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

(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)

SEC. 51A-4.706. RESERVED.

(Ord. 19455)

Division 51A-4.800. Development Impact Review.

SEC. 51A-4.801. PURPOSE.

The general objectives of this division are to promote and protect the health, safety, and general welfare of the public through the establishment of an administrative review procedure for certain proposed development considered likely to significantly impact surrounding land uses and infrastructure needs and demands. Development impact review should occur before the developer has completed a full set of working drawings for submission as part of an application for a building permit. As part of the review procedure, the developer may be required to submit a site plan indicating building siting and layout, buffering, landscaping, usable open space, access, lighting, loading, and other specific data. Site plan review is not intended to mandate aesthetics of design, nor is it intended to alter basic development standards such as floor area ratio, density requirements, height, setbacks, and coverage. (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.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc