SEC. 51A-4.701. ZONING AMENDMENTS.

(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)

SEC. 51A-4.604. RESTRICTIONS ON ACCESS THROUGH A LOT.

(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)

SEC. 51A-4.605. DESIGN STANDARDS.

(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.

(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.

(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;

(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)

Division 51A-4.700. Zoning Procedures.

SEC. 51A-4.701. ZONING AMENDMENTS.

(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.

(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.

(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.

(8) Conflicting instruments. In the event that multiple protests and withdrawals are filed on behalf of the same owner, the instrument with the latest date and time of execution controls. (Ord. Nos. 19455; 19872; 19935; 20037; 20381; 21431; 22389; 24718; 26271; 28096; 31471 ; 32481 )

SEC. 51A-4.702. PLANNED DEVELOPMENT (PD) DISTRICT REGULATIONS.

(a) General provisions.

(1) Purpose. The purpose of the PD is to provide flexibility in the planning and construction of development projects by allowing a combination of land uses developed under a uniform plan that protects contiguous land uses and preserves significant natural features.

(2) Uses. A PD may contain any use or combination of uses listed in Division 51A-4.200. The uses permitted in a PD must be listed in the ordinance establishing the district.

(3) Signs. An ordinance establishing or amending a PD may not authorize the erection, relocation, or alteration of a detached non-premise sign. A special provision sign district must be established to authorize the erection, relocation, or alteration of a detached non-premise sign. For more information regarding special provision sign districts, see Division 51A-7.500.

(4) Mandatory regulations. The ordinance establishing a PD must specify regulations governing building height, floor area, lot area, lot coverage, density, yards, off-street parking and loading, environmental performance standards, signs, landscaping, and streets and alleys. The following table may be used as a general guide in establishing these regulations:

General Guidelines for Establishing PD Regulations
GENERAL USE CATEGORY	ZONING DISTRICT
Single family	TH-3(A)*
Multifamily	MF-3(A)
Retail	CR
Office	MO-1
Commercial	CS
Industrial	IR
*If platted lots for a single family use have a minimum width of 30 feet at the front property line, then one parking space is required.

(5) Codification. The regulations of each PD ordinance shall be codified in Chapter 51P. The conditions in the PD ordinance and the development plan, landscape plan, or conceptual plan are conditions that must be complied with before a certificate of occupancy may be granted.

(6) Applicable regulations.

(A) For PDs created on or after March 1, 1987, the regulations in this chapter control unless they are expressly altered by a PD ordinance in accordance with this section. The general guidelines in Subsection (a)(4) control if the PD ordinance does not enumerate the regulations governing building height, floor area, lot area, lot coverage, density, yards, off-street parking and loading, environmental performance standards, signs, landscaping, and streets and alleys.

(B) For PDs created prior to March 1, 1987, the regulations of Chapter 51 control unless they are expressly altered by a PD ordinance in accordance with this section. The general guidelines below control if the PD ordinance does not enumerate the regulations governing building height, floor area, lot area, lot coverage, density, yards, off-street parking and loading, environmental performance standards, signs, landscaping, and streets and alleys.

GENERAL USE CATEGORY	ZONING DISTRICT
Single family	H-4*
Multiple-family	MF-3
Retail	GR
Office	MO
Commercial and Industrial	I-1
*If platted lots for a single family use have a minimum width of 30 feet at the front property line, then one parking space is required.

(C) Some provisions of Chapter 51 have been amended to refer to the parallel provisions in Chapter 51A. This type of amendment has been made to every extent possible in order to make interpretation and application of the code more consistent and simpler. The amendment process is referred to as “call-forwarding the provisions of Chapter 51” because the amendment incorporates by reference into Chapter 51 the corresponding language in Chapter 51A as it exists on the date of amendment and as it may be amended in the future. The following apply when interpreting call-forwarded provisions of Chapter 51 for planned development districts created under Chapter 51 of the Dallas City Code.

(i) If a call-forwarded provision contains a cross-reference in Chapter 51A to another section in Chapter 51A, the cross-reference should be read to apply to the parallel provisions in Chapter 51.

-- For example, the sexually oriented business regulations in Section 51-4.221 have been call-forwarded. Within those regulations, there is a reference to Section 51A-4.217, the accessory use regulations in Chapter 51A. When applying these regulations to a Chapter 51 planned development district, reference should be made to Section 51-4.217, the accessory use regulations in Chapter 51.

