Final Agenda

May 20, 2010 CPC Recommended Ordinance

Z089-219 (Davis Street Special Purpose District) - DRAFT

ORDINANCE NO. __________________

An ordinance changing the zoning classification on the following property:

BEING both sides of Davis Street between North Plymouth Road to North Zang Boulevard, from a[n] District to Planned Development District No. (the Davis Street Special

Purpose District); amending Chapter 51P, “Dallas Development Code: Planned Development

District Regulations,” of the Dallas City Code by creating a new Article ; establishing use

regulations and development standards for this planned development district; providing a penalty

not to exceed $2,000; providing a saving clause; providing a severability clause; and providing

an effective date.

WHEREAS, the city plan commission and the city council, in accordance with the

Charter of the City of Dallas, the state law, and the ordinances of the City of Dallas, have given

the required notices and have held the required public hearings regarding the rezoning of the

property described in this ordinance; and

WHEREAS, the city council finds that it is in the public interest to establish this planned

development district; Now, Therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

SECTION 1. That the zoning classification is changed from a[n] District to

Planned Development District No. on the property described in Exhibit A, which is attached

to and made a part of this ordinance (“the Property”).



SECTION 2. That Chapter 51P, “Dallas Development Code: Planned Development

District Regulations,” of the Dallas City Code is amended by adding a new Article _____ to read

as follows:

“ARTICLE .

PD .

SEC. 51P- .101. LEGISLATIVE HISTORY. PD was established by Ordinance No. , passed by the Dallas City Council on . SEC. 51P- .102. PROPERTY LOCATION AND SIZE. (a) PD is established on property located at _______. The size of PD is approximately acres. [Note: CPC recommendation was to exclude property currently zoned PD-768 and the two lots located at the southwest corner of Malborough Ave and Davis St. from the area being proposed for rezoning] SEC. 51P- .103. CREATION OF SUBDISTRICTS. (a) This district is divided into the following subdistricts: (1) Subdistrict 1: Bishop Avenue. (2) Subdistict 2: Bishop Arts Conservation. (See Bishop Eighth Conservation District (CD-7) (3) Subdistrict 3: East Garden District. (4) Subdistrict 4: Kidd Springs Park. (5) Subdistrict 5: Kings Highway Gateway. (6) Subdistrict 6: Davis Corridor. (7) Subdistrict 7: Winnetka Heights Village. (8) Subdistrict 8: West Garden District.



(b) Exhibit ___A is a map showing the boundaries of this district and its subdistricts. Exhibit ___B is a verbal description of the boundaries of this district and its subdistricts. In the event of a conflict between the graphic depiction in Exhibit ____A and the verbal description in Exhibit ___B, the verbal description in Exhibit ____B controls. (c) This district is considered to be a residential zoning district in Subdistricts 1, 3, 4, and 8 and a nonresidential zoning district in Subdistricts 5, 6, and 7. SEC. 51P- .104. DEFINITIONS. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. In this district: (1) A-FRAME SIGN means a portable detached premise sign that is hinged at the top and is made of durable, rigid materials such as wood, plastic, or metal. (2) ANTIQUE SHOP means an establishment for the retail sale of articles such as glass, china, furniture, or similar furnishings and decorations that have value and significance as a result of age, design, or sentiment. (3) ART GALLERY means an establishment where original works of art or limited editions of original works of art are bought, sold, loaned, appraised, or exhibited to the general public.

(3.1) ATTIC STORY means that portion of a building between the top floor and the ceiling above it that is located within a roof structure. (4) BED AND BREAKFAST means a lodging use that has no more than five guest rooms; provides accommodations for periods not to exceed five nights; serves no meals other than breakfast; and is a member of, or certified by, a recognized bed and breakfast association such as the National Bed and Breakfast Association (NBBA) or Historic and Hospitality Accommodation of Texas. (5) BLADE SIGN means a sign that projects perpendicularly from a main building facade and is visible from both sides. (6) BODY PIERCING STUDIO means a facility in which body piercing is performed. BODY PIERCING means the creation of an opening in an individual’s body, other than in an individual’s earlobe, to insert jewelry or another decoration. (7) BOUTIQUE HOTEL means a lodging facility with 30 or fewer guest rooms that are rented to occupants on a daily basis for not more than 14 consecutive days, provides food that is prepared on-site, and that provides primarily internal-entry guest rooms.



(8) LEGACY BUILDING means a building that fronts on Davis Street or Bishop Avenue and that is listed on Exhibit “___A” or determined to be a legacy building in accordance with Section _____.

(9) MAJOR MODIFICATION means reconstruction, alteration, or renovation of an original building that exceeds 50 percent of the value of the original building assessed by the Dallas Central Appraisal District or any increase in the floor area of an original building if the expansion is over 50 percent for nonresidential projects, over 65 percent for mixed use projects, and over 75 percent for residential projects.

(10) MASSAGE ESTABLISHMENT and MASSAGE mean a massage

establishment or massage as defined by Texas Occupation Code Chapter 455, as amended. (12) MIXED USE DEVELOPMENT means a development that has both

residential and nonresidential uses on the same building site. (11) MIXED USE RESIDENTIAL PROJECT (MURP) means a development

that includes a street-level nonresidential use with hours of operation that are limited to 7:30 a.m. through 630 p.m., Monday through Saturday, and that has only residential uses only above street level.

(12) OPEN SPACE means an area that is open to public for at least eight hours

each day, limited to pedestrians, and is at least 80 percent open to the sky, a contiguous area of not less than 15 feet in width and 25 feet in length, and with a minimum of 25 percent of such open space area being landscaped with turf, ground cover, shrubs, trees, seasonal plantings, or a combination of these plant materials.

CPC Recommendation

(13) REMOTE SURFACE PARKING LOT means a non structureal passenger vehicle surface parking lot that supplies, by is subject to remote parking agreements, and to an extent not less than may have parking spaces in excess of those needed for the remote parking agreements in an amount not exceeding 50 30 percent of the numeric parking-total number of spaces capacity, the required parking of one or more remote uses located on one or more separately platted lotsprovided on the site. Staff Recommendation

(13) REMOTE SURFACE PARKING LOT means a passenger vehicle surface parking lot that is subject to remote parking agreements and may have parking spaces in excess of those needed for the remote parking agreements in an amount not exceeding 50 percent of the total number of spaces provided on the site. (14) RETAIL-RELATED USES means any of the following:

(A) Antique store. (B) Art gallery. (C) Dry cleaning or laundry store.



(D) General merchandise or retail. (E) Nursery, garden shop or plant sales. (F) Personal service uses.

(15) TATTOO STUDIO means an establishment in which tattooing is performed. TATTOOING means the practice of producing 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.

