b)(3.2) +      6 Adds + 51A-4.203(b)(3.3) + Amends Ch. 51A, Art. XII, +      7 51A-12.101 thru + 51A-12.401 + Amends Ch. 51A, Art. VII, Div. +29233 12-11-13   1 51A-7.1600, + 51A-7.1601 thru + 51A-7.1608 +29339 5-14-14   1 Amends + 51A-7.1214.1 +29359 5-28-14   1 Amends + 51A-5.102(a)(3)(A) + Adds Art. VII, Div. 51A-7.2300, +29392 6-25-14   1 51A-7.2301 thru + 51A-7.2313 +29393 6-25-14   1 Amends + 51A-7.308(k) +29424 8-13-14   3 Adds + 51A-6.101(7.1) +      4 Amends + 51A-6.102(a)(5) +29478 9-17-14 10-1-14 10 Amends + 51A-3.103(a)(4) +      11 Amends + 51A-4.501(k)(3)(F) +      12 Amends + 51A-5.105(e)(2) +      13 Amends + 51A-5.209(a) +      14 Amends + 51A-8.402 +      15 Amends + 51A-8.503(b)(4) +      16 Amends + 51A-8.503(c) +      17 Amends + 51A-8.504(a) +      18 Amends + 51A-8.506(b)(2) +      19 Amends + 51A-8.507(b)(4) +      20 Amends + 51A-8.510(g) +      21 Amends + 51A-8.602(c)(1)(B) +      22 Amends + 51A-8.602(c)(3) +      23 Amends + 51A-8.604(d)(1) +      24 Amends + 51A-8.606(a) +      25 Amends + 51A-8.606(d) +      26 Amends + 51A-8.607(b) +      27 Amends + 51A-9.102(a)(2) +29557 12-10-14   1 Corrects + 51A-4.203(b)(3.2)(F)(ii)(ee)(22) +      2 Corrects + 51A-7.308(k) +      3 Corrects + 51A-7.1601.1(b) +      4 Corrects + 51A-7.1608(d)(5) +      5 Corrects + 51A-12.204(m)(6)(B) +29589 12-10-14   7 Amends + 51A-4.207(1)(A)(i) +      8 Amends + 51A-4.207(1)(A)(iii) +      9 Amends + 51A-4.207(1)(A)(iv) +      10 Amends + 51A-4.207(1)(E)(iii) +      11 Deletes + 51A-4.207(1)(E)(iv) +      12 Amends + 51A-4.207(2)(A) +      13 Amends + 51A-4.207(3)(A) +      14 Amends 51A-13.201(6) +      15 Amends 51A-13.306(d)(5)(C)(iii) +29611 1-14-15   2 Amends + 51A-7.404(a)(5) +29626 1-28-15   1 Amends + 51A-1.106 +29645 2-25-15   22 Amends + 51A-3.103(a)(3) +29687 3-25-15   4 Amends + 51A-4.201(1)(B) +      5 Amends + 51A-4.201(1)(E)(i) +      6 Amends + 51A-4.201(3)(A) +      7 Amends + 51A-4.201(3)(C) +      8 Amends + 51A-4.201(3)(E) +29702 4-8-15   1 Amends + 51A-4.505 +29751 5-27-15   1 Amends + 51A-7.901.1 +      2 Adds + 51A-7.932 +29827 8-12-15   1 Amends 51A-13.102 +      2 Amends 51A-13.201 +      3 Adds 51A-13.303(d) +      4 Amends 51A-13.501(a)(4) +      5 Amends 51A-13.502(a) +      6 Amends 51A-13.502(b)(7) +      7 Replaces 51A-13.502(b)(7) + graphic +29839 8-26-15   1 Adds + 51A-7.216 +29882 9-22-15 10-1-15 4 Amends + 51A-3.103(a)(4) +      5 Amends + 51A-5.209(a) +      6 Amends + 51A-9.102(a)(2) +29893 9-22-15   2 Retitles and amends + 51A-4.504 +29917 10-28-15   4 Amends + 51A-4.123(a)(2)(M) +      5 Amends + 51A-4.123(b)(2)(M) +      6 Amends + 51A-4.123(c)(2)(M) +      7 Amends + 51A-4.123(d)(2)(M) +      8 Amends + 51A-4.124(a)(2)(M) +      9 Amends + 51A-4.124(b)(2)(M) +      10 Adds + 51A-4.203(b)(4.1)(E) +      11 Amends + 51A-4.213(9) +      12 Adds + 51A-4.213(10)(E) +      13 Adds + 51A-4.213(12)(E)(ii) +      14 Amends + 51A-4.602(b) +29953 12-9-15   1 Amends + 