-- Similarly, Section 51-4.324 has been call-forwarded. Section 51-4.324(b)(1) refers to “residential districts.” The definition of “residential districts” is located in Section 51A-2.102(119), but the definition makes reference to only Chapter 51A districts. When applying Section 51A-4.324(b)(1) to a Chapter 51 planned development district, reference should be made to the definition of “residential districts” in Chapter 51, which is provided in Section 51-2.102(104).

The building official shall determine the parallel provision in Chapter 51 when applying a call-forwarded regulation.

(ii) If a call-forwarded provision contains a reference to “this chapter,” Chapter 51 should also be included in its application. If a call-forwarded provision contains a reference to “this section” or another internal cross reference, and the regulation referenced has not been call-forwarded, the parallel provision in Chapter 51 applies. The building official shall determine the parallel cross-reference in Chapter 51 when applying a call-forwarded regulation.

(iii) If a district category is referenced in a call-forwarded provision, that district category, as defined in Chapter 51, should be included in the application of the regulation. For example, if a regulation has been call-forwarded, and the corresponding regulation in Chapter 51A applies to “industrial districts,” the regulation applies to the Industrial-1, Industrial-2, and Industrial-3 districts when applied to a Chapter 51 planned development district. The building official shall determine the parallel district category in Chapter 51 when applying a call-forwarded regulation.

(iv) If a use category is referenced in a call-forwarded provision, that use category, as defined in Chapter 51, should be included in the application of the regulation. For example, if a regulation has been call-forwarded, and the corresponding regulation in Chapter 51A applies to “transportation uses,” the regulation also applies to the transportation uses contained in Chapter 51 when applied to a Chapter 51 planned development district. The building official shall determine the parallel use category in Chapter 51 when applying a call-forwarded regulation.

(v) The general guidelines below control if a provision of Chapter 51 has been call-forwarded to the parallel provision in Chapter 51A, and the regulation in Chapter 51A refers only to a Chapter 51A zoning classification in its application.

CHAPTER 51 ZONING	CHAPTER 51A ZONING
A	A(A)
R-1ac	R-1ac(A)
R-1/2ac	R-1/2ac(A)
R-16	R-16(A)
R-13	R-13(A)
R-10	R-10(A)
R-7.5	R-7.5(A)
R-5	R-5(A)
D	D(A)
TH-1	TH-1(A)
TH-2	TH-2(A)
TH-3	TH-3(A)
TH-4	TH-3(A)
MF-1	MF-1(A)
MF-2	MF-2(A)
MF-3	MF-3(A)
MF-4	MF-4(A)
MH	MH(A)
NO	NO(A)
LO	LO(A)
MO	MO(A)
GO	GO(A)
NS	NS(A)
SC	CR
GR	RR
HC	CS
I-1	LI
I-2	IR
I-3	IM
CA-1	CA-1(A)
CA-1-CP	CA-1(A)-CP
CA-1-SP	CA-1(A)-SP
CA-2	CA-2(A)
P	P(A)

(7) Subdistricts. For purposes of determining the applicability of regulations in this chapter triggered by adjacency or proximity to another zoning district, any identifiable portion of a PD governed by a distinct set of use regulations is treated as though it were a separate zoning district. If the PD or a portion of the PD is limited to those uses permitted in an expressly stated zoning district, the PD or portion of the PD is treated as though it were that expressly stated zoning district; otherwise it is treated as though it were:

(A) a TH-3(A) zoning district if it is restricted to single family and/or duplex uses;

(B) an MF-2(A) zoning district if it is restricted to residential uses not exceeding 36 feet in height and allows multifamily uses;

(C) an MF-3(A) zoning district if it is restricted to residential uses and allows multifamily uses exceeding 36 feet in height; or

(D) a nonresidential zoning district if it allows a nonresidential use.

(8) Residential proximity slope.

(A) The residential proximity slope defined in Section 51A-4.412 governs development in a PD only to the extent set forth in the height regulations of the PD ordinance.

(B) Pursuant to Resolution No. 87-2319, the city council may authorize exceptions to the residential proximity slope by establishing PD’s in high-intensity commercial growth nodes, as described in the city’s growth policy plan, in order to accomplish objectives such as transit ridership or residential development, or to achieve other economic or development objectives.

(b) PD preapplication conference.

(1) An applicant for a PD shall request a preapplication conference with the director.

(2) At the preapplication conference, the applicant shall provide a sketch plan that includes, but is not limited to, the following information: proposed land uses, density, approximate gross square footage of nonresidential uses, access, projected height, topography, and significant environmental features.

(3) Based on the information provided by the applicant, the director shall:

(A) provide initial comments concerning the merits of the proposed development;

(B) state what information must be provided in the site plan application for a complete review of the proposed development; and

(1) The applicant for a PD shall comply with the zoning amendment procedure for a change in the zoning district classification.

