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(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)
(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 AREA | 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.
(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;
(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).
(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)
(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.
(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.
(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 station | 3 additional |
(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)
(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)
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