(16) TRANSPARENCY means the total area of windows and door openings with glass that is a percentage of the total facade area by story. SEC. 51P- .105. INTERPRETATIONS. (a) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. (b) Section 51A-2.101, “Interpretations,” applies to this article. (c) The following rules apply in interpreting the use regulations in this article: (1) The absence of a symbol appearing after a listed use means that the use is permitted by right. (2) The symbol [L] appearing after a listed use means that the use is permitted by right as a limited use only. (For more information regarding limited uses, see Section 51A-4.218, “Limited Uses.”) (3) The symbol [SUP] appearing after a listed use means that the use is permitted by specific use permit only. [“SUP” means “specific use permit.” For more information regarding specific use permits, see Section 51A-4.219, “Specific Use Permit (SUP).”] (4) The symbol [DIR] appearing after a listed use means that a site plan must be submitted and approved in accordance with the requirements of Section 51A-4.803, “Site Plan Review.” (“DIR” means “development impact review.” For more information regarding development impact review generally, see Division 51A-4.800, “Development Impact Review.”) (5) The symbol [RAR] appearing after a listed use means that, if the use has a residential adjacency as defined in Section 51A-4.803, “Site Plan Review,” a site plan must be submitted and approved in accordance with the requirements of that section. (“RAR” means “residential adjacency review.” For more information regarding residential adjacency review generally, see Division 51A-4.800, “Development Impact Review.”) (d) If there is a conflict, the text of this article controls over any charts, exhibits, graphic displays, or maps.



SEC. 51P- .106. EXHIBITS. The following exhibits are incorporated into this article:

(1) Exhibit ___A: Legacy buildings list. (2) Exhibit ___B: Mixed use development parking chart.

SEC. 51P-714.107. CONCEPTUAL PLAN. (a) There is no conceptual plan for this district. (b) The Bishop/Davis Land Use and Zoning Study should be consulted for goals, objectives, policy statements, and recommendations for development of this district. SEC. 51P- .108. DEVELOPMENT PLAN. No development plan is required, and the provisions of Section 51A-4.702 regarding submission of or amendments to a development plan, site analysis plan, conceptual plan, and development schedule do not apply.



SEC. 51P-714.109. USE REGULATIONS AND DEVELOPMENT STANDARDS IN SUBDISTRICT NO. 1: BISHOP AVENUE.

(a) Uses. The following uses are the only main uses permitted: (1) Agricultural uses. -- Crop production. (2) Commercial and business service uses. None permitted. (3) Industrial uses. None permitted. (4) Institutional and community service uses. -- Church. (5) Lodging uses.

None permitted. (6) Miscellaneous uses. -- Temporary construction or sales office. (7) Office uses. -- Office. [Permitted only as part of a MURP.] (8) Recreation uses.

-- Private recreation center, club, or area. [SUP] -- Public park, playground, or golf course.

(9) Residential uses. -- Duplex. -- Handicapped group dwelling unit [SUP required if spacing

component of Section 51A-4.209(b)(3.1) is not met.] -- Multifamily. -- Retirement housing. -- Single family.



(10) Retail and personal service uses. -- Antique store. [Permitted only as part of a MURP.] -- Art gallery. [Permitted only as part of a MURP.] - -- Remote surface parking lot. [Permitted only on a lot abutting the

lot with the use requiring the parking by remote parking agreement.]

(11) Transportation uses.

-- Transit passenger shelter.

(12) Utility and public service uses. -- Local utilities. (13) Wholesale, distribution, and storage uses.

-- Recycling drop-off container. [SUP required if the requirements of

Section 51A-4.213(11.2)(E) are not satisfied.] -- Recycling drop-off for special occasion collection. [SUP required

if the requirements of Section 51A-4.213(11.3)(E) are not satisfied.]

(b) Drive-in and drive-through uses. To maintain the urban character and street wall, drive-in and drive-through lanes, windows, or services are prohibited. (c) Accessory uses. (1) As a general rule, an accessory use is permitted in any subdistrict in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A-4.217, “Accessory Uses.” For more information regarding accessory uses, consult Section 51A-4.217. (2) The following accessory uses are permitted only by SUP: -- Accessory community center (private). (3) The following accessory uses are not permitted:

-- Accessory helistop. -- Accessory medical/infectious waste incinerator. -- Accessory outside display of merchandise. -- Accessory outside sales. -- Accessory pathological waste incinerator.



(d) Yard, lot, and space regulations. (Note: The yard, lot, and space regulations in this subsection must be read together with the yard, lot, and space regulations in Division 51A-4.400, “Yard, Lot, and Space Regulations.” If there is a conflict between this subsection and Division 51A-4.400, this subsection controls.)

(1) Front yard. Except as provided in this paragraph, minimum front yard is 20 feet and maximum front yard is 25 feet. A minimum of 75 percent of the street-facing facade must be located within the area between the minimum and maximum front yard setback. The remaining street-facing facade (25 percent) is not required to comply with the maximum front yard setback.

(2) Side yard. (A) Except as provided in this paragraph, minimum side yard is 10 feet

except that the minimum side yard may not exceed 10 percent of lot width.

(B) For lots 50 feet in width or less and adjacent to a detached single family use is five feet. .

(C) No side yard is required between attached single family uses.

(3) Rear yard. Minimum rear yard is 10 feet. (4) Density. No maximum number of dwelling units. (5) Floor area ratio. No maximum floor area ratio. (6) Height.

(A) Except as provided in this paragraph, maximum structure height is

42 feet. Committee ProposalCPC Recommendation

(B) Any portion of a structure over 30 feet in height may not be located above a residential proximity slope. The residential proximity slope is a plane projected upward and outward at a one-to-two rise over run from private property with a single family use located outside of this district. Structures listed in Section 51A-4.408(a)(2) may project through the residential proximity slope to a height not to exceed the maximum structure height, or 12 feet above the residential proximity slope, whichever is less. Staff Recommendation

(B) Any portion of a structure over 30 feet in height may not be located above a residential proximity slope.



(i) From outside of the district, the residential proximity slope is a plane projected upward and outward at a one-to-two rise over run from private property zoned for residential uses restricted to a density of less than 12 units per acre and located outside of the district. An institutional use on a lot of 2 acres or greater shall not trigger a residential proximity slope.with a single family use. Structures listed in Section 51A-4.408(a)(2) may project through the residential proximity slope to a height not to exceed the maximum structure height, or 12 feet above the residential proximity slope, whichever is less, provided the projections violate no more than 20 percent of the plane of the proximity slope above the foot print of the structure

(ii) From inside of the district, the residential proximity slope is

a plane projected upward and outward at a two-to-one rise over run from private property with a detached single family use. Structures listed in Section 51A-4.408(a)(2) may project through the residential proximity slope to a height not to exceed the maximum structure height, or 12 feet above the residential proximity slope, whichever is less, provided the projections violate no more than 20 percent of the plane of the proximity slope above the foot print of the structure.

(7) Lot coverage. Maximum lot coverage is 60 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not.

(8) Lot size. No minimum lot size is required. (9) Lot width. Maximum lot width is 150 feet. (10) Stories. Maximum number of stories above grade is three plus attic story.

(e) Off–street parking and loading. See Section 51P-____.117, “Off-Street Parking

and Loading.” (f) Environmental performance standards. See Section 51P-____.118, “Environmental Performance Standards.” (g) Landscape regulations. See Section 51P-____.119, “Landscaping.” (h) Sign regulations. See Section 51P-____.120, “Signs.” (i) Architectural design standards. (1) Except as modified in this subsection, see Section 51P-____.121, “Architectural design standards.” (2) For structures with street facing facades exceeding 50 feet in length must have changes in plane, such as an offset, reveal, recess, or projection. Changes in plane must have a width of no less than 24 inches and depth of at least eight inches.



