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(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)
(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)
(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)
(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)