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General provisions. Note: These provisions apply only to D and D-1 Liquor Control Overlay Districts enacted before June 11, 1987.
(1) A D or D-1 liquor control overlay district is designated as “dry” by the suffix “D” or “D-1” on the zoning district map.
(2) In a “D” liquor control overlay district, a person shall not sell or serve alcoholic beverages or setups for alcoholic beverages for consumption on or off the premises.
(3) In a “D-1” liquor control overlay district, a person shall not sell or serve alcoholic beverages, or setups for alcoholic beverages, for consumption on or off the premises, unless the sale or service is part of the operation of a use for which a specific use permit has been granted by the city council.
(4) It is a defense to prosecution under Paragraphs (2) and (3) of this section that the alcoholic beverage or setup for alcoholic beverage is served, but not sold, at a private residence for consumption at the residence. For purposes of this subsection, a private residence must be a permitted residential or lodging use listed in the use regulations of this article. If the use is a lodging use, the term “private residence” means the guest room only. (Ord. Nos. 19455; 21735)
(a) Purpose. A demolition delay overlay district is intended to encourage the preservation of historically significant buildings that are not located in a historic overlay district by helping the property owner identify alternatives to demolition.
(b) General provisions.
(1) The city plan commission or city council may initiate a demolition delay overlay district following the procedure in Section 51A-4.701, "Zoning Amendments."
(2) This section applies to any building located in a demolition delay overlay district that is at least 50 years old and meets one of the following criteria:
(A) the building is located in a National Register Historic District or is individually listed on the National Register of Historic Places;
(B) the building is designated as a Recorded Texas Historic Landmark;
(C) the building is designated as a State Archeological Landmark;
(D) the building is designated as a National Historic Landmark;
(E) the building is listed as significant in the 2003 Downtown Dallas/Architecturally Significant Properties Survey; or
(F) the building is listed as contributing in the 1994 Hardy-Heck-Moore Survey.
(c) Demolition delay process.
(1) Phase I.
(A) Upon receipt of a complete application to demolish a building that is in a demolition delay overlay district, the building official shall refer the application to the historic preservation officer.
(B) Within 10 days after the historic preservation officer receives an application to demolish a building within a demolition delay overlay district, the historic preservation officer shall determine whether the building meets the requirements in Subsection (b)(2).
(C) If the historic preservation officer determines that a building within a demolition delay overlay district does not meet the criteria in Subsection (b)(2) and the application meets the requirements for issuing a demolition permit in the Dallas Building Code, the building official shall grant the application to demolish a building.
(2) Phase II.
(A) Within 45 days after determining whether a building within a demolition delay overlay district meets the requirements in Subsection (b)(2), the historic preservation officer shall schedule a meeting with the building's owner and appropriate city officials to discuss alternatives to demolition, such as historic designation under Section 51A-4.501; historic preservation tax exemptions and economic development incentives for historic properties under Article XI; loans or grants from public or private resources; acquisition of the building; and variances.
(B) The historic preservation officer shall post notice of the meeting with the building's owner on the city's website.
(C) Within two working days after the historic preservation officer determines the building within the demolition delay overlay district meets the requirements in Subsection (b)(2), the historic preservation officer shall post a sign on the property to notify the public that an application has been made for a demolition permit within a demolition delay overlay district. The sign must include a phone number where citizens can call for additional information.
(D) The meeting may include organizations that foster historic preservation, urban planning, urban design, development, and improve ment in demolition delay overlay districts.
(E) If at the end of the 45-day period the application meets the requirements of the Dallas Building Code and the building owner declines to enter into an agreement as outlined in Paragraph (3), the building official shall grant the application to demolish a building within a demolition delay overlay district.
(3) Phase III. The property owner may enter into an agreement with the city to delay granting a demolition permit for an additional time period to continue exploration of alternatives to demolition. (Ord. 29893)
(a) Definitions. In this section:
(1) AREA means the land within the boundaries of a proposed CD that may include subdistricts, land within the boundaries proposed to be added to an established CD that may include subdistricts, or land within the boundaries of a proposed subdistrict.
(2) BLOCKFACE means the linear distance of lots along one side of a street between the two nearest intersecting streets. If a street dead ends, the terminus of the dead end will be treated as an intersecting street.
(3) CD means conservation district.
(4) CD ORDINANCE means the ordinance establishing or amending a particular conservation district.
(5) DEMOLITION means the intentional destruction of an entire building.
(6) NEIGHBORHOOD COMMITTEE means the property owners of at least 10 properties within a proposed CD, proposed area to be added to an established CD, or an established CD; or, if less than 10 properties, 50 percent of the property owners within the proposed CD, proposed area to be added to an established CD, or an established CD.
(7) PHYSICAL ATTRIBUTES means the physical features of buildings and structures, including the architectural style; characteristics of a period; and method of construction, and may also include those physical characteristics of an area that help define or make an area unique, including scale; massing; spatial relationship between buildings; lot layouts; setbacks; street layouts; streetscape characteristics or other natural features; or land-use patterns.
(8) STABLE means that the area is expected to remain substantially the same over the next 20 years with continued maintenance of the property. While some changes in structures, land uses, and densities may occur, all such changes are expected to be compatible with surrounding development.
(9) STABILIZING means that the area is expected to become stable over the next 20-year period through continued reinvestment, maintenance, or remodeling.
(b) Findings and purpose.
(1) State law authorizes the city of Dallas to regulate the construction, alteration, reconstruction, or razing of buildings and other structures in "designated places and areas of historic, cultural, or architectural importance and significance."
(2) Conservation districts are intended to provide a means of conserving an area's distinctive character by protecting or enhancing its physical attributes.
(3) Conservation districts are distinguished from historic overlay districts, which preserve historic residential or commercial places; neighborhood stabilization overlay districts, which preserve single family neighborhoods by imposing neighborhood- specific yard, lot, and space regulations that reflect the existing character of the neighborhood; and planned development districts, which provide flexibility in planning and construction while protecting contiguous land uses and significant features.
(4) The purpose of a CD is to:
(A) protect the physical attributes of an area or neighborhood;
(B) promote development or redevelopment that is compatible with an existing area or neighborhood;
(C) promote economic revitalization;
(D) enhance the livability of the city; and
(E) ensure harmonious, orderly, and efficient growth.
(c) General provisions.
(1) Each CD must be established by a separate CD ordinance.
(2) A CD may replace a planned development district or a neighborhood stabilization overlay. A CD may include an historic district overlay. A CD may not be placed on a planned development district or a neighborhood stabilization overlay.