(j) Additional provisions. See Section 51P-____.122, “Additional provisions.”



SEC. 51P-714.110. USE REGULATIONS AND DEVELOPMENT STANDARDS IN SUBDISTRICT NO. 2: BISHOP ARTS CONSERVATION.

NOTE: Property will remain in CD 7, the Bishop Arts Conservation District and all architectural requirements will remain. A detailed ordinance amending CD 7 is provided.



SEC. 51P-714.111. USE REGULATIONS AND DEVELOPMENT STANDARDS IN SUBDISTRICT NO. 3: EAST GARDEN DISTRICT.

(a) Uses. The following uses are the only main uses permitted: (1) Agricultural uses. -- Crop production. (2) Commercial and business service uses. [Permitted only on lots fronting

on Bishop Avenue or Zang Boulevard.] -- Catering. -- Custom business services. (3) Industrial uses. None permitted. (4) Institutional and community service uses. -- Church. -- Child care facility.

(5) Lodging uses. [Permitted only on lots fronting on Bishop Avenue or Zang Boulevard.]

-- Bed and breakfast. -- Boutique hotel. [SUP]

(6) Miscellaneous uses. -- Temporary construction or sales office.

(7) Office uses. [Permitted only on lots fronting on Bishop Avenue or Zang Boulevard.]

-- Financial institution without drive in window. -- Medical clinic or ambulatory surgery center. -- Office. (8) Recreation uses.




(9) Residential uses. -- Duplex. -- Handicapped group dwelling unit. [SUP required if spacing

component of Section 51A-4.209(b)(3.1) is not met.] -- Multifamily. -- Retirement housing. -- Single family. (10) Retail and personal service uses. [Permitted only on lots fronting on

Bishop Avenue or Zang Boulevard.] -- Alcoholic beverage establishments. [SUP] -- Antique store. -- Art gallery. -- Dry cleaning or laundry store. -- Furniture store. -- General merchandise or food store. [By right if 5,000 square feet of

floor area or less; otherwise, by SUP.] -- Nursery, garden shop, or plant sales. -- Personal service uses. [Body piercing studios, massage

establishments, and tattoo studios are prohibited.] -- Restaurant without drive-in or drive-through service. [RAR] -- Remote surface parking lot. -- Theater. [SUP] (11) Transportation uses.






(b) Drive-in and drive-through uses. To maintain the urban character and street wall, drive-in and drive-through lanes, windows, or services are prohibited. (c) Accessory uses.



(1) As a general rule, an accessory use is permitted in any subdistrict in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A-4.217, “Accessory Uses.” For more information regarding accessory uses, consult Section 51A-4.217. (2) The following accessory uses are permitted only by SUP: -- Accessory community center (private). (3) The following accessory uses are not permitted:

-- Accessory helistop. -- Accessory medical/infectious waste incinerator. -- Accessory pathological waste incinerator.


(1) Front yard. Except as provided in this paragraph, minimum front yard is 0

feet and maximum front yard is 10 feet. A minimum of 75 percent of the street-facing facade must be located within the area between the minimum and maximum front yard setback. The remaining street-facing facade (25 percent) is not required to comply with the maximum front yard setback.

(2) Side yard. Minimum side yard is 0.

(3) Rear yard. Except as provided in this paragraph, minimum rear yard is 0.

Minimum rear yard is 10 feet if adjacent to a rear yard in Subarea 8. (4) Density. No maximum number of dwelling units. (5) Floor area ratio. No maximum floor area ratio. (6) Height. (A) Except as provided in this paragraph, maximum structure height is

50 feet. Committee Proposal

(B) Along Bishop Avenue and Zang Boulevard, maximum structure height is 75 feet.



Staff Recommendation (B) Along Bishop Avenue Zang Boulevard, maximum structure height

is 75 feet. (C) Any portion of a structure over 30 feet in height may not be

located above a residential proximity slope.

(i) From outside of the subarea, the residential proximity slope is a plane projected upward and outward at a one-to-two rise over run from private property zoned for residential uses restricted to a density of less than 12 units per acre and located outside of the district. An institutional use on a lot of 2 acres or greater shall not trigger a residential proximity slope.with a single family use. Structures listed in Section 51A-4.408(a)(2) may project through the residential proximity slope to a height not to exceed the maximum structure height, or 12 feet above the residential proximity slope, whichever is less, provided the projections violate no more than 20 percent of the plane of the proximity slope above the foot print of the structure.

(ii) From inside of the subarea, the residential proximity slope

is a plane projected upward and outward at a two-to-one rise over run from private property with a detached single family use. Structures listed in Section 51A-4.408(a)(2) may project through the residential proximity slope to a height not to exceed the maximum structure height, or 12 feet above the residential proximity slope, whichever is less, provided the projections violate no more than 20 percent of the plane of the proximity slope above the foot print of the structure.

(7) Lot coverage. Maximum lot coverage is 100 percent. Aboveground

parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not.

(8) Lot size. No minimum lot size is required. (9) Lot width. No minimum or maximum lot width is required. (10) Stories. (A) Except as provided in this paragraph, maximum number of stories

above grade is four. (B) Along Bishop Avenue and Zang Boulevard, maximum number of

stories above grade is five.

(e) Off–street parking and loading. See Section 51P-____.117, “Off-Street Parking and Loading.” (f) Environmental performance standards. See Section 51P-____.118, “Environmental Performance Standards.”



(g) Landscape regulations. See Section 51P-____.119, “Landscaping.” (h) Sign regulations. See Section 51P-____.120, “Signs.” (i) Architectural design standards. See Section 51P-____.121, “Architectural design standards.” (j) Additional provisions. See Section 51P-____.122, “Additional provisions.”



SEC. 51P-714.112. USE REGULATIONS AND DEVELOPMENT STANDARDS IN SUBDISTRICT NO. 4: KIDD SPRINGS PARK.

(a) Uses. The following uses are the only main uses permitted: (1) Agricultural uses. -- Crop production. (2) Commercial and business service uses. None permitted. (3) Industrial uses. None permitted. (4) Institutional and community service uses. -- Church. (5) Lodging uses.

None permitted. (6) Miscellaneous uses. -- Temporary construction or sales office. (7) Recreation uses.


(8) Residential uses. -- Duplex. -- Handicapped group dwelling unit. [SUP required if spacing

component of Section 51A-4.209(b)(3.1) is not met.] -- Multifamily. -- Retirement housing. -- Single family. (9) Retail and personal service uses.



-- Restaurant without drive-in or drive-through service. [By SUP only on lots abutting Kidd Springs Park .]












(1) Front yard. (A) Except as provided in this paragraph, minimum front yard is 10

feet.

(B) Along Cedar Hill Avenue, minimum front yard is 15 feet.

(2) Side yard. (A) Except as provided in this paragraph, minimum side yard is 0.

(B) Abutting Kidd Springs Park, minimum side yard is 15 feet. (3) Rear yard. (A) Except as provided in this subsection minimum rear yard is 0.

(B) Abutting Kidd Springs Park, minimum rear yard is 15 feet.

