(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)
(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)
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)
Loading...