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(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)
(a) Access to a use may not go through a lot in a residential district unless the use is permitted in that residential district. If the use is permitted in the residential district by SUP only, the access is also permitted by SUP only.
(b) This section does not affect access to a use through a lot in a nonresidential district. (Ord. 20238)
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