(4) Density. No maximum number of dwelling units. (5) Floor area ratio. Maximum floor area ratio is 2:1. (6) Height. (A) Except as provided in this paragraph, maximum structure height is

36 feet.

(B) If a minimum of 15 percent of the building site is designated open space, maximum structure height may be increased to 50 feet. For purposes of this paragraph open space means an area that is open to the public for a least eight hours each day, limited to pedestrians, at least 80 percent open to the sky, a contiguous area of not less than 15 feet in width and 25 feet in length, and with a minimum of 25 percent of such open space area being landscaped with turf, ground cover, shrubs, trees, seasonal plantings, or a combination of these plant materials. CPC Recommendation

(C) Any portion of a structure over 30 feet in height may not be located above a residential proximity slope.

(i) A proximity slope only originates Ffrom outside of the

district from property on the east side of Cedar Hill avenue., the The residential proximity slope is a plane projected upward and outward at a one-to-two rise over run from private property zoned for residential uses restricted to a density of less than 12 units per acre and located outside of the district. An institutional use on a lot of 2 acres or greater shall not trigger a residential



proximity slopewith a single family use. Structures listed in Section 51A-4.408(a)(2) may project through the residential proximity slope to a height not to exceed the maximum structure height, or 12 feet above the residential proximity slope, whichever is less, provided the projections violate no more than 20 percent of the plane of the proximity slope above the foot print of the structure.

(ii) A proximity slope only originates fFrom inside of the

district from property south of West Canty Street., tThe residential proximity slope is a plane projected upward and outward at a two-to-one rise over run from private property with a detached single family use. . Structures listed in Section 51A-4.408(a)(2) may project through the residential proximity slope to a height not to exceed the maximum structure height, or 12 feet above the residential proximity slope, whichever is less, provided the projections violate no more than 20 percent of the plane of the proximity slope above the foot print of the structure. Committee Proposal

(C) Any portion of a structure over 30 feet in height may not be located above a residential proximity slope. A proximity slope only originates Ffrom outside of the district from property on the east side of Cedar Hill avenue., the The residential proximity slope is a plane projected upward and outward at a one-to-two rise over run from private property zoned for residential uses restricted to a density of less than 12 units per acre and located outside of the district. An institutional use on a lot of 2 acres or greater shall not trigger a residential proximity slopewith a single family use. Structures listed in Section 51A-4.408(a)(2) may project through the residential proximity slope to a height not to exceed the maximum structure height, or 12 feet above the residential proximity slope, whichever is less, provided the projections violate no more than 20 percent of the plane of the proximity slope above the foot print of the structure. Staff Recommendation

(C) Any portion of a structure over 30 feet in height may not be located above a residential proximity slope.

(i) From outside of the district, the residential proximity slope

is a plane projected upward and outward at a one-to-two rise over run from private property zoned for residential uses restricted to a density of less than 12 units per acre and located outside of the district. An institutional use on a lot of 2 acres or greater shall not trigger a residential proximity slope. Structures listed in Section 51A-4.408(a)(2) may project through the residential proximity slope to a height not to exceed the maximum structure height, or 12 feet above the residential proximity slope, whichever is less, provided the projections violate no more than 20 percent of the plane of the proximity slope above the foot print of the structure.

(ii) From inside of the district, the residential proximity slope is

a plane projected upward and outward at a two-to-one rise over run from private property with a detached single family use. . Structures listed in Section 51A-4.408(a)(2) may project through the residential proximity slope to a height not to exceed the maximum structure height, or 12 feet above the residential proximity slope, whichever is less, provided the projections violate no more



than 20 percent of the plane of the proximity slope above the foot print of the structure. (7) Lot coverage. Maximum lot coverage is 80 percent. Aboveground


(8) Lot size. No minimum lot size is required. (9) Lot width. No minimum or maximum lot width is required. (10) Stories. Maximum number of stories above grade is four.

(e) Off-street parking and loading. See Section 51P-____.117, “Off-Street Parking

and Loading.” (f) Environmental performance standards. See Section 51P-____.118, “Environmental Performance Standards.” (g) Landscape regulations. See Section 51P-____.119, “Landscaping.” (h) Sign regulations. See Section 51P-____.120, “Signs.” (i) Architectural design standards. See Section 51P-____.121, “Architectural design standards.” (j) Additional provisions. See Section 51P-____.122, “Additional provisions.”



SEC. 51P-714.113. USE REGULATIONS AND DEVELOPMENT STANDARDS IN SUBDISTRICT NO. 5: KINGS HIGHWAY GATEWAY.

Note: See Addendum 1 for proposed amendments to portion of property in Kings Highway Conservation District (a) Uses. The following uses are the only main uses permitted: (1) Agricultural uses. -- Crop production. (2) Commercial and business service uses. -- Catering. -- Custom business services. (3) Industrial uses. None permitted. (4) Institutional and community service uses. -- Church. -- Child care facility. (5) Lodging uses.

-- Bed and breakfast. (6) Miscellaneous uses. -- Temporary construction or sales office. (7) Office uses. -- Financial institution without drive in window. -- Medical clinic or ambulatory surgery center. -- Office. (8) Recreation uses.


(9) Residential uses.



-- Duplex. -- Handicapped group dwelling unit. [SUP required if spacing

component of Section 51A-4.209(b)(3.1) is not met.] -- Multifamily. -- Retirement housing. -- Single family. (10) Retail and personal service uses. -- Alcoholic beverage establishments. [SUP] -- Antique store. -- Art gallery. -- Dry cleaning or laundry store. -- Furniture store. -- General merchandise or food store. [By right if 50,000 square feet

of floor area or less; otherwise, by SUP.] -- Nursery, garden shop, or plant sales. -- Personal service uses. [Body piercing studios, massage







(b) Drive-in and drive-through uses. To maintain the urban character and street wall, drive-in and drive-through lanes, windows, or services are prohibited. (c) Accessory uses. (1) As a general rule, an accessory use is permitted in any subdistrict in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are



subject to additional regulations in Section 51A-4.217, “Accessory Uses.” For more information regarding accessory uses, consult Section 51A-4.217. (2) The following accessory uses are permitted only by SUP: -- Accessory community center (private). (3) The following accessory uses are not permitted:




feet. (B) Along Davis Street, minimum front yard is 0 feet and maximum

front yard is 10 feet. A minimum of 75 percent of the street-facing facade must be located within the area between the minimum and maximum front yard setback. The remaining street-facing facade (25 percent) is not required to comply with the maximum front yard setback.

(2) Side yard. Minimum side yard is 0. (3) Rear yard. Minimum rear yard is 0. (4) Density. No maximum number of dwelling units. (5) Floor area ratio. Maximum floor area ratio is 2:1. (6) Height. Maximum structure height is 50 feet.

(7) Lot coverage. Maximum lot coverage is 80 percent. Aboveground


(8) Lot size. No minimum lot size is required.



(9) Lot width. No minimum or maximum lot width is required. (10) Stories. Maximum number of stories above grade is four.





SEC. 51P-714.114. USE REGULATIONS AND DEVELOPMENT STANDARDS IN SUBDISTRICT NO. 6: DAVIS CORRIDOR.