(2) At the time of applying for a change in zoning district classification, an applicant shall submit:

(A) a site analysis in accordance with Subsection (d); and

(B) a development plan in accordance with Subsection (e).

(3) The applicant may initially submit a conceptual plan in accordance with Subsection (f) instead of a development plan if the conceptual plan provides sufficient information for the city plan commission and city council to act on the PD application. If the applicant initially submits a conceptual plan, the applicant shall submit a complete development plan that complies with the conceptual plan and the conditions of the PD ordinance, and that must be approved by the city plan commission before the issuance of a building permit. If the city plan commission disapproves the development plan, the applicant may appeal the decision to the city council.

(4) An applicant may also be required to submit a development schedule in accordance with Subsection (g).

(d) Site analysis.

(1) The site analysis must be prepared on a topography base map with one-foot, two-foot, or five-foot contour intervals, and must describe existing natural features and physical improvements by including the following items:

(A) Location of flood plains, water bodies, creeks, marshes, drainage areas, trees near proposed construction activity (including caliper, common name, and scientific name [trees in close proximity that all have a caliper of less than eight inches may be designated as a “group of trees” with only the number noted]), rock outcroppings, important view corridors of scenic vistas and skylines, and any other significant natural features.

(B) Location, identification, and dimensions of all existing public and private easements.

(D) Identification of land uses, cemeteries, and historic landmarks on and adjacent to the site.

(E) Location of existing structures within the site and the improvements to be retained.

(F) A site location map on a smaller scale showing major circulation routes and other landmarks that would aid in the location of the site.

(2) If the director determines that the site analysis or one or more of the items listed in Paragraph (1) is not necessary to allow for a complete review of the proposed development, the director shall waive the requirement that the site analysis or the item(s) be provided. In making this determination, the director shall consider the existing topography, conditions, and natural features of the site.

(e) Development plan.

(1) The development plan may be on a single drawing and must clearly indicate:

(A) any proposed public or private streets and alleys;

(B) building sites;

(C) areas proposed for dedication or reserved as parks, open space, parkways, playgrounds, utility and garbage easements, school sites, street widenings, or street changes;

(D) the points of ingress and egress from existing public streets;

(E) an accurate survey of the boundaries of the site;

(F) topography of the site with one-foot, two-foot, or five-foot contour intervals, or spot grades where relief is limited;

(G) location of proposed land uses;

(H) the location of buildings and the minimum distance between buildings and between buildings and property lines, street and alley rights-of-way, and private streets;

(I) the arrangement of off-street parking and loading. This may be indicated as a ratio of off-street parking and loading area to building area if all off-street parking and loading areas are indicated for the site and there is an example that demonstrates a common feasible method of providing the off-street parking and loading;

(J) indication of any special traffic regulation facilities proposed or required;

(K) screening, landscaping, and major tree groupings to be retained if this information is essential to the proper arrangement of the development in relation to adjacent property and internal land uses;

(L) location of cemeteries and historic landmarks;

(M) location of flood plains, water bodies, creeks, marshes, drainage areas, conservation areas, tree groupings, and any other significant natural features to be preserved during development;

(N) location of all major natural or man-made surface drainage features; and

(O) indication of each phase of development if separate phases are proposed.

(2) If the director determines that the items in Subparagraphs (F), (G), (J), or (O) are not necessary to allow for a complete review of the proposed development, the director shall waive the requirement that the item(s) be provided. In making this determination, the director shall consider the existing conditions of the property and the extent of the changes necessitated by the proposed development. The director shall notify the city plan commission of any items that have been waived.

(3) The city plan commission may require elevations and perspective drawings for buildings more than 12 feet in height that are not to be used for single family or duplex uses.

(4) The applicant shall submit a legal instrument establishing a plan for the use and permanent maintenance of any area or lot that is to be entirely devoted to open space that is not part of a building site before the development plan may be approved. The legal instrument must be approved by the city attorney as to legal form, and by the city plan commission as to the suitability for the proposed use of the open space.

(f) Conceptual plan. The conceptual plan must indicate:

(1) topography of the site with one-foot, two-foot, or five-foot contour intervals, or spot grades where relief is limited;

(2) location of significant natural features to be preserved during development;

(3) location of cemeteries and historic landmarks;

(4) the location of all land use areas showing the gross acreage for each use or category of use, maximum lot coverage, net residential densities, floor area ratio for each use or category of use, and the approximate floor area for all nonresidential uses;

(5) delineation of all undeveloped areas to be conserved as open space;

(6) identification of all areas to be dedicated to the city and areas designated as common areas;

(7) indication of maximum heights for all structures in feet and stories;

(8) location of required screening and buffer areas between the site and adjacent property and between land uses within the site;

(9) location of minimum building setbacks along the site boundaries, on dedicated streets, and between residential and nonresidential uses;

(10) identification of major access points and rights-of-way to be dedicated to the city; and

(11) indication of each phase of development if separate phases are proposed.

(g) Development schedule.

(1) The applicant for a PD shall, if the applicant desires or the city plan commission or city council requires, submit a development schedule indicating the date on which construction is to begin and the rate of development until completion. A city council approved development schedule must be included in the ordinance establishing the PD.

(2) If the applicant fails to meet the development schedule, the commission may call a public hearing to determine the proper zoning district classification for all or part of the PD.

(3) The applicant may apply to the city plan commission for an extension of the development schedule. If the city plan commission denies the extension, the applicant may appeal the decision to the city council.

(4) When a development schedule extends for more than one year, the building official shall annually report to the city plan commission the actual development in the PD compared with the development schedule.

(h) Amendments to the development plan.

(1) Purpose and scope. The minor amendment process allows flexibility as necessary to meet the contingencies of development. Amendments that do not qualify as minor amendments must be processed as a zoning amendment. Minor amendments are limited to minor changes in the development plan that otherwise comply with the PD ordinance and do not:

(A) alter the basic relationship of the proposed development to adjacent property;

(B) increase a height shown on the original development plan by more than 10 percent or 12 feet, whichever is less, provided there is no increase in the number of habitable stories or parking levels above grade;

(C) decrease the amount of off-street parking spaces shown on the original development plan so as to create a traffic hazard or traffic congestion or fail to provide adequate parking; or

(D) reduce building setbacks at the boundary of the site shown on the original development plan.

(2) Determination of procedure. Upon receipt of an application, the director shall determine if the proposed amendments are minor amendments and, if so, whether the proposed amendments are to be reviewed under the director procedure, the city plan commission procedure, or the public notice procedure.

(A) Director procedure. The director may forward any application to the city plan commission for review. The director may, however, approve minor amendments to a development plan without the notification described in Section 51A-1.105(k) if:

(i) the purpose of the amendment is to bring the request area into compliance with screening requirements; or

(ii) the proposed development plan:

(aa) does not have residential adjacency;

(bb) does not increase enclosed floor area from that allowed on the original develop ment plan;

(cc) does not increase structure height from that allowed on the original development plan;

(dd) does not change uses from those allowed on the original development plan;

(ee) does not permit access to a street for which no ingress or egress point was previously shown; and

(ff) does not reduce designated perimeter buffer area or designated open space.

The director shall notify the city plan commission of all applications for minor amendments eligible for approval under the director procedure.

(B) City plan commission procedure. The city plan commission may approve a minor amendment to a development plan without the notification described in Section 51A-1.105(k) if the proposed development plan:

(i) does not have residential adjacency;

(ii) does not change uses from those allowed on the original development plan; and

(iii) does not reduce designated perimeter buffer area or designated open space.

(C) Public notice procedure. Minor amendments that do not qualify for the director procedure or the city plan commission procedure must be reviewed under the public notice procedure. The notification described in Section 51A-1.105(k) is required.

(3) “Original development plan.” For purposes of this subsection, “original development plan” means the earliest approved development plan that is still in effect, and does not mean a later amended development plan. For example, if a development plan was approved with the planned development district and then amended through the minor amendment process, the original development plan would be the development plan approved with the planned development district, not the development plan as amended through the minor amendment process. If, however, the development plan approved with the planned development district was replaced through the zoning amendment process, then the replacement development plan becomes the original development plan. The purpose of this definition is to prevent the use of several sequential minor amendments to circumvent the zoning amendment process.

(4) Residential adjacency. For purposes of this subsection, a request site has residential adjacency if the portion of the development plan being amended is within 200 feet of:

(A) a lot in an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-2, or MF-2(A) district; or

(B) an area of planned development district that:

(i) is restricted to uses permitted in R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-2, or MF-2(A) districts; and

(ii) has a height restriction of 40 feet or less.

A request site does not have residential adjacency if the request site is separated from the areas listed Subparagraphs (i) and (ii) above by a street that measures 65 feet or more in width.

(5) Appeals.

(A) Director procedure. An applicant may appeal the decision of the director to the city plan commission. An appeal must be requested in writing within 10 days after the decision of the director. The proposed minor amendment must then follow the city plan commission procedure.

(B) City plan commission procedure. An applicant may appeal the decision of the city plan commission to the city council. An appeal must be requested in writing within 10 days after the decision of the city plan commission. City council shall decide whether the city plan commission erred, using the same standards that city plan commission used. Appeal to the city council is the final administrative remedy available.

(C) Public notice procedure. An applicant or owner of real property within the notification area may appeal the decision of the city plan commission to the city council. An appeal must be requested in writing within 10 days after the decision of the city plan commission. City council shall decide whether the city plan commission erred, using the same standards that the city plan commission used. Appeal to the city council is the final administrative remedy available.

(i) Amendments to the landscape plan.

(1) Purpose and scope. The minor amendment process allows flexibility as necessary to meet the contingencies of development. Amendments that do not qualify as minor amendments must be processed as a zoning amendment. Minor amendments are limited to minor changes in the landscape plan that otherwise comply with the PD ordinance and do not:

(A) reduce the perimeter landscape buffer strip shown on the original landscape plan;

(B) detrimentally affect the original landscape plan’s aesthetic function relative to adjacent right-of-way or surrounding property; or

(A) Director procedure. The director may forward any application to the city plan commission for review. The director may, however, approve minor amendments to a landscape plan without the notification described in Section 51A-1.105(k) if:

(i) the proposed minor amend ments are necessary to keep landscaping from interfering with service provided by a public utility or state regulated entity for the transmission of power, fuel, water, or communication services; or

(ii) the proposed landscape plan:

(aa) does not change the landscape plan within 25 feet of a property line with residential adjacency;

(bb) does not reduce the number of trees or amount of plan materials in a landscape buffer area (locations and types of trees or plant materials may be altered if the screening and aesthetic function of the buffer area is not affected);

(cc) does not reduce the number of trees or amount of plant materials within 25 feet of a street right-of-way; and

(dd) does not reduce the number of trees, plant materials, or landscape points on the site.

The director shall notify the city plan commission of all applications for minor amendments eligible for approval under the director procedure.

(B) City plan commission procedure. The city plan commission may approve a minor amendment to a landscape plan without the notification described in Section 51A-1.105(k) if the proposed landscape plan does not change the landscape plan within 25 feet of a property line with residential adjacency.

(3) “Original landscape plan.” For purposes of this subsection, “original landscape plan” means the earliest approved landscape plan that is still in effect, and does not mean a later amended landscape plan. For example, if a landscape plan was approved with the planned development district and then amended through the minor amendment process, the original landscape plan would be the landscape plan approved with the planned development district, not the landscape plan as amended through the minor amendment process. If, however, the landscape plan approved with the planned development district was replaced through the zoning amendment process, then the replacement landscape plan becomes the original landscape plan. The purpose of this definition is to prevent the use of several sequential minor amendments to circumvent the zoning amendment process.

(4) Residential adjacency. For purposes of this subsection, a request site has residential adjacency if the portion of the landscape plan being amended is within 200 feet of:

(A) a lot in an R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-2, or MF-2(A) district; or

(B) an area of a planned development district that:

(i) is restricted to uses permitted in R, R(A), D, D(A), TH, TH(A), CH, MF-1, MF-1(A), MF-2, or MF-2(A) districts; and

(ii) has a height restriction of 40 feet or less.

A request site does not have residential adjacency if the request site is separated from the areas listed Subparagraphs (i) and (ii) above by a street that measures 65 feet or more in width.

(5) Appeals.

(C) Public notice procedure. An applicant or owner of real property within the notification area may appeal the decision of the city plan commission to the city council. An appeal must be requested in writing within 10 days after the decision of the city plan commission. City council shall decide whether the city plan commission erred, using the same standards that city plan commission used. Appeal to the city council is the final administrative remedy available. (Ord. Nos. 19455; 19786; 20037; 20496; 21243; 22053; 23997; 24232; 24637; 26730; 27404; 28367; 28553; 30808; 31688 )

SEC. 51A-4.703. BOARD OF ADJUSTMENT HEARING PROCEDURES.

(a) Initiation.

(1) Authorized public hearings. The board may authorize a public hearing on issues within the board’s jurisdiction. A board authorized public hearing must comply with the procedures in this section. 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 board 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 board will consider authorization of a public hearing.

(2) Appeals of decisions of administrative officials. Parties listed in Subparagraphs (A) and (B) may appeal a decision of an administrative official to the board when that decision concerns issues within the jurisdiction of the board. For purposes of this section, “administrative official” means that person within a city department having the final decision- making authority within the department relative to the zoning enforcement issue.

(A) For a decision made by an administrative official that is not related to a specific application, address, or project, the following persons may appeal to the board:

(i) a person aggrieved by the decision; or

(ii) any officer, department, or board of the city affected by the decision.

(B) For a decision made by an administrative official that is related to a specific application, address, or project, the following persons may appeal to the board:

(i) a person who:

(aa) filed the application that is the subject of the decision;

(bb) is the owner or representative of the owner of the property that is the subject of the decision; or

(cc) is aggrieved by the de- cision and is the owner of real property within 200 feet of the property that is the subject of the decision; or

(ii) any officer, department, or board of the city affected by the decision.

(D) The appellant shall file with the official a written notice of appeal on a form approved by the board.

(E) The official shall forward the notice of appeal and the record upon which the appeal is based to the director.

(b) Appeal stays all proceedings.

(1) An appeal to the board stays all enforcement proceedings involving the action appealed from unless the official appealed from certifies in writing to the board facts supporting the official’s opinion that a stay would cause imminent peril to life or property.

(2) If the official makes such a finding, enforcement proceedings will be stayed only if, after notice to the official, the board or a court of record, upon a finding of due cause, issues a restraining order.

(1) The board shall hold a public hearing on all applications.

(2) The director shall send written notice of a public hearing to the applicant and all owners of real property located within 200 feet, including streets and alleys, from the boundary of the area upon which the request is made. The notice must be given not less than 10 days before the day set for the 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 city 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.

(3) The director shall give notice of the time and place of the public hearing in the official newspaper of the city at least 10 days before the hearing.

(d) Board action.

(1) The applicant has the burden of proof to establish the necessary facts to warrant favorable action of the board.

(2) Cases must be heard by a minimum of 75 percent of the members of a board panel. The concurring vote of 75 percent of the members of a panel is necessary to:

(A) reverse an order, requirement, decision, or determination of an administrative official involving the interpretation or enforcement of the zoning ordinance;

(B) decide in favor of an applicant on a matter on which the board is required to pass under state law, the city charter, or city ordinances; or

(3) The board shall decide an appeal of a decision of administrative official at the next meeting for which notice can be provided following the hearing and not later than the 60th day after the appeal date is filed. The board shall have all the powers of the administrative official on the action appealed from. The board may in whole or in part affirm, reverse, or amend the decision of the official.

(4) The board may impose reasonable conditions in its order to be complied with by the applicant in order to further the purpose and intent of this chapter.

(5) The decision of the board does not set a precedent. The decision of the board must be made on the particular facts of each case.

(6) The applicant shall file an application for a building permit or certificate of occupancy within 180 days from the date of the favorable action of the board, unless the applicant files for and is granted an extended time period prior to the expiration of the 180 days. The filing of a request for an extended time period does not toll the 180 day time period. If the applicant fails to file an application within the time period, the request is automatically denied without prejudice, and the applicant must begin the process to have his request heard again.

(e) Two year limitation.

(1) Except as provided below, after a final decision is reached by the board, no further request on the same or related issues may be considered for that property for two years from the date of the final decision.

(2) If the board renders a final decision of denial without prejudice, the two year limitation is waived.

(3) The applicant may apply for a waiver of the two year limitation in the following manner:

(A) The applicant shall submit his request in writing to the director. The director shall inform the applicant of the date on which the board will consider the request and shall advise the applicant of his right to appear before the board.

(B) The board may waive the two year time limitation if there are changed circumstances regarding the property sufficient to warrant a new hearing. A simple majority vote by the board is required to grant the waiver. If a rehearing is granted, the applicant shall follow the process outlined in this section. (Ord. Nos. 19455; 20926; 22254; 22389; 22605; 25047; 27892; 28073; 31606)

SEC. 51A-4.704. NONCONFORMING USES AND STRUCTURES.

(a) Compliance regulations for nonconforming uses. It is the declared purpose of this subsection that nonconforming uses be eliminated and be required to comply with the regulations of the Dallas Development Code, having due regard for the property rights of the persons affected, the public welfare, and the character of the surrounding area.

(1) Amortization of nonconforming uses.

(A) Request to establish compliance date. The city council may request that the board of adjustment consider establishing a compliance date for a nonconforming use. In addition, any person who resides or owns real property in the city may request that the board consider establishing a compliance date for a nonconforming use. Upon receiving such a request, the board shall hold a public hearing to determine whether continued operation of the nonconforming use will have an adverse effect on nearby properties. If, based on the evidence presented at the public hearing, the board determines that continued operation of the use will have an adverse effect on nearby properties, it shall proceed to establish a compliance date for the nonconforming use; otherwise, it shall not.

(B) Factors to be considered. The board shall consider the following factors when determining whether continued operation of the nonconforming use will have an adverse effect on nearby properties:

(i) The character of the surrounding neighborhood.

(ii) The degree of incompatibility of the use with the zoning district in which it is located.

(iii) The manner in which the use is being conducted.

(iv) The hours of operation of the use.

(v) The extent to which continued operation of the use may threaten public health or safety.

(vi) The environmental impacts of the use’s operation, including but not limited to the impacts of noise, glare, dust, and odor.

(vii) The extent to which public disturbances may be created or perpetuated by continued operation of the use.

(viii) The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use.

(ix) Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties.

(C) Finality of decision. A decision by the board to grant a request to establish a compliance date is not a final decision and cannot be immediately appealed. A decision by the board to deny a request to establish a compliance date is final unless appealed to state court within 10 days in accordance with Chapter 211 of the Local Government Code.

(D) Determination of amortization period.

(i) If the board determines that continued operation of the nonconforming use will have an adverse effect on nearby properties, it shall, in accordance with the law, provide a compliance date for the nonconforming use under a plan whereby the owner’s actual investment in the use before the time that the use became nonconforming can be amortized within a definite time period.

(ii) The following factors must be considered by the board in determining a reasonable amortization period:

(aa) The owner’s capital investment in structures, fixed equipment, and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the use became nonconforming.

(bb) Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages.

(cc) Any return on investment since inception of the use, including net income and depreciation.

(dd) The anticipated annual recovery of investment, including net income and depreciation.

(E) Compliance requirement. If the board establishes a compliance date for a nonconforming use, the use must cease operations on that date and it may not operate thereafter unless it becomes a conforming use.

(F) For purposes of this paragraph, “owner” means the owner of the nonconforming use at the time of the board’s determination of a compliance date for the nonconforming use.

(2) The right to operate a nonconforming use ceases if the nonconforming use is discontinued for six months or more. The board may grant a special exception to this provision only if the owner can show that there was a clear intent not to abandon the use even though the use was discontinued for six months or more.

(3) Reserved.

(4) The right to operate a nonconforming use ceases when the use becomes a conforming use. The issuance of an SUP does not confer any nonconforming rights. No use authorized by the issuance of an SUP may operate after the SUP expires.

(5) The right to operate a nonconforming use ceases when the structure housing the use is destroyed by the intentional act of the owner or his agent. If a structure housing a nonconforming use is damaged or destroyed other than by the intentional act of the owner or his agent, a person may restore or reconstruct the structure without board approval. The structure must be restored or reconstructed so as to have the same approximate height, floor area, and location that it had immediately prior to the damage or destruction. A restoration or reconstruction in violation of this paragraph immediately terminates the right to operate the nonconforming use.

(6) The nonconformity of a use as to parking, loading, or an “additional provision” (except for a requirement that a use be located a minimum distance from a structure, use, or zoning district) in Division 51A-4.200 does not render that use subject to the regulations in this subsection.

(b) Changes to nonconforming uses.

(1) Changing from one nonconforming use to another. The board may allow a change from one nonconforming use to another nonconforming use when, in the opinion of the board, the change is to a new use that:

(A) does not prolong the life of the nonconforming use;

(B) would have been permitted under the zoning regulations that existed when the current use was originally established by right;

(D) will not have an adverse effect on the surrounding area.

(2) Remodeling a structure housing a nonconforming use. A person may renovate, remodel, or repair a structure housing a nonconforming use if the work does not enlarge the nonconforming use. A person may renovate, remodel, or repair a structure housing a nonconforming tower/antenna for cellular communication use if the modification does not substantially change the physical dimensions of the structure housing the nonconforming tower/antenna for cellular communication use. A modification substantially changes the physical dimensions if it meets the criteria listed in 47 C.F.R. §1.40001(b)(7), as amended.

(3) Accessory structure for a nonconforming residential use. An accessory structure for a nonconforming residential use may be constructed, enlarged, or remodeled in accordance with the requirements of Sections 51A-4.209(b)(6)(E)(vii) and 51A-4.217(a) without board approval.

(4) Nonconformity as to parking or loading.

(A) Increased requirements. A person shall not change a use that is nonconforming as to parking or loading to another use requiring more off-street parking or loading unless the additional required off-street parking and loading spaces are provided.

(B) Delta theory. In calculating required off-street parking or loading, the number of nonconforming parking or loading spaces for a use may be carried forward when the use is converted or expanded. Nonconforming rights as to parking or loading are defined in the following manner:

Required parking or loading for existing use

- Number of existing parking or loading spaces for existing use

Nonconforming rights as to parking or loading.

(C) Decreased requirements. When a use is converted to a new use having a lesser parking or loading requirement, the rights to any portion of the nonconforming parking or loading that are not needed to meet the new requirements are lost.

(5) Enlargement of a nonconforming use.

(A) In this subsection, enlargement of a nonconforming use means any enlargement of the physical aspects of a nonconforming use, including any increase in height, floor area, number of dwelling units, or the area in which the nonconforming use operates.

(B) The board may allow the enlargement of a nonconforming use when, in the opinion of the board, the enlargement:

(i) does not prolong the life of the nonconforming use;

(ii) would have been permitted under the zoning regulations that existed when the nonconforming use was originally established by right; and

(iii) will not have an adverse effect on the surrounding area.

(D) A nonconforming tower/antenna for cellular communication use may be enlarged without board approval if the modification enlarging the nonconforming tower/antenna for cellular communication does not substantially change the physical dimensions of the nonconforming tower/ antenna for cellular communication use. A modification substantially changes the physical dimensions if it meets the criteria listed in 47 C.F.R. §1.40001(b)(7), as amended.

(1) Except as provided in Subsection (c)(2), a person may renovate, remodel, repair, rebuild, or enlarge a nonconforming structure if the work does not cause the structure to become more nonconforming as to the yard, lot, and space regulations.

(2) The right to rebuild a nonconforming structure ceases if the structure is destroyed by the intentional act of the owner or the owner’s agent.

(3) A person may, without board approval, cause a structure to become nonconforming as to the yard, lot, and space regulations by converting the use of the structure, except that no person may convert its use to a residential use or to one of the nonresidential uses listed below:

-- Airport or landing field.

-- Animal production.

-- Commercial amusement (inside).

-- Commercial amusement (outside).

-- Country club with private membership.

-- Crop production.

-- Drive-in theater.

-- Dry cleaning or laundry store.

-- General merchandise or food store 3,500 square feet or less.

-- General merchandise or food store greater than 3,500 square feet.

-- Helicopter base.

-- Heliport.

-- Helistop.

-- Nursery, garden shop, or plant sales.

-- Personal service use.

-- Private recreation center, club, or area.

-- Public park, playground, or golf course.

-- Restaurant without drive-in or drive-through service.

-- Restaurant with drive-in or drive-through service.

-- Sand, gravel, or earth sales and storage.

-- Sanitary landfill.

-- STOL (short takeoff or landing) port.

-- Stone, sand, or gravel mining.

-- Temporary construction or sales office.

-- Theater.

-- Transit passenger shelter.

The board may grant a special exception to this provision if the board finds that the conversion would not adversely affect the surrounding properties.

(4) A person may renovate, remodel, repair, rebuild, or enlarge that portion of a nonconforming structure supporting a tower/antenna for cellular communication without board approval if the modification does not substantially change the physical dimensions of the tower or base station. A modification substantially changes the physical dimensions if it meets the criteria listed in 47 C.F.R. §1.40001(b)(7), as amended. (Ord. Nos. 19455; 19786; 20307; 20412; 21553; 22412; 25092; 26511; 29984)

SEC. 51A-4.705. ANNEXED TERRITORY TEMPORARILY ZONED.

(a) All territory annexed to the city is temporarily classified as an agricultural district until permanent zoning district designations are given to the area by the city council.

(b) The procedure for establishing the permanent zoning for annexed territory is the same as provided for zoning amendments.

(c) In an area temporarily classified as an agricultural district, the building official may issue building permits and certificate of occupancy for any use permitted in an agricultural district.

(d) Before permanent zoning is adopted, the building official may issue a building permit and certificate of occupancy for a use other than those permitted in the agricultural district in annexed territory upon approval of the city council in accordance with the following procedure:

(1) The applicant must submit to the building official an application including:

(A) a statement of the use contemplated;

(B) a plat showing the location and size of the lot or tract of land proposed to be used; and

(2) The building official shall forward this application to the city plan commission.

(3) The city plan commission shall make its recommendation concerning the application to the city council after considering the land use plan for the area in question. The recommendation of the commission is advisory only, and the city council may grant or deny the application as the facts may justify.

(4) Upon approving an application for a use other than permitted in an agricultural district, the city council shall by ordinance instruct the building official to issue building permits and certificates of occupancy for those uses authorized. (Ord. 19455)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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