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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 )