(a) Uses. The following uses are the only main uses permitted: (1) Agricultural uses. -- Crop production. (2) Commercial and business service uses. -- Catering. -- Custom business services. (3) Industrial uses. None permitted. (4) Institutional and community service uses. -- Church. -- Child care facility. -- Community service center. [SUP] (5) Lodging uses.



(9) Residential uses. -- Duplex.



-- Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(b)(3.1) is not met.]

-- Multifamily. -- Retirement housing. -- Single family. (10) Retail and personal service uses. -- Alcoholic beverage establishments. [SUP] -- Antique store. -- Art gallery. -- Dry cleaning or laundry store. -- Furniture store. -- General merchandise or food store. [By right if 50,000 square feet

of floor area or less; otherwise, by SUP.] -- Nursery, garden shop, or plant sales. -- Personal service uses. [Body piercing studios, massage

establishments, and tattoo studio are prohibited.] -- Restaurant without drive-in or drive-through service. [RAR] -- Remote surface parking lot. -- Theater. [SUP] (11) Transportation uses.






(b) Drive-in and drive-through uses. To maintain the urban character and street wall, drive-in and drive-through lanes, windows, or services are prohibited. (c) Accessory uses. (1) As a general rule, an accessory use is permitted in any subdistrict in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A-4.217, “Accessory Uses.” For more information regarding accessory uses, consult Section 51A-4.217.



(2) The following accessory uses are permitted only by SUP: -- Accessory community center (private). (3) The following accessory uses are not permitted:




feet.

(B) Along Davis Street, minimum front yard is 0 feet and maximum front yard is 10 feet. A minimum of 75 percent of the street-facing facade must be located within the area between the minimum and maximum front yard setback. The remaining street-facing facade (25 percent) is not required to comply with the maximum front yard setback.

(2) Side yard. Minimum side yard is 0. (3) Rear yard. (A) Except as provided in this paragraph, minimum rear yard is 0 feet.

(B) If adjacent to a single family zoning district, minimum rear yard is 10 feet.

(4) Density. No maximum number of dwelling units. (5) Floor area ratio. No maximum floor area ratio.

(6) Height. (A) Except as provided in this paragraph, maximum structure height is

75 feet.



Committee ProposalCPC Recommendation (B) South of Davis Street between Hampton Road and Rosemont

Avenue, maximum structure height is 50 feet (C) Any portion of a structure over 30 feet in height may not be

located above a residential proximity slope. The residential proximity slope is a plane projected upward and outward at a one-to-one rise over run from private property zoned for residential uses restricted to a density of less than 12 units per acre and located outside of the district with a single family use on an abutting property with no intervening street. An institutional use on a lot of 2 acres or greater shall not trigger a residential proximity slope.with a single family use. Otherwise the residential proximity slope does not apply. Structures listed in Section 51A-4.408(a)(2) may project through the residential proximity slope to a height not to exceed the maximum structure height, or 12 feet above the residential proximity slope, whichever is less. Staff Recommendation

(B) South of Davis Street between Hampton Road and Rosemont Avenue, maximum structure height is 40 feet.

(C) Any portion of a structure over 30 feet in height may not be

located above a residential proximity slope. The residential proximity slope is a plane projected upward and outward at a two-to-one rise over run from private property with a single family use outside of the district. Structures listed in Section 51A-4.408(a)(2) may project through the residential proximity slope to a height not to exceed the maximum structure height, or 12 feet above the residential proximity slope, whichever is less, provided the projections violate no more than 20 percent of the plane of the proximity slope above the foot print of the structure.

(7) Lot coverage. Except as provided in this pargragph, Mmaximum lot

coverage is 100 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not.

(A) For properties located south of Davis Street, from Hampton Road to

Rosemont Avenue, maximum lot coverage is 80 percent.

(8) Lot size. No minimum lot size is required. (9) Lot width. No minimum or maximum lot width is required. (10) Stories. (A) Except as provided in this paragraph, maximum number of stories

above grade is five. (B) South of Davis Street between Hampton Road and Rosemont

Avenue, maximum number of stories above grade is four.



(e) Off–street parking and loading. See Section 51P-____.117, “Off-Street Parking and Loading.” (f) Environmental performance standards. See Section 51P-____.118, “Environmental Performance Standards.” (g) Landscape regulations. See Section 51P-____.119, “Landscaping.” (h) Sign regulations. See Section 51P-____.120, “Signs.” (i) Architectural design standards. See Section 51P-____.121, “Architectural design standards.” (j) Additional provisions. See Section 51P-____.122, “Additional provisions.”



SEC. 51P-714.115. USE REGULATIONS AND DEVELOPMENT STANDARDS IN SUBDISTRICT NO. 7: WINNETKA HEIGHTS VILLAGE.

Note: See Addendum 2 for proposed amendments to portion of property in the Winnetka Heights Historic District. (a) Uses. The following uses are the only main uses permitted: (1) Agricultural uses. -- Crop production. (2) Commercial and business service uses. -- Catering. (3) Industrial uses. None permitted. (4) Institutional and community service uses. -- Church. -- Child care facility. (5) Lodging uses.






-- Duplex. -- Handicapped group dwelling unit. [SUP required if spacing

component of Section 51A-4.209(b)(3.1) is not met.] -- Multifamily. -- Retirement housing. -- Single family. (10) Retail and personal service uses. -- Antique store. -- Art gallery. -- Dry cleaning or laundry store. -- Furniture store. -- General merchandise or food store. [By right if 5,000 square feet of

floor area or less; otherwise, by SUP.] -- Nursery, garden shop, or plant sales. -- Personal service uses. [Body piercing studios, massage







(b) Drive-in and drive-through uses. To maintain the urban character and street wall, drive-in and drive-through lanes, windows, or services are prohibited. (c) Accessory uses. (1) As a general rule, an accessory use is permitted in any subdistrict in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are



subject to additional regulations in Section 51A-4.217, “Accessory Uses.” For more information regarding accessory uses, consult Section 51A-4.217. (2) The following accessory uses are permitted only by SUP: -- Accessory community center (private). (3) In this subdistrict, the following accessory uses are not permitted:




feet.

(B) Along Davis Street, minimum front yard is 0 feet and maximum front yard is 10 feet. A minimum of 75 percent of the street-facing facade must be located within the area between the minimum and maximum front yard setback. The remaining street-facing facade (25 percent) is not required to comply with the maximum front yard setback

(2) Side yard. Minimum side yard is 0 (3) Rear yard. Minimum rear yard is 0 feet. (4) Density. No maximum number of dwelling units. (5) Floor area ratio. No maximum floor area ratio. (6) Height. Maximum structure height is 36 feet. (7) Lot coverage. Maximum lot coverage is 80 percent. Aboveground


(8) Lot size. No minimum lot size is required.



(9) Lot width. No minimum or maximum lot width is required. (10) Stories. Maximum number of stories above grade is three.





SEC. 51P-714.116. USE REGULATIONS AND DEVELOPMENT STANDARDS IN SUBDISTRICT NO. 8: WEST GARDEN DISTRICT.

(a) Uses. The following uses are the only main uses permitted: (1) Agricultural uses. -- Crop production. (2) Commercial and business service uses. None permitted. (3) Industrial uses. None permitted. (4) Institutional and community service uses. -- Childcare facility. [Permitted in Subarea 8A only.] -- Church. (5) Lodging uses.

None permitted. (6) Miscellaneous uses. -- Temporary construction or sales office. (7) Office uses. -- Financial institution without drive in window. [Permitted in

Subarea 8A only.] -- Medical clinic or ambulatory surgery center. [Permitted in

Subarea 8A only.] -- Office. [Permitted in Subarea 8A only.] (8) Recreation uses.



-- Duplex.



-- Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(b)(3.1) is not met.]

-- Single family. (10) Retail and personal service uses. -- Antique store. [Permitted in Subarea 8A only.] -- Art gallery. [Permitted in Subarea 8A only.] -- Dry cleaning or laundry store. [Permitted in Subarea 8A only.] -- General merchandise or food store. [Permitted in Subarea 8A only

if 5,000 square feet of floor area or less.] -- Personal service uses. [Permitted in Subarea 8A only. Body

piercing studios, massage establishments, and tattoo studios are prohibited.]












(1) Front yard. Minimum front yard is 20 feet.

(2) Side yard. Minimum side yard is five feet. (3) Rear yard. Minimum rear yard is five feet. (4) Density. Maximum number of dwelling units per lot is two. A second

dwelling unit may be an existing duplex unit, or if on lot with a single family detached dwelling, the unit must be on the rear 30 percent of the lot. A second dwelling unit is not considered an accessory structure. A second dwelling unit must have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the existing dwelling unit. "Compatible" as used in this provision means similar in application, color, materials, pattern, quality, shape, size, slope, and other characteristics; but does not necessarily mean identical. The burden is on the property owner or applicant to supply proof of compatibility.

(5) Floor area ratio. No maximum floor area ratio. (6) Height. Maximum structure height is 30 feet. (7) Lot coverage. Maximum lot coverage is 45 percent. Aboveground


(8) Lot size. Minimum lot size is 5,000 square feet. (9) Lot width. No minimum or maximum is required. (10) Stories. Maximum number of stories above grade is two. .


and Loading.”



(f) Environmental performance standards. See Section 51P-____.118, “Environmental Performance Standards.” (g) Landscape regulations. See Section 51P-____.119, “Landscaping.” (h) Sign regulations. See Section 51P-____.120, “Signs.” (i) Architectural design standards. See Section 51P-____.121, “Architectural design standards.” (j) Additional provisions. See Section 51P-____.122, “Additional provisions.”



SEC. 51P- .117. OFF-STREET PARKING AND LOADING.

(a) In general. Except as provided in this section, consult the use regulations in Division 51-4.200 for the specific off-street parking and loading requirements for each use.

(1) Multifamily use. A minimum of one off-street parking space per bedroom is required with a maximum of two required off-street parking spaces per dwelling unit.

(2) Restaurant use.

(A) A minimum of one off-street parking space per 125 square feet of floor area is required.

(B) If an outdoor dining area, whether covered or not, is within 20 feet

of, and has direct access to, a street, sidewalk, or publically accessible open space, the outdoor dining area is excluded for calculation of the parking requirement for up to 25 percent of the size of the indoor floor area. Any portion of the an outdoor dining area in excess of 25 percent of the size of the indoor floor area must be parked in accordance with Subsection(a)(2)(A).

(b) Parking reductions.

CPC Recommendation (1) Bicycle parking. Off-street parking spaces required for a use may be

reduced by one space for each four lockable bicycle parking station provided for that use, up to a maximum of five three off-street parking spaces per lot. Committee Proposal

(1) Bicycle parking. Off-street parking spaces required for a use may be reduced by one space for each four lockable bicycle parking station provided for that use, up to a maximum total of five off-street parking spaces per lot. Staff Recommendation

(1) Bicycle parking. Off-street parking spaces required for a use may be reduced by one space for each four lockable bicycle parking station provided for that use, up to a maximum of two off-street parking spaces per lot.

(2) Legacy buildings. (A) For residential uses within a legacy building, off-street parking

requirements may be reduced an additional 25 percent.

Committee ProposalCPC Recommendation (B) For retail-related uses or office uses within a legacy building, no

off-street parking is required.



Staff Recommendation (B) For each street-level retail-related or office use within a legacy

building that has a separate certificate of occupancy, off-street parking spaces are not required for the first 2,500 square feet of floor area. (3) Mixed use development parking. (A) In general. The off-street parking requirement for a mixed use development may be reduced in accordance with the mixed use development parking chart (Exhibit D). (B) Calculation of adjusted standard off-street parking requirement. The adjusted off-street parking requirement for a mixed use development is calculated as follows: (i) The standard parking requirements for each of the uses in the mixed use development must be ascertained. (ii) The parking demand for each use is determined for each of the five times of day shown in the mixed use development parking chart by multiplying the standard off-street parking requirement for each use by the percentage in the chart assigned to the category of use. If a use in the development does not fall within one of the categories shown in the mixed use development parking chart, the percentage assigned to that use is 100 percent for all five times of day. (iii) The “time of day” columns are totaled to produce sums that represent the aggregate parking demand for the development at each time of day. The largest of these five sums is the adjusted off-street parking requirement for the development. (C) Minimum parking requirement. If one or more of the main uses in a mixed use development is a nonresidential use, the minimum parking requirement for the mixed use development cannot be reduced to a number of spaces that is less than the sum of the standard parking spaces required for each of the nonresidential uses in the mixed use development.

(4) On-street parking. Except as provided in this subparagraph, any on-street parking spaces that abut the building site may be counted as a reduction in the off-street parking requirement of the use adjacent to the on-street parking space. On street parking must be striped in accordance with standard city specifications.

(A) An on-street parking space may not be used to reduce the required for more than one use, except that an on-street parking space may be used to reduce the combined total parking requirement for a mixed use development.

(B) An on-street parking space that is not available to the public at all

times of the ay ma only be counted as a partial parking space in proportion to the amount of time



that is available. For example, a parking space that is available to the public only eight hours per day will be counted as one-third of the parking space (8 / 24 = 1/3). The total number of the limited-available parking spaces will be counted to the nearest whole number, with one-half counted as an additional space.

(5) Remote parking. (A) For non-residential uses and mixed use developments, remote

parking is permitted if the remote parking is within a walking distance of 1000 feet from the use served and the requirements of Division 51-4.320, “Special Parking Regulations,” are met, including the landscape requirements.

(B) An agreement authorizing a nonresidential use or a mixed use

development to use remote parking for nonresidential uses may be based on a lease of the remote parking spaces only if the lease:

(i) is in writing; (ii) contains legal descriptions of the properties affected;

(iii) specifies the special parking being provided and the hours of operation of any use involved; (iv) is governed by the laws of the state of Texas; (v) is signed by all owners of the properties affected; (vi) signed by all lienholders, other than taxing entities, that have an interest in or an improvement on the properties; (vii) is for a minimum term of three years; and

(viii) provides both the owner of the lot occupied by the non-

residential use or mixed use development use and the owner of the remote parking lot shall notify the city of DallasBuilding Official in writing if there is a breach of any provision of the lease, or if the lease is modified or terminated.