51A-11.102 +      2 Amends + 51A-11.205 +      3 Amends + 51A-11.206 (title) +      4 Amends + 51A-11.206(b)(1) +      5 Amends + 51A-11.206(c)(1) +      6 Adds + 51A-11.208 +      7 Amends + 51A-11.401 +29984 1-13-16   2 Amends + 51A-4.212(10.1) +      3 Amends + 51A-4.408(a)(1) (D) +      4 Amends + 51A-4.704(b)(2) +      5 Adds + 51A-4.704(b)(5) (D) +      6 Adds + 51A-4.704(c)(4) +      7 Amends 51A-13.304(k)(5)(A) +      8 Adds 51A-13.304(k)(5)(L) +30043 3-23-16   1 Amends + 51A-7.1701(c) +      2 Amends + 51A-7.1702 +      3 Amends + 51A-7.1704(a)(17) +      4 Adds + 51A-7.1704(a)(17.1) +      5 Amends + 51A-7.1704(a)(23) +      6 Adds + 51A-7.1704(a)(23.1) +      7 Adds + 51A-7.1704(a)(31.1) +      8 Adds + 51A-7.1704(a)(38.1) +      9 Adds + 51A-7.1704(a)(60.1) +      10 Amends + 51A-7.1716 +      11 Amends + 51A-7.1717 +      12 Amends + 51A-7.1722 +      13 Adds + 51A-7.1725(9) +      14 Amends + 51A-7.1727(b)(1) +      15 Amends + 51A-7.1727(c)(2)(B) +      16 Amends + 51A-7.1727(c)(3) +      17 Amends + 51A-7.1727(c)(4)(G) +      18 Amends + 51A-7.1727(c)(6) +      19 Adds + 51A-7.1727(c)(7) +      20 Retitles and amends + 51A-7.1727(d) +      21 Amends + 51A-7.1727(e)(4)(B) +      22 Amends + 51A-7.1727(e)(5) +      23 Amends + 51A-7.1729(a) +      24 Amends + 51A-7.1729(b)(3)(B) +      25 Adds + 51A-7.1729(f) +30139 6-22-16   1 Amends + 51A-7.1001 +      2 Adds + 51A-7.1007.1 +30184 9-14-16   1 Corrects + 51A-4.209(b)(6)(E)(vii) +30198 9-14-16   1 Amends + 51A-4.602(a) +30215 9-21-16 10-1-16 44 Amends + 51A-1.105(g)(3) +      45 Amends + 51A-1.105(i) +      46 Amends + 51A-1.105(k)(3) +      47 Amends + 51A-1.105(n)(6) +      48 Amends + 51A-1.105(q)(4) +      49 Adds + 51A-1.105(y) +30239 9-28-16   25 Amends + 51A-2.102(20) +      26 Adds + 51A-2.102(112.1) +      27 Adds + 51A-2.102(134.1) +      28 Amends + 51A-4.502(e)(6) +      29 Amends + 51A-5.209(a) +      30 Amends + 51A-6.108(e)(1) +      31 Amends + 51A-7.212(a)(2) +      32 Amends + 51A-7.1720(a)(2) +      33 Amends + 51A-8.201(33) +      34 Amends + 51A-8.507(b)(8) +      35 Amends + 51A-8.508(b) +      36 Amends + 51A-8.601(b) +      37 Amends + 51A-8.602(d)(2) +      38 Amends + 51A-8.604(a) +      39 Amends + 51A-8.607(a) +      40 Amends + 51A-8.608(b) +      41 Amends + 51A-8.608(d) +      42 Amends + 51A-8.608(f) +      43 Amends + 51A-8.612(g) +      44 Amends + 51A-8.615 +      45 Amends + 51A-8.620 +      46 Amends + 51A-9.305(a) +      47 Amends + 51A-10.125(b)(4) +      48 Amends + 51A-10.140(b) +      49 Amends + 51A-12.203(h)(3) +      50 Amends + 51A-12.203(h)(4) +      51 Amends + 51A-12.204(g)(1)(D) +      52 Amends + 51A-12.204(p) +30257 10-26-16   2 Amends + 51A-4.217(b)(6) +30477 5-24-17   2 Amends + 51A-4.122(b)(2)(J) +      3 Amends + 51A-4.122(c)(2)(J) +      4 Amends + 51A-4.123(a)(2)(J) +      5 Amends + 51A-4.123(b)(2)(J) +      6 Amends + 51A-4.123(c)(2)(J) +      7 Amends + 51A-4.123(d)(2)(J) +      8 Amends + 51A-4.125(d)(2)(J) +      9 Amends + 51A-4.125(e)(2)(J) +      10 Amends + 51A-4.125(f)(2)(J) +      11 Adds + 51A-4.210(b)(21.1) +30481 5-24-17   1 Amends + 51A-5.102(a)(3) +30654 9-20-17 10-1-17 38 Amends + 51A-2.102(20) +      39 Adds + 51A-2.102(83.1) +      40 Deletes + 51A-2.102(112.1) +      41 Amends + 51A-2.102(134.1) +      42 Amends + 51A-4.502(e)(6) +      43 Amends + 51A-5.209(a) +      44 Amends + 51A-6.108(e)(1) +      45 Amends + 51A-7.212(a)(2) +      46 Amends + 51A-7.1720(a)(2) +      47 Amends + 51A-8.201(33) +      48 Amends + 51A-8.507(b)(8) +      49 Amends + 51A-8.508(b) +      50 Amends + 51A-8.601(b) +      51 Amends + 51A-8.602(d)(2) +      52 Amends + 51A-8.604(a) +      53 Amends + 51A-8.607(a) +      54 Amends + 51A-8.608(b) +      55 Amends + 51A-8.608(d) +      56 Amends + 51A-8.608(f) +      57 Amends + 51A-8.612(g) +      58 Amends + 51A-8.615 +      59 Amends + 51A-8.620 +      60 Amends + 51A-9.305(a) +      61 Amends + 51A-10.125(b)(4) +      62 Amends + 51A-10.140(b) +      63 Amends + 51A-12.203(h)(3) +      64 Amends + 51A-12.203(h)(4) +      65 Amends + 51A-12.204(g)(1)(D) +      66 Amends + 51A-12.204(p) +30663 9-27-17   1 Adds + 51A-7.1001(c) +      2 Adds + 51A-7.1007.2 +30685 10-25-17   1 Amends + 51A-7.901.1 +      2 Amends + 51A-7.911(e)(2)(C) +30731 12-13-17   1 Amends + 51A-7.1201 +      2 Amends + 51A-7.1203(a) +      3 Amends + 51A-7.1205(c) +      4 Amends + 51A-7.1207(a)(1) +      5 Amends + 51A-7.1208(b)(1) +      6 Adds + 51A-7.1214.2 +30802 2-28-18   1 Amends + 51A-7.1608(c) +      2 Adds + 51A-7.1608(j) +30808 3-28-18   1 Amends + 51A-1.105(k)(3)(note) +      2 Amends + 51A-4.212(10.1)(B)(iii) +      3 Amends + 51A-4.702(h)(2) +      4 Amends + 51A-4.702(i)(2) +30889 6-13-18   1 Adds 51A-13.201(15.1) +      2 Amends 51A-13.201(34) +      3 Amends 51A-13.302(d) +      4 Adds 51A-13.304(a)(5) +      5 Adds 51A-13.304(a)(6) +      6 Amends 51A-13.304(b)(4) +      7 Amends 51A-13.304(b)(5) +      8 Amends 51A-13.304(c)(4) +      9 Amends 51A-13.304(c)(5) +      10 Amends 51A-13.304(d)(4) +      11 Amends 51A-13.304(d)(5) +      12 Amends 51A-13.304(e)(4) +      13 Amends 51A-13.304(e)(5) +      14 Amends 51A-13.304(f)(4) +      15 Amends 51A-13.304(f)(5) +      16 Amends 51A-13.304(g)(4) +      17 Amends 51A-13.304(g)(5) +      18 Amends 51A-13.304(h)(4) +      19 Amends 51A-13.304(h)(5) +      20 Amends 51A-13.304(i)(4) +      21 Amends 51A-13.304(i)(5) +      22 Amends 51A-13.304(j)(4) +      23 Amends 51A-13.305(e)(1) +      24 Replaces graphic in 51A-13.305 + (e) +      25 Amends 51A-13.305(f)(1) +      26 Amends 51A-13.305(f)(3) +      27 Replaces Use Chart in 51A-13.306 + (b) +      28 Adds 51A-13.403(c)(1)(C) +      29 Amends 51A-13.403(c)(4) +      30 Adds 51A-13.411(b)(E) +      31 Amends 51A-13.501(a)(4) +30890 6-13-18     5Amends + 51A-4.201(1)(C) +      6 Amends + 51A-4.201(2)(C) +      7 Amends + 51A-4.202(1)(C) +      8 Amends + 51A-4.202(2)(C) +      9 Amends + 51A-4.202(3)(C) +      10 Amends + 51A-4.202(4)(C) +      11 Amends + 51A-4.202(5)(C) +      12 Amends + 51A-4.202(6)(C) +      13 Amends + 51A-4.202(7)(C) +      14 Amends + 51A-4.202(8.1)(C) +      15 Amends + 51A-4.202(9)(C) +      16 Amends + 51A-4.202(10)(C) +      17 Amends + 51A-4.202(11)(C) +      18 Amends + 51A-4.202(13)(C) +      19 Amends + 51A-4.202(14)(C) +      20 Amends + 51A-4.203(b)(1)(C) +      21 Amends + 51A-4.203(b)(1.1)(C) +      22 Amends + 51A-4.203(b)(2)(C) +      23 Amends + 51A-4.203(b)(3.1)(C) +      24 Amends + 51A-4.203(b)(4.1)(C) +      25 Amends + 51A-4.203(b)(6)(C) +      26 Amends + 51A-4.204(1)(C) +      27 Amends + 51A-4.204(2)(C) +      28 Amends + 51A-4.204(5)(C) +      29 Amends + 51A-4.204(7)(C) +      30 Amends + 51A-4.204(8)(C) +      31 Amends + 51A-4.204(9)(C) +      32 Amends + 51A-4.204(11)(C) +      33 Amends + 51A-4.204(13)(C) +      34 Amends + 51A-4.204(14)(C) +      35 Amends + 51A-4.205(1)(C) +      36 Amends + 51A-4.205(1.1)(C) +      37 Amends + 51A-4.205(2)(C) +      38 Amends + 51A-4.206(2)(C) +      39 Amends + 51A-4.206(6)(C) +      40 Amends + 51A-4.207(2)(C) +      41 Amends + 51A-4.207(3)(C) +      42 Amends + 51A-4.207(4)(C) +      43 Amends + 51A-4.207(5)(C) +      44 Amends + 51A-4.208(3)(C) +      45 Amends + 51A-4.209(b)(1)(C) +      46 Amends + 51A-4.209(b)(2)(C) +      47 Amends + 51A-4.209(b)(3)(C) +      48 Amends + 51A-4.209(b)(3.1)(C) +      49 Amends + 51A-4.209(b)(4)(C) +      50 Amends + 51A-4.209(b)(5.1)(C) +      51 Amends + 51A-4.209(b)(6)(C) +      52 Amends + 51A-4.210(b)(1)(C) +      53 Amends + 51A-4.210(b)(2)(C) +      54 Amends + 51A-4.210(b)(3)(C) +      55 Amends + 51A-4.210(b)(9)(C) +      56 Amends + 51A-4.210(b)(10)(C) +      57 Amends + 51A-4.210(b)(11)(C) +      58 Amends + 51A-4.210(b)(13)(C) +      59 Amends + 51A-4.210(b)(16)(C) +      60 Amends + 51A-4.210(b)(17)(C) +      61 Amends + 51A-4.210(b)(18)(C) +      62 Amends + 51A-4.210(b)(19)(C) +      63 Amends + 51A-4.210(b)(20)(C) +      64 Amends + 51A-4.210(b)(21)(C) +      65 Amends + 51A-4.210(b)(22)(C) +      66 Amends + 51A-4.210(b)(23)(C) +      67 Deletes + 51A-4.210(b)(24)(C)(iv) +      68 Deletes + 51A-4.210(b)(25)(C)(iii) +      69 Amends + 51A-4.210(b)(26)(C) +      70 Amends + 51A-4.210(b)(27)(C) +      71 Amends + 51A-4.210(b)(29)(C) +      72 Amends + 51A-4.210(b)(30)(C) +      73 Amends + 51A-4.210(b)(30.1)(C) +      74 Amends + 51A-4.210(b)(31)(C) +      75 Amends + 51A-4.211(1)(C) +      76 Amends + 51A-4.211(2)(C) +      77 Amends + 51A-4.211(3)(C) +      78 Amends + 51A-4.211(4)(C) +      79 Amends + 51A-4.211(5)(C) +      80 Amends + 51A-4.211(6)(C) +      81 Amends + 51A-4.211(7)(C) +      82 Amends + 51A-4.211(8)(C) +      83 Amends + 51A-4.211(9)(C) +      84 Amends + 51A-4.212(1)(C) +      85 Amends + 51A-4.212(2)(C) +      86 Amends + 51A-4.212(3)(C) +      87 Amends + 51A-4.212(4)(C) +      88 Amends + 