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(a) License required.
(1) Mechanized parking may not be used unless a license is obtained under this section.
(2) Mechanized parking licenses are issued by the building official. An application for mechanized parking under Section 51A-4.343 serves as an application for a license under this section.
(b) Denial of license. The building official shall deny a mechanized parking license unless the mechanized parking meets all of the standards in this division.
(c) Suspension of license by building official.
(1) 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 mechanized parking license for a definite period not to exceed 60 days.
(2) A licensee whose mechanized parking license is suspended shall not use the mechanized parking involved during the period of suspension except to release parked cars to drivers or owners.
(3) If the licensee fails to comply within the suspension period, the building official shall revoke the license.
(d) Revocation of license by building official. The building official shall revoke a mechanized parking license if:
(1) the licensee fails to comply with the requirements of the license, this division, or other applicable law;
(2) the applicant made a false statement of material fact on an application for a license; or
(3) the building official determines that the mechanized parking unreasonably endangers the safety of persons or property or is not otherwise in the public interest.
(e) Expiration of license. A mechanized parking license expires three years from the date of issuance, unless sooner revoked by the building official.
(f) Renewal. A mechanized parking license may be renewed by making an application for renewal at least 30 days before the expiration of the license. If the building official determines that the license renewal involves substantive changes to the original application, a new application for mechanized parking approval must be submitted under Section 51A-4.343. If the license renewal does not involve substantive changes, the application for renewal must be filed with the building official on a form furnished by the city.
(g) Appeal of denial, suspension, or revocation of license. If the building official denies, suspends, or revokes a license, the action of the building official is final unless the applicant or licensee files an appeal with the permit license and appeal board in accordance with Section 2-96 of the Dallas City Code. (Ord. 29128)
(a) In general. Mechanized parking spaces may be counted as required parking if the mechanized parking otherwise complies with the requirements of this article.
(b) Location. Mechanized parking must be located underground or in an enclosed above-ground parking structure.
(c) Compliance with approved plans required. Mechanized parking must comply with the building plans and operational plan approved by the building official.
(d) Maintenance. Mechanized parking must be maintained in a state of good repair and operation.
(e) Exemption from construction and maintenance provisions. Mechanized parking is exempt from the construction and maintenance provisions for off-street parking in Sections 51A-4.301(d) and 51A-4.306(c), (d), and (e). The lighting requirements in Sections 51A-4.301(e) and 51A-4.306(b) apply only to the first floor of a mechanized parking facility.
(f) Passenger loading and unloading.
(1) A passenger loading and unloading area is required if the mechanized parking facility is served by an attendant or valet.
(2) Passenger loading and unloading areas must comply with the requirements of Section 51A-4.306(f) regardless of zoning district.
(3) The passenger loading and unloading area must have adequate means of ingress from and egress to 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.
(g) Required stacking.
(1) One stacking space per every 10 mechanized parking bays is required for a mechanized parking facility not served by an attendant or valet.
(2) A mechanized loading bay counts as a stacking space.
(3) Required stacking must comply with Section 51A-4.304.
(4) The building official may reduce the stacking space requirement if the building official determines that all of the stacking spaces are not necessary based on an analysis of the operational plan. An applicant seeking a stacking space reduction from the building official shall provide the building official with a report by an independent professional engineer to justify the requested reduction.
(h) No use of public right-of-way. All stacking, maneuvering, parking, and loading for mechanized parking must be accomplished on private property.
(i) Access lane.
(1) An access lane no less than 20 feet in width must be provided outside each mechanized loading bay if the mechanized parking facility is not fully automated.
(2) An applicant seeking a reduction in the required width of an access lane from the building official shall provide the building official with a report by an independent professional engineer to justify the requested reduction.
(3) The building official may waive this requirement or reduce the width of an access lane required under this subsection if the building official determines that doing so will not create a traffic hazard or increase traffic congestion on adjacent or nearby streets.
(j) Required signs. A sign must be prominently displayed at all entrances of a mechanized parking facility. Each sign must:
(1) state the business hours of operation of the mechanized parking facility;
(2) have a phone number provided by the building official to be used for reporting violations of this division and any malfunctions of the mechanized parking facility;
(3) have the phone number of the licensee;
(4) have the issuance number of the license;
(5) have a phone number for 24-hour assistance;
(6) be constructed of weather resistant material;
(7) be no less than 30 inches wide and 24 inches long; and
(8) have clearly legible letters in a color that contrasts with the background material.
(k) Facade.
(1) These facade requirements apply to any portion of a building containing mechanized parking except when accessory to a single family or duplex use. If there is a conflict between the regulations within a zoning district that require concealment of parking structure facades, this subsection controls.
(2) An aboveground mechanized parking facility must be concealed by a facade. It is recommended that the facade be:
(A) compatible in appearance with the facade of the main building it serves, or
(B) compatible in appearance with other buildings within a one block radius.
