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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)
(a) Design standards for large retail uses.
(1) Purpose. Large retail uses often have negative impacts on community aesthetics, the environment, mass transit, pedestrian circulation, the scale and rhythm of streetscapes, traffic, and urban sprawl. These design standards are intended to ensure that large retail uses are compatible with the surrounding area and mitigate the negative impact of large retail uses while allowing creativity, flexibility, and variety in design. These design standards are also intended to make adaptive reuse of large retail spaces possible.
(2) Applicability.
(A) These design standards apply to the following uses built after October 27, 2004, and the following existing uses expanded to 100,000 square feet or more:
(i) In Chapter 51:
(aa) Retail stores other than listed uses of 100,000 square feet or more.
(bb) Retail food store uses of 100,000 square feet or more.
(cc) Furniture store uses of 100,000 square feet or more.
(dd) Home improvement center uses of 100,000 square feet or more.
(ii) In Chapter 51A:
(aa) Furniture store uses of 100,000 square feet or more.
(bb) General merchandise and food store uses of 100,000 square feet or more.
(cc) Home improvement center, lumber, brick or building material sales yard uses of 100,000 square feet or more.
(B) These design standards do not apply to a covered mall building containing more than 500,000 square feet. These design standards do apply to any use listed in Subparagraph (A) within a covered mall building (an anchor tenant) that has a means of ingress and egress independent of the covered mall building and does not have an entrance into the common pedestrian area.
(C) The landscape requirements of these design standards may be used to satisfy any landscaping required by Article X.
(D) In the event that these design standards conflict with other requirements of this chapter, the more stringent requirement applies.
(3) Definitions. The following definitions apply to these design standards:
(A) COVERED MALL BUILDING means a single building enclosing 10 or more retail, personal service, and office uses that have access into a climate-controlled common pedestrian area.
(B) FACADE WALL means any separate face of a building, including parapet walls and omitted wall lines, or any part of a building that encloses usable space. Where separate faces are oriented in the same direction, or in the directions within 45 degrees of one another, they are considered as part of a single facade wall.
(C) FRONT PARKING AREA means, for developments with a single use, the area in front of a line parallel to and extending outward from the primary facade wall to the property lines, and means, for developments with multiple uses, the area between two lines at the corners of the primary facade wall and perpendicular to the primary facade wall and extending to the property line.
(D) PRIMARY FACADE WALL means the facade wall containing the primary entrance. If two or more facades walls have entrances of equal significance, each facade wall will be considered a primary facade wall.
(E) REAR FACADE WALL means the facade wall containing service areas.
(F) SIDE FACADE WALL means any facade wall that is not a primary facade wall or a rear facade wall.
(G) SERVICE AREA means any area for loading docks, outdoor storage (other than an outdoor display, sales, and storage area), trash collection or compaction, truck parking, or other similar functions.
(4) Facade walls. Primary facade walls and side facade walls must incorporate at least three of the following design elements. Rear facade walls must incorporate at least two of the following design elements. The cumulative length of these design elements must extend for at least 60 percent of the facade wall’s horizontal length.
(A) A repeating pattern of wall recesses and projections, such as bays, offsets, reveals, or projecting ribs, that have a relief of at least eight inches.
(B) At least three of the following design elements at the primary entrance, so that the primary entrance is architecturally prominent and clearly visible from the abutting street:
(i) Architectural details such as arches, friezes, tile work, murals, or moldings.
(ii) Integral planters or wing walls that incorporate landscaping or seating.
(iii) Enhanced exterior light fixtures such as wall sconces, light coves with concealed light sources, ground-mounted accent lights, or decorative pedestal lights.
(iv) Prominent three-dimensional features, such as belfries, chimneys, clock towers, domes, spires, steeples, towers, or turrets.
(v) A repeating pattern of pilasters projecting from the facade wall by a minimum of eight inches or architectural or decorative columns.
(C) Arcades, awnings, canopies, covered walkways, or porticos.
(D) Display windows, faux windows, or decorative windows.
(E) Trim or accent elements using decorative contrasting colors or decorative neon lighting of at least 10 percent of the area of the facade wall exclusive of fenestration.
(5) Facade wall changes. Facade walls must have a one or more of the following changes:
(A) Changes of color, texture, or material, either diagonally, horizontally, or vertically, at intervals of not less than 20 feet and not more than 100 feet.
(B) Changes in plane with a depth of at least 24 inches, either diagonally, horizontally, or vertically, at intervals of not less than 20 feet and not more than 100 feet.
(6) Materials and colors.
(A) No more than 75 percent of the area of a facade wall, exclusive of fenestration, may have a single material or color.
(B) It is recommended that the following materials are only used on rear facade walls:
(i) Smooth-faced concrete block that is non-tinted or non-burnished.
(ii) Tilt-up concrete panels that are unadorned or untextured.
(iii) Prefabricated steel panels.
(7) Roofs.
(A) Roof-mounted mechanical equipment, skylights, and solar panels must be screened or set back so that they not visible from a point five feet, six inches above grade at the property line. Screening materials must match the materials and colors used on the main building. Chain link fence may not be used as a screening material.
(B) Roofs must have at least one of the following design elements:
(i) Parapets with horizontal tops having height changes of at least one foot occurring horizontally no less than every 100 feet. Parapets that do not have horizontal tops must have pitched or rounded tops with a pattern that repeats or varies no less than every 100 feet. All parapets must have detailing such as cornices, moldings, trim, or variations in brick coursing.
(ii) Sloping roofs with at least two of the following design elements:
(aa) Slope of at least 5:12.
(bb) Two or more slope planes.
(cc) Overhanging eaves extending at least three feet beyond the supporting wall.
(8) Parking lots and landscaping.
(A) Landscaped islands of a minimum of 20 square feet per row of cars must be placed at both ends of each grouping of parking rows. Landscaped islands must have ground cover and trees or shrubs.
(B) Parking lots must be divided into sections containing no more than 120 parking spaces. Parking lot sections must be divided by landscaped dividers with a minimum width of five feet. Landscaped dividers must have trees spaced at a maximum of 30 feet on center and ground cover or shrubs. Parking lot sections may contain up to 160 parking spaces if, in addition to the landscaped divider, each grouping of parking rows is divided by a landscape island of a minimum of 20 square feet per row of cars. Landscaped islands must have ground cover and trees or shrubs.
(C) No more than two-thirds of the off-street parking spaces may be located in the front parking area. If more than 50 percent of a parking space is within the front parking area, then that parking space shall be counted as being within the front parking area. The two-thirds limitation on off-street parking within the front parking area may be exceeded if one additional tree beyond the requirements of these design standards is provided within the front parking area for every 15 off-street additional parking spaces or fraction thereof located within the front parking area.
(D) Parking lots must have a pedestrian pathway system distinguished from the parking and driving surface by landscape barriers or a change in surface materials such as pavers or patterned concrete. Pedestrian pathways may not be distinguished by paint alone. Pedestrian pathways must be a minimum of eight feet wide. Pedestrian pathways must connect mass transit stops, parking areas, public sidewalks, and public rights-of-way to the primary entrance.
(E) A landscaped buffer strip with a minimum width of 20 feet must be located between any parking area and any public right-of-way other than alleys. The landscape buffer may be interrupted by vehicular and pedestrian access areas. The landscape buffer strip may be located in whole or in part in the public right-of-way if the requirements of Chapter 43 of the Dallas City Code are met. The landscape buffer strip must have an evergreen berm with a minimum height of three feet. If the topography prevents installation of a berm, an evergreen hedge with a minimum height of three feet may be substituted. The landscape buffer must also have trees spaced at a maximum of 30 feet on center.
(F) Trees spaced at a maximum of 30 feet on center must be provided within 20 feet of the primary facade wall and one side facade wall for at least 50 percent of the length of each facade wall. Trees may be located in the public right-of-way if the requirements of Chapter 43 of the Dallas City Code are met. Trees must be planted in a landscape strip with a minimum width of five feet or in tree wells with minimum dimensions of five feet by five feet.
(G) Parking areas must have access, either directly or via a private access drive, to a four-lane public street with two lanes in each direction or to a two-lane one-way public street.
(H) Shopping cart storage areas in parking lots must be screened with landscaping along the length of the shopping cart storage area facing any public right-of-way other than alleys.
(9) Miscellaneous design standards.
(A) Service areas must be oriented so that they are not visible from abutting public rights-of-way or residential zoning districts, or must be screened from abutting public rights-of-way or residential zoning districts by solid masonry screening with a minimum height of eight feet extending the entire length of the service area.
(B) Automotive service bays must be oriented away from any public right-of-way or residential zoning district, unless screened from view with solid masonry screening with a minimum height of eight feet extending the entire length of the automotive service bays.