51A-4.212(5)(C) +      89 Amends + 51A-4.212(6)(C) +      90 Amends + 51A-4.212(7)(C) +      91 Amends + 51A-4.212(8)(C) +      92 Amends + 51A-4.212(9)(C) +      93 Amends + 51A-4.212(10)(C) +      94 Amends + 51A-4.212(10.1)(C) +      95 Amends + 51A-4.212(11)(C) +      96 Amends + 51A-4.212(12)(C) +      97 Amends + 51A-4.213(1)(C) +      98 Amends + 51A-4.213(2)(C) +      99 Amends + 51A-4.213(3)(C) +      100 Amends + 51A-4.213(4)(C) +      101 Amends + 51A-4.213(5)(C) +      102 Amends + 51A-4.213(10)(C) +      103 Amends + 51A-4.213(11.1)(C) +      104 Amends + 51A-4.213(12)(C) +      105 Amends + 51A-4.213(13)(C) +      106 Amends + 51A-4.213(14)(C) +      107 Amends + 51A-4.213(15)(C) +30891 6-13-18   1 Amends + 51A-3.102(b) +30892 6-13-18   1 Amends + 51A-4.323(b) +      2 Amends + 51A-7.505(2) +      3 Amends + 51A-7.507(b)(2) +      4 Amends + 51A-7.1706(c)(ii) +30893 6-13-18   1 Amends + 51A-4.301(f)(5)(iii) +      2 Amends + 51A-4.602(b)(3) +      3 Amends + 51A-5.206(b)(3) +      4 Amends + 51A-5.208(b)(1) +30894 6-13-18   3 Amends + 51A-4.217(b)(12)(F) +      4 Amends + 51A-4.217(b)(12)(G) +      5 Amends + 51A-4.217(b)(12)(H) +30895 6-13-18   8 Amends + 51A-4.401(a)(1) +      9 Amends + 51A-4.401(a)(4) +      10 Amends + 51A-4.402(a) +      11 Amends + 51A-4.402(b)(3) +      12 Amends + 51A-4.403(a)(4) +      13 Amends + 51A-4.403(b)(2) +      14 Amends + 51A-6.102(a)(5) +30896 6-13-18   1 Amends + 51A-4.204(4)(C) + Amends Ch. 51A, Art. X, +30929 6-27-18     51A-10.101 thru + 51A-10.140 +30930 6-27-18   2 Amends + 51A-4.209(b)(6)(E) +30931 6-27-18   2 Amends + 51A-1.105(a)(4) +      3 Adds + 51A-4.510 +30932 6-27-18   6 Amends + 51A-2.102(10) +      7 Adds + 51A-2.102(10.1) +      8 Amends + 51A-4.124(a)(8)(C)(i)(aa) +      9 Amends + 51A-4.124(a)(9)(J)(ii) +      10 Amends + 51A-4.211(10)(E)(v) +      11 Amends + 51A-4.401(a)(6) +      12 Amends + 51A-4.401(b)(3) +      13 Amends + 51A-7.502(1) +30933 6-27-18   1 Amends + 51A-8.606 +30934 6-27-18 7-1-19 1 Adds + 51A-1.105(z) +      2 Adds Div. + 51A-4.1000 +      3 Amends + 51A-8.405 +      4 Amends + 51A-10.135(h) +      5 Adds + 51A-10.135(i) +30993 9-18-18 10-1-18 24 Amends + 51A-1.105(c)(4) +      25 Amends + 51A-1.105(j)(4) +      26 Amends + 51A-1.105(t)(4) +30994 9-18-18   10 Amends + 51A-1.105(c)(2) +      11 Amends + 51A-4.502(e)(6) +      12 Amends + 51A-5.101(a)(14) +      13 Amends + 51A-5.102 +      14 Amends + 51A-5.103(b) +      15 Amends + 51A-5.103.1(b) +      16 Amends + 51A-5.104(b) +      17 Amends + 51A-5.105 +      18 Amends + 51A-5.107(b) +      19 Amends + 51A-5.107(c) +      20 Amends + 51A-5.107(d) +      21 Amends + 51A-5.107(e)(1)(B) +      22 Amends + 51A-5.107(e)(1)(C) +      23 Amends + 51A-5.107(e)(2) +      24 Amends + 51A-6.108(e)(1) +      25 Amends + 51A-8.611(a)(2) +      26 Amends + 51A-8.611(a)(3) +      27 Amends + 51A-8.611(a)(5) +      28 Amends + 51A-8.611(c)(2) +      29 Amends + 51A-8.611(c)(5) +      