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(a) Definitions. In this section:
(1) ACCESSORY DWELLING UNIT (ADU) means a rentable additional dwelling unit, subordinate to the main unit, located on a building site with a single family use.
(2) NEIGHBORHOOD COMMITTEE means the owners of at least 10 properties within a proposed overlay.
(b) 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) An accessory dwelling unit overlay may only be placed on an area that allows single family uses and does not expressly prohibit accessory dwelling units.
(3) An overlay 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.
(4) As soon as possible after the department provides the neighborhood committee with a petition form or city council authorizes a hearing, the department shall conduct a neighborhood meeting. The department shall give notice of the neighborhood meeting to all property owners within the proposed overlay as evidenced by the last approved city tax roll at least 10 days before the neighborhood meeting.
(5) 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 overlay. The boundaries of the proposed overlay must comply with the requirements of this section.
(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 overlay, a list of the proposed regulations (including a proposed off-street parking reduction), the name and address of all property owners within the proposed overlay, and a statement that by signing the petition the signers are indicating their support of the overlay.
(7) The petition must be submitted with the following:
(A) The dated signatures of property owners within the proposed overlay in support of the proposed overlay.
(i) For a proposed overlay 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 overlay 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 overlay, the application fee must be paid.
(ii) If a petition is signed by 75 percent or more of the lots within the proposed overlay, the application fee is waived.
(iii) If the proposed overlay is authorized pursuant to Section 51A-4.701(a)(1), the application fee is waived.
(C) A map showing the boundaries of the proposed overlay.
(D) A list of any neighborhood associations that represent the interests of property owners within the proposed overlay.
(E) A list of the names and addresses of the neighborhood committee members.
(F) Any other information the director determines is necessary.
(8) For purposes of Section 51A-4.701, "Zoning Amendments," once a complete petition has been submitted to the director, the accessory dwelling unit overlay shall be treated as a city plan commission authorized public hearing. If the overlay is initiated by petition, the notice of authorization contained in Section 51A-4.701(a)(1) is not required.
(9) Along with any other required notice, at least 10 days before consideration by the city plan commission, the director shall mail a draft of the proposed accessory dwelling unit 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 accessory dwelling unit 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.
(c) Accessory dwelling unit overlay.
(1) In general.
(A) The provisions of Section 51A-4.704(c), regarding renovation, remodeling, repair, rebuilding, or enlargement of nonconforming structures, remain in effect.
(B) An accessory dwelling unit may not be sold separately from the main building.
(C) For an accessory dwelling unit, the prohibition on advertisements in Section 51A-4.209(b)(6)(E)(vii)(bb) do not apply.
(E) If there is a conflict between this section and the single-family use regulations in Section 51A-4.209, this section controls.
(2) Yard, lot, and space regulations.
(A) In general. Except as provided in this subsection, the yard, lot, and space regulations of the underlying zoning remain in effect.
(B) Side and rear yard.
(i) If the structure containing the accessory dwelling unit is less than 15 feet in height and is located in the rear 30 percent of the lot, minimum side yard is three feet.
(ii) If the structure containing the accessory dwelling unit is less than 15 feet in height, minimum rear yard is three feet.
(iii) Structures 15 feet or more in height containing accessory dwelling units must comply with the side and rear yard setbacks of the base zoning.
(C) Floor area.
(i) Detached accessory dwelling unit.
(aa) Minimum floor area is 200 square feet.
(bb) Maximum floor area is the greater of 700 square feet or 25 percent of the main structure.
(ii) Attached accessory dwelling unit. Maximum floor area is the greater of 700 square feet or 25 percent of the main use.
(D) Height.
(i) General. Except as provided in this subparagraph, the maximum height of the structure containing the accessory dwelling unit cannot exceed the height of the main dwelling unit.
(ii) Accessory dwelling units located above detached garages. For accessory dwelling units located over detached garages, maximum height is the maximum height allowed in that zoning overlay.
(E) Location.
(i) An accessory dwelling unit may not be located in front of a main structure.
(ii) The board may grant a special exception to authorize the placement of an accessory dwelling unit in front of a structure when, in the opinion of the board, the accessory dwelling unit:
(aa) will not adversely affect neighboring properties;
(bb) will not be contrary to the public interest; and
(cc) denial of the special exception will unduly burden the property.
(F) Off-street parking.
(i) Except as provided in this paragraph, a minimum of one space is required.
(ii) Off-street parking is not required for an accessory dwelling unit located within 1,200 feet of a DART bus or transit stop.
(iii) Off-street parking may be reduced if 75 percent of the property owners within the proposed overlay sign the petition agreeing to the reduction.
(iv) City council may also reduce the off-street parking requirement if a reduction is recommended by the neighborhood steering committee during the authorized hearing process.
(G) Stories. Maximum number of stories for an accessory dwelling unit is one.
(3) Utility meters. A lot with an accessory dwelling unit may be supplied by not more than two electrical utility services, and metered by not more than two electrical meters.
(4) Owner occupancy.
(A) Except as provided in this paragraph, if one dwelling unit is used as rental accommodations, the property owner must reside in the main structure or the accessory dwelling unit during the tenancy.
(B) The owner may be absent for one year with director approval.
(5) Single family rental program. The rental unit must be registered in the city single family rental program. (Ord. 30931)
(a) Findings and purpose.
(1) The city council intends to provide a means of conserving and maintaining the existing urban forest within the boundaries of neighborhood forest overlays.
(2) The neighborhood forest overlay is provided for the purpose of promoting the health, safety, and the general welfare of present and future inhabitants of city neighborhoods through the managed conservation and protection of the trees in the community. It is intended to help promote or restore the character of established communities as recognized by its inhabitants; to stabilize and protect the air quality near homes; to conserve the city's tree canopy; to retain the living green infrastructure for reducing flood and stormwater effects; to protect property against depreciation; to encourage sustainable construction methods and design in redevelopment; and to assure the sustained stability of neighborhoods for the future.
(3) A neighborhood forest overlay is a neighborhood-driven process that extends the protections prescribed within Division 51A-10.130, "Urban Forest Conservation," to the properties within the overlay area that contain single-family and duplex uses in residential districts on lots smaller than two acres in size.
(b) Interpretations. Except as otherwise provided in this subsection, the regulations in Article X apply in neighborhood forest overlay districts. Sections 51A-10.135(c), 51A-10.135(d), 51A-10.135(e), and 51A-10.135(f) do not apply. If there is a conflict between this section and Article X, this section applies. If there is a conflict between a neighborhood forest overlay ordinance and Article X, the neighborhood forest overlay ordinance controls.
(c) Definitions. In this section:
(1) 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.
(2) NEIGHBORHOOD COMMITTEE means the owners of at least 10 properties within a proposed overlay.
(3) STRUCTURE PROXIMITY AREA means the five-foot area around a dwelling unit.
(4) TREE CONSERVATION AREA means the area of tree protection and the site subject to urban forest conservation regulations.
(d) 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 forest overlay may only be placed on an area:
(A) containing lots that are primarily smaller than two acres in size;
(B) developed primarily with single family or duplex structures; and
(C) that is zoned either:
(i) as a residential district; or
(ii) as a planned development district, conservation district, or form district (or portion thereof) that is restricted to single family or duplex uses.
(3) The boundary lines of a neighborhood forest overlay 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. An overlay:
(A) must contain at least 50 lots in a compact, contiguous area, or be an original subdivision if the subdivision contains fewer than 50 single family or duplex structures; or
(B) may contain less than 50 lots, but no less than 10 lots, if the lots are located alongside a primary natural area or if the lots maintain a current forest cover of mature large and medium trees, including significant trees, or trees established prior to the original subdivision.
(4) A neighborhood forest overlay may contain vacant lots and lots greater than two acres in size even though those lots will not be subject to the overlay regulations. Vacant lots within the boundaries of a neighborhood forest overlay, however, are not subject to the unrestricted zone exception in Section 51A-10.134(b).
(5) 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.
(6) 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 overlay as evidenced by the last approved city tax roll at least 10 days prior to the neighborhood meeting.
(7) The petition must be on a form furnished by the department. The petition form must include a map of the boundaries of the proposed overlay, 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 overlay.
(8) The petition must be submitted with the following:
(A) The dated signatures of property owners within the proposed overlay in support of the proposed overlay.
(i) For a proposed overlay with 50 or fewer single family or duplex structures, the signatures on the petition must be dated within three months following the date of the neighborhood meeting.
(ii) For a proposed overlay with more than 50 single family or duplex structures, the signatures on the petition must be dated within six months following the date of the neighborhood meeting.
(iii) If the proposed overlay is pursuant to Sections 51A-4.511(e)(2)(A)(i) or (ii), 60 percent of property owner signatures are required for staff to accept the petition.
(iv) If the proposed overlay is pursuant to Sections 51A-4.511(e)(2)(A)(iii) or (iv), 70 percent of property owner signatures are required for staff to accept the petition.
(B) The application fee, if applicable.
(i) If a petition is signed by property owners of fewer than 75 percent of the lots within the proposed district, the application fee must be paid.
(ii) If a petition is signed by property owners of 75 percent or more of the lots within the proposed district, the application fee is waived.
(iii) If the proposed overlay 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 the names and addresses of the neighborhood committee members.
(E) Any other information the director determines is necessary.
(9) A public hearing to create an overlay is initiated by submission of a complete petition or by authorization pursuant to Section 51A-4.701(a)(1).
(10) For purposes of Section 51A-4.701, "Zoning Amendments," once a complete petition has been submitted to the director, the neighborhood forest 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.
(11) 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 forest 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 forest 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.
(12) Upon passage of a neighborhood forest overlay ordinance, the director shall file a copy of the ordinance in the county deed records to give notice of the regulations. The director shall also file in the county deed records a verified written instrument listing each property by the street address, if available, the legal description of the real property, and the name of the owner, if available.
(e) Neighborhood forest overlay.
(1) In general.
(A) A neighborhood forest overlay establishes regulations that must be selected from the options described in this subsection.
(B) The regulations of the neighborhood forest overlay must reflect the existing forest conditions within the neighborhood.
(C) Except as provided in the neighbor hood forest overlay, all regulations of the underlying zoning remain in effect.
(2) Tree conservation area.
(A) The neighborhood committee will select their tree conservation area from the following options:
(i) Front yard setback.
(ii) Front yard to structure.
(iii) Front, side, and rear yard setbacks.
(iv) Entire lot.
(B) The conservation, establishment, and maintenance of trees in Section 51A-10.136(a) apply to trees within a tree conservation area.
(3) Additional options.
(A) Tree canopy cover goal option. To reduce tree replacement requirements, a portion of existing tree canopy coverage over a tree conservation area must be preserved.
(i) The tree canopy cover goal is determined by the neighborhood during the petition process. The minimum percentage is to be determined by the median of the tree canopy coverage in the tree conservation area on each lot within the proposed overlay.
(ii) Healthy large and medium trees preserved in the tree conservation area, including boundary trees, may be included in tree canopy cover calculations. Invasive trees and trees located within 20 feet on center of the nearest overhead public electric line are not included in the calculation.
(iii) Each large and medium nursery stock tree planted as landscaping may also qualify as 300 square feet of tree canopy cover. If the tree canopy cover goal is met, additional landscape trees are not required, except that one tree must be provided in the required front yard.
(iv) Boundary trees located on adjacent private property must be protected to the drip line according to the tree protection shown on the site assessment plan.
(v) The tree canopy cover for the tree conservation area on the lot may be measured by the property owner, and verified and approved by the building official.
(B) Minimum front yard tree option. Lots must maintain a minimum number of trees in the front yard, as designated by the neighborhood forest overlay ordinance. Replacement is not required in the case that a property falls below the minimum number of large or medium trees due to a reason enumerated in the defense to prosecution section of Section 51A-10.140(b).
(4) Structure proximity area. More than 50 percent of the tree trunk at grade must be within the structure proximity area to qualify for an exception from mitigation. An approved tree removal application is required prior to tree removal.
(5) Site assessment plan. Prior to any development, construction activity, or disturbance of an area that may affect trees within the tree conservation area, a tree removal application, or permits for construction or grading, a site assessment plan must be submitted to the building official. The overlay regulations do not prohibit the removal or alteration of unprotected trees, or landscape ornamental and small trees, or other landscape shrubs, grasses, or other materials, that do not qualify as a protected tree. Any work or disturbance which includes significant soil compaction, trenching, tilling, excavation, paving, grading, chemical mixing, or pruning exceeding 10 percent tree canopy reduction, on the tree and within the dripline of the protected tree, is subject to the site assessment plan review. The site assessment plan must show the following:
(A) Structures.
(B) Paving.
(C) Proposed development, construc tion or disturbance.
(D) Location, diameter, and species of all trees (including boundary trees) in the tree conservation area, and 10 feet beyond.
(E) Tree protection, as applicable.
(F) Replacement trees, as applicable.
(6) Tree mitigation. Upon approval of tree removal within the tree conservation area, or an unauthorized removal of a protected tree, tree mitigation or replacement is required in accordance with Section 51A-10.134(c). The applicable methods are:
(A) Replacement on the site of removal.
(B) Replacement with a legacy tree on the site of removal.
(C) If replacement is not possible on the lot of removal, then replacement on other property within boundaries of the neighborhood forest overlay.
(D) If replacement is not possible within the neighborhood forest overlay, the tree must be replaced within five miles of the neighborhood forest overlay.
(E) Payment into reforestation fund. This option is only available if the building official determines that, due to restrictive site conditions, it would be impracticable or imprudent for the responsible party to plant a replacement tree on the tree removal property or comply with one or more of the mitigation methods in this section.
(f) Criminal responsibility and defenses to prosecution.
(1) The criminal liability and defenses to prosecution provisions in Section 51A-10.140 apply to properties subject to a neighborhood forest overlay.
(2) A tree removal application or tree replacement is not required if the tree is determined by a certified arborist to be diseased or dead or poses an imminent threat to people or property and such determination was not caused by an intentional act of the owner or an agent of the owner. (Ord. 31174)
(a) The building official shall not issue a certificate of occupancy or a building permit until a building site is established in one of the following ways:
(1) A lot is part of a plat that has been approved by the commission, or approved by the platting authority recognized by state law for the jurisdiction where the property was located before annexation or consolidation with the city of Dallas, and filed in the plat records of the appropriate county. Unless a lot is part of a shared access development, or unless otherwise provided in an ordinance establishing or amending a planned development district, all platted lots must contact, through fee simple ownership, a dedicated street or a private street.
(2) A parcel was separately owned before September 11, 1929, or before annexation or consolidation and the parcel has contact, through fee simple ownership, with a dedicated street. For purposes of this paragraph, a parcel is considered “separately owned” if it:
(A) is described in a different deed than that of adjacent properties; and
(B) has remained in the same configuration since September 10, 1929, regardless of whether ownership has changed since that date.
Documented evidence must be provided by the owner to demonstrate that land has remained in the same configuration during the relevant time period. Under this paragraph, the building official may issue a building permit for only one main building on each building site.
(3) A lot is part of an industrial subdivision in which only streets, easements, and blocks are delineated. The industrial subdivision must be approved by the commission and filed in the plat records of the appropriate county. No specific lot delineation is required, but yard, lot, and space requirements will be determined by property lines or lease lines.
(4) Any area in a CA-1(A) district that is bound on all sides by public streets or alleys constitutes a legal building site.
(5) A parcel upon which a building permit was authorized for development of a single family or duplex use before August 1, 1984, provided the single family or duplex use is not changed to a different use than that approved before August 1, 1984. The authorized single family or duplex use need not exist at the time of application for a certificate of occupancy or building permit under this paragraph, but evidence must be provided showing that the single family or duplex use was authorized on the property before August 1, 1984, did in fact exist, and no other use has been made of the property since the single family or duplex use was authorized by the city. A building site must be established under another paragraph of this section if a change of use has been made or is proposed for the property.
(6) A parcel upon which a building permit was authorized for development of other than a single family or duplex use and:
(A) the building permit authorizing an existing structure was issued before August 1, 1984;
(B) the proposed work does not increase the floor area of the structure by more than 35 percent; and
(C) the proposed addition does not exceed 10,000 square feet of floor area. Evidence must be provided showing that the use was authorized on the property before August 1, 1984.
(7) A parcel with less lot area, depth, or width than required in this chapter provided:
(A) the parcel has an area, depth, or width that is not more than 10 percent smaller or is greater than the average lot area, depth, or width of other platted lots or recognized building sites capable of development with single family or duplex uses within the same platted block (for purposes of this subsection, “platted block” means the legal block as shown on the plat map);
(B) the platted lots or recognized building sites contiguous to the parcel are developed with single family or duplex uses;
(C) the majority of the platted lots and recognizable building sites within the same platted block as the parcel have been platted or have been recognizable building sites for at least 20 years; and
(D) the parcel complies with all other zoning regulations other than lot area, depth, or width regulations.
(b) Land used in meeting the requirements of this article for a particular use or building may not be used to meet the requirements for any other use or building.
(c) Except as provided in the regulations for the single family and duplex uses, more than one main building may be erected on a building site when there is compliance with all applicable regulations in this chapter.
(d) A lot with less lot area than required in this chapter that was lawfully established under the regulations in force at the time of the creation of the building site may be used for a single family use if permitted by all zoning regulations applicable to the property other than lot area regulations. (Ord. Nos. 19455; 23383; 24731; 25809)
(a) Fence standards. Unless otherwise specifically provided for in this chapter, fences must be constructed and maintained in accordance with the following regulations.
(1) In this subsection:
(A) FENCE PANEL means the portion of a fence located between the posts or columns.
(B) RETAINING WALL means a wall designed to hold in place earthen or similar materials and to prevent the material from sliding away or eroding.
(2) A person shall not erect or maintain a fence in a required yard more than nine feet above grade. In all residential districts except multifamily districts, a fence may not exceed four feet above grade when located in the required front yard, except when the required front yard is governed by the side or rear yard regulations pursuant to Section 51A-4.401.
(3) In single family districts, a fence panel with a surface area that is less than 50 percent open may not be located less than five feet from the front lot line. This paragraph does not apply to retaining walls.
(4) In multifamily districts, a fence located in the required front yard may be built to a maximum height of six feet above grade if all conditions in the following subparagraphs are met:
(A) No lot in the blockface may be zoned as a single family or duplex district.
(B) No gates for vehicular traffic may be located less than 20 feet from the back of the street curb.
(C) No fence panel having less than 50 percent open surface area may be located less than five feet from the front lot line.
(5) If a fence panel setback is required under Paragraph (4)(C), the entire setback area, except for driveways and sidewalks, must be located within 100 feet of a verifiable water supply and landscaped with living evergreen shrubs or vines recommended for local use by the park and recreation director. Initial plantings must be calculated to cover a minimum of 30 percent of the fence panel(s) within three years after planting. Shrubs or vines must be planted 24 inches on center over the entire length of the setback area unless a landscape architect recommends otherwise.
(6) Unless all of the conditions in Paragraphs (4) and (5) are met, a fence in a multifamily district may not exceed four feet above grade when located in the required front yard, except when the required front yard is governed by the side or rear yard regulations pursuant to Section 51A-4.401.
(7) Fence heights shall be measured from:
(A) In single family and duplex districts:
(i) the top of the fence to the level of the ground on the inside and outside of any fence within the required front yard. The fence height shall be the greater of these two measurements. If the fence is constructed on fill material that alters grade, as determined by the building official, the height of the artificially altered grade shall be included in the height of the fence. For purposes of this provision, artificially altered grade means the placement of fill material on property that exceeds a slope of one foot of height for three feet of distance; and
(ii) the top of the fence to the level of the ground on the inside of the fence in the required side or rear yard.
(B) In all other zoning districts, fence heights shall be measured from the top of the fence to the level of the ground on the inside of the fence.
(8) A fence may not be located within an easement without the prior written approval by the agencies having interest in the easement.
(9) Except as provided in this subsection, the following fence materials are prohibited:
(A) Sheet metal;
(B) Corrugated metal;
(C) Fiberglass panels;
(D) Plywood;
(E) Plastic materials other than preformed fence pickets and fence panels with a minimum thickness of seven-eighths of an inch;
(F) Barbed wire and razor ribbon (concertina wire) in residential districts other than an A(A) Agricultural District; and
(G) Barbed wire and razor ribbon (concertina wire) in nonresidential districts unless the barbed wire or razor ribbon (concertina wire) is six feet or more above grade and does not project beyond the property line.
(10) All fences must provide firefighting access to the side and rear yard.
(11) The board may grant a special exception to the fence standards in this subsection when, in the opinion of the board, the special exception will not adversely affect neighboring property.
(b) Required screening. Unless otherwise specifically provided for in this chapter, screening must be constructed and maintained in accordance with the following regulations.
(1) Screening required in this article must be not less than six feet in height.
(2) The board may grant a special exception to the height requirement for screening when, in the opinion of the board, the special exception will not adversely affect neighboring property, except that the board may not grant a special exception to the height requirements for screening around off-street parking.
(3) Required screening must be constructed of:
(A) brick, stone, concrete masonry, concrete, or wood;
(B) earthen berm planted with turf grass or ground cover recommended for local area use by the building official. The berm may not have a slope that exceeds one foot of height for each two feet of width;
(C) evergreen plant materials recommended for local area use by the building official. The plant materials must be located in a bed that is at least three feet wide with a minimum soil depth of 24 inches. Initial plantings must be capable of obtaining a solid appearance within three years. Plant materials must be placed a maximum of 24 inches on center over the entire length of the bed unless the building official approves an alternative planting density that a landscape authority certifies as being capable of providing a solid appearance within three years; or
(D) any combination of the above.