CPC Recommendation

(C) Delta Credits. The provision of remote parking spaces shall not effect a reduction in the number of delta credits that a building site is entitled to.

(6) Tree preservation. Off-street parking spaces required for a use may be

reduced by one space for each protected tree (as defined in Article X) retained on site that would otherwise have to be removed to provide the required off-street parking for that use.



SEC. 51P- .11_. LEGACY BUILDING AMENDMENTS. CPC Recommendation (a) If the city plan commissionDirector finds that all of the following standards apply to a building within this district, the director is authorized to add the building to the legacy building Exhibit ___A attached to this ordinance: Staff Recommendation (a) If the city plan commission finds that all of the following standards apply to a building within this district, the director is authorized to add the building to the legacy building Exhibit ___A attached to this ordinance:

(1) the building was constructed before 1957 if fronting on Davis Street and before 1945 if fronting on Bishop Avenue;

(2) the primary street-facing facade of the building is within 10 feet of the

right-of-way line of Davis Street or within five feet of the 25 foot front yard setback line on Bishop Avenue;

(3) the building’s main entrance faces Davis Street or Bishop Avenue; (4) the building windows and door openings total at least 20 percent of the

facade area that faces David Street or Bishop Avenue; and (5) off-street parking is not located in the required front yard.

CPC Recommendation (b) The city plan commission shall follow the same procedures for approval of development plans and the fee for a development plan shall apply. Staff Recommendation (b) The city plan commission shall follow the same procedures for approval of development plans and the fee for a development plan shall apply.



SEC. 51P- .118. ENVIRONMENTAL PERFORMANCE STANDARDS. See Article VI. SEC. 51P- .119. LANDSCAPING. (a) In general. Except as provided in this section, landscaping must be provided in accordance with Article X. (b) Street trees. Plant materials must be maintained in a healthy, growing condition.



SEC. 51P- .120. SIGNS.

(a) In general.

(1) ,Except as provided in this section, for all facades fronting on Davis Street, Bishop Avenue in Subarea 3, Zang Boulevard, 7th Street in Subarea 6, Hampton Road, and Jefferson Boulevard signs must comply with the provisions for business zoning districts in Article VII.

(2) For all other facades, signs must comply with the provisions for the non-

business zoning districts in Article VII for all other facades. (3) Except for A-frame signs, movement control signs used for parking, and monument signs in Subarea 1, detached signs are prohibited.

(b) Signs in the right-of-way.

(1) Except as provided in this section, signs may be located within the right-of-way subject to the franchise requirements of Chapter XIV of the City Charter, Article VI of Chapter 43 of the Dallas City Code, as amended, Chapter 45 of the Dallas Building Code, and the requirements of all other applicable laws, codes, ordinances, rules, and regulations.

(2) The director of public works and transportation must review the location

of any sign located in or overhanging the right-of-way to ensure that the sign will not pose a traffic hazard or visibility obstruction.

(3) If the director of public works and transportation determines that a

previously-approved sign must be removed or relocated because of safety requirement of changing traffic conditions, the relocation or removal must be done at the owner’s expense within 30 days.

(c) A-frame signs. The following regulations apply:

(1) A-frame signs may identify a business use. (2) The maximum size of an A-frame sign is 32 inches wide and 36 inches

tall. (3) The maximum effective area for each side of an A-frame sign is 1,200

square inches. (4) An A-frame sign may only be displayed when the business it identifies is

open.



(5) A-frame signs may be located on the sidewalk if a minimum of four feet of unobstructed sidewalk area is provided, and all necessary licenses and permits have been obtained.

(6) Only one A-frame sign is permitted for each business use. (7) A-frame signs must be separated by a minimum of 50 feet. (8) A-frame signs may not be located within 25 feet of an intersection or

within a visibility triangle.

(d) Blade signs. The following regulations apply:

(1) Blade signs must be attached premise signs. (2) Blade signs may not be internally illuminated. (3) Blade signs may be horizontal or vertical. (4) There is no limit on the number of blade signs. (5) The maximum area for blade signs is 30 square feet. (6) Blade signs may be located no closer than 12 feet and no further than 25

feet from street level. (7) A blade sign may not project more than three feet into the right-of-way. (8) A blade sign may not be located closer than 15 feet to another projecting

sign.

(e) Monument signs. The following regulations apply:

(1) Monument signs are only permitted in Subarea 1. (2) Monument signs must be premise signs. (3) Monument signs may not be internally illuminated. (4) One monument sign is permitted per lot. (5) Monument signs must be setback five feet from the right-of-way. (6) The maximum height for a monument signs is four feet. (7) The maximum area for a monument signs is 40 square feet.



SEC. 51P- .121. ARCHITECTURAL DESIGN STANDARDS. (a) Applicability. Architectural design standards only apply to new construction of buildings with multifamily, mixed-use, or nonresidential uses in all subareas and new construction of single family and duplex uses in Subarea 8 (see Section 51P-____.121(l) for standards for Subarea 8).

(b) Purpose. (1) These architectural design standards are intended to preserve the historical, cultural, and architectural importance and significance of the Davis Street and Bishop Avenue corridors. This area has historic and cultural importance as an early major east-west thoroughfare in the Dallas metroplex and as the earliest neighborhoods developed in Oak Cliff. The corridor reflects turn of the century development, urban expansion, mid-20th century Americana and post-World War II automobile culture. These architectural design standards are intended to preserve the character of the corridor while allowing compatible new construction and modifications that respect the corridor’s historical, cultural and architectural significance. (2) These architectural design standards are intended to;

(A) ensure that new development enhances the character of the corridor and complements adjacent neighborhoods;

(B) ensure that increased density in established neighborhoods makes a

positive contribution to the area’s character; (C) ensure the integrity of historic buildings and the compatibility of

new development; and (D) enhance the character and environment for pedestrians.

(c) Plan review.

The director shall review any plan submitted to determine whether it complies with the requirements of this section. (d) Building orientation.

The primary facade of new construction must be face the street (e) Entrances.

(1) All street-facing entrances must be architecturally prominent and clearly visible from the street.



(2) Primary customer entrances for office and retail and personal service uses must face the street or a courtyard, door yard, or plaza area with direct access to the street. Primary customer entrances for retail and personal service uses must be clearly visible through the use of two or more of the following architectural details:

(A) Arcade. (B) Arch. (C) Awning. (D) Canopy. (E) Decorative elements such as tile work, molding, raised banding or

projected banding. (F) Display windows. (G) Projections. (H) Enhanced cornice details. (I) Raised parapet. (J) Recess.

(f) Facades.

(1) Street-facing facades on a single building site must have similar

architectural design.

(2) Street-facing facades exceeding 30 feet in length must have two of the following elements. Street facing facades exceeding 100 feet in length must have four of the following elements:

(A) Change in plane, such as an offset, reveal, recess, or projection. Changes in plane must have a width of no less than 24 inches and depth of at least eight inches and may include columns, planters, arches and niches.

(B) Architectural details such as raised bands and cornices. (C) Architecturally prominent public entrance. (D) Awnings. (E) Change in color.



(F) Change in material. (G) Change in texture.