(3) For purposes of determining the applicability of regulations in this chapter triggered by adjacency or proximity to another zoning district, an identifiable portion of a CD governed by a distinct set of use regulations is treated as though it were a separate zoning district. If the CD district or a portion of the district is limited to those uses permitted in an expressly stated zoning district, the CD district or portion of the district is treated as though it were that expressly stated zoning district; otherwise it is treated as though it were:
(A) a TH-3(A) zoning district if it is restricted to single family and/or duplex uses;
(B) an MF-2(A) zoning district if it is restricted to residential uses not exceeding 36 feet in height and allows multifamily uses;
(C) an MF-3(A) zoning district if it is restricted to residential uses and allows multifamily uses exceeding 36 feet in height; or
(D) a nonresidential zoning district if it allows a nonresidential use.
(d) Establishing a conservation district.
(1) Determination of eligibility.
(A) Before a neighborhood committee may request pre-application meetings or apply for a CD, a neighborhood committee must request a determination of eligibility and the director must determine that an area is eligible. A request for determination of eligibility is not an application for a CD.
(B) A neighborhood committee must submit a request for determination of eligibility on a form furnished by the department. The request for a determination of eligibility must include:
(i) The names and addresses of the neighborhood committee members.
(ii) The name and address of the neighborhood committee member designated to receive notice and information from the department.
(iii) A map of the request area.
(iv) A written statement explaining how the neighborhood committee selected the request area. For example, the request area is the original subdivision.
(v) A list of the architectural styles of each main building in the area of request and the year that each main building was constructed.
(vi) A written statement describing the physical attributes of the area, including the architectural styles, period of significance, and method of construction.
(vii) A written statement describing how the area of request meets all of the eligibility criteria in Section 51A-4.505(d)(1)(C).
(viii) Any other information that the director deems necessary.
(C) Within 65 days after a complete request for determination of eligibility is submitted, the director shall make a determination of eligibility. An area is not eligible for a CD unless it satisfies all of the following criteria:
(i) The area contains at least one blockface.
(ii) The area must be either "stable" or "stabilizing" as defined in this section.
(iii) The area is compact and contiguous with boundary lines drawn to the logical edges of the area or subdivision, as indicated by a creek, street, subdivision line, utility easement, zoning boundary line, or other boundary.
(iv) At least 75 percent of the lots are developed with main buildings that are at least 25 years old.
(v) The area has physical attributes that include recognizable architectural style(s).
(D) If the director determines that the area is eligible for a CD, the director shall notify the designated neighborhood committee member in writing. Notice is given by depositing the notice properly addressed and postage paid, return receipt requested, in the United States mail. The director's determination that an area is eligible for a CD may not be appealed.
(E) After the director determines an area is eligible for a CD, the boundaries may only be changed by city council at a public hearing to consider a proposed CD or by a request for a new determination of eligibility after the original determination of eligibility expires. A request for a new determination of eligibility with different boundaries must be made before a neighborhood committee may request pre- application meetings or apply for a CD.
(F) If the director determines that the area is not eligible for a CD, the director shall notify the designated neighborhood committee member in writing why the proposed area is not eligible. Notice is given by depositing the notice properly addressed and postage paid, return receipt requested, in the United States mail. The director's determination that an area is not eligible for a CD classification may be appealed to the city plan commission by the neighborhood committee.
(G) An appeal of a determination that an area is not eligible for a CD is made by filing a written notice of appeal with the director. The notice of appeal must be filed within 30 days after the director provides written notice to the designated neighborhood committee member. The sole issue on appeal is whether the director erred in the determination of eligibility. The city plan commission shall consider the same criteria that the director is required to consider.
(H) The city plan commission's determination of eligibility on appeal is final. If the city plan commission determines that the area is not eligible for a CD, no further requests for determination of eligibility may be considered for the area of request for two years from the date of its decision. A property owner within the area of request may apply for a waiver of the two-year limitation period pursuant to Section 51A-4.701(d)(3).
(2) Pre-application meetings.
(A) After an area is determined eligible for a CD and before a neighborhood committee may apply for a CD, a neighborhood committee must request pre-application meetings. A request for pre- application meetings is not an application for a CD.
(B) Pre-application meetings are held by the department. Pre-application meetings are intended to inform the neighborhood committee and property owners within the eligible area about the determination of eligibility process, purpose of a CD, and the CD ordinance process. Pre-application meetings are also held to discuss and establish a list of development and architectural standards the neighborhood is interested in regulating.
(C) Within 65 days after the director has determined that an area is eligible for a CD, the neighborhood committee must submit a request for pre-application meetings on a form furnished by the department or the determination of eligibility for that area expires. If the determination of eligibility expires, a neighborhood committee must submit a new request for determination of eligibility and the director must determine that the area is eligible before a request for pre-application meetings may be submitted.
(D) Within 60 days after a complete request for pre-application meetings is submitted, the director shall schedule the first of at least two pre- application meetings. Notice of each pre-application meeting shall be given at least 10 days before the pre- application meeting to all property owners within the area eligible for a CD as evidenced by the last certified municipal tax roll.
(E) Within 14 days after the last pre- application meeting, the department shall provide the designated neighborhood committee member with the original petition forms.
(F) The original petition forms must include a map showing the boundaries of the area determined eligible for a CD; a list of the development and architectural standards a CD may regulate; the development and architectural standards established at the pre-application meetings that neighborhood is interested in regulating; the name and address of all property owners within the proposed CD; the deadline for the required signatures; and a statement that by signing the petition, the property owner is indicating support for initiating a process that may result in a change of zoning.
(G) Once the original petition forms are provided to the designated neighborhood committee member, additions to the development and architectural standards established by the neighborhood and listed on the original petition forms may only be recommended by city plan commission and approved by the city council.
(3) Application for a CD.
(A) After an area is determined eligible for a CD and the pre-application meetings have been held by the department, a neighborhood committee may submit an application for a CD.
(B) The application must be on a form provided by the department and must include:
(i) The original petition forms submitted with the dated signatures of property owners within the area determined eligible for a CD in support of the proposed CD that represent at least 58 percent of the land, excluding streets and alleys, within the proposed CD or 58 percent of the lots within the proposed CD.
(aa) For a proposed CD with 200 or fewer lots, the signatures on the original petition forms must be dated within 12 months following the date the original petition forms are provided to the designated neighborhood committee member.
(bb) For a proposed CD with 201 to 500 lots, the signatures on the original petition forms must be dated within 15 months following the date the original petition forms are provided to the designated neighborhood committee member.
(cc) For a proposed CD with more than 500 lots, the signatures on the original petition forms must be dated within 18 months following the date the original petition forms are provided to the designated neighborhood committee member.
(ii) The application fee, if applicable.
(aa) If the original petition forms are signed by 75 percent or more of the lots within the proposed CD boundaries, the application fee is waived.
(bb) If the proposed CD is authorized pursuant to Section 51A-4.701(a)(1), the application fee is waived.
(iii) Any other information that the director deems necessary.
