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In this article, unless the context requires otherwise:
(1) ACTIVE USE means a use allowed in the applicable district other than parking.
(2) APARTMENT means a development type as defined in Section 51A-13.304, “Development Types.”
(3) ATTIC STORY means habitable or uninhabitable space within a building situated within the structure of a pitched roof and above the uppermost regular story.
(4) BAIL BONDS means a business that acts as a surety and pledges money or property as bail for the appearance of a criminal defendant in court.
(5) BLANK WALL AREA means any portion of the exterior of a building that does not include a material change, windows or doors, or columns, pilasters, or other articulation greater than 12 inches in depth. Blank wall area is measured horizontally on each story.
(5.1) BLOCKFACE means all lots on one side of a street between two consecutive intersections, measured along the inner edges of each street right-of-way or pedestrian passage.
(5.2) BUILDABLE ENVELOPE means the three dimensional form within which the horizontal and vertical elements of a structure must be built to comply with the use and placement requirements and the height and elements requirements in Section 51A-13.304 for each development type.
(6) CHECK CASHING means a business that provides check cashing, payday cash advance, payroll advance, short-term cash loan, instant payday cash advance, and short-term money loan services to individuals for a specified fee.
(7) CIVIC BUILDING means a development type as defined in Section 51A-13.304, “Development Types.”
(8) DEVELOPMENT TYPE means a development type defined by its form and function in Section 51A-13.304, “Development Types.”
(9) DISTRICT PARKING SPACE means a parking space in a parking management overlay.
(10) DOOR YARD means the area between the edge of the sidewalk furthest from the street and the front building facade.
(11) DROP-IN DAY CARE CENTER means a facility providing child care for children, none of whom are related to the primary caregiver, for short periods of time. An individual child may receive care in excess of four hours per day, but may not receive care in excess of a total of 20 hours per week.
(12) GENERAL COMMERCIAL means a development type as defined in Section 51A-13.304, “Development Types.”
(13) GROUND STORY means the story closest to and above grade along the street.
(14) HALF (½) STORY means an attic story.
(15) HARDSCAPE means paving with concrete, stamped concrete, pavers, or other similar materials, including permeable materials approved by the building official.
(15.1) HORIZONTAL FACADE ARTICULATION means the interval on a primary or side street facing facade that differentiates the ground story, upper story, and each additional upper story as applicable. Horizontal facade articulation includes, but is not limited to, overhangs, shadow lines, change in material, color, pattern, texture, or any variation of treatments that simulate individual stories.
(16) MANOR HOUSE means a development type as defined in Section 51A-13.304, “Development Types.”
(17) MASSAGE PARLOR means any building, room, place, or establishment, other than a regularly licensed hospital, where manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed physician or chiropractor whether with or without the use of mechanical, therapeutic, or bathing devices, including Turkish bathhouses. This use does not include duly licensed beauty parlors or barbershops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operated only under the physician’s direction.
(18) MIXED USE PROJECT means a development on one building site with a combination of residential, civic, place of worship, office, retail, service and entertainment, commerce, or fabrication uses.
(19) MIXED USE SHOPFRONT means a development type as defined in Section 51A-13.304, “Development Types.”
(20) OPEN SPACE LOT means a development type as defined in Section 51A-13.304, “Development Types.”
(21) PRIMARY STREET means the principal frontage for a building site, as defined during site plan review. Any street designated with a -SH overlay is a primary street.
(22) REGULATING PLAN means a plan described in Division 51A-13.700, “Administration.”
(23) SERVICE STREET means a service street designated on a regulating plan or site plan.
(24) SIDE STREET means a frontage that is not a primary street, as defined during site plan review.
(25) SINGLE-FAMILY HOUSE means a development type as defined in Section 51A-13.304, “Development Types.”
(26) SINGLE-STORY SHOPFRONT means a development type as defined in Section 51A-13.304, “Development Types.”
(27) SITE PLAN means a site plan as required in Section 51A-13.703, “Site Plan Review.”
(28) STACKED TOWNHOUSE means Townhouse Stacked.
(29) STREET FRONTAGE means that portion of a building that must be located within the required setback area, expressed as a percentage of lot width.
(30) STREETSCAPE means the area between back of curb and the face of a building, including the planting zone, sidewalk, and door yard.
(31) TATTOO OR BODY PIERCING SHOP means a business which produces an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment and a facility where the piercing of body parts, other than ears, is performed for purposes of allowing the inser- tion of jewelry.
(32) TOWNHOUSE means a development type as defined in Section 51A-13.304, “Development Types.”