(4) A required screening wall or fence may not have more than 10 square inches of openings in any given square foot of surface. Plant materials used for required screening must obtain a solid appearance and provide a visual barrier of the required height within three years after their initial planting.
(5) Access through required screening may be provided only by a solid gate equalling the height of the screening. The gate must remain closed:
(A) between the hours of 10 p.m. and 7 a.m.; and
(B) at all other times except when in actual use.
(6) Garbage storage areas must be visually screened on any side visible from a street or an adjoining property by a brick, stone, concrete masonry, concrete, or wood wall or fence or by landscape screening. Screening is not required on a side adjacent to an alley or easement used for garbage pick-up service. Screening is not required if the garbage storage area is 200 feet or more from the street or adjoining property. To allow air circulation and visibility, the screening from grade to one foot above grade may be up to 50 percent open.
(7) An owner shall provide screening in accordance with this section for the rear or service side of a nonresidential building if:
(A) the nonresidential building is in a residential district and is exposed to a residential use; or
(B) the nonresidential building is in an office, retail, CS, IL, IR, or IM district and is exposed to and closer than 150 feet to the boundary line of an A, A(A), R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) district.
(8) When all service, storage, and loading facilities are contained within a nonresidential building, the screening requirement in Subsection (b)(7) does not apply.
(9) Plant materials used for required screening must be maintained in a healthy growing condition at all times. The property owner is responsible for the regular weeding, mowing of grass, irrigating, fertilizing, pruning, and other maintenance of all plantings as needed. Any plant that dies must be replaced with another living plant that complies with screening requirements within 90 days after notification by the city.
(10) All required screening with plant materials must be irrigated by an automatic irrigation system installed to comply with industry standards.
(11) Fences that are painted or stained must be uniformly painted or stained across the entire length of the fence. This provision prohibits different colored patches of paint or stain on portions of a fence. For example, if a fence is painted white, graffiti should be covered with the same color of white paint, not with blue or red paint.
(c) Special screening and visual intrusion provisions.
(1) In an office district, if a building or a parking structure is erected on a building site and a portion of the side or rear yard abuts or is across an adjoining alley from an A, A(A), R, R(A), D, D(A), TH, TH(A), CH, MF, MF(A), MH, or MH(A) district, any portion of the building site directly across from that district must be screened from that district.
(2) through (5) Reserved.
(6) In all nonresidential districts except central area districts, no portion of any balcony or opening that faces an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-1(SAH), MF-2, MF-2(A), or MF- 2(SAH) district may be located above a residential proximity slope originating in that district.
(d) Visual obstruction regulations.
(1) A person shall not erect, place, or maintain a structure, berm, plant life, or any other item on a lot if the item is:
(A) in a visibility triangle, as defined in Paragraph (2); and
(B) between two-and-one-half feet and eight feet in height measured from the top of the adjacent street curb. If there is no adjacent street curb, the measurement is taken from the grade of the portion of the street adjacent to the visibility triangle.
(2) For purposes of Paragraph (1), the term “visibility triangle” means:
(A) in all zoning districts except central area districts, the Deep Ellum/Near Eastside District (Planned Development District No. 269), and the State-Thomas Special Purpose District (Planned Development District No. 225), the portion of a corner lot within a triangular area formed by connecting together the point of intersection of adjacent street curb lines (or, if there are no street curbs, what would be the normal street curb lines) and points on each of the street curb lines 45 feet from the intersection;
(B) in central area districts, the Deep Ellum/Near Eastside District (Planned Development District No. 269), and the State-Thomas Special Purpose District (Planned Development District No. 225), the portion of a corner lot within a triangular area formed by connecting together the point of intersection of adjacent street curb lines (or, if there are no street curbs, what would be the normal street curb lines) and points on each of the street curb lines 30 feet from the intersection; and
(C) in all zoning districts, the portion of a lot within a triangular area formed by connecting together the point of intersection of the edge of a driveway or alley and an adjacent street curb line (or, if there is no street curb, what would be the normal street curb line) and points on the driveway or alley edge and the street curb line 20 feet from the intersection.
(3) The board shall grant a special exception to the requirements of this section when, in the opinion of the board, the item will not constitute a traffic hazard.
(4) It is a defense to prosecution under this subsection that a structure becomes nonconforming with respect to the visibility triangle unless the nonconforming rights attendant to the structure have been lost or terminated under Section 51A-4.704. (Ord. Nos. 19455; 19786; 20236; 20362; 20539; 21663; 22994; 25831; 26288; 27495; 29917; 30198; 30893)
(a) For the purposes of this section, conveyance means a railway coach or car, streetcar, bus, airplane, trailer, or similar structure, vehicle, or device originally intended for transporting people or goods.
(b) A person shall not place or use a conveyance as a building for the operation of a use. It is a defense to prosecution that the use of a conveyance is permitted under this section.
(c) A person may obtain permission to use a conveyance as a building for the operation of a use at a location properly zoned for the use if the device contributes to a theme or period development. The person shall submit an application to the director requesting approval of the proposal. Within 60 days of receipt of the application, the commission shall submit its recommendation of approval or disapproval to the city council which may approve or reject a resolution authorizing the use. The conveyance must comply with all applicable ordinances and regulations.
(d) A person may use a conveyance as a temporary office, but not as a residence, in connection with the sale of real estate within a specific development project, after obtaining a building permit and certificate of occupancy from the building official. The following measures to assure sanitary conditions must be taken:
(1) If sanitary sewer facilities are available, temporary plumbing connections must be made as prescribed by the Dallas plumbing code. No permanent plumbing connection is permitted.
(2) If sanitary sewer facilities are not available, sanitation facilities must be provided in accordance with the rules and regulations of the department of code compliance. No building permit or certificate of occupancy may be issued by the building official without the approval of the department of code compliance.
(3) Electrical service in connection with the use described in this subsection must be limited to temporary pole service.
(e) Governmental agencies and civic organizations may conduct a use in a conveyance in accordance with this subsection.
(1) The use must be sponsored by and under the direct control of a governmental agency or civic organization.
(2) The use must be a function relating to the public health, safety, and welfare such as driver training, consumer and homemaking education, dental hygiene, mobile library, mobile x-ray unit, or other similar public service use that due to the equipment involved, logistics of scheduling locations and the times needed in a specific community, the use is not appropriate for a permanent location.
(3) The conveyance must be self-contained requiring only electrical service. Only one electrical hook-up station served by a separate electrical service accommodating not more than two conveyances is permitted on any premise. The hook-up station must be a permanent installation installed under permit. Temporary electrical or plumbing connections to existing facilities are not permitted.
(4) The conveyance may be located in any zoning district; however, in residential districts, the location is restricted to properties owned and operated by sponsoring agencies. A sponsoring agency may by agreement reciprocate with other sponsoring agencies to use their premises.
(5) The conveyance must comply with setback requirements of this chapter and the building code.
(6) One sign that does not exceed 30 square feet in size may be attached to each side of the conveyance.
(f) A person shall not place or use a conveyance as a dwelling unit. It is a defense to prosecution under this subsection that:
(1) the person uses a railroad work car, caboose, or converted freight car as a dwelling unit when it is confined to rails and located on the right-of-way of a railway doing business as a common carrier; or
(2) the person uses a manufactured home or self-propelled recreational vehicle as a dwelling unit in a properly zoned district.
(g) A person may use a conveyance as a building for the operation of a recycling collection center.
(h) A person may use a conveyance as a building for the operation of x-ray or other imaging equipment provided it is used in conjunction with a medical clinic or ambulatory surgical center use or a hospital use.
(i) A person may use a conveyance as a building for the purpose of storing food products provided:
(1) the conveyance is used in conjunction with a permitted use;
(2) a temporary food service permit is obtained from the Department of Health and Human Services; and
(3) the use of the conveyance is limited to no more than twice each calendar year for a maximum period of 15 consecutive days.
(j) A person may use a conveyance as a building for food preparation from mobile vans and trucks provided:
(1) the conveyance is only allowed in the CS, LI, IR, and IM districts;
(2) the conveyance meets the standards of the department of code compliance;
(3) the conveyance is operated as a temporary use which is accessory to the main use on the property for the purpose of cooking, wrapping, packaging, processing, or portioning ready-to-eat food for service, sale, or distribution; and
(4) all required permits are obtained from the department of code compliance. (Ord. Nos. 19455; 19786; 20360; 21398; 21895; 22759; 23694; 27697)
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