Dalworthington Gardens
City Zoning Code
City Zoning Code
Division 8
Special Exceptions and Other Permits
§ 14.02.321 Special exceptions.
(a)
Purpose.
Certain uses are classified as special exceptions, and may be permitted in designated districts when specifically authorized by this division after approval by the city council. Such exceptions may be granted in order that the city may develop in accordance with the intent and purpose of this article, that land may be fully utilized for a lawful purpose, and that substantial justice may be done.
(b)
Criteria for granting a special exception.
In reaching a decision on any application for a special exception, the city council shall determine:
(1)
That the requested exception will establish only those uses permitted under this division;
(2)
That the location of proposed activities and improvements are clearly defined on a site plan filed by the applicant; and
(3)
That the exception will be wholly compatible with the use and permitted development of adjacent properties, either as filed or subject to such requirements as the city council may find necessary to protect and maintain the stability of adjacent properties.
(c)
Authorized special exceptions.
The following uses may be allowed as special exceptions in the districts specified, subject to full and complete compliance with all conditions herein provided, together with such other conditions as the city council may impose. The conduct of any of the uses described in this subsection (c) shall be illegal in the city unless on property bearing a valid special exception therefor issued in accordance with the terms of this division.
Special Exception | District Requiring City Council Approval | |
|---|---|---|
(1) | Construction field office and storage yard (other than on jobsite). | All districts |
Conditions: Temporary, for time fixed by the City Council. | ||
(2) | Amusement or entertainment, commercial, indoor or outdoor. | B-2 - LI |
(3) | Child care facilities. | MF - LI |
(4) | Residential recreation facilities. | SF - MF |
(5) | Parking, under division 9 conditions. | All districts |
(6) | Development sign of more than one year duration. | SF - MF |
(7) | Screening devices/fences, over height or in required front yard. | All districts |
(8) | Except for brewpubs and wineries, service of alcoholic beverages for on-premises consumption; for brewpubs and wineries, service of alcoholic beverages for on-premises and off-premises consumption may be permitted | B-2 - LI |
(9) | Light industrial or manufacturing uses, other than storage, to be conducted outside buildings. | LI |
(10) | Real estate sales office: A temporary real estate sales office. | SF - MF |
(11) | Retail gasoline service stations, pumps and facilities, storage tanks underground. | B-3 - LI |
(12) | A private stable under the following conditions: | SF |
(A) The use must be one that would in all respects qualify as an incidental use under the terms of section 14.02.172(6) of this article if located on the same property as a primary residential use; | ||
(B) The property on which the use is to be conducted must be adjacent to or within 500 feet of the primary residence to which it would be incidental if located on the same property; | ||
(C) The owner of the primary residence and the private stable must be the same; and | ||
(D) The private stable shall not be used for commercial purposes. | ||
This special exception may be revoked by the City Council upon notice and after hearing in the event of a violation of any of the conditions described above. | ||
(13) | Private school. | B-2 - LI |
(14) | Motor vehicle sales. | LI |
(15) | Retail specialty and novelty establishment. | B-3 - LI |
Definitions: For the purpose of this subsection: | ||
(A) “Retail specialty and novelty establishment” is a place of business which derives more than 50% of its monthly revenues from the retail sale of specialty and novelty items. | ||
(B) “Specialty and novelty items” means any of the following: | ||
(i) Drug paraphernalia, as that term is defined in 481.002 of the Texas Health and Safety Code; | ||
(ii) Wearing apparel containing obscene pictures or words, such as T-shirts, belt buckles, jewelry or any other wearing apparel; | ||
(iii) Salves, ointments, gels, creams, jellies, lotions and oils advertised and designed as a sexual stimulus; | ||
(iv) Magazines, books, records, videocassettes, pictures, drawings and other similar material depicting and describing sexual conduct in a manner that is designed for adult use and consumption; | ||
(v) Incense. | ||
(16) | Billiard table establishment. | B-3 - LI |
Definitions: For the purposes of this subsection: | ||
(A) “Billiard table establishment” means any business containing a billiard table for commercial use and not merely for sale. | ||
(B) “Billiard table” means a table surrounded by a ledge or cushion with or without pockets on which balls are impelled by a stick or cue, but not including a coin-operated billiard table. | ||
(17) | Skill or pleasure coin-operated machines, commercial use of eight (8) or more per occupancy. | B-3 - LI |
Definitions: For the purposes of this subsection, the term “skill or pleasure coin-operated machine” shall have the meaning ascribed thereto by article 8801, V.T.C.S. [V.T.C.A., Occupations Code, chapter 2153] | ||
(18) | Sexually oriented business. | LI |
Definition: For the purpose of this subsection, “Sexually oriented business” shall have the meaning ascribed thereto by chapter 243 of the Texas Local Government Code. | ||
Condition: No such use may be permitted at a location within one thousand (1,000) feet of a church, school, public park, boundary of a residential district or property line of a lot devoted to residential use. | ||
(19) | Motor vehicle parking, commercial. | B-3 - LI |
(20) | Long-term personal care facility. | SF - MF |
Definition: For the purposes of this subsection, a “long-term personal care facility” is a residence used as an assisted living residence for not more than four (4) unrelated persons. | ||
Conditions: No such use shall be permitted unless: | ||
(A) The State of Texas has issued a license for the location under chapter 142 of the Texas Health and Safety Code; and | ||
(B) The owner of the facility resides in the residence. | ||
The special exception shall continue for so long as a valid state license, as described in subsection (A), shall be in effect, unless the special exception should otherwise be terminated for violation of its terms or applicable laws. | ||
(21) | Schools, clubs or centers for gymnastics, exercise or physical fitness. | B-1 - B-2 |
Condition: The use shall comply with all regulatory provisions of the district in which it is located. | ||
(22) | Mobile food unit: Special exception sought by property owner required for all zoning districts if mobile food unit remains on property longer than twenty- four (24) hours. | All districts |
(23) | HUD-code manufactured home as primary dwelling | MF |
(24) | Credit access business under the following conditions: | L-I |
(A) No such use may be permitted at a location within one thousand (1,000) feet of a school, designated place of worship, public park, boundary of a residential district, or property line of a lot devoted to residential use. | ||
(25) | Tattoo Shop under the following conditions: | L-I |
(A) No such use may be permitted within 1,000 feet of another tattoo shop | ||
(B) A tattoo shop may be open for business only between the hours of 8:00 a.m. and 5:00 p.m. Monday through Saturday. A tattoo shop may not open for business on Sunday. | ||
(C) No such use may be contiguous to any residential land use, designated place of worship, or school. | ||
(26) | Short-term rental in excess of density limitation. | SF, MF, GH Subject to section 4.09.004(p) of the code |
(27) | Telecommunication tower (uncamouflaged) | B-1, B-2, and B-3 |
(28) | Stealth telecommunication tower | SF, GH, and Municipal Parks |
(d)
Application for special exception.
(1)
Qualification of applicant.
Application for a special exception may be made by the owner of, or other person having a contractual or possessory interest in, the subject property. Any application filed by a person who is not the owner of the property for which the special exception is sought shall be accompanied by evidence of the consent of the owner.
(2)
Contents of application.
An application for a special exception shall be filed with the zoning administrator. The application shall contain the following information as well as such additional information as may be prescribed by rule of or reasonably requested by the commission or the zoning administrator:
(A)
The applicant’s name, address and interest in the subject property;
(B)
The owner’s name and address, if different from that of the applicant, and the owner’s signed consent to the filing of the application;
(C)
The street address and legal description of the property;
(D)
The zoning classification and present use of the subject property;
(E)
A description of the proposed special exception;
(F)
A site plan sketch, showing the location of the use on the property;
(G)
A statement as to why the proposed special exception will not cause substantial injury to the value, use or enjoyment of other property in the neighborhood;
(H)
A statement as to how the proposed special exception is to be designed, arranged and operated in order to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely, and that the value, use and reasonable enjoyment of such property will not be impaired or adversely affected; and
(I)
An identification of any potentially adverse effects that may be associated with the proposed special exception and the means proposed by the applicant to avoid, minimize or mitigate such effects.
(3)
Processing of application.
Upon receipt of an application for a special exception, it shall be referred to the commission for investigation as to the manner in which the proposed character and location of the special exception will affect the master plan of the city. The commission shall report the results of its study to the city council, and thereafter the city council may, after public notice and hearing, grant the permit, including the imposition of conditions of use which the city council may deem essential to insure that the special exception is consistent with the spirit, purpose and intent of this article, will not substantially and permanently injure the appropriate use of neighboring property, and will substantially serve the public convenience and welfare.
(Ordinance 2022-11 adopted 5/19/22; Ordinance 2022-17 adopted 7/21/22; Ordinance 2022-22 adopted 11/17/2022; Ordinance 2022-31 adopted 12/15/2022; Ordinance 2023-07 adopted 3/20/2023; Ordinance 2025-07 adopted 6/19/2025; Ordinance 2025-09 adopted 8/21/2025)
§ 14.02.322 Temporary uses.
(a)
Purpose.
Certain temporary uses of land are essential to the full development and utilization of the land for its lawful purpose. The temporary uses hereinafter enumerated shall not be deemed violations of this article when made under the conditions herein provided.
(b)
Permitted uses.
The permissible temporary uses, the conditions of use and the zoning districts wherein the same shall be permitted are:
Use | Districts | ||
|---|---|---|---|
(1) | Construction office. | All districts | |
Temporary field or construction offices and building material storage areas to be used solely in support of construction on the property where the same is located may be permitted for specific periods of time when approved by the zoning administrator, but such uses shall not continue beyond completion of construction and may be terminated sooner on the order of the zoning administrator. | |||
(2) | Real estate sales office. | SF - MF | |
Temporary real estate sales offices may be authorized by the zoning administrator when such use is located in a permanent residential structure or “model home”; provided, that: (i) sales activities conducted therein shall related only to the sale of property within such subdivision; (ii) such use may be terminated on the order of the zoning administrator; and (iii) in no event shall such use continue after the substantial development and sale of the subdivision. | |||
(3) | Holiday plant sales. | B-3 - LI | |
The temporary sales of Christmas trees and other forms of decorative plant materials associated with the celebration of religious events shall be permitted for a period of thirty (30) days prior to the day of religious celebration. The zoning administrator shall issue a permit for such sale when he finds: | |||
(A) | That there is available on the property an off-street parking area, either improved or unimproved, equal to the size of the plant material display and sales area; and | ||
(B) | That the location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. | ||
Trees, stands, equipment, trash, signs and lighting shall be removed from the property by the permit holder within seven (7) days after final termination of sales activities. | |||
(2005 Code, sec. 17.8.02)
§ 14.02.323 Developmental permit for gas exploration.
Notwithstanding anything else to the contrary in this article, seismic or natural gas drilling shall be permitted in all zoning districts in the city subject only to the provisions of this section and the provisions of article 4.08 of the city code.
(1)
Application for an exploration permit under this section shall be made as provided in article 4.08 and shall be filed with the city administrator. The application shall contain the information required therefor by article 4.08. The granting of a permit thereunder shall comply with applicable provisions of both article 4.08 and this article.
(2)
Upon receipt of the application, it shall be referred to the commission for investigation as to the manner in which development pursuant to the application will affect the development of the city consistent with principles of zoning and planning contained in this article. After public hearing thereon, the commission will report the results of its study to the city council, which may impose conditions on the issuance of a permit that the council may deem essential to insure that the development is consistent with the spirit, purpose and intent of this article, will not substantially and permanently injure the appropriate use of neighboring property, and will substantially serve the public convenience and welfare.
(Ordinance 06-15, sec. 1, adopted 12/14/06)
§ 14.02.324 Mobile food units on city-owned property.
Mobile food units may operate on city-owned property in any zoning district at the invitation of the city only.
(Ordinance 2018-01, sec. 7, adopted 2/15/18)
§ 14.02.325 Specific use permits.
(a)
Purpose.
Certain uses, because of the characteristics of the use, may be appropriate in some zoning districts under certain conditions in addition to the zoning districts in which they are a permitted use by right. These uses are identified in this chapter 14, zoning. Each use that may be considered for a specific use permit is listed in the district in which it is permitted with the conditions that must be met for approval. The procedure and criteria for approval of a specific use permit are set forth in subsection (b), generally, below.
(b)
Generally.
(1)
The city council may authorize specific use permits in the same manner as other amendments to the zoning ordinance.
(2)
Application for a specific use permit may be made by any property owner or other person having a proprietary interest in the property for which a specific use permit is requested by filing an application on the forms provided by the city and paying the established fee. The application shall be accompanied by a site plan drawn to scale and showing the elements indicated in section 14.02.272, when required by conditions of the specific use permit. The site plan shall be considered and filed as part of the ordinance, and if approved, filed prior to the issuance of a building permit.
(3)
Every specific use permit granted shall be considered an amendment to the zoning ordinance as applicable to the property affected but shall not be considered as a permanent change in zoning. If the building, premises, or land used under the specific use permit is voluntarily vacated for a period of six months or more, or if the building, premises, or land is more than 50 percent destroyed by fire or other cause, the use of the property shall conform to the regulations of the original zoning district unless a new specific use permit is granted for continuation of the use.
(4)
In granting a specific use permit, the city council may impose such conditions as are deemed to be necessary or appropriate to protect the public health, safety, or general welfare. These conditions shall be set forth in the ordinance which grants the specific use permit, and complied with by the owner or grantee before a certificate of occupancy may be issued by the building official for use of the property pursuant to the specific use permit.
(5)
A specific use permit may be granted for specific periods of time after which the planning and zoning commission may inquire into the continuation of the permit and, based upon its findings, recommend its discontinuance or an extension of the time period as set forth in the ordinance establishing the specific use permit.
(6)
No specific use permit shall be granted unless the applicant, owner, and grantee of the specific use permit are willing to accept and agree to be bound by and comply with the written requirements of the specific use permit.
(7)
A building permit, if required, shall be applied for and secured within one year from the time of granting the specific use permit; provided, however, that the city council may authorize an extension of this time upon request by the permit holder and recommendations by the planning and zoning commission. Failure of a building permit to be issued within one year or within any other time frame authorized by the city council shall render the specific use permit void.
(8)
No building, premises, or land used under a specific use permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate specific use permit is granted for such enlargement, modification, structural alteration, or change.
(9)
The board of adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such specific use permit.
(10)
All specific use permits approved in accordance with the provisions of this ordinance shall be referenced on the official zoning map, and a list of such permits shall be maintained by the city administrator or their designee.
(c)
Factors to be considered. In granting or denying an application for a specific use permit, the city council shall take into consideration the following factors:
(1)
Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site.
(2)
Safety from fire hazard, and measures for fire control.
(3)
Protection of adjacent property from flood or water damage.
(4)
Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood.
(5)
Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties.
(6)
Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood.
(7)
Adequacy of parking, as determined by requirements of this ordinance for off-street parking facilities for similar uses, location of ingress and egress points for parking and off-street loading spaces; and protection of the public health by all-weather surfacing on all parking areas to control dust.
(8)
Such other measures as will secure and protect the public health, safety, morals and general welfare.
(Ordinance 2018-14A, sec. 1, adopted 9/20/18)