(33) TOWNHOUSE STACKED means a development type as defined in Section 51A-13.304, “Development Types.”
(34) TRANSPARENCY means the total area of window and door opening filled with glass, expressed as a percentage of the total facade area by story, except that structured parking transparency is not required to be filled with glass.
(35) UPPER STORY means any story above the ground story.
(Am. Ord. 29827, passed 8-15-15; Am. Ord. 30889, passed 6-13-18)
(a) Walkable Urban Mixed Use (WMU-3,-5,-8,-12,-20,-40).
(1) The Walkable Urban Mixed Use (WMU) districts are intended to accommodate a mix of compatible uses in close proximity to one another in a pedestrian-friendly environment.
(2) The WMU districts are divided into three intensities: low (WMU-3, -5); medium (WMU-8, -12); and high (WMU-20, -40).
(3) The WMU districts are intended to accommodate a limited set of development types. (See Section 51A-13.304(a)(1), “Development Types by District.”)
(4) Parcels of any size are eligible for a WMU district. There is no minimum acreage required for an application for WMU zoning. The WMU districts are intended for locations where a sufficient critical mass of dense, walkable urban mixed use development exists or is definitely planned. This critical mass is present when:
(A) the surrounding area consists of at least 40 acres of existing or defi- nitely planned WMU or WR zoning, high density multifamily zoning, multiple use zoning, or planned development zoning with equivalent characteristics;
(B) the surrounding area consists of at least 25 acres proposed by an adopted area plan pursuant to forwardDallas! for WMU or WR zoning, high density multifamily zoning, multiple use zoning, or planned development zoning with equivalent characteristics; or
(C) the applicant demonstrates that the surrounding area is at least 25 acres and is or will be a mix of dense residential, commercial, and other uses that will achieve the intent of this article for increased walkability, reduced vehicular trip generation, and reduced parking demand.
(5) The WMU districts are intended for use in the vicinity of rail transit stations, immediately adjacent to the Central Business District, and in the 23 study areas of the Trin- ity River Comprehensive Plan. These districts are also appropriate for major job centers and concentrations of multifamily housing where an area plan pursuant to forwardDallas! has been adopted.
(b) Walkable Urban Residential (WR-3,-5,-8,-12,-20,-40).
(1) The Walkable Urban Residential (WR) districts are intended to create residential neighborhoods with mixed housing options in a pedestrian-friendly environment.
(2) The WR districts are divided into three intensities: low (WR-3, -5); medium (WR-8, -12); and high (WR-20, -40).
(3) The WR districts are intended to accommodate a limited set of development types. (See Section 51A-13.304(a)(1), “Development Types by District.”)
(4) Parcels of any size are eligible for a WR district. There is no minimum acre- age required for an application for WR zoning. The WR districts are intended for locations where a sufficient critical mass of dense, walkable urban mixed use development exists or is definitely planned. This critical mass is present when:
(A) the surrounding area consists of at least 40 acres of existing or defi- nitely planned WMU or WR zoning, high density multifamily zoning, multiple use zoning, or planned development zoning with equivalent characteristics;
(B) the surrounding area consists of at least 25 acres proposed by and is part of an adopted area plan pursuant to forwardDallas! for WMU or WR zoning, high density multifamily zoning, multiple use zoning, or planned development zoning with equivalent characteristics; or
(C) the applicant demonstrates that the surrounding area is at least 25 acres and is or will be a mix of dense residential, commercial, and other uses that will achieve the intent of this article for increased walkability, reduced vehicular trip generation, and reduced parking demand.
(5) The WR districts are intended for use in the vicinity of rail transit stations, im- mediately adjacent to the Central Business District, and in the 23 study areas of the Trinity River Comprehensive Plan. These districts are also appropriate for major job centers and concentrations of multifamily housing where an area plan pursuant to forwardDallas! has been adopted.
(c) Residential Transition (RTN).
(1) The Residential Transition (RTN) district provides single-family and duplex living intended to serve as a land use transition between the more intense WMU or WR districts and established single-family neighborhoods. The RTN district may be a stand- alone district.
(2) The RTN district is a low intensity district.
(3) This RTN district is intended to accommodate a limited set of development types with up to two dwelling units per lot. (See Section 51A-13.304(a)(1), “Development Types by District.”)
(4) The RTN district must be applied as a buffer of at least half a block in depth between a proposed WMU or WR district that abuts or is across an adjoining alley or minor street from any single family neighborhood.
(d) Shopfront Overlay (-sh).