(C) Within 30 days after an application for a CD is submitted, the director shall verify the original petition forms and determine if the application is complete. The time the director takes to review an application for completeness is not counted toward the date requirements in Section 51A-4.505(d)(3)(B)(i) for signatures in support of the proposed CD.
(D) If the application is deemed complete or the CD is authorized pursuant to Section 51A-4.701(a)(1), a public hearing to create a CD is initiated.
(E) If the director deems the application incomplete, the director shall notify the designated neighborhood committee member in writing of the application deficiencies and return the incomplete application. Notice is given by depositing the notice properly addressed and postage paid, return receipt requested, in the United States mail.
(F) For purposes of Section 51A-4.701, "Zoning Amendments," once a CD application has been deemed complete, the CD shall be treated as a city plan commission authorized public hearing and may not be appealed to city council if the city plan commission recommends denial. If the proposed CD is initiated by application, the notice of authorization in Section 51A-4.701(a)(1) is not required.
(4) Preparing a CD ordinance.
(A) Within 30 days after a CD application is deemed complete, the director shall begin scheduling neighborhood meetings. Neighborhood meetings shall be held as necessary to receive input from property owners regarding the content of the CD ordinance.
(B) The city shall prepare a CD ordinance that includes:
(i) a map showing the boundaries of the area, including any subdistricts, that the director determined eligible for a CD;
(ii) maps and other graphic and written materials describing the physical attributes of the proposed CD; and
(iii) regulations for development and architectural standards.
(C) The CD ordinance must include the following:
(i) Development standards.
(aa) accessory structures.
(bb) building and structure height;
(cc) density;
(dd) fences and walls;
(ee) floor area ratio;
(ff) lot coverage;
(gg) lot size;
(hh) off-street parking and loading requirements;
(ii) permitted uses;
(jj) setbacks; and
(kk) stories.
(ii) Architectural standards.
(aa) architectural styles;
(bb) building elevations;
(cc) building materials;
(dd) chimneys;
(ee) porch styles;
(ff) roof form or pitch;
(gg) roofing materials; and
(hh) windows.
(D) The CD ordinance may also include, but is not limited to, the following development and architectural standards:
(i) building relocation;
(ii) building width;
(iii) demolition;
(iv) driveways, curbs, and sidewalks;
(v) foundations;
(vi) garage location and entrance;
(vii) impervious surfaces;
(viii) landscaping or other natural features;
(ix) massing;
(x) paint colors;
(xi) solar energy systems and the components;
(xii) steps; or
(xiii) window and dormer size and location.
(E) At least 30 days before the city plan commission public hearing to consider the proposed CD ordinance, the director shall conduct a neighborhood meeting to review the proposed CD ordinance.
(F) Notice of the neighborhood meeting shall be given at least 10 days before the neighborhood meeting to all property owners within the boundaries of the proposed CD as evidenced by the last certified municipal tax roll. The notice must include a web address where an electronic copy of the draft CD ordinance may be found.
(G) After the neighborhood meeting and at least 10 days before consideration by the city plan commission, the director shall send written notice of the city plan commission public hearing and a reply form to all property owners within the area of notification as evidenced by the last certified municipal tax roll. The reply form allows the recipient to indicate support or opposition to the proposed CD and give written comments. The director shall report to the city plan commission the percentage of replies in favor and in opposition, and summarize any comments.
(H) If city plan commission recommends approval of the proposed CD, at least 10 days before consideration by the city council, the director shall send written notice of the city council public hearing and a reply form to all property owners within the area of notification as evidenced by the last certified municipal tax roll. The reply form allows the recipient to indicate support or opposition to the proposed CD and give written comments. The director shall report to the city council the percentage of replies in favor and in opposition, and summarize any comments.
(e) Expanding an established CD.
(1) In general. Before a neighborhood committee or, if the area proposed to be added is one lot, an applicant may request petitions or apply to expand an established CD, a neighborhood committee or applicant must request a determination of eligibility for the proposed area to be added and the director must determine that the area is eligible. A request for determination of eligibility is not an application to amend an established CD.
(2) Determination of eligibility.
(A) A neighborhood committee or, if the area proposed to be added is one lot, an applicant must submit a request for determination of eligibility on a form furnished by the department. The request for determination of eligibility must include:
(i) The names and addresses of the neighborhood committee members or applicant.
(ii) If applicable, the name and address of the neighborhood committee member designated to receive notice and information from the director.
(iii) A map of the request area to be added that is compact and contiguous with the established CD.
(iv) A written statement explaining how the neighborhood committee or the applicant selected the request area. For example, the proposed area is part of the original subdivision but was not included when the CD was established.
(v) A list of the architectural styles of each main building in the area of request and the year that each main building was constructed.
(vi) A written statement describing the physical attributes of the area, including the architectural styles, period of significance, and method of construction and how these physical attributes, including the architectural styles, are similar to and compatible with the established CD.
(vii) A written statement describing how the proposed area meets all of the eligibility requirements in Section 51A-4.505(d)(1)(C) except that the area proposed is not required to be at least one blockface.
(viii) Any other information that the director deems necessary.
(B) Within 65 days after a complete request for determination of eligibility is submitted, the director shall make a determination of eligibility. An area is not eligible to be added to an established CD unless:
(i) the area satisfies all of the criteria in Section 51A-4.505(d)(1)(C), except that the area to be added is not required to be at least one blockface, and
(ii) the area to be added is similar to and compatible with the physical attributes of the established CD.
(C) If the director determines that the proposed area is eligible to be added to an established CD, the director shall notify the designated neighborhood committee member or applicant in writing. Notice is given by depositing the notice properly addressed and postage paid, return receipt requested, in the United States mail. The director's determination that an area is eligible for a CD may not be appealed.
(D) After the director determines an area is eligible to be added to an established CD, the boundaries may only be changed by city council at a public hearing to consider expanding an established CD or by a request for a new determination of eligibility after the original determination of eligibility expires. A request for a new determination of eligibility with different boundaries must be made before a neighborhood committee or applicant may request petitions or apply to expand an established CD.
(E) If the director determines that the area is not eligible to be added to an established CD, the director shall notify the designated neighborhood committee member or applicant in writing why the area is not eligible. Notice is given by depositing the notice properly addressed and postage paid, return receipt requested, in the United States mail.
(F) The director's determination that an area is not eligible to be added to a CD may be appealed to the city plan commission by the neighborhood committee or applicant.
(G) An appeal of a determination that an area is not eligible for a CD is made by filing a written notice of appeal with the director. The notice of appeal must be filed within 30 days after the director provides written notice to the designated neighborhood committee member or applicant. The sole issue on appeal is whether the director erred in the determination of eligibility. The city plan commission shall consider the same criteria that the director is required to consider.
(H) The city plan commission's determination of eligibility on appeal is final. If the city plan commission determines that the area is not eligible for a CD, no further requests for determination of eligibility may be considered for the area of request for two years from the date of its decision. A property owner within the area of request may apply for a waiver of the two-year limitation period pursuant to Section 51A-4.701(d)(3).
(3) Request for petitions.
(A) After an area is determined eligible to be added into an established CD and before a neighborhood committee or applicant may apply to expand an established CD, a neighborhood committee or applicant must request petitions. A request for petitions is not an application to amend an established CD.
(B) A neighborhood committee or applicant must submit a request for petitions within 65 days after the director determines that the area is eligible to be added to an established CD or the determination of eligibility for that proposed area to be added expires. If the determination of eligibility expires, a neighborhood committee or applicant must submit a new request for determination of eligibility and the director must determine that the area is eligible before a request for petitions may be submitted.
(C) The request for petitions must be on a form furnished by the department and must include the names and addresses of the neighborhood committee members or the applicant and a list of the development and architectural standards listed in Sections 51A-4.505(d)(4)(C) and (D) that a neighborhood committee or applicant is interested in regulating.
(D) Within 14 days after a complete request for petitions is submitted, the director shall provide the designated neighborhood committee member or applicant with the original petition forms.
(E) The original petition forms must include a map showing the boundaries of the established CD and the area eligible to be added to the established CD; a list of the development and architectural standards a CD may regulate; the development and architectural standards the neighborhood or applicant is interested in regulating; the name and address of all property owners within the area proposed to be added to an established CD; the deadline for the required signatures; and a statement that by signing the petition, the property owner is indicating support for initiating a process that may result in a change of zoning.
(F) Once the original petition forms are provided to the designated neighborhood committee member or applicant, additions to the development and architectural standards established by the neighborhood and listed on the original petition forms may only be recommended by city plan commission and approved by the city council.
(G) Within 60 days after the department provides the designated neighborhood committee member or applicant with the original petition forms, the department shall schedule a neighborhood meeting. Notice of the neighborhood meeting shall be given at least 10 days before the neighborhood meeting to all property owners within the proposed area to be added and the established CD as evidenced by the last certified municipal tax roll.
(H) The neighborhood meeting is held by the department. The purpose of the neighborhood meeting is to inform the property owners within the established CD, and the proposed area to be added, that petitions have been requested to expand the established CD.
(4) Application to expand an established CD.
(A) After an area is determined eligible to be added to an established CD and the neighborhood committee or applicant has requested and received the original petition forms, the neighborhood committee or applicant may submit an application to expand an established CD.
(B) The application must be on a form provided by the department and must include:
(i) The original petition forms with dated signatures of property owners within the proposed area to be added into the established CD that are in support of being added to the established CD.
(ii) The signatures on the original petition forms must be dated within 60 days after the date the director provides the original petition forms to the neighborhood committee or applicant and must represent at least 58 percent of the land, excluding streets and alleys, within the proposed area to be added to the CD; or 58 percent of the lots within the area proposed to be added to the CD.
(iii) The application fee, if applicable. If the proposed expansion of the established CD is authorized pursuant to Section 51A-4.701(a)(1), the application fee is waived.
(iv) Any other information that the director deems necessary.
(C) Within 30 days after an application to expand an established CD is submitted, the director shall verify the original petition forms and determine if the application is complete. The 30 day application review period is not counted toward the signature date requirement in Section 51A-4.505(e)(4)(B)(ii).
(D) If the director deems the application complete or the request to expand the established CD is authorized pursuant to Section 51A-4.701(a)(1), a public hearing to expand an established CD is initiated.
(E) If the director deems the application incomplete, the director shall notify the designated neighborhood committee member in writing of the deficiencies and return the incomplete application. Notice is given by depositing the notice properly addressed and postage paid, return receipt requested, in the United States mail.
(5) Preparing an ordinance to expand an established CD.
(A) The city shall prepare amendments to the established CD in accordance with Sections 51A-4.505(d)(4)(B) through (D) to establish development and architectural standards for the area to be added.
(B) At least 10 days before consideration by the city plan commission, the director shall send written notice of the city plan commission public hearing and a reply form to all property owners within the area of notification as evidenced by recent tax rolls. The reply form allows the recipient to indicate support or opposition to the proposed expansion of the established CD and give written comments. The director shall report to the city plan commission the percentage of replies in favor and in opposition, and summarize any comments.
(C) At least 10 days before consideration by the city council, the director shall send written notice of the city council public hearing and a reply form to all property owners within the area of notification as evidenced by recent tax rolls. The reply form allows the recipient to indicate support or opposition to the proposed expansion of the established CD and give written comments. The director shall report to the city council the percentage of replies in favor and in opposition, and summarize any comments.
(f) Amending regulations in an established CD.
(1) Pre-application meetings.
(A) To amend regulations that affect an entire established CD, a neighborhood committee must first request pre-application meetings. A request for pre-application meetings is not an application for a CD.
(B) Pre-application meetings are held by the department. Pre-application meetings are intended to inform the property owners within the established CD that a neighborhood committee is interested in amending regulations in the established CD and to discuss and establish a list of development and architectural standards the neighborhood is interested in amending or adding to the established CD.
(C) Within 60 days after a complete request for pre-application meetings is submitted, the director shall schedule the first of at least two pre-application meetings. Notice of each pre-application meeting shall be given at least 10 days before the pre-application meeting to all property owners within the established CD as evidenced by the last certified municipal tax roll.
(D) Within 14 days after the last pre-application meeting, the department shall provide the designated neighborhood committee member with the original petition forms.
(E) The original petition forms must include a map showing the boundaries of the established CD; a list of the development and architectural standards a CD may regulate; the development and architectural standards established at the pre-application meetings that the neighborhood is interested in amending or adding; the name and address of all property owners within the established CD; the deadline for the required signatures; and a statement that by signing the petition, the property owner is indicating support for initiating a process that may result in a change of zoning.
(F) Once the original petition forms are provided to the designated neighborhood committee member, additions to the development and architectural standards established by the neighborhood and listed on the original petition forms may only be recommended by the city plan commission and approved by the city council.
(2) Application to amend an established CD.
(A) After the pre-application meetings have been held by the department, a neighborhood committee may submit an application to amend an established CD that affects the entire CD.
(B) The application must be on a form provided by the department and must include:
(i) The original petition forms submitted with the dated signatures of property owners within the established CD in support of amending the established CD that represent at least 58 percent of the land, excluding streets and alleys, within the established CD or 58 percent of the lots within the established CD.
(aa) For an established CD with 200 or fewer lots, the signatures on the original petition forms must be dated within 12 months following the date the original petition forms are provided to the designated neighborhood committee member.
(bb) For an established CD with 201 to 500 lots, the signatures on the original petition forms must be dated within 15 months following the date the original petition forms are provided to the designated neighborhood committee member.
(cc) For an established CD with more than 500 lots, the signatures on the original petition forms must be dated within 18 months following the date the original petition forms are provided to the designated neighborhood committee member.
(ii) The application fee, if applicable.
(aa) If the original petition forms are signed by 75 percent or more of the lots within the established CD boundaries, the application fee is waived.
(bb) If the established CD is authorized pursuant to Section 51A-4.701(a)(1), the application fee is waived.
(iii) Any other information that the director deems necessary.
(C) Within 30 days after an application to amend an established CD is submitted, the director shall verify the original petition forms and determine if the application is complete. The time the director takes to review an application for completeness is not counted toward the date requirements in Section 51A-4.505(d)(3)(B)(i) for signatures in support of the proposed CD.
(D) If the application is deemed complete or an amendment to the established CD is authorized pursuant to Section 51A-4.701(a)(1), a public hearing to create a CD is initiated.
(E) If the director deems the application incomplete, the director shall notify the designated neighborhood committee member in writing of the application deficiencies and return the incomplete application. Notice is given by depositing the notice properly addressed and postage paid, return receipt requested, in the United States mail.
(F) For purposes of Section 51A-4.701, "Zoning Amendments," once an application to amend regulations in an established CD has been deemed complete, the application shall be treated as a city plan commission authorized public hearing and may not be appealed to city council if the city plan commission recommends denial. If the application to amend regulations in an established CD is initiated by application, the notice of authorization in Section 51A-4.701(a)(1) is not required.
(3) Preparing an ordinance to amend an established CD.
(A) Within 30 days after an application to amend an established CD is deemed complete, the director shall begin scheduling neighborhood meetings. Neighborhood meetings shall be held as necessary to receive input from property owners regarding the amendments to the established CD. Notice of neighborhood meetings shall be given at least 10 days before the neighborhood meeting to all property owners within the boundaries of the established CD as evidenced by the last certified municipal tax roll.
(B) The city shall prepare an ordinance amending an established CD in accordance with Sections 51A-4.505(d)(4) (B) through (D).
(C) At least 30 days before the city plan commission public hearing to consider proposed amendments to an established CD, the director shall conduct a neighborhood meeting to review the proposed ordinance amending the established CD.
(D) Notice of the neighborhood meeting shall be given at least 10 days before the neighborhood meeting to all property owners within the boundaries of the established CD as evidenced by the last certified municipal tax roll. The notice must include a web address where an electronic copy of the draft proposed ordinance amending the established CD may be found.
(E) After the neighborhood meeting and at least 10 days before consideration by the city plan commission, the director shall send written notice of the city plan commission public hearing and a reply form to all property owners within the area of notification as evidenced by the last certified municipal tax roll. The reply form allows the recipient to indicate support or opposition to the proposed CD and give written comments. The director shall report to the city plan commission the percentage of replies in favor and in opposition, and summarize any comments.
(F) If city plan commission recommends approval of the proposed CD, at least 10 days before consideration by the city council, the director shall send written notice of the city council public hearing and a reply form to all property owners within the area of notification. The reply form allows the recipient to indicate support or opposition to the proposed CD and give written comments. The director shall report to the city council the percentage of replies in favor and in opposition, and summarize any comments.
(g) Creating or amending a subdistrict within an established CD.
(1) An application to create or amend a subdistrict within an established CD must comply with Section 51A-4.701(a)(2).
(2) At least 30 days before a city plan commission public hearing to consider creating or amending a subdistrict within an established CD, the director shall hold a neighborhood meeting.
(3) Notice of the neighborhood meeting shall be given at least 10 days before the neighborhood meeting to all property owners within the established CD as evidenced by the last certified municipal tax roll.
(4) The purpose of the neighborhood meeting is to inform the property owners within the established CD of the application to create or amend a subdistrict within an established CD.
(5) The city shall prepare an ordinance creating or amending a subdistrict within an established CD in accordance with Sections 51A-4.505(d)(4)(B) through (D).
(6) The city council shall not grant a request to create or amend a subdistrict within an established CD except upon a finding that the creating or amending a subdistrict within the established CD will not:
(A) alter the essential character of the established CD, or
(B) be detrimental to the overall purpose of the established CD.
(h) Removing property from an established CD.
(1) An application to remove property from an established CD must comply with Section 51A-4.701(a)(2).
(2) At least 30 days before a city plan commission public hearing to consider removing property from an established CD, the director shall hold a neighborhood meeting.
(3) Notice of the neighborhood meeting shall be given at least 10 days before the neighborhood meeting to all property owners within the established CD as evidenced by the last certified municipal tax roll.
(4) The purpose of the neighborhood meeting is to inform the property owners within the established CD of the application to remove a property from an established CD.
(5) The city council shall not grant a request to remove property from an established CD except upon a finding that removing property from the established CD will not:
(A) alter the essential character of the established CD, or
(B) be detrimental to the overall purpose of the established CD.
(i) Work review procedures.
(1) Review form applications. A review form application must be submitted for any work covered by the standards in a CD ordinance.
(2) Work requiring a building permit.
(A) Upon receipt of a review form application for work requiring a building permit, the building official shall refer the review form application to the director to determine whether the work complies with the standards of the applicable CD ordinance. Within 30 days after submission of a complete review form application, the director shall review and determine whether the work complies with the standards of the applicable CD ordinance.
(B) If the director determines that the work complies with the standards of the applicable CD ordinance, the director shall approve the review form application and send it back to the building official, who shall issue the building permit if all requirements of the construction codes and other applicable ordinances have been met.
(C) If the director determines that the work does not comply with the standards of the applicable CD ordinance, the director shall state in writing the specific CD ordinance requirements that must be met before a building permit may be issued and send it back to the building official, who shall deny the building permit. The director shall give written notice to the applicant stating the reasons the building permit is denied.
(3) Work not requiring a building permit.
(A) Upon receipt of a review form application for work not requiring a building permit, the director shall review and determine whether the work complies with the standards of the applicable CD ordinance within 10 days after submission of a complete review form application.
(B) If the director determines that the work complies with the standards of the applicable CD ordinance, the director shall approve the review form application and give written notice to the applicant.
(C) If the director determines that the work does not comply with the standards of the applicable CD ordinance, the director shall state in writing the specific CD ordinance requirements to be met before the work review application may be approved. The director shall give written notice to the applicant stating the reasons for denial.
(j) Appeals.
(1) An applicant may appeal any decision regarding a review form application made by the director or any aggrieved person may appeal a final decision of an administrative official, to the board of adjustment by filing a written appeal within 15 days after notice of the decision is given by the director or the official in accordance with Section 51A-4.703(a).
(2) The regulations and procedures in Section 51A-4.703 apply to an appeal to the board of adjustment under this section, including staying proceedings, notice of hearing, and board action.
(3) In considering the appeal, the sole issue before the board of adjustment shall be whether the director or the administrative official erred in the decision. The board shall consider the same standards required to be considered by the director or the administrative official.
(4) Appeals to the board of adjustment are the final administrative remedy.
(k) Conflicts. If there is a conflict between the text of this section and the text of a CD ordinance, the text of the CD ordinance controls.
(l) Board of adjustment fee waiver. The board of adjustment may waive any filing fee for an appeal from a decision of the building official interpreting a CD ordinance, or for a variance or special exception to a CD ordinance requirement when the board finds that payment of the fee would result in substantial financial hardship to the applicant. The applicant may either pay the fee and request reimbursement as part of his appeal or request that the matter be placed on the board's miscellaneous docket for predetermination. If the matter is placed on the miscellaneous docket, the applicant may not file his appeal until the merits of the request for waiver have been determined by the board. (Ord. Nos. 19455; 19930; 20037; 20308; 24843; 29702)
(a) Definitions. In this section:
DELTA THEORY means “delta theory” as defined in Section 51A-4.704 of this chapter.
(b) General provisions.
(1) The city council may establish a modified delta overlay district in those areas where it determines that a continued application of the delta theory is not justified because:
(A) there is no longer a need to encourage redevelopment and adaptive reuse of existing structures; or
(B) a continued application of the delta theory will create traffic congestion and public safety problems and would not be in the public interest.
(2) In a modified delta overlay district, the city council may limit the number or percentage of nonconforming parking or loading spaces that may be carried forward by a use under the delta theory. An ordinance establishing a modified delta overlay district in which nonconforming parking or loading spaces are limited by number rather than by percentage must specify the method by which the nonconforming spaces are to be allocated among property owners.
(3) An ordinance establishing a modified delta overlay district may not increase the number of nonconforming parking or loading spaces that may be carried forward under the delta theory when a use is converted or expanded.
(4) An ordinance establishing a modified delta overlay district must provide that when a use located in the district is converted to a new use having lesser parking or loading requirements, the rights to any portion of the nonconforming parking or loading not needed to meet the new requirements are lost.
(5) An ordinance establishing a modified delta overlay district may restrict or eliminate the availability of the off-street parking special exception described in Section 51A-4.301(i).
(6) An ordinance establishing a modified delta overlay district may allow the remote parking distances contained in the special parking regulations (Division 51A-4.320) to be increased and allow special parking to account for more than 50 percent of the off-street parking required for any use. (Ord. Nos. 19786; 22471)
(a) Findings and purpose.
(1) The city council finds that the construction of new single family structures that are incompatible with existing single family structures within certain established neighborhoods is detrimental to the character, stability, and livability of that neighborhood and the city as a whole.
(2) The neighborhood stabilization overlay is intended to preserve single family neighborhoods by imposing neighborhood-specific yard, lot, and space regulations that reflect the existing character of the neighborhood. The neighborhood stabilization overlay does not prevent construction of new single family structures or the renovation, remodeling, repair or expansion of existing single family structures, but, rather, ensures that new single family structures are compatible with existing single family structures.
(3) The yard, lot, and space regulations of the neighborhood stabilization overlay are limited to facilitate creation and enforcement of the regulations.
(4) Neighborhood stabilization overlay districts are distinguished from historic overlay districts, which preserve historic residential or commercial places; and from conservation districts, which conserve a residential or commercial area’s distinctive atmosphere or character by protecting or enhancing its significant architectural or cultural attributes.
(b) Definitions. In this section:
(1) BLOCKFACE means the linear distance of lots along one side of a street between the two nearest intersecting streets. If a street dead-ends, the terminus of the dead-end will be treated as an intersecting street.
(2) CORNER SIDE YARD is a side yard abutting a street.
(3) DISTRICT means a neighborhood stabilization overlay district.
(4) HEIGHT PLANE means a plane projecting upward and toward the subject lot from a point six feet above grade at the center line of the street adjacent to the front property line, and extending to the intersection of a vertical plane from the front building facade with the maximum height established by the neighborhood stabilization overlay and continuing at the same angle to the maximum height of the underlying zoning. The height plane is illustrated below. For purposes of this paragraph, BUILDING FACADE means the front-facing exterior wall or walls of the first floor of the principal structure on a lot, and excludes the building facade of the portion of the principal structure designed or used as a parking structure or a projecting porch. For purposes of interpreting the vertical plane in the neighborhood stabilization overlay districts adopted prior to December 13, 2023, the term "building line" means "building facade."
(5) INTERIOR SIDE YARD is a side yard not abutting a street.
(6) MEDIAN means the middle number in a set of numbers where one-half of the numbers are less than the median number and one-half of the numbers are greater than the median number. For example, 4 is the median number of 1, 3, 4, 8, and 9. If the set of numbers has an even number of numbers, then the median is the average of the two middle numbers. For example, if the set of numbers is 1, 3, 4, 6, 8, and 9, then the median is the average of 4 and 6, or 5.
(7) NEIGHBORHOOD COMMITTEE means the owners of at least 10 properties within a proposed district.
(8) SINGLE FAMILY STRUCTURE means a main structure designed for a single family use, without regard to whether the structure is actually used for a single family use. For example, a house containing a child care facility is a single family structure, but an institutional building, such as a church or school, converted to a single family use is not.
(c) Petition, initiation, and process.
(1) Except as provided in this subsection, the procedures for zoning amendments contained in Section 51A-4.701, “Zoning Amendments,” apply.
(2) A neighborhood stabilization overlay may only be placed on an area that is zoned as a single family residential district and developed primarily with single family structures. A neighborhood stabilization overlay may not be placed on a conservation district or a neighborhood with a historic overlay. A neighborhood stabilization overlay may be placed on an established neighborhood even though it contains vacant lots. A neighborhood stabilization overlay may not be placed on a new subdivision being developed on a tract of land.
(3) A district must contain at least 50 single family structures in a compact, contiguous area, or be an original subdivision if the subdivision contains fewer than 50 single family structures. Boundary lines should be drawn to include blockfaces on both sides of a street, and to the logical edges of the area or subdivision, as indicated by a creek, street, subdivision line, utility easement, zoning boundary line, or other boundary. Boundary lines that split blockfaces in two should be avoided. The minimum area of a subdistrict within a district is one blockface.
(4) The neighborhood committee may request a petition form by submitting a request to the department on a form furnished by the department. The request must include the boundaries of the proposed district. The boundaries of the proposed district must comply with the requirements of this section.
(5) As soon as possible after the department provides the neighborhood committee with a petition form, the department shall conduct a neighborhood meeting. The department shall give notice of the neighborhood meeting to all property owners within the proposed district as evidenced by the last approved city tax roll at least 10 days prior to the neighborhood meeting.
(6) The petition must be on a form furnished by the department. The petition form must include a map of the boundaries of the proposed district, a list of the proposed regulations, the name and address of all property owners within the proposed district, and a statement that by signing the petition the signers are indicating their support of the district.
(7) The petition must be submitted with the following:
(A) The dated signatures of property owners within the proposed district in support of the proposed district.
(i) For a proposed district with 50 or fewer single family structures, the signatures on the petition must be dated within three months following the date of the neighborhood meeting.
(ii) For a proposed district with more than 50 single family structures, the signatures on the petition must be dated within six months following the date of the neighborhood meeting.
(B) The application fee, if applicable.
(i) If a petition is signed by more than 50 percent but less than 75 percent of the lots within the proposed district, the application fee must be paid.
(ii) If a petition is signed by 75 percent or more of the lots within the proposed district, the application fee is waived.
(iii) If the proposed district is authorized pursuant to Section 51A-4.701(a)(1), the application fee is waived.
(C) A map showing the boundaries of the proposed district.
(D) A list of any neighborhood associations that represent the interests of property owners within the proposed district.
(E) A list of the names and addresses of the neighborhood committee members.
(F) Any other information the director determines is necessary.
(8) A public hearing to create a district is initiated by submission of a complete petition or by authorization pursuant to Section 51A-4.701(a)(1).
(9) For purposes of Section 51A-4.701, “Zoning Amendments,” once a complete petition has been submitted to the director, the neighborhood stabilization overlay shall be treated as a city plan commission authorized public hearing. If the district is initiated by petition, the notice of authorization contained in Section 51A-4.701(a)(1) is not required.
(10) Along with any other required notice, at least 10 days prior to consideration by the city plan commission, the director shall mail a draft of the proposed neighborhood stabilization overlay ordinance and a reply form to all owners of real property within the area of notification. The reply form must allow the recipient to indicate support or opposition to the proposed neighborhood stabilization overlay and give written comments. The director shall report to the city plan commission and the city council the percentage of replies in favor and in opposition, and summarize any comments.
(e) Neighborhood stabilization overlay.
(1) In general.
(A) A neighborhood stabilization overlay is not required to specify standards for each category of yard, lot, and space regulation in this subsection, but if it does, the regulations must be selected from the options described in this subsection.
(B) The yard, lot, and space regulations of the neighborhood stabilization overlay must reflect the existing conditions within the neighborhood.
(C) Except as provided in the neighborhood stabilization overlay, the yard, lot, and space regulations of the underlying zoning remain in effect.
(D) The provisions of Section 51A-4.704(c), regarding renovation, remodeling, repair, rebuilding, or enlargement of nonconforming structures, remain in effect.
(E) The yard, lot, and space regulations of the neighborhood stabilization overlay apply only to single family structures.
(F) The yard, lot, and space regulations of the neighborhood stabilization overlay must be read together with the yard, lot, and space regulations in Division 51A-4.400. In the event of a conflict between the neighborhood stabilization overlay and Division 51A-4.400, the neighborhood stabilization overlay controls.
(2) Front yard setback. The minimum front yard setback must be within the range between the setback of the underlying zoning and the median front yard setback of single family structures within the district. This range may allow for a front yard setback that is greater or lesser than the front yard setback of the underlying zoning. For example, if the minimum front yard setback of the underlying zoning is 25 feet and the median front yard setback of single family structures within the district is 40 feet, the minimum front yard setback selected must be between 25 feet and 40 feet.
(3) Corner side yard setback. The minimum corner side yard setback must be within the range between the setback of the underlying zoning and the median corner side yard setback of single family structures within the district. This range may allow for a corner side yard setback that is greater or lesser than the corner side yard setback of the underlying zoning. For example, if the minimum corner side yard setback of the underlying zoning is five feet and the median corner side yard setback of single family structures within the district is 20 feet, the minimum corner side yard setback selected must be between five feet and 20 feet.
(4) Interior side yard setback. The minimum interior side yard setback must be within the range between the setback of the underlying zoning and the median interior side yard setback of single family structures within the district. This range may allow for an interior side yard setback that is greater or lesser than the interior side yard setback of the underlying zoning. For example, if the minimum interior side yard setback of the underlying zoning is five feet and the median interior side yard setback of single family structures within the district is 20 feet, the minimum interior side yard setback selected must be between five feet and 20 feet. The minimum side yard setback for each side yard may be separately established. For example, the minimum side yard on the west side may be five feet, and the minimum side yard on the east side may be 10 feet.
(5) Height.
(A) If the petition is signed by the owners of more than 50 percent but less than 60 percent of the lots within the district, height regulations may not be included in the overlay.
(B) If the petition is signed by the owners of 60 percent or more of the properties within the district, the maximum height selected must be selected from the following:
(i) If the median height of single family structures within the district is 20 feet or more, then the district height must be within the range between the median height of single family structures within the district and the maximum height of the underlying zoning.
(ii) If the median height of single family structures within the district is less than 20 feet, then the district height must be either the median height of single family structures within the district or within the range between 20 feet and the maximum height of the underlying zoning.
(C) If the district regulates height, single family structures, including structures listed in Section 51A-4.408(a)(2) but excluding chimneys, may not be built to heights that exceed the height plane. Height is measured from grade to the midpoint between the lowest eaves and the highest ridge of the structure. See Paragraph 51A-2.102(47), “Height.”