(3) The street level of the primary facade for nonresidential uses or mixed use

projects with retail uses on the street level must have at least two of the following elements for at least 60 percent of the width of the facade:

(A) Arcades, canopies or secondary roofs to provide shade. (B) Display windows. (C) Awnings associated with windows or doors.

(4) Accessory structures must have the same architectural design elements,

materials, and roof design as the primary structure. (5) If a building is two stories or less, 30 percent of the street-facing facade,

excluding fenestration, must be masonry. If the building is more than two stories, 100 percent of the first-story street-facing facade, excluding fenestration, must be masonry.

(6) The street level primary facade of nonresidential uses or mixed use

projects with nonresidential uses on the street level must have a minimum transparency of 40 percent.

(7) Facades may not consist of more than 80 percent glass. For purposes of

this provision, glass block is not considered as glass.

(g) Massing and form. (1) If a building exceeds 150 feet of frontage along any street, and exceeds 36

feet in height, that building must have a minimum of 500 square feet of sloped-roof area. The sloped-roof area must be visible from the street, and the slope must exceed a pitch of two in 12.

(2) To create varied building massing for large scaled buildings, no more than

80 percent of any building footprint may exceed 60 feet in height.

(h) Fences and walls.

To prevent visual monotony, at least 20 percent of the length of any fence or wall longer than 200 feet must be alternated materials, alternate textures, gates, offsets, or openings. The alternate materials, alternate textures, gates, offsets, or openings may be spread out over the length of the fence or wall.

(i) Materials.

(1) Glass. The reflectance of glass used on the first two stories may not exceed 15 percent. The reflectance of glass used on stories above the first two stories may not



exceed 27 percent. As used in this provision, “reflectance” is the percentage of available light energy reflected away from the exterior surface of the glass. The higher the reflectance percentage, the more mirror-like the surface will appear.

(2) Masonry.

(A) Allowed.

(i) Stone. (ii) Brick. (iii) Finished concrete masonry units such as split-faced

concrete masonry units. (iv) Job-site cast concrete with an architectural finish. (v) Cast stone. (vi) Cultured stone.

(B) Prohibited. (i) CMUs. (ii) Precast concrete that do not have an architectural finish.

(3) Metal.

(A) Allowed. No more than 20 percent of a street-facing facade may be flat or corrugated metal panels.

(B) Prohibited. Metal siding that imitates wood siding.

(4) Plastic.

(A) Allowed. Fiberglass panels and polycarbonate panels. (B) Prohibited. Plastic siding and vinyl siding that imitate wood siding.

(5) Stucco.

(A) Allowed. Stucco. (B) Prohibited. Simulated stucco (EIFS).

(6) Tile. Terra cotta and tile are allowed.



(7) Wood.

(A) Allowed.

(i) Natural wood. (ii) Composite panels or planks no greater than eight inches in

width.

(B) Prohibited. Flake board, particle board, or press board.

(j) Roofs. In addition to the requirements of Section 51P-____.121(g), mechanical equipment, skylights, and solar panels on roofs must be set back or screened so that they are not visible to a person standing at street level on the opposite side of any adjacent right-of-way.

(k) Windows. Retail and personal service uses must provide windows or display cases in street-level street facing windows along sidewalks.

(l) Architectural standards for residential structures in Subarea 8.

(1) Purpose. The purpose of these architectural regulations is to cause new construction and major modifications in the sub-district to be compatible with the existing Victorian Transitional-style housing stock in the neighborhood.

(2) Applicability. These regulations apply to new construction and major modifications for single-family or duplex use only.

(3) Standards,

(A) Structures in the front 50 percent of a lot may only have hipped-roofed or gable-roofed forms with a minimum roof slope of four (vertical) to 12 (horizontal) and a maximum roof slope of 12 (vertical) in 12 (horizontal). Elements such as porches or roof dormers may have a minimum roof slope of two (vertical) in 12 (horizontal).

(B) The primary façade material must be painted horizontal lap siding,

composed of wood or cement-fiber board. No more than 15 percent of any façade may be clay-fired brick.

(C) Each residential structure must have a covered porch with a

minimum of two open sides and a minimum floor area of 50 square feet; the porch must be visible from the street.

(D) Parking is not permitted in the front yard; this regulation applies to

required parking and non-required parking.

(E) Front-facing garage doors may not be located in the front 50% of any lot.



SEC. 51P- .122. STREET AND SIDEWALK STANDARDS.

(a) Davis Street and Bishop Avenue (South of Davis).

(1) Minimum sidewalk width is 10 feet with a minimum unobstructed width of seven feet.

(2) On-street parallel parking with curbed neck-downs is required in

accordance with the form based urban-design standards. (3) Where the existing right-of-way width does not allow for the required

sidewalk width to be provided, an additional sidewalk easement shall be dedicated at the time of platting to achieve a 10’ wide sidewalk. This does not apply to existing buildings to remain.

(b) Bishop Avenue (North of Davis).

(1) A minimum 13 foot wide sidewalk, with a minimum 10-foot-wide unobstructed sidewalk must be provided

(2) On-street parallel parking with curbed neck-downs is required in

accordance with the form-based urban design standards.

(c) All other streets. A minimum six-foot-wide unobstructed sidewalk must be provided. .

(d) Pedestrian amenities.

(1) In general.

(A) Pedestrian amenities must be accessible to the public. (B) Pedestrian amenities must be located at least seven feet away from

a transit stop. (C) Canopies, awning, and street lamps must have a minimum

clearance above a sidewalk of eight feet in height. (D) Light fixtures may not exceed 14 feet in height. Light fixtures must

be cut-off type luminaires that direct lighting downward. (E) Except as provided in this subsection, pedestrian amenities must be

provided on each block and must be located within the curb-to-building area, but may not be located within the unobstructed sidewalk width.

(2) Davis Street and Bishop Avenue.



(A) The following pedestrian amenities must be provided:

(i) At least one bench per 100 feet of street frontage; (ii) At least one trash receptacle per 100 feet of street frontage; (iii) Free-standing or wall-mounted street lamps as specified in

the form-based urban design standards.

(B) At least one of the following pedestrian amenities must be provided on each block:

(i) Awnings or canopies with a minimum overhang of four feet and a minimum length of 25 feet per 100 feet of building façade along the street frontage.

(ii) At least one five-bicycle parking unit per 100 feet of street

frontage. (iii) Public art, approved in writing by the director of the office

of cultural affairs or the cultural affairs commission.

(3) All other streets. The following pedestrian amenities must be provided:

(a) At least one free-standing street lamp, street light suspended between structures, or wall mounted street lamp per 60 feet of street frontage.

(b) At least one trash receptacle per 100 feet of street frontage.

(4) Maintenance. Pedestrian amenities must be maintained in a state of good

repair and neat appearance.

(5) Driveway design.

(a) Pedestrian crosswalks across ingress and egress driveways must be clearly marked by colored concrete or patterned or stamped concrete and approved by the director of public works and transportation. Pedestrian crosswalk markings on the same block frontage must be consistent.

(b) Curb cuts for driveways must be at least 12 feet but not more than 24 feet in length measured parallel to the frontage. SEC. 51P- .122. ADