(Ord. 24637)

   (a)   Applicability.

      (1)   At any time prior to March 1, 1987, an applicant for a change in zoning district classification or boundary may voluntarily elect to proceed under either this chapter or Chapter 51. The zoning procedures in this chapter automatically apply to any request for a change in zoning district classification or boundary that is formally initiated on or after March 1, 1987.

      (2)   This chapter (and not Chapter 51) automatically applies to:

         (A)   all property that is annexed into the city on or after March 1, 1987; and

         (B)   all property that is rezoned on or after March 1, 1987, if the request for the change in zoning district classification or boundary was formally initiated on or after that date.

      (3)   The passage of an ordinance granting or amending a specific use permit is not considered to be “rezoning” for purposes of this section.

   (b)   Purpose.

      (1)   In general. The regulations in this chapter have been established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and general welfare of the city in order to:

         (A)   ensure safe and efficient circulation of all modes of transportation, prioritizing transit and active transportation modes;

         (B)   secure safety from fire, flooding, and other dangers;

         (C)   provide adequate light and air;

         (D)   prevent the overcrowding of land;

         (E)   avoid undue concentration of population;

         (F)   facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements;

         (G)   promote the character of areas of the city;

         (H)   limit the uses in areas of the city that are peculiarly suitable for particular uses;

         (I)   conserve the value of buildings; and

         (J)   encourage the most appropriate use of land throughout the city.

      (2)   Compliance with FHAA. The city council intends that this chapter fully comply with the Federal Fair Housing Amendments Act of 1988 (“FHAA”) and all other applicable state and federal legislation. Residential use and district regulations in this chapter are based on the family unit as defined in Section 51A-2.102 . It is the express intent of the city council that all families as defined herein be treated alike without regard to the handicapped or non-handicapped status of individual family members, and that this chapter be construed in a manner consistent with the FHAA and all other applicable state and federal legislation at all times. (Ord. Nos. 19455; 21044; 33112 )

   (a)   Criminal prosecution.

      (1)   A person who knowingly violates any provision of this chapter is guilty of a separate offense for each day or portion of a day during which the violation is continued. Each offense is punishable by a fine of not more than $2,000 nor less than $200. The minimum fine established in this paragraph shall be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time shall the minimum fine exceed the maximum fine established in this paragraph.

      (2)   A person is criminally responsible for a violation of this chapter if:

         (A)   the person knowingly commits the violation or assists in the commission of the violation;

         (B)   the person owns part or all of the property and knowingly allows the violation to exist;

         (C)   the person is the agent of the property owner or is an individual employed by the agent or property owner; is in control of the property; knowingly allows the violation to exist; and fails to provide the property owner’s name, street address, and telephone number to code enforcement officials; or

         (D)   the person is the agent of the property owner or is an individual employed by the agent or property owner, knowingly allows the violation to exist, and the citation relates to the construction or development of the property.

      (3)   A person may not use land or a structure on land located in the city for other than those uses designated as permitted uses in accordance with the provisions of this chapter.

      (4)   It is a defense to prosecution under this chapter that a person is in compliance with an order of the board of adjustment that specifically authorizes otherwise unlawful conduct.

      (5)   It is a defense to prosecution under this chapter that a use or structure is nonconforming unless the nonconforming rights attendant to the use or structure have been lost or terminated under Section 51A-4.704.

   (b)   Civil action. This chapter may be enforced through civil court action as provided by state law.

   (c)   Utility disconnection. The building official may order city or private utilities to be disconnected upon failure to comply with this chapter or the building laws.

   (d)   Enforcement authority. This chapter may be enforced by the building official or any other representative of the city. (Ord. Nos. 19455; 19963; 20236; 20599; 26286)

   Except as provided in Section 306.1, “Use or Occupancy,” of Chapter 52, “Administrative Procedures for the Construction Codes,” a person shall not use or occupy or change the use or occupancy of a building, a portion of a building, or land without obtaining a certificate of occupancy from the building official in compliance with Section 306, “Certificate of Occupancy,” of Chapter 52, “Administrative Procedures for the Construction Codes,” of the Dallas City Code. (Ord. Nos. 19455; 21735; 22204; 24439; 26579; 29023)

   (a)   Except conservation district applications and neighborhood stabilization overlay applications, when submitting an application, the applicant must submit proof, such as a tax certificate, that property taxes and any city fees, fines, or penalties are not delinquent on the subject property. Unless such proof is submitted, the application will be considered incomplete and returned to the applicant. A waiver of this requirement may be granted by a two-thirds vote of the city council if:

      (1)   a waiver will facilitate urban redevelopment, historic conservation, or an important planning objective;

      (2)   a pending sale of the property is contingent on the zoning application, and the applicant can supply evidence, such as a contract of sale, that the taxes and any city fees, fines, or penalties will be paid at closing; or

      (3)   the applicant can demonstrate financial hardship that makes payment of taxes impossible, and approval of a waiver will improve the applicant’s ability to pay the taxes and any city fees, fines, or penalties.