30 Amends + 51A-8.611(c)(6) +      31 Amends + 51A-8.611(d)(1) +      32 Amends + 51A-8.611(d)(2)(D) +      33 Amends + 51A-8.611(d)(2)(F) +      34 Amends + 51A-8.611(d)(3)(B) +31040 11-14-18   2 Amends + 51A-1.105(l) + Adds Div. +      3 51A-9.500, + 51A-9.501 thru + 51A-9.507 +31041 11-14-18   2 Adds + 51A-4.217(8.1) +31079 12-12-18   1 Amends + 51A-7.1201 +      2 Amends + 51A-7.1203(a)(23) +      3 Amends + 51A-7.1203(a)(33) +      4 Amends + 51A-7.1205(c) +      5 Amends + 51A-7.1207(a)(1) +      6 Amends + 51A-7.1208(b)(1) +      7 Adds + 51A-7.1214.3 +31109 1-23-19   1 Amends + 51A-5.102(a)(3) +31152 3-27-19   7 Amends + 51A-4.116(a)(4) +      8 Amends + 51A-4.116(b)(4) +      9 Amends + 51A-4.116(c)(4) +      10 Amends + 51A-4.125(d)(4) +      11 Amends + 51A-4.125(e)(4) +      12 Amends + 51A-4.125(f)(4) +      13 Adds Div. 51A-4.1110 +31174 4-10-19   1 Adds + 51A-4.511 +          +31191 4-24-19   1 Amends + 51A-7.901.1(a) +      2 Adds + 51A-7.901.1(j) +      3 Adds + 51A-7.903(21.1) +      4 Adds + 51A-7.903(21.2) +      5 Amends title preceding + 51A-7.907 +      6 Amends + 51A-7.911(a)(3) +      7 Adds + 51A-7.911(h) +31203 5-8-19   1 Amends + 51A-7.1007.2(c) (6) +31204 5-8-19   1 Amends + 51A-7.1007.1(c) (6) +31265 6-26-19   1 Amends + 51A-7.1501 +      2 Amends + 51A-7.1502(b) +31314 9-11-19   1 Amends + 51A-4.803(d)(1) +      2 Amends + 51A-5.101(a) +      3 Amends + 51A-5.104(c)(12 ) +      4 Amends + 51A-5.105(i) +      5 Amends + 51A-5.206(b)(2) +      6 Amends + 51A-8.506(c) +      7 Amends + 51A-8.507(b)(8) +      8 Amends + 51A-8.601(b) +      9 Amends + 51A-8.602(d) +      10 Amends + 51A-8.604(a) +      11 Amends + 51A-8.604(c) +      12 Amends + 51A-8.606(b) +      13 Amends + 51A-8.611(a)(2) +      14 Amends + 51A-8.611(a)(5) +      15 Amends + 51A-8.611(c) +      16 Amends + 51A-8.611(d)(1) +      17 Amends + 51A-8.611(e)(2) +      18 Amends + 51A-8.702(d) +      19 Amends + 51A-10.101 +      20 Amends + 51A-10.132(b)(4)(B) +      21 Amends + 51A-12.204(g)(1)(D) +31358 10-23-19   1 Amends + 51A-1.109 +31374 10-23-19   1 Amends + 51A-7.901.1(a) +      2 Adds + 51A-7.901.1(k) +      3 Adds + 51A-7.903(15.1) +      4 Amends title preceding + 51A-7.907 +      5 Amends + 51A-7.911(a)(3) +      6 Amends + 51A-7.911(c)(1) +      7 Amends + 51A-7.911(d)(1) +      8 Amends + 51A-7.911(e)(1)(B) +      9 Amends + 51A-7.911(g)(1)(B) +      10 Adds + 51A-7.911(i) +      11 Adds + 51A-7.912(i) +      12 Adds + 51A-7.919(e) +31394 12-11-19   1 Adds + 51A-8.403(a)(1.1) +      2 Amends + 51A-8.403(a)(2)(A) +      3 Amends + 51A-8.403(a)(3) +      4 Amends + 51A-8.403(a)(5) +      5 Amends + 51A-8.404 +      6 Amends + 51A-8.503(a) +      7 Amends + 51A-8.702(a) +31410 12-11-19   1 Amends + 51A-7.1702 +      2 Retitles + 51A-7.1706(c) +      3 Amends + 51A-7.1706(c)(ii) +      4 Adds + 51A-7.1728(a)(1)(C) +      5 Amends + 51A-7.1729(a)(1) +      6 Deletes 51A-7.1729(a)(2)(C) +      7 Amends + 