(6) Garage access, connection, location. The garage access, connection, or location must be selected from one or more of the following options:
(A) garage access of:
(i) front entry;
(ii) side entry; or
(iii) rear entry;
(B) garage connection of:
(i) attached to the single family structure; or
(ii) detached from the single family structure; and
(C) garage location:
(i) in front of the single family structure;
(ii) to the side of the single family structure; or
(iii) to the rear of the single family structure. (Ord. Nos. 26161; 32624)
(a) The Turtle Creek Environmental Corridor (“the corridor”) consists of the following area:
Beginning at the intersection of the west line of Turtle Creek Boulevard and the south line of Wycliff Avenue; thence in a westerly direction along said south line of Wycliff Avenue to a point in a line, said line being 75 feet west of and parallel to the west line of Turtle Creek Boulevard;
Thence in a southerly direction along said line, crossing Avondale Street, Irving Avenue, Blackburn Street, Gilbert Avenue and Holland Avenue, to a point in the southwest line of Lemmon Avenue, said point being 75 feet northwest of the northwest line of Turtle Creek Boulevard;
Thence in a northwesterly direction along the southwest line of Lemmon Avenue to a point in a line, said line being 25 feet northwest of and parallel to the northwest line of Hood Street;
Thence in a southwesterly direction along said line, crossing Rawlins Street and Hall Street, to a point in a line, said line being 25 feet southwest of and parallel to the southwest line of Hall Street;
Thence in a southeasterly direction along said line, crossing Hood Street and Sale Street, to a point in a line, said line being 75 feet northwest of and parallel to the northwest line of Turtle Creek Boulevard;
Thence in a southwesterly direction along said line, crossing Cedar Springs Road (when Cedar Springs is positioned in a northwest-southeast direction) and continuing along a line 75 feet northwest of and parallel to the northwest line of Cedar Springs Road (when Cedar Springs is positioned in a northeast-southwest direction), crossing Dickason Avenue and Gillespie Avenue to a point in the southwest line of Gillespie Avenue, said point being 75 feet northwest of the intersection of the southwest line of Gillespie Avenue and the northwest line of Turtle Creek Drive;
Thence in a southwesterly direction from said point along a line 75 feet northwest of and parallel to the northwest line of Turtle Creek Drive, crossing Fairmount Avenue, to a point in a line, said line being 25 feet northeast of and parallel to the northeast line of Maple Avenue;
Thence in a northwesterly direction along said line to a point in the southeast line of Hood Street;
Thence in a southwesterly direction along the southeast line of Hood Street extended to the centerline of Maple Avenue;
Thence in a southeasterly direction along the centerline of Maple Avenue to a point in the northwest right-of-way line of the M.K.&T. Railroad;
Thence in a northeasterly direction along said railroad right-of-way line, crossing Fairmount Avenue, Cedar Springs Road, Bowen Street, Hall Street, Lemmon Avenue, Lemmon Avenue East, and Blackburn Street to a point in the northeast line of Blackburn Street;
Thence in a northwesterly direction along the northeast line of Blackburn Street to a point in a line, said line being 75 feet southeast of and parallel to the centerline of Turtle Creek;
Thence in an easterly and northerly direction along said line to a point in the Dallas/Highland Park City Limit Line;
Thence in a westerly and northerly direction along said city limit line to the place of beginning.
(b) No off-street vehicular surface parking shall be constructed closer than 50 feet from the right-of-way line of Turtle Creek Boulevard, Turtle Creek Drive, and Cedar Springs Road (when Cedar Springs Road is positioned in a northeast-southwest direction), or closer than 50 feet from the centerline of Turtle Creek. No building permit for any proposed subsurface parking facility shall be issued by the Building Inspector unless a surface landscape plan for such lot or tract has been approved by the Park and Recreation Board of the City.
(c) Except as provided in Subsections (d), (e), and (f) of this Section, no structure shall be constructed closer to the right-of-way lines of Turtle Creek Boulevard, Turtle Creek Drive, and Cedar Springs Road (when Cedar Springs Road is positioned in a northeast-southwest direction), than as specified below:
Stories | Height (feet) | Setback (feet)
|
Stories | Height (feet) | Setback (feet)
|
1 | 12 | 25 |
2 | 24 | 36 |
3 | 36 | 44 |
4 | 48 | 50 |
5 | 60 | 55 |
6 | 72 | 59 |
7 | 84 | 62 |
8 | 96 | 65 |
9 | 108 | 67 |
10 | 120 | 68 |
11 | 132 | 69 |
12 | 144 | 70 |
13 | 156 | 71 |
14 | 168 | 72 |
15 | 180 | 72 |
16 | 192 | 73 |
17 | 204 | 73 |
18 | 216 | 74 |
19 | 228 | 74 |
20 | 240 | 75 |
For those properties lying between the M.K.&T. Railroad right-of-way and Turtle Creek, such setback shall be measured from the centerline of Turtle Creek.
(d) At the intersections of Turtle Creek Boulevard with Blackburn Street, with Lemmon Avenue, with Hall Street, and with Cedar Springs Road, and the intersection of Turtle Creek Drive with Gillespie Street, no structure shall be constructed closer to such intersection than an imaginary line formed between points on each curb line 100 feet from such intersection.
(e) On those lots or tracts which face Lee Park or Reverchon Park across a public right-of-way, no structure or surface parking shall be constructed closer to the front property line than 25 feet.
(f) The minimum setback for any building or other structure may be decreased by transfer to such lot of an allowable setback which is unused upon a contiguous lot which is located within the corridor. Such transferred rights may be used at a ratio of two feet acquired for every one foot used. No transfer of additional setback shall be effective unless an instrument, in a form approved by the City Attorney, has been executed by the parties concerned and recorded in the Deed Records of Dallas County, Texas, serving as a notice of the restrictions under this section applying both to the contiguous lot and the transferee lot. Such document shall specify:
(1) the amount of setback to be transferred, the decreased minimum setback permitted on the transferee lot by virtue of the transfer, and the increased minimum setback on the contiguous lot;
(2) the duration of the transfer, which shall be specified to be not less than the actual lifetime of any building on the transferee lot whose construction is made possible, in whole or in part, by the transfer;
(3) the effect of any subsequent changes in the setback requirement under this section for both lots; and
(4) the effect of any subsequent change in the size of either lot, whether by virtue of conveyance, condemnation, or otherwise, upon the setback for both lots.
In no case shall the setback of the transferee lot be less than that minimum specified below:
Stories | Height (feet) | Minimum Setback (feet)
|
Stories | Height (feet) | Minimum Setback (feet)
|
1 | 12 | 25 |
2 | 24 | 27 |
3 | 36 | 29 |
4 | 48 | 32 |
5 | 60 | 35 |
6 | 72 | 38 |
7 | 84 | 41 |
8 | 96 | 44 |
9 | 108 | 47 |
10 | 120 | 50 |
11 | 132 | 53 |
12 | 144 | 56 |
13 | 156 | 58 |
14 | 168 | 60 |
15 | 180 | 62 |
16 | 192 | 64 |
17 | 204 | 66 |
18 | 216 | 68 |
19 | 228 | 70 |
20 | 240 | 75 |
(g) Any property owner within the corridor may on his own initiative, offer to the city, subject to Park and Recreation Board approval, a dedication in fee simple or for park purposes any area of land fronting on any public street within the corridor as permanent open space. Upon dedication of such property, the Tax Assessor shall reassess the remaining area to reflect such dedication prior to the next assessment ordinance, and the city shall maintain such property so dedicated with normal landscape standards. The owner may, in lieu of such dedication, grant to the city a landscape easement on any area of land fronting on any public street in the corridor. The city shall, upon approval of a landscape plan for such easement by the Park and Recreation Board, to be carried out by the property owner, either maintain the same or arrange for its maintenance, and the Tax Assessor shall make such tax reassessments as the facts justify. Any property dedicated or granted for a landscape easement shall be considered in computing floor-area ratio, coverage, and density. (Ord. Nos. 26026; 26248)
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