   (b)   A waiver application form may be obtained from the department. The waiver application form and waiver application fee must be filed with the city secretary.

   (c)   Consideration of a waiver application under this procedure is not a consideration of the merits of the zoning application, and does not imply that the zoning application will be approved or disapproved when considered on its merits. (Ord. Nos. 21633; 25047; 26536; 28073)

   (a)   Fees for zoning and SUP amendments and renewals.

      (1)   An application will not be processed until the fee has been paid.

      (2)   The applicant shall pay the filing fee to the director. The director shall deposit fees received in the official city depository not later than the next business day following receipt of the fees.

      (3)   With respect to an application for automatic renewal of an SUP, if no public hearings are held in conjunction with the renewal, the city controller shall refund the appropriate portion of the fee as specified in this subsection. In all other respects, the refund of all or part of an application fee is controlled by Section 51A-4.701(f).

      (4)   Fee schedule.

 

      (5)   An applicant shall pay a fee of $400.00 for an appeal to the city council of any decision of the city plan commission denying a zoning application described in Paragraph (4) of this subsection.

   (c)   Fees for fill permits for removal of a flood plain designation.

      (1)   An application will not be processed until the fee has been paid.

      (2)   The applicant shall pay a filing fee to the director of water utilities. The director of water utilities shall deposit fees received in the official city depository not later than the next business day following receipt of the fees.

      (3)   No refund of a fee may be made.

      (4)   Fee schedule.

 

 

   (d)   Fees for extraordinarily significant sign designation.

      (1)   An application will not be processed until the fee has been paid.

      (2)   The applicant shall pay the filing fee to the director. The director shall deposit fees received in the official city depository not later than the next business day following receipt of the fees.

      (3)   No refund of a fee may be made.

      (4)   Fee schedule.

 

 

   (e)   Fees for creating or amending a voluntary deed restriction.

      (1)   An application will not be processed until the fee has been paid.

      (2)   The applicant shall pay the filing fee to the director. The director shall deposit fees received in the official city depository not later than the next business day following receipt of the fees.

      (3)   The controller shall refund 35 percent of the filing fee to the applicant if the application is not forwarded to council after a public hearing by the commission.

      (4)   If a deed restriction amendment is submitted as part of an application for a change in a zoning district classification or boundary, the fee outlined in this subsection is not required.

      (5)   Fee schedule.

 

 

   (f)   Fees for notification signs.

      (1)   An application will not be processed until the fee for notification signs has been paid.

      (2)   The applicant shall pay the fee to the director. The director shall deposit fees received in the official city depository not later than the next business day following receipt of the fees.

      (3)   No refund of a fee may be made.

      (4)   There is no fee for a sign required under Section 51A-1.106(a)(4). The fee for all other notification signs required under Section 51A-1.106 is $10 for each sign.

      (1)   An application will not be processed until the fee has been paid.

      (2)   The applicant shall pay the filing fee to the director of development services. The director of development services shall deposit fees received in the official city depository not later than the next business day following receipt of the fees.

      (3)   No refund of a fee may be made.

      (4)   Fee schedule for thoroughfare plan amendment:

 

 

   (k)   Fees for miscellaneous items.

      (1)   An application will not be processed until the fee has been paid.

      (2)   The applicant shall pay the filing fee to the director. The director shall deposit fees received in the official city depository not later than the next business day following receipt of the fees.

      (3)   Fee schedule.

 

   (o)   Fee for amendment to Article VII, “Sign Regulations.”

      (1)   An application will not be processed until the fee has been paid.

      (2)   The applicant shall pay the fee to the director. The director shall deposit fees received in the official city depository not later than the next business day following receipt of the fees.

      (3)   No refund of a fee may be made.

      (4)   Fee schedule.

 

 

   (p)   Fee for amendment to the Dallas Development Code other than to Article VII, “Sign Regulations.”

      (1)   An application will not be processed until the fee has been paid.

      (2)   The applicant shall pay the fee to the director. The director shall deposit fees received in the official city depository not later than the next business day following receipt of the fees.

      (3)   No refund of a fee may be made.

      (4)   The fee for an application to amend, supplement, or change the Dallas Development Code, other than Article VII, “Sign Regulations,” is $6,700.

   (t)   Fee for municipal setting designation ordinance.

      (1)   An application will not be accepted until the initial filing fee has been paid. An application will not be placed on a city council agenda until the additional processing fee has been paid.

      (2)   The applicant shall pay the fees to the director. The director shall deposit fees received in the official city depository not later than the next business day following receipt of the fees.

      (3)   No refund of the fees may be made.

      (4)   The initial filing fee for a municipal setting designation ordinance is $3,903. The director shall not mail notices or advertise the public metting until the estimated cost of mailing notices and advertising the public meeting is paid. The director shall not place a municipal setting designation ordinance on a city council agenda until an additional processing fee of $8,192 is paid.

      (5)   The city council may, by resolution, waive or reimburse the initial filing fee when the city council finds that payment of the fee would result in substantial financial hardship to the applicant.

   (u)   Fees for gas drilling and production.

      (1)   The city may use a qualified third party to conduct any inspections required by Article XII. The operator shall pay the city for any fees charged by third party inspectors within 30 days of receipt of an invoice from the city.

      (2)   Any permit that lapses for nonpayment of the annual permit fee will be reinstated upon payment of an additional fee of $50.00 for each thirty-day period during the lapse.

      (3)   Fee schedule.

 

   (v)   Fee for the city’s review and consent to the creation of or amendment to a municipal utility district or any other district created under Article 16, Section 59 of the Texas Constitution.

      (1)   The fee shall be paid to the director when the application is filed. An application will not be processed until the fee has been paid.

      (2)   The director shall deposit fees in the official city depository not later than the next business day following receipt of the fees.

      (3)   No refund of a fee may be made.

      (4)   Fee schedule.

 

 

   (w)   Fees for annexation, disannexation, boundary adjustment agreement, and waiver of extraterritorial jurisdiction applications.

      (1)   The fee shall be paid to the director when the application is filed. An application will not be processed until the fee has been paid.

      (2)   The director shall deposit fees received in the official city depository not later than the next business day following receipt of the fees.

      (3)   No refund of a fee may be made.

      (4)   If an annexation, disannexation, boundary adjustment agreement, or waiver of extraterritorial jurisdiction is initiated by the city, no fee is required.

      (5)   Fee schedule.

 

 

   (x)   Fee and permit for accessory occasional sales (garage sales).

      (1)   An application for an occasional sale permit will not be processed until the fee has been paid.

      (2)   The applicant shall pay the fee to the director of code compliance. The director of code compliance shall deposit fees received in the official city depository not later than the next business day following receipt of the fees.

      (3)   No refund of a fee may be made.

      (4)   There is no fee for the first occasional sale permit in each 12 month period. The fee for the second occasional sale permit in a 12 month period is $25.00.

      (5)   A person may not operate an occasional sale without a valid permit issued by the director of code compliance. Only the owner or lessee of the property where the occasional sale is being conducted may obtain a permit. The applicant shall provide proof (driver’s license, utility bills, or other proof) that the applicant is the owner or lessee of the property.

      (6)   The application for an occasional sale permit must be on a form provided by the director and must contain the dates, location, hours of operation of the occasional sale, and any other information that may be reasonably required by the director of code compliance.

      (7)   The director of code compliance shall deny the application for an occasional sale permit if the director of code compliance determines that:

         (A)   the applicant has not paid the required fee;

         (B)   the applicant made a false statement of material fact in the application;

         (C)   the applicant has been given two or more citations for violating the provisions of this subsection or Section 51A-4.217(b)(9) within 12 months before submitting an application; or

         (D)   the occasional sale would not meet the requirements of this subsection or of Section 51A-4.217(b)(9).

      (8)   The applicant may appeal the denial of an application for an occasional sale permit to the permit and license appeal board in accordance with Section 2-96 of the Dallas City Code.

      (9)   By making an application for an occasional sale permit, accepting the permit, and conducting the sale, the permit holder authorizes any code enforcement officer to enter the property to determine that the occasional sale is being conducted in compliance with this chapter.

      (10)   Permits are only valid for the dates specified on the application. If inclement weather prevents the occasional sale, the director of code compliance may, in his sole discretion, issue a replacement permit at no cost to the applicant. The applicant must request the replacement permit within one week after the date of the cancelled occasional sale. No more than one replacement permit shall be issued per calendar year per address.

      (1)   The developer shall pay the filing fee to the building official. The building official shall deposit fees received in the official city depository not later than the next business day following receipt of the fees.

      (2)   Fee schedule for park land dedication fee-in-lieu.

 

 

      (3)   Park development fees.

 

 

      (1)   An application will not be processed until the fee has been paid.

      (2)   The applicant shall pay the filing fee to the building official. The building official shall deposit fees received in the official city depository not later than the next business day following receipt of the fees.

      (3)   The city controller shall refund 75 percent of the filing fee to the applicant if the applicant withdraws the application prior to the case being advertised for hearing. After the case is advertised, no refund of the filing fee may be made.

 

 

      (5)   The applicant shall pay a single filing fee for each certificate of appropriateness or certificate for demolition or removal requested.

      (6)   The landmark commission may waive the filing fee if the landmark commission finds that payment of the fee would result in substantial financial hardship to the applicant. The applicant may request that the issue of financial hardship be placed on the landmark commission's miscellaneous docket for predetermination. If the issue is placed on the miscellaneous docket, the applicant may not file the application until the merits of the request for waiver have been determined by the landmark commission. In making this determination, the landmark commission may require the production of financial documents.

(Ord. Nos. 19455; 19557; 19832; 20037; 20073; 20093; 20132; 20612; 20920; 20926; 20927; 21431; 21553; 21751; 22004; 22026; 22206; 22392; 22738; 22920; 24051; 24542; 24843; 25047; 25048; 25384; 26001; 26161; 26529; 26530; 26536; 26730; 26920; 27069; 27430; 27495; 27587; 27695; 27697; 27893; 28021; 28073; 28096; 28272; 28424; 28553; 28803; 29128; 29228; 29024; 30215 ; 30808 ; 30931; 30934; 30993; 30994; 31040; 31657; 32002; 32003; 32556; 32676; 32863)

   (a)   No fee is required for applications filed under this chapter by the U.S. Government, the State of Texas, or the city of Dallas if the property that is the subject of the application is devoted exclusively to governmental use.

   (b)   No fee is required for applications made to the board of adjustment pursuant to Section 51A-1.107, requesting a special exception to a regulation in this chapter based on a handicap.

   (c)   Whenever affordable housing units are provided as a part of a project in accordance with Division 51A-4.900, the director shall authorize a refund of a percentage of the total zoning and platting application fees paid for the project equal to the percentage of standard affordable housing units provided in the project. (Ord. Nos. 20037; 21176; 21183; 21663; 28096)

   (a)   In general.

      (1)   The notification signs required in this section are intended to supplement state law and other Dallas Development Code notice requirements.

      (2)   The city plan commission, landmark commission, board of adjustment, or city council shall determine if an applicant has complied with the notification sign posting requirements in this section.

   (b)   Signs required to be obtained from the city. An applicant is responsible for obtaining the required number of notification signs and posting them on the property that is the subject of the application. Notification signs must be obtained from the director or the building official. An application will not be processed until the fee for the signs has been paid. For purposes of this section, an applicant is one who makes a request:

      (1)   for a change in a zoning classification or boundary;

      (2)   to the board of adjustment;

      (3)   for a certificate of appropriateness for a sign that is to be located in a special provision sign district and is either a detached sign or an attached sign that has more than 100 square feet of effective area; or

      (4)   to the landmark commission for a certificate for demolition or removal.

   (c)   Number of signs required. A minimum of one notification sign is required for every 500 feet or less of street frontage, with one additional notification sign required for each additional 500 feet or less of street frontage. For tracts without street frontage, a minimum of one notification sign is required for every five acres or less, with one additional notification sign required for each additional five acres or less. A maximum of five notification signs are required.

   (d)   Posting of signs.

      (1)   Except as provided in Subsection 51A-1.106(e), the applicant shall post the required number of notification signs on the property within 14 days after an application is filed.

      (2)   The signs must remain posted until a final decision is made on the application.

      (3)   For tracts with street frontage, signs must be evenly spaced over the length of every street frontage, posted at a prominent location adjacent to a public street, and be easily visible from the street. For tracts without street frontage, signs must be evenly posted in prominent locations most visible to the public.

      (4)   An applicant has complied with the required posting of notification signs if any lost, stolen, or vandalized notification signs are timely replaced, and the applicant has made good faith efforts to keep the notification signs posted in accordance with this section.

   (e)   Failure to comply.

      (1)   If the city plan commission, landmark commission, or board of adjustment determines that the applicant has failed to comply with the provisions of this section, it shall take no action on the application other than to postpone the public hearing for at least four weeks or deny the applicant’s request, with or without prejudice.

      (2)   If the hearing is postponed, the required notification signs must be posted within 24 hours after the case is postponed and comply with all other requirements of this section.

   (f)   Illegal removal of signs.

      (1)   A person commits an offense if he intentionally or knowingly removes a notification sign that has been posted pursuant to this section.

      (2)   It is a defense to prosecution under this subsection that the sign was no longer required to be posted pursuant to this section at the time of its removal.

   (g)   Posting of signs by the director.

      (1)   When the city council or city plan commission authorizes a hearing on a change in zoning district classification or boundary pursuant to Paragraph 51A-4.701(a)(1), the city council, city plan commission, or landmark commission authorizes a public hearing to establish or amend a historic overlay district pursuant to Paragraph 51A-4.501(c)(2), the board of adjustment authorizes a hearing pursuant to Paragraph 51A-4.703(a)(1), or the city council requests that the board of adjustment consider establishing a compliance requirement for a nonconforming use pursuant to Subparagraph 51A-4.704(a)(1), the director shall post the required number of notification signs on the subject property at least 30 days before the first public hearing unless the body authorizing a hearing approves a shorter time period for posting the required notification signs at the time of authorization.

      (2)   If the property owner denies permission for the post of the signs, the signs may be posted on the nearest public right-of-way.

      (3)   Illegal removal of a notification sign that has been posted pursuant to this subsection does not require postponement or denial under Subsection 51A-1.106(e). (Ord. Nos. 19455; 19872; 19963; 20599; 20926; 20949; 21044; 22389; 24542; 26287; 26577; 27184; 29626; 33012)

   (a)   Purpose. It is the express intent of the city council to comply with the Federal Fair Housing Amendments Act of 1988, and to ensure that all handicapped persons have equal opportunity to use and enjoy a dwelling. This section allows a person to seek relief from the enforcement of any regulation contained in this chapter that would result in illegal discrimination against the handicapped.

   (b)   General provisions.

      (1)   The board of adjustment shall grant a special exception to any regulation in this chapter if, after a public hearing, the board finds that the exception is necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling. The term “handicapped person” means a person with a “handicap,” as that term is defined in the Federal Fair Housing Amendments Act of 1988, as amended.

      (2)   The board may impose reasonable conditions upon the granting of this special exception consistent with the purpose stated in this section.

      (3)   This section does not authorize the board to grant a change in the use of a building or structure. (Ord. 21183)

   (a)   Adoption. The comprehensive plan was adopted following review by the department and the city plan commission, and following a hearing at which the public was given the opportunity to give testimony and present written evidence.

   (b)   Purpose. The purpose of this comprehensive plan is to promote sound development of the city and promote the public health, safety, and welfare. The comprehensive plan is a plan for the long-range development of the city. The comprehensive plan sets forth policies to govern the future physical development of the city. The comprehensive plan shall serve as a guide to all future city council action concerning land use and development regulations, urban conservation and rehabilitation programs, and expenditures for capital improvements.

   (c)   Components. The comprehensive plan is composed of the following components:

      (1)   Vision component. This component expresses the ideas, ideals, and goals residents have for the future of the city, and includes a vision illustration showing possible general locations of building blocks or development patterns.

      (2)   Policy plan. This plan provides the overall policy framework to guide decisions over time toward achieving the vision.

      (3)   Implementation plan. This plan provides timelines for accomplishing goals outlined in the vision statement and policy plan. Goals are divided into the implementation plan, which are long-term projects, and action plans, which are short-term projects.

      (4)   Monitoring program. This program gives the city and citizens a framework for tracking progress toward implementation of the vision.

      (5)   Other plans. All other area plans and programmatic plans, as existing, amended, or created in the future, are incorporated into the comprehensive plan.

   (d)   Amendment.

      (1)   The vision, policy plan, area plans, and programmatic plans may be amended if authorized by city council and by following the procedure for city council authorized amendments as set out in Section 51A-4.701, “Zoning Amendments,” of Article IV, “Zoning Regulations,” of the Dallas Development Code, as amended.

      (2)   The implementation plan and monitoring program may be amended by ordinance of the city council.

   (e)   Relation to zoning. The relationship between the comprehensive plan and development regulations is that the comprehensive plan serves merely as a guide for rezoning requests rather than as a mandatory restriction on the city’s authority to regulate land use. The comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries. The comprehensive plan does not limit the ability of the city to prepare other plans, policies, or strategies as required. (Ord. Nos. 26371; 28073)