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(a) In general. All special parking must be approved by the building official in accordance with this division. A person seeking approval of special parking shall submit an application to the building official pursuant to Subsection (b).
(b) Application. An application for special parking approval must be filed with the building official. An application form may be obtained from the building official. The application must include the following:
(1) The application fee.
(2) A site plan illustrating the applicable items listed in Subsection (c).
(3) For packed parking, a statement describing the operational plan, including:
(A) the days and hours of operation of the main use;
(B) staffing required to park the vehicles; and
(C) the location of any parking service stand.
(4) For remote parking:
(A) a map illustrating the walking distance from the special parking to the use providing the parking; and
(B) if applicable, a statement pointing out the factors justifying an extension of walking distance including discussion of the following factors:
(i) The type of use involved.
(ii) The parking demand generated by the use involved.
(iii) The percentage of required off-street parking that will be provided as remote parking.
(iv) The availability and condition of sidewalks.
(v) The availability and frequency of a local shuttle or transit service.
(vi) The availability of or proposal for shelters for users of any local shuttle or transit service.
(vii) Any other factors that may have the effect of encouraging patrons of the use to use or discouraging patrons of the use from using the remote parking.
(5) For shared parking, a study of parking demand and accumulation during all days and hours of operation for all uses sharing parking.
(6) Any other reasonable and pertinent information that the building official determines to be necessary for special parking review.
(c) Site plan requisites.
(1) The following information must be illustrated on the site plan:
(A) The number of parking spaces required for each use.
(B) The location and dimensions of the special parking lot.
(C) The location and dimensions of all existing and proposed off-street parking and loading areas, parking bays, aisles, and driveways.
(D) The location and dimensions of any dumpster on the special parking lot.
(E) The number of cars to be accommodated in each row of parking spaces.
(F) The location and dimensions of all existing streets and alleys adjacent to the special parking lot and between the special parking lot and the main use.
(G) The location of all existing easements for street purposes on the special parking lot.
(H) Existing and proposed provisions for pedestrian circulation in the area of request, including sidewalks, walkways, crosswalks, and pedestrian plazas.
(I) Existing and proposed median cuts and driveways located within 250 feet of the special parking lot.
(J) The location and the type of any special traffic regulation facilities proposed or required.
(K) A proposed landscape plan, if required elsewhere in this chapter.
(2) For special parking consisting of more than 50 parking spaces, the following additional information must be illustrated on the site plan:
(A) Existing and proposed points of ingress and egress and estimated peak hour turning movements to and from existing and proposed public and private streets and alleys adjacent to the special parking lot.
(B) Average daily traffic counts on streets adjacent to the special parking lot.
(C) Estimated peak hour turning movements at intersections located within 250 feet of
the special parking lot. (Ord. Nos. 19786; 21660; 30892)
(a) Conformity with standards required. The building official shall deny an application for special parking unless it meets all of the applicable standards in this section.
(b) General standards.
(1) Special parking may not be located in a residential district, except that Chapter 51 community service, religious, and educational uses, and Chapter 51A institutional and community service uses may share parking in residential districts on the same lot where both uses are located. Nonresidental uses in residential districts may also use special parking if the special parking is not located in a residential district.
(2) Except as otherwise expressly provided in this subsection, special parking may not account for more than 50 percent of the off-street parking required for any use.
(3) The 50 percent limitation in Paragraph (2) does not apply to:
(A) remote parking within a walking distance of 300 feet of the main use; and
(B) shared parking on the same lot as the main use if all uses sharing the parking have mutually exclusive hours of operation.
(4) Special parking must comply with all codes, ordinances, rules, and regulations of the city.
(5) Special parking may not create safety hazards.
(c) Packed parking standards. Packed parking may not be used unless a license is obtained pursuant to Section 51A-4.329.
(d) Remote parking standards.
(1) Walking distance. Remote parking must be located within a walking distance of 300 feet from the use served by the remote parking unless an extension of walking distance is approved by the building official.
(2) Extension of walking distance.
(A) The building official may extend the walking distance for remote parking to no more than 600 feet unless the extension would:
(i) significantly discourage patrons of the use from using the remote parking;
(ii) unreasonably endanger the safety of persons or property; or
(iii) not otherwise be in the public interest.