(1) The Shopfront (-SH) overlay is intended to create pedestrian shopping streets through the designation of specific street frontages with development types that support active uses.
(2) The -SH overlay may be applied over any WMU or WR district.
(3) The -SH overlay is intended to accommodate a limited set of development types. (See Section 51A-13.304(a)(1), “Development Types by District.”)
(4) Where a -SH overlay designation has been applied to a WMU or WR district, the standards for a mixed use or single-story shopfront development type apply to at least the first 30 feet of the building measured inward from the street-facing facade. In a WR district, uses allowed by the -SH overlay that are not allowed in a WR district may extend no more than the first 50 feet of the building measured inward from the street-facing facade.
(5) Any street designated with a -SH overlay is a primary street.
(6) The boundaries of a -SH overlay are not required to follow lot lines or match parcel boundaries.
(7) A shopfront overlay may be designated internal to a site in anticipation of a planned public or private street.
(e) Height Map Overlay (-HM).
(1) Purpose.
The height map (-HM) overlay is intended to modify the height requirements in the underlying zoning district. The -HM overlay may also be used to address the potential tunnel effect of tall buildings along roadway corridors.
(2) In General.
The boundaries of a -HM overlay are not required to follow lot lines or match parcel boundaries.
(3) Height Modifications Required.
(A) Reduction of Maximum Height.
The -HM overlay may reduce the maximum height in any district.
(B) Increase of Maximum Height.
The -HM overlay may increase the maximum height in the WMU-40 and WR-40 districts.
(4) Reduction of Minimum Height Prohibited.
An -HM overlay may not be used to reduce the minimum height provisions of Section 51A-13.302(b).
(f) Parking Management Overlay (-PM).
(1) The Parking Management (-PM) overlay is intended to:
(A) address parking needs within a designated area on an area-wide basis rather than on a parcel-by-parcel basis;
(B) establish a parking management program to achieve the most efficient use of available parking facilities within a designated area;
(C) reduce traffic congestion and parking shortages; and
(D) encourage joint-use parking facilities.
(2) The city council may establish a -PM overlay in accordance with Section 51A-13.410, “Parking Management Overlay (-PM).”
(a) Maximum District Height.
(1) Height within a WMU, WR, or RTN district cannot exceed the maximum height limit below (in feet or stories), except as otherwise provided in this section.
Intensity | District | Height in Stories (max) | Height in Feet (max) |
Intensity | District | Height in Stories (max) | Height in Feet (max) |
LOW | RTN | 2½ | 35 |
WMU-3, WR-3 | 3½ | 50 | |
WMU-5, WR-5 | 5 | 80 | |
MEDIUM | WMU-8, WR-8 | 8 | 125 |
WMU-12, WR-12 | 12 | 180 | |
HIGH | WMU-20, WR-20 | 20 | 300 |
WMU-40, WR-40 | 40 | 600 | |
(2) Single-story shopfront, townhouse stacked, townhouse, manor house, and single-family house development types have maximum height limits that may be lower than the district height limits. (See Section 51A-13.304, “Development Types.”)
(3) Maximum height may be reduced by a -HM overlay.
(4) Height greater than 40 stories or 600 feet in WMU-40 or WR-40 is allowed through application of the -HM overlay.
(b) Minimum District Height.
(1) Height within a WMU, WR, or RTN district must meet or exceed the minimum requirements below (in stories), except as otherwise provided in this section.
Intensity | District | Height in Stories (min) |
Intensity | District | Height in Stories (min) |
LOW | RTN | 1 |
WMU-3, WR-3 | 1 | |
WMU-5, WR-5 | 1 | |
MEDIUM | WMU-8, WR-8 | 2 |
WMU-12, WR-12 | 2 | |
HIGH | WMU-20, WR-20 | 4 |
WMU-40, WR-40 | 5 | |
(2) Mixed use shopfront, townhouse stacked, townhouse, and manor house development types are required to be at least two stories in height regardless of the minimum district height. (See Section 51A-13.304, “Development Types.”)
(3) The minimum height provisions apply to the first 30 feet of the building measured inward from the street-facing facade on any primary or side street, except that up to 20 percent of the required street frontage may be lower than the minimum height for the district.
(4) A -HM overlay cannot be used to override the minimum height provisions of this section.
(5) No minimum height requirements apply to civic buildings or open space lots.
(c) Measurement of Height.
(1) Except as provided in this paragraph, height is measured as defined in Section 51A-2.102, “Definitions.”
(2) An attic story is considered a half-story and counts toward the calculation of maximum number of stories.
(3) A basement is not considered a story.
