(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.