(B) A license is required to authorize an extension of walking distance beyond 600 feet. (See Section 51A-4.329.)
(3) Signs required at main use and at parking lot. A sign must be prominently displayed at all entrances of a remote parking lot and at all entrances of a parking lot providing on-site parking for the main use. Each sign must:
(A) illustrate or describe the location of the remote parking in relation to the main use;
(B) be constructed of weather resistant material;
(C) be no less than 30 inches wide and 24 inches long; and
(D) contain clearly legible letters in a color that contrasts with the background material of the sign.
(e) Shared parking standards. Uses sharing parking must have either mutually exclusive or compatibly overlapping normal hours of operation. The building official shall determine whether hours of operation are compatibly overlapping on a case by case basis. (Ord. Nos. 19786; 21660; 25290; 27404)
(a) Form of decision. The decision of the building official must take one of three forms:
(1) Approval, no conditions.
(2) Approval, subject to conditions noted.
(3) Denial.
(b) Statement of reasons. If the building official denies an application for special parking, he shall state in writing the specific reasons for denial.
(c) Approval subject to conditions noted. As an alternative to denial of an application for special parking under Section 51A-4.324(a), the building official may approve the special parking subject to conditions noted if compliance with all conditions will eliminate what would otherwise constitute grounds for denial. If the building official approves the special parking subject to conditions noted, he shall state in writing the specific requirements to be met before the special parking shall be considered approved.
(d) Approval with no conditions. If there are no grounds for denial under Section 51A-4.324(a), the building official shall approve the application for special parking with no conditions. (Ord. Nos. 19786; 21660)
The building official shall give written notice to the applicant of the decision regarding the application for special parking. Notice is given by depositing the notice properly addressed and postage paid in the United States mail. The notice must be sent to the address shown on the application. (Ord. Nos. 19786; 21660)
(a) An appeal from a decision of the building official under Section 51A-4.325 may be made to the board of adjustment.
(b) In considering the appeal, the sole issue before the board of adjustment shall be whether or not the building official erred in making the decision and, in this connection, the board shall consider the same standards that were required to be considered by the building official in making the decision. (Ord. Nos. 19786; 21660)
(a) Requisites of agreement. If the application for special parking is approved, a special parking agreement must be executed and filed in accordance with this section. A standard agreement form may be obtained from the building official. The agreement must:
(1) be in writing;
(2) contain legal descriptions of the properties affected;
(3) set forth adequate consideration between the parties;
(4) specify the special parking being provided and the hours of operation of any use involved;
(5) be a covenant running with the land;
(6) state that all parties agree to defend, indemnify, and hold harmless the city of Dallas from and against all claims or liabilities arising out of or in connection with the agreement;
(7) be governed by the laws of the state of Texas;
(8) be approved by the building official and be approved as to form by the city attorney;
(9) be signed by all owners of the properties affected;
(10) be signed by all lienholders, other than taxing entities, that have an interest in or an improvement on the properties; and
(11) state that it may only be amended or terminated by a subsequent written instrument that is:
(A) except as otherwise provided in Subsection (b), signed by all owners of the properties affected and by all lienholders, other than taxing entities, that have an interest in or an improvement on the properties;
(B) approved by the building official;
(C) approved as to form by the city attorney; and
(D) filed and made a part of the deed records of the county or counties in which the properties are located.
(b) Approval. The building official shall approve an agreement if all properties governed by the agreement fully comply with the regulations in this division. If all affected owners and lienholders do not sign the instrument amending or terminating an agreement, and if all uses for which parking is provided under the agreement demonstrate that the agreement is no longer needed to fully comply with the off-street parking requirements in this chapter, the building official shall approve the amending or terminating instrument without those signatures.
(c) Agreement must be filed. An agreement shall not be considered effective until a true and correct copy of the approved agreement is filed in the deed records of the county or counties in which the properties are located and two file-marked copies of the agreement are filed with the building official.
(d) Amendment or termination of agreement. An agreement may only be amended or terminated by a written instrument that is executed in accordance with this subsection on a form provided by the city.
(1) The instrument must be:
(A) signed by all owners of properties affected and by all lienholders, other than taxing entities, that have an interest in or an improvement on the properties;
(B) approved by the building official;
(C) approved as to form by the city attorney; and
(D) filed and made a part of the deed records of the county or counties in which the properties are located.
(2) The building official shall approve an instrument amending or terminating a special parking agreement if:
(A) all uses providing parking under the agreement and all uses on the property for which parking is provided under the agreement fully comply with the off-street parking regulations in this chapter; or
(B) all uses on the property for which parking is provided under the agreement cease to operate and terminate their certificates of occupancy.
(3) The amending or terminating instrument shall not be considered effective until a true and correct copy of the approved instrument is filed in the deed records of the county or counties in which the properties are located and two file-marked copies of the instrument are filed with the building official. (Ord. Nos. 19786; 21660; 22783)
(a) When a special parking license is required.
(1) A special parking license is required to authorize:
(A) packed parking; or
(B) an extension of the walking distance for remote parking beyond 600 feet [See Section 51A-4.324(d)].
(2) Special parking licenses are issued by the building official. An application for special parking under Section 51A-4.323 serves as an application for a license under this section.
(b) Conformity with standards required. The building official shall deny a special parking license unless it meets all of the applicable standards in Section 51A-4.324 and this section.
(c) Packed parking standards.
(1) The passenger loading and unloading area for packed parking must have adequate means of ingress to and egress from a street or an alley. The building official shall only consider alley access in satisfaction of this requirement when alley access is permitted by this chapter.
(2) All maneuvering, parking, and loading for packed parking must be accomplished on private property.
(3) The area of each packed parking space must be no less than 145 square feet.
(4) An access lane that is no less than 24 feet wide must be provided through the packed parking area.
(5) An attendant must be provided to park vehicles during all business hours of the main use.
(6) A sign must be prominently displayed at all entrances of a packed parking lot. Each sign must:
(A) state:
(i) that all or a portion of the lot is restricted to packed parking serving the main use;
(ii) that an attendant must be provided during all business hours of the main use;
(iii) the business hours of the main use;
(iv) a phone number specified by the building official to be used for reporting violations of this division, including the requirement of an attendant during all business hours of the main use;
(v) the phone number of the licensee; and
(vi) the issuance number of the licensee;
(B) be constructed of weather resistant material;
(C) be no less than 30 inches wide and 24 inches long; and
(D) contain clearly legible letters in a color that contrasts with the background material of the sign.
(d) Standards for extension of walking distance beyond 600 feet.
(1) The building official shall require that either a shuttle or an attendant be provided by the applicant as a condition to approval of an extension of the walking distance for remote parking beyond 600 feet.
(2) If a shuttle is required, it must:
(A) transport patrons between the main use and the remote parking lot;
(B) be adequately staffed during all hours of operation of the main use; and
(C) have adequate seating capacity to accommodate patrons expected to use the remote parking.
(3) If an attendant is required, the attendant shall drive vehicles of patrons between the main use and the remote parking lot.
(4) In no event may the building official authorize remote parking to be located beyond a walking distance of one-half mile from the main use.
(e) Revocation of license by building official. The building official shall revoke a license under this division if:
(1) the licensee fails to comply with the requirements of the license, this division, or other applicable law;
(2) the licensee made a false statement of material fact on an application for a license under this section; or
(3) the building official determines that the special parking unreasonably endangers the safety of persons or property and is not otherwise in the public interest.
(f) Suspension of license by building official. If the building official determines that a licensee has failed to comply with any regulation established under this division, the building official may suspend the special parking license for a definite period of time not to exceed 60 days. A licensee whose special parking license is suspended shall not use the special parking involved during the period of suspension. If the licensee fails to comply within the suspension period, the building official shall revoke the license.
(g) Expiration of license. A special parking license expires three years from the date of issuance, unless sooner revoked by the building official or by the city council.
(h) Renewal. A special parking license may be renewed by making an application for renewal at least 30 days before expiration of the license. If the license renewal involves changes to the original application, a new application for special parking approval must be submitted under Section 51A-4.323. If the license renewal does not involve changes, the request for renewal must be filed with the building official on a form furnished by the city for that purpose.
(i) Appeal of denial, suspension, or revocation of license. If the building official refuses to issue a license to an applicant or suspends or revokes the license of a licensee, the action of the building official is final unless the licensee files an appeal with a permit and license appeal board in accordance with Section 2-96 of this code. (Ord. Nos. 19786; 21660)
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