(4) If a ground story is more than five feet above grade, the space below that floor counts as an additional story.
(d) Story Height.
(1) Ground story height is measured from the ground story finished floor to the top of the ground story horizontal facade articulation break.
(2) Upper story height is measured from the top of the ground story horizontal facade articulation break to the top of each additional upper story horizontal facade articulation break.
(3) At least 80 percent of each story must meet the minimum and maximum ground- and upper-story height provisions.
(e) Height Exceptions.
(1) Structures accessory to utility, public service, and institutional uses may be erected to any height consistent with FAA airspace limitations, airport flight overlay district regulations, residential proximity slope height restrictions, and the building code, except that local utility and transmission and distribution lines and supporting structures are exempt from residential proximity slope height restrictions.
(2) In the RTN district, the following accessory structures may exceed the district height limits of this section provided they do not exceed the maximum district height by more than 12 feet:
(A) Amateur communications tower.
(B) Cooling tower.
(C) Clerestory.
(D) Chimney and vent stack.
(E) Elevator penthouse or bulkhead.
(F) Flagpoles.
(G) Mechanical equipment room.
(H) Ornamental cupola or dome.
(I) Parapet wall, limited to a height of four feet.
(J) Stairway access to roof.
(K) Roof top deck.
(L) Skylights.
(M) Spires and belfries.
(N) Solar panels.
(O) Tank designed to hold liquids.
(P) Visual screens surrounding roof-mounted mechanical equipment.
(Q) Wind turbines and other integrated renewable energy systems.
(f) Residential Proximity Slope.
(1) Except as provided in this subsection, no portion of a building or structure over 26 feet in height may be located above the residential proximity slope as established in Section 51A-4.412.
(2) If a parcel of land subject to a height restriction similar to the residential proximity slope in Section 51A-4.412 is rezoned to a WMU, WR, or RTN district, the city council must adopt an -HM overlay applicable to the parcel. The -HM overlay and any amendments to the overlay must provide the same height restrictions applicable to the parcel before rezoning.
(3) Form districts are not sites of origination in the application of the residential proximity slope regulations of Section 51A-4.412.
(Am. Ord. 30889, passed 6-13-18)
(a) Definitions.
(1) NET LAND AREA means gross land area minus street right-of-way.
(2) OFF-SITE OPEN SPACE means open space that is not located on the building site but is within a quarter of a mile walking distance of the property. Off-site open space may consist of parks, wildlife preserves, or any form of open space lot as described in this article.
(3) ON-SITE OPEN SPACE means the portion of a building site that is accessible to all occupants of that building site (or to the general public if dedicated as public open space) and principally open to the sky but allows for architectural elements such as colonnades, pergolas, and gazebos. The space must be a contiguous open area of not less than 10 feet in width or length.
(4) OPEN SPACE means off-site and on-site open space.
(b) Open Space Required.
At least eight percent of the net land area of a building site in a form district must be provided as open space. Compliance with this requirement must be demonstrated at the time of application for a building permit.
(c) Options For Compliance.
(1) In General.
Open space may be provided as a dedication of land to the city, as private open space, or as a combination thereof. Subject to the limitations of this section, open space may be located on-site, off-site, or both, and need not be contiguous.
(2) On-site Open Space.
(A) On-site open space may be provided at or below grade or above-ground through the use of an outside roof deck, rooftop garden, pool area, or similar type of outside common area. No more than 50 percent of the required on-site open space may be provided as door yards, colonnades, or landscaped medians. Except for emergency vehicles, on-site open space cannot be parked or driven upon.
(B) On-site open space must be landscaped in accordance with the following requirements:
(i) Plantings must comply with the general landscaping standards set forth in Section 51A-13.304(a)(2), “Landscaping.”
(ii) One large canopy tree must be provided for every 2,500 square feet of required open space area. Two small canopy trees may be substituted per re- quired large tree.
(iii) Site trees must be evenly distributed throughout the development.
(3) Fee-in-Lieu.
The open space requirement may be satisfied by the payment of a fee-in-lieu if the property that is the subject of the requirement is located within a public improve- ment district or tax increment financing district with an established open space fund. See Section 51A-10.135(c)(2) for the calculation of the fee-in-lieu amount.
(4) Credit.
A credit of up to 50 percent of the open space requirement is allowed for existing public open space within a quarter of a mile walking distance of the building site.
(d) Artifical Lot. For building sites over two acres in size, the artificial lot provisions in Section 51A-10.122 may apply.
(Am. Ord. 29827, passed 8-15-15)
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