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(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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