(3) Aperture area or articulation must be provided at a minimum of 20 percent and a maximum of 80 percent for any street facing facade.
(4) Articulation must be provided at least every 30 feet, measured horizontally and vertically.
(5) Except for pedestrian and vehicular entrances, the aperture area must be screened. It is recommended that the required screening be constructed with an opaque or translucent material that may be permeable or impermeable and that the aperture area have no more than 36 square inches of transparent material in any given square foot of surface and have no more than 25 percent transparency.
(6) The board of adjustment may grant a special exception to the standards in this subsection when, in the opinion of the board, the special exception will not adversely affect neighboring property. The alternative facade must provide adequate screening of equipment and structures and mitigate noise. (Ord. Nos. 29128; 31607)
(a) General provisions.
(1) Required front yards must be open and unobstructed except for fences and light poles 20 feet or less in height. Except as otherwise provided in this section, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required front yard. A fireplace chimney may project up to two feet into the required front yard if its area of projection does not exceed 12 square feet. Cantilevered roof eaves and balconies may project up to five feet into the required front yard.
(2) The front yard setback is measured from the front lot line of the building site or the required right-of-way as determined by the thoroughfare plan for all thoroughfares, whichever creates the greater setback. On minor streets, the front yard setback is measured from the front lot line of the building site or the existing right-of-way, whichever creates the greater setback. When the city council by ordinance establishes a specific right-of-way line for a street, the front yard setback is measured from that right-of-way line.
(3) If a building line that is established by ordinance requires a greater or lesser front yard than prescribed by this section, the building line established by ordinance determines the minimum required front yard.
(4) The building official may approve a ramp that projects into the required front yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal encroachment and must be constructed to the applicable accessibility standard as determined by the building official. Initial review of a complete permit application for a ramp must be completed in 10 days.
(5) If a lot runs from one street to another and has double frontage, a required front yard must be provided on both streets. If access is prohibited on one frontage by plat or by the city, the following structures or portions of structures in the yard along that frontage are governed by the rear yard regulations in Section 51A-4.403:
(A) Swimming pools.
(B) Game courts.
(C) Fences.
(D) Garages.
(E) Accessory storage buildings.
(6) Except as provided in this paragraph, if a blockface is divided by two or more zoning districts, the front yard for the entire blockface must comply with the requirements of the district with the greatest front yard requirement.
(A) If the greatest front yard is in a district with only one or more of the following uses being conducted as a main use and having a minimum of 80 feet of frontage, the blockface terminates at the boundary of that use:
(i) Utility and public service uses listed in Section 51A-4.212.
(ii) A railroad right-of-way.
(iii) A cemetery or mausoleum.
(iv) Recreation uses listed in Section 51A-4.208.
(B) In this section BLOCKFACE means:
(i) the distance along one side of a street between the two nearest intersecting streets;
(ii) where a street deadends, the distance along one side of a street between the nearest intersecting street and the end of the deadend street; or
(iii) where a street centerline contains a change of direction greater than 45 degrees, the distance along one side of a street between either the nearest intersecting street or the deadend and the point determining the angle of the change of direction.
(7) Reserved.
(8) The minimum front yard requirements in a planned development district are controlled by the planned development district regulations.
(9) In an A(A), multifamily, MH(A), office, retail, CS, LI, IR, IM, central area, mixed use, or multiple commercial district, the board of adjustment may allow a special exception from the front yard requirements of this section to permit the erection of a permanently constructed porte-cochere, covered walkway, or canopy if the structure is rectilinear in shape and does not exceed 25 feet in width at the building line, and if the board finds that the structure will not adversely affect neighboring property.
(b) Front yard provisions for residential districts.
(1) If a corner lot in a single family, duplex, or agricultural district has two street frontages of equal distance, one frontage is governed by the front yard regulations of this section, and the other frontage is governed by the side yard regulations in Section 51A-4.402. If the corner lot has two street frontages of unequal distance, the shorter frontage is governed by this section, and the longer frontage is governed by side yard regulations in Section 51A-4.402. Notwithstanding this provision, the continuity of the established setback along street frontage must be maintained.
(2) Reserved.
(3) If a TH or TH(A) district abuts another residential district in the same blockface and fronts on the same side of the street, the residential district with the greater front yard requirement determines the minimum front yard. The minimum front yard for the residential district with the greater front yard requirement must extend at least 150 feet into the TH or TH(A) district.
(4) through (7) Reserved.
(c) Special exception for carports.
(1) The board may grant a special exception to the minimum front yard requirements in this section for a carport for a single family or duplex use when, in the opinion of the board:
(A) there is no adequate vehicular access to an area behind the required front building line that would accommodate a parking space; and
(B) the carport will not have a detrimental impact on surrounding properties.
(2) In determining whether to grant this special exception, the board shall consider the following factors:
(A) Whether the requested special exception is compatible with the character of the neighborhood.
(B) Whether the value of surrounding properties will be adversely affected.
(C) The suitability of the size and location of the carport.
(D) The materials to be used in construction of the carport.
(3) Storage of items other than motor vehicles is prohibited in a carport for which a special exception has been granted under this subsection.
(d) Special exception for tree preservation.
(1) The board may grant a special exception to the minimum front yard requirements in this section to preserve an existing tree.
(2) In determining whether to grant this special exception, the board shall consider the following factors:
(A) Whether the requested special exception is compatible with the character of the neighborhood.
(B) Whether the value of surrounding properties will be adversely affected.
(C) Whether the tree is worthy of preservation.
(e) Schedule of minimum front yards.
(1) Except as provided in this section, a person shall not erect, alter, convert, or maintain a structure or part of a structure in violation of the minimum front yard requirements in the district regulations (Divisions 51A-4.100 et seq.). A schedule of minimum front yards is provided in Section 51A-4.410. (Ord. Nos. 19455; 19786; 20236; 21186; 21290; 22053; 26531; 30895; 30932)
(a) General provisions.
(1) Required side yards must be open and unobstructed except for fences and light poles 20 feet or less in height. Except as otherwise provided in this section, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required side yard. A fireplace chimney may project up to two feet into the required side yard if its area of projection does not exceed 12 square feet. Roof eaves may project up to three feet into the required side yard. Balconies may not project into the required side yard.
(2) The side yard setback is measured from the side lot line of the building site, except when a front yard is treated as a side yard, the setback is measured from the lot line or the required right-of-way as determined by the thoroughfare plan for all thoroughfares, whichever creates the greater setback. On minor streets, the setback is measured from the lot line or the existing right-of-way, whichever creates the greater setback.
(A) When city council by ordinance establishes a specific right-of-way line for a street, the required setback is measured from that right-of-way line.
(3) Reserved.
(4) A unitary air conditioning unit may be located in the required side yard, but not nearer than three feet to the property line.
(5) The building official may approve a ramp that projects into the required side yard to allow a handicapped person access to an existing single family, duplex, or handicapped group dwelling unit use. The ramp must be constructed with minimal encroachment and must be constructed to the applicable accessibility standard as determined by the building official. Initial review of a complete permit application for a ramp must be completed in 10 days.
(b) Side yard provisions for residential districts.
(1) In a single family district, one required side yard may be reduced below the setback required in this section, if the other side yard is increased to at least double the side yard required in this section, subject to the following conditions:
(A) The minimum side yard between structures on contiguous lots must not be less than the minimum side yard required in this section.
(B) To reduce the required side yard, a subdivision plat must be approved by the commission and filed with the county clerk showing the location of all building lines, and showing the proposed distances between the building lines and property lines, streets lines and alley lines.
(C) A person may not erect an accessory structure except for a swimming pool and its appurtenances in the double side yard.
(2) Reserved.
(3) In a residential district, a person need not provide a side yard setback for a structure accessory to a residential use, including a generator, if the structure:
(A) does not exceed 15 feet in height; and
(B) is located in the rear 30 percent of the lot.
Note: This paragraph does not apply to a front yard governed by the side yard regulations in Section 51A-4.402 (such as a front yard treated as a side yard on a corner lot).
(c) Special exception for carports.
(1) The board may grant a special exception to the minimum side yard requirements in this section for a carport for a single family or duplex use when, in the opinion of the board, the carport will not have a detrimental impact on surrounding properties.
(2) In determining whether to grant this special exception, the board shall consider the following factors:
(A) Whether the requested special exception is compatible with the character of the neighborhood.
(B) Whether the value of surrounding properties will be adversely affected.
(C) The suitability of the size and location of the carport.
(D) The materials to be used in construction of the carport.
(3) Storage of items other than motor vehicles is prohibited in a carport for which a special exception has been granted under this subsection.
(d) Special exception for child or adult care facilities. The board may grant a special exception to the minimum side yard requirements in this section for an accessory structure used for outdoor recreation, when in the opinion of the board, the special exception will not adversely affect neighboring properties.
(e) Special exception for tree preservation.
(1) The board may grant a special exception to the minimum side yard requirements in this section to preserve an existing tree.
(2) In determining whether to grant this special exception, the board shall consider the following factors:
(A) Whether the requested special exception is compatible with the character of the neighborhood.
(B) Whether the value of surrounding properties will be adversely affected.
(C) Whether the tree is worthy of preservation.
(f) Schedule of minimum side yards. Except as provided in this section, a person shall not erect, alter, convert, or maintain a structure or part of a structure in violation of the minimum side yard requirements in the district regulations (Divisions 51A-4.100 et seq.). A schedule of minimum side yards is provided in Section 51A-4.410.
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