(1) Reserved.
(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 or adult care facility.
(A) Definition: A facility that provides care, training, education, custody, treatment, or supervision for persons of any 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, hospital, medical clinic or ambulatory surgical center, or establishment where persons in need of care are cared for during short periods while parents or persons responsible for the persons in need of care are attending religious services or activities, receiving or providing inpatient or outpatient care, shopping, or engaging in other activities on or near the premises;
(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 Texas Education Agency or the Southern Association of Colleges and Schools, or their successor agencies, and which 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 Texas Education Agency or its successor 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:
(i) By right in A(A), multifamily, MH(A), retail, CS, industrial, central area, mixed use, multiple commercial, office and urban corridor districts.
(ii) Except as provided in this romanette, by right in R(A), D(A), TH(A), and CH districts when the child or adult care facility is operated on property that is operated or was previously operated by a religious organization, public or private school, or recreation center. Otherwise, by SUP in R(A), D(A), TH(A), and CH districts.
(iii) DIR required in CS and industrial districts.
(C) Required off-street parking: Except in R(A), D(A), TH(A), and CH districts, none required. In an R(A), D(A), TH(A), or CH district, 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. In an R(A), D(A), TH(A), or CH district, if this use is allowed by right, none 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) When this use is located within a residential district, outdoor activities are limited to the hours between 7 a.m. and 10 p.m.
(ii) The persons being cared for, trained, kept, treated, or supervised under this use may not use the facility as a residence.
(iii) For property zoned as A(A) and multifamily, the board of adjustment may grant a special exception to the off-street parking requirements contained in Section 51A-4.301 when, in the opinion of the board, the special exception will not adversely affect neighboring properties.
(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 CLASSIFICATION
|
MAXIMUM NO. OF DWELLING UNITS OR SUITES* PER NET ACRE
|
MAXIMUM NO. OF BEDS PER NET ACRE |
ZONING DISTRICT CLASSIFICATION
|
MAXIMUM NO. OF DWELLING UNITS OR SUITES* PER NET ACRE
|
MAXIMUM NO. OF BEDS PER NET 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; 32659)