51A-7.1729(a)(4) +      8 Amends + 51A-7.1729(a)(5) +      9 Amends + 51A-7.1729(a)(8) +      10 Deletes 51A-7.1729(a)(11) +      11 Amends + 51A-7.1729(a)(12) +      12 Deletes 51A-7.1729(a)(13) +      13 Amends + 51A-7.1729(b)(3)(B) +31433 1-8-20   1 Amends + 51A-4.501(c) +31471 2-26-20   1 Amends + 51A-4.701(b)(5) +      2 Amends + 51A-4.701(c) +      3 Amends + 51A-4.701(g)(5)(A) +31494 3-25-20   1 Amends + 51A-7.1303(a) +     2 Amends + 51A-7.1305 +     3 Amends + 51A-7.1306 +     4 Amends + 51A-7.1307 +     5 Amends + 51A-7.1308 +31607 8-12-20   2 Adds + 51A-2.102(140.1) +      3 Amends + 51A-4.127(c)(8)(F)(i) +      4 Amends + 51A-4.127(c)(8)(F)(iii) +      5 Amends + 51A-4.209(b)(6)(E)(vii)(ff) +      6 Amends + 51A-4.217(b)(12)(F)(xii) +      7 Adds + 51A-4.217(b)(12)(G)(vii) +      8 Amends + 51A-4.345(k) +      9 Amends + 51A-4.605(a)(6) +      10 Amends + 51A-4.906(b)(3) +      11 Amends + 51A-13.201(34) +      12 Amends + 51A-13.304(b)(6) +      13 Amends + 51A-13.304(c)(6) +31608 8-12-20   2 Amends + 51A-4.209(b)(5)(C) +      3 Adds + 51A-13.403(j) +31616 9-9-20   1 Amends 51A-10.135(i) +31657 9-23-20 10-1-20 29 Amends + 51A-1.105(j)(4) +31658 9-23-20 10-1-20 3 Amends + 51A-9.305(a) +31688 10-28-20   1 Amends + 51A-4.702(a)(8)(A) +31689 11-11-20   1 Amends + 47A-1.5(19) +      2 Amends + 47A-1.5(25) +      3 Amends + 47A-1.6 +      4 Amends + 47A-2.1.2(b) +      5 Amends + 47A-2.1.8(b) +      6 Amends + 47A-2.2.1(a) +      7 Amends + 47A-2.2.4 +      8 Amends + 47A-2.2.7(a) +      9 Amends + 47A-2.2.8 +      10 Amends + 47A-2.2.9 +      11 Amends + 47A-2.3.1 +      12 Amends + 47A-2.3.2 +      13 Amends + 47A-2.3.3 +      14 Amends + 47A-2.4.7 +      15 Amends + 47A-2.5.2(a) +      16 Amends + 47A-3.2(b) + Amends +31690 11-11-20   1 ch. 5, + 5-1 thru 5-64 + Amends +31695 11-11-20   1 ch. 45, + 45-1 thru + 45-15 +31708 12-9-20   1 Adds + 42A-2(13.1) +      2 Adds + 42A-2(16.1) +      3 Adds + 42A-2(21.1) +      4 Adds + 42A-2(21.2) +      5 Adds + 42A-2(24.1) +      6 Adds + 42A-2(28) +      7 Amends + 42A-6 +      8 Amends + 42A-12(j) +      9 Amends + 42A-12(l) + Amends +      10 ch. 42A, art. IV, + 42A-28.1 thru + 42A-28.9 +31714 12-9-20   1 Amends + 28-42.1(a)(2) +      2 Amends + 28-42.1(b) +      3 Adds + 28-42.1(f) +31694 11-11-20   1 Amends + 51A-11.401 +31705 11-11-20   2 Adds + 51A-4.217(b)(11.1) +31707 11-11-20   1 Amends + 51A-5.104(b)(6) +      2 Amends + 51A-5.104(c)(5) +32002 9-22-21   17 Amends + 51A-1.105(j)(2) +      18 Amends + 51A-1.105(l)(1)(B) +      19 Amends + 51A-2.102(28) +      20 Amends + 51A-2.102(32) +      21 Amends + 51A-3.103(a)(4) +      22 Amends + 51A-4.127(c)(8)(F)(iii)(bb) +      23 Amends + 51A-4.206(5)(E)(iv) +      24 Amends + 51A-4.211(5)(E)(iv) +      25 Amends + 51A-4.502(e)(6) +      26 Amends + 51A-4.803(e)(1) +      27 Amends + 51A-5.102(e) +      28 Amends + 51A-5.105(e) +      29 Amends + 51A-5.209(a) +      30 Amends + 51A-6.108(e)(1) +      31 