(C) Mechanical equipment on the ground must be screened using materials matching the materials and colors used on the main building. Chain link fence may not be used as a screening material.
(D) Merchandise may not be displayed or stored in parking areas or on sidewalks adjacent to facade walls, except in screened outdoor display, sales, and storage areas.
(E) Outdoor display, sales, and storage areas, such as nursery departments, must be enclosed by screening with a solid base with a minimum height of three feet surmounted by a wrought iron or tubular steel fence with a minimum height of five feet. The screening must be surmounted with a minimum of two feet of fascia with materials and colors matching the main building. No merchandise other than trees may be visible above the screening.
(F) Shopping cart storage areas adjacent to facade walls (not in parking lots) must be screened with landscaping or materials matching the materials of the primary facade wall. No more than two shopping cart storage areas (one on each side of an entrance) may be provided on any facade wall. Shopping cart storage areas may not exceed 20 feet in length.
(G) In the CA-1 and CA-1(A) districts, a minimum of 75 percent of the primary facade wall must be set back no more than 15 feet.
(H) If the use is within 300 feet of a residential zoning district or a zoning district that allows residential uses, the following restrictions apply. For purposes of this provision, measurements are made in a straight line, without regard to intervening structures or objects, from the nearest boundary of the lot where the use is conducted to the nearest boundary of the zoning district in issue.
(i) External speakers are prohibited.
(ii) Staging, loading, or idling of commercial vehicles in a service area is prohibited between the hours of 10:00 p.m. and 7:00 a.m. Signs prohibiting staging, loading, or idling of commercial vehicles between the hours of 10:00 p.m. and 7:00 a.m. must be posted every 100 feet adjacent to the service area.
(iii) An external lighting plan demonstrating compliance with all city ordinances must be submitted to and approved by the building official prior to the issuance of a building permit for new construction, a building permit to expand to 100,000 square feet or more, or a certificate of occupancy.
(10) Variations and exceptions. The city plan commission, whether or not a specific use permit is required, may approve a site plan that does not comply with the requirements of these design standards provided that:
(A) strict compliance with these design standards is impractical due to site constraints or would result in substantial hardship;
(B) the site plan complies with the spirit and intent of these design standards;
(C) the site plan furthers the stated purpose of these design standards; and
(D) the variation or exception from these design standards will not adversely affect surrounding properties.
The city plan commission shall follow the same procedure used for approval of minor amendments to development plans and the fee for a minor plan amendment shall apply. (Ord. Nos. 25785; 27404; 28553; 31607)
(a) Initiation.
(1) The city council or the commission may authorize a public hearing on an amendment to this article or a change in a zoning district classification or boundary. If 10 or fewer property owners are involved, the director shall send written notice to the owners of real property within the subject area not less than 10 days before the meeting at which the city council or commission will consider authorization of a public hearing. This notice must be written in English and Spanish if the area of request is located wholly or partly within a census tract in which 50 percent or more of the inhabitants are persons of Spanish origin or descent according to the most recent federal decennial census. If more than 10 property owners are involved, the director shall give notice of the public hearing in the official newspaper of the city at least 10 days before the meeting at which the city council or commission will consider authorization of a public hearing.
(2) A person may request a change in the zoning district classification or boundary by filing an application with the director.
(A) The application must be on a form approved by the commission and furnished by the department.
(B) Each owner of property within the area of request must sign the application.
(C) The applicant must pay an application fee.
(D) If the area of request is adjacent to a public street or alley, the director shall extend its boundaries to the centerline of the adjacent street or alley.
(E) An applicant requesting a change in zoning to an urban corridor district shall submit a concept plan in addition to the general requirements for a zoning change. The concept plan must indicate:
(i) the location of the urban corridor district site showing frontage along an urban corridor, indicating existing widths of rights-of-way, number of lanes, lane widths, and street designations according to the city’s thoroughfare plan or Texas Department of Transportation;
(ii) the existing zoning district classifications and land uses for all properties within 250 feet of the area of request;
(iii) the proposed urban corridor lot dimensions, lot area, existing building footprints, and setback lines showing buildable area based on urban corridor regulations; and
(iv) the proposed mix of land uses.
(b) Commission report and recommendation required.
(1) The commission shall make a report and recommendation to the city council on all proposed amendments to this article or requests for a change in a zoning district classification or boundary.
(2) The director shall conduct those studies necessary for the commission to make its recommendation and report to city council.
(3) The commission or a committee of the commission shall hold a public hearing to allow proponents and opponents of an amendment to this article or request for a change in a zoning district classification or boundary to present their views.
(4) Before the commission holds the public hearing on an amendment to this article or on a request for a change in a zoning district classification or boundary, the director shall give notice of the public hearing in the official newspaper of the city at least 10 days before the hearing.
(5) The director shall send written notice of a public hearing on a city council, city plan commission, or landmark commission authorized hearing for a change in a zoning district classification or boundary to all owners of real property according to the following table:
Authorized Hearing Area | Area of Notification for Hearing |
0-1 acre | 200 feet |
over 1 acre to 5 acres | 300 feet |
over 5 acres to 15 acres | 400 feet |
over 15 acres to 25 acres | 400 feet |
over 25 acres | 500 feet |
See Section 51A-1.105 for the notification area for other applications. The measurement of the notification area includes streets and alleys. The notice must be given not less than 10 days before the date set for the city plan commission hearing by depositing the notice properly addressed and postage paid in the United States mail to the property owners as evidenced by the last approved tax roll. This notice must be written in English and Spanish if the area of request is located wholly or partly within a census tract in which 50 percent or more of the inhabitants are persons of Spanish origin or descent according to the most recent federal decennial census. The applicant may not alter, change, amend, enlarge, or withdraw a portion of an application after notices have been mailed for the public hearing.
(6) The commission shall make its recommendation on a proposed amendment to this article or request for a change in a zoning district classification or boundary from staff reports of the director, field inspections and the evidence presented at the public hearing.
(7) The director shall forward to the city council the commission’s recommendation and report on all amendments to this article and requests for a change in a zoning district classification or boundary except that when the request for a change in a zoning district classification or boundary is denied by the commission, the director shall not forward that recommendation and report to the city council unless the applicant within 10 days of the denial files with the director a request in writing that the city council review the commission’s findings.
(8) A request for a change in a zoning district classification or boundary that has been forwarded to the city council may not be held for longer than six months from the date of the commission’s action without being scheduled for a city council hearing. The commission shall review a request for a change in a zoning district classification or boundary that has not been scheduled within six months of the commission’s action to determine whether a time extension should be granted for a specified period or whether the application should be terminated and declared null and void.
(c) City council action.
(1) The director shall send written notice of a public hearing on a city council, city plan commission, or landmark commission authorized hearing for a change in a zoning district classification or boundary to all owners of real property according to the following table:
Authorized Hearing Area | Area of Notification for Hearing |
0-1 acre | 200 feet |
over 1 acre to 5 acres | 300 feet |
over 5 acres to 15 acres | 400 feet |
over 15 acres to 25 acres | 400 feet |
over 25 acres | 500 feet |
See Section 51A-1.105 for the notification area for other applications. The measurement of the notification area includes streets and alleys. The notice must be given not less than 15 days before the date set for the city council hearing by depositing the notice properly addressed and postage paid in the United States mail to the property owners as evidenced by the last approved tax roll. This notice must be written in English and Spanish if the area of request is located wholly or partly within a census tract in which 50 percent or more of the inhabitants are persons of Spanish origin or descent according to the most recent federal decennial census. The applicant may not alter, change, amend, enlarge, or withdraw a portion of an application after notices have been mailed for the public hearing.
(2) Before the city council holds the public hearing on an amendment to this article or on a request for a change in a zoning district classification or boundary, the city secretary shall give notice of the public hearing in the official newspaper of the city at least 15 days before the hearing.
(3) An amendment to this article and requests for a change in a zoning district classification or boundary must be approved by the affirmative vote of a majority of city council members present; except, the favorable vote of three-fourths of all members of the city council is required if:
(A) the request for a change in a zoning district classification or boundary has been recommended for denial by the commission; or
(B) a written protest against a change in a zoning district boundary or classification has been signed by the owners of 20 percent or more of either the land in the area of request or land within 200 feet, including streets and alleys, measured from the boundary of the area of request and the protest has been filed with the director.
(4) When city council passes an amending ordinance, the city secretary shall file the amending ordinance in the official city records. Unless the amending ordinance expressly indicates otherwise, the area of request is presumed to include the area to the centerline of an adjacent street or alley.
(d) Two-year limitation.
(1) Except as provided in Subsections (d)(2) and (d)(3), after a final decision is reached by the commission or city council denying a request for a change in a zoning district classification or boundary, no subsequent applications may be considered for that property for two years from the date of the final decision.
(2) If the commission or the city council renders a final decision of denial without prejudice, the two-year limitation is waived.
(3) A property owner may apply for a waiver of the two-year limitation in the following manner:
(A) The applicant shall submit the request in writing to the director. The director shall inform the applicant of the date on which the commission shall consider the request and shall advise the applicant of the right to appear before the commission.
(B) The commission may waive the time limitation if there are changed circumstances sufficient to warrant a new hearing.
(C) A simple majority vote by the commission is required to grant the request. If a waiver is granted, the applicant shall follow the procedure for a zoning amendment under this article or a request for a change in a zoning district classification or boundary.
(D) If the commission denies the request, the applicant may appeal in writing to the city council by filing an appeal with the director.
(e) Postponements.
(1) The applicant and the opponents shall each be allowed to postpone one hearing date before the commission and one hearing date before the city council.
(2) A request for postponement must be in writing and must be submitted to the director no later than 5:00 p.m. on the Monday of the week preceding the week of the hearing. If the deadline falls on an official city holiday, then the request must be submitted no later than noon on the following day.
(3) Before a hearing to be held by the city plan commission may be postponed, the person requesting postponement shall pay a fee of $150.00 to the director. Before a hearing to be held by the city council may be postponed, the person requesting postponement shall pay a fee of $150.00 to the director.
(4) Only the applicant or his representative may postpone the hearing date prior to the mailing of the hearing notices. A hearing postponed by the applicant or his representative whether prior to the mailing of required notices or after the mailing of required notices may be postponed for no longer than 60 days from the date of the scheduled or advertised hearing. If the applicant fails to request in writing within 60 days a new hearing date, the application is automatically withdrawn, and the director shall return the application to the applicant and the filing fee, less that amount necessary for administrative cost as determined by the director.
(5) Only a property owner within the area of notification may request a postponement for the opposition. The request for postponement must set forth the grounds for the postponement and must be signed by the party making the request. If postponed, the case will be rescheduled for the next hearing date that is four weeks or more in the future, unless the party making the request requests an earlier date.
(f) Withdrawals.
(1) If an applicant desires to withdraw his application, the applicant shall request in writing to withdraw an entire application for a change in a zoning district classification or boundary.
(2) If the applicant withdraws the application prior to the mailing of notice, the director shall return the application to the applicant. The director shall determine the administrative cost of processing the application, and shall return the filing fee less the administrative cost to the applicant.
(3) If the applicant withdraws the application after the mailing of notices for a public hearing before the commission, the applicant shall forfeit 65 percent of the filing fee to cover the administrative cost.
(A) If the application is withdrawn before 5:00 p.m. of the day that will leave five full working days (excluding Saturdays, Sundays and official city holidays) before the date of the hearing, the applicant shall not be subject to the two year waiting period required in Subsection (d).
(B) If an applicant requests withdrawal after 5:00 p.m. of the day that will leave five full working days (excluding Saturdays, Sundays and official city holidays) before the date of the hearing, the commission shall hold the public hearing and make a formal recommendation on the application. The applicant shall be subject to the two year waiting period required in Subsection (d).
(4) Once the commission has acted on a request for a change in a zoning district classification or boundary, the applicant may withdraw his application, but the entire application fee shall be retained by the city to cover administrative cost if:
(A) the commission approved the request; or
(B) the commission denied the request, but the applicant within 10 days of the denial files with the director a request in writing that the city council review the commission’s findings.
(5) If the commission denies a request for a change in a zoning district classification or boundary and the applicant does not appeal the decision to city council, the city controller shall refund 35 percent of the filing fee to the applicant.
(g) Written protest procedures.
(1) Purpose.
(A) The state law expressly enables the governing body of a municipality to establish procedures for adopting and enforcing zoning regulations and district boundaries. Pursuant to that authority, the city council enacts this subsection governing the receipt of written protests submitted for the purpose of requiring the favorable vote of three- fourths of all members of the city council to effect a change in a zoning district classification or boundary.
(B) This subsection is not intended to conflict with the state law; it is being enacted at a time when the state law does not explicitly provide how, when, or where a written protest must be filed. The city council expressly recognizes that this subsection may be partially or completely preempted at any such time that the state law is amended to explicitly provide how, when, or where a written protest must be filed.
(C) This subsection is intended to accomplish the following listed objectives which, in the opinion of the city council, are fully in keeping with the purposes, spirit, and intent of the state law:
(i) To allow the staff sufficient time to accurately calculate the land area percentages that determine the voting requirement.
(ii) To protect the rights of all parties by establishing minimum criteria to assure the reliability of written protests received.
(iii) To protect the rights of those protesting by establishing procedures and deadlines which are not unduly burdensome or restrictive.
(iv) To promote order and maintain the integrity of the zoning process.
(2) Form of protest.
(A) A protest must be in writing and, at a minimum, contain the following information:
(i) A description of the zoning case at issue.
(ii) The names of all persons protesting the proposed change in zoning district classification or boundary.
(iii) A description of the area of lots or land owned by the protesting parties that is either covered by the proposed change or located within 200 feet of the area covered by the proposed change.
(iv) The mailing addresses of all persons signing the protest.
(v) The date and time of its execution.
(B) The protest must bear the original signatures of all persons required to sign under Paragraph (3).
(3) Who must sign.
(A) A protest must be signed by the owner of the property in question, or by a person authorized by power of attorney to sign the protest on behalf of the owner. If the property is owned by two or more persons, the protest must be signed by a majority of the owners, or by a person authorized by power of attorney to sign the protest on behalf of a majority of the owners, except that in the case of community property, the city shall presume the written protest of one spouse to be the protest of both.
(B) In the case of property owned by a corporation, the protest must be signed by the president, a vice-president, or by an attorney in fact authorized to sign the protest on behalf of the corporation. In the case of property owned by a general or limited partnership, the protest must be signed by a general partner or by an attorney in fact authorized to sign the protest on behalf of the partnership.
(C) Lots or land subject to a condominium regime are presumed to be commonly owned in undivided interests by the owners of all condominium units and under the control of the governing body of the condominium. For such lots or land to be included in calculating the lots or land area protesting a proposed rezoning, the written protest must state that the governing body of the condominium has authorized a protest in accordance with procedures required by its bylaws, and that the person signing the protest is authorized to act on behalf of the governing body of the condominium. A written protest signed by the owner of an individual condominium unit shall not be accepted unless the filing party produces legal documents governing the condominium which clearly establish the right of an individual owner to act with respect to his or her respective undivided interest in the common elements of the condominium.
(4) When signatures must be acknowledged.
(A) Except as otherwise provided in Subparagraphs (B) and (C), all signatures on a written protest must be acknowledged before a notary public.
(B) A signature on an original reply form sent by the city to the mailing address of the property owner need not be acknowledged.
(C) A signature on a protest delivered in person by the person signing need not be acknowledged if its reliability is otherwise established to the satisfaction of the director. In such a case, a summary of the evidence of reliability considered by the director must be endorsed on the protest by the director.
(5) Filing deadline.
(A) A written protest must be filed with the director before noon on the Friday immediately preceding the date advertised for the city council public hearing in the statutory notice published in the official newspaper of the city. If the deadline falls on a city holiday, written protest must be filed by noon on the next working day after the deadline. A protest sent through the mail must be received by the director before the deadline.
(B) Before the public hearing on the case, the filing deadline is automatically extended whenever the public hearing is re-advertised in the official newspaper of the city pursuant to statutory notice requirements.
(C) After the public hearing has begun, the filing deadline may only be extended by calling a subsequent public hearing and advertising that public hearing in the official newspaper of the city pursuant to statutory notice requirements. In such a case, the new filing deadline is noon of the working day immediately preceding the newly advertised public hearing date.
(6) Withdrawals of protests filed. Withdrawals of protests filed must be in writing and filed with the director before the filing deadline. The provisions of this subsection governing the form and filing of protests apply equally to withdrawals.
(7) Presumptions of validity.
(A) In all cases where a protest has been properly signed pursuant to this subsection, the city shall presume that the signatures appearing on the protest are authentic and that the persons or officers whose signatures appear on the protest are either owners of the property or authorized to sign on behalf of one or more owners as represented.
(B) In cases of multiple ownership, the city shall presume that a properly signed protest which on its face purports to represent a majority of the property owners does in fact represent a majority of the property owners.
(C) The presumptions in Subparagraphs (A) and (B) are rebuttable, and the city attorney may advise the city council that a presumption should not be followed in a specific case based on extrinsic evidence presented.
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