Amends + 51A-7.932(i)(6) +      32 Amends + 51A-8.201(23) +      33 Amends + 51A-8.402 +      34 Amends + 51A-8.403(a)(1)(A)(ii) +      35 Amends + 51A-8.403(a)(1)(A)(xi) +      36 Amends + 51A-8.403(a)(1)(A)(xv) +      37 Amends + 51A-8.403(a)(6)(D) +      38 Amends + 51A-8.403(a)(6)(G) +      39 Amends + 51A-8.404(i) +      40 Amends + 51A-8.506(e) +      41 Amends + 51A-8.604(c) +      42 Amends + 51A-8.611(b) +      43 Amends + 51A-8.611(c)(7) +      44 Amends + 51A-8.611(d)(2)(D) +      45 Amends + 51A-8.611(d)(3)(B) +      46 Amends + 51A-8.611(e) +      47 Amends + 51A-8.612(a) +      48 Amends + 51A-9.305(a) +      49 Amends + 51A-10.140(b) +32003 9-22-21 10-1-21 45 Adds + 51A-1.105(aa) +32039 10-27-21   1 Amends ch. 51A, art. V, title + Amends art. V, Div. +      2 51A-5.100, + 51A-5.101 thru + 51A-5.107 +32093 1-12-22   1 Amends + 51A-9.401 +      2 Amends + 51A-9.403 +32170 4-13-22   1 Amends + 51A-3.102(d) +32264 8-10-22   4 Amends + 51A-2.102(8.1) +      5 Amends + 51A-2.102(9) +      6 Amends + 51A-2.102(57.1) +32209 5-11-22   2 Amends + 51A-4.111(2)(C) +      3 Amends + 51A-4.112(a)(2)(C) +      4 Amends + 51A-4.112(b)(2)(C) +      5 Amends + 51A-4.112(c)(2)(C) +      6 Amends + 51A-4.112(d)(2)(C) +      7 Amends + 51A-4.112(e)(2)(C) +      8 Amends + 51A-4.112(f)(2)(C) +      9 Amends + 51A-4.112(g)(2)(C) +      10 Amends + 51A-4.113(2)(C) +      11 Amends + 51A-4.114(2)(C) +      12 Amends + 51A-4.115(2)(C) +      13 Amends + 51A-4.116(a)(2)(C) +      14 Amends + 51A-4.116(b)(2)(C) +      15 Amends + 51A-4.116(c)(2)(C) +      16 Amends + 51A-4.116(d)(2)(C) +      17 Amends + 51A-4.117(2)(C) +      18 Amends + 51A-4.121(a)(2)(C) +      19 Amends + 51A-4.121(b)(2)(C) +      20 Amends + 51A-4.121(c)(2)(C) +      21 Amends + 51A-4.121(d)(2)(C) +      22 Amends + 51A-4.122(a)(2)(C) +      23 Amends + 51A-4.122(b)(2)(C) +      24 Amends + 51A-4.122(c)(2)(C) +      25 Amends + 51A-4.123(a)(2)(C) +      26 Amends + 51A-4.123(b)(2)(C) +      27 Amends + 51A-4.123(c)(2)(C) +      28 Amends + 51A-4.123(d)(2)(C) +      29 Amends + 51A-4.124(a)(2)(C) +      30 Amends + 51A-4.124(b)(2)(C) +      31 Amends + 51A-4.125(d)(2)(C) +      32 Amends + 51A-4.125(e)(2)(C) +      33 Amends + 51A-4.125(f)(2)(C) +      34 Amends + 51A-4.126(d)(2)(C) +      35 Amends + 51A-4.126(e)(2)(C) +      36 Amends + 51A-4.126(f)(2)(C) +      37 Amends + 51A-4.127(c)(2)(C) +      38 Amends + 51A-4.203(a)(2) +      39 Amends + 51A-4.203(b)(6) +32210 5-11-22   1 Amends + 51A-4.1102(a) +      2 Amends + 51A-4.1103(a) +      3 Amends + 51A-4.1105 +      4 Amends + 51A-4.1106 +      5 Amends + 51A-4.1107(a) +      7 Amends + 51A-4.1107(c) +      8 Amends + 51A-4.1107(e)(1) +      9 Amends + 51A-4.1108 +32340 10-26-22   1 Amends + 51A-10.101(11) +      2 Amends + 51A-10.101(64) +      3 Adds + 51A-10.103(g) +      4 Amends + 51A-10.135(i)(2)(B)(i) +      5 Amends + 51A-10.135(i)(2)(B)(i) +      6 Amends + 51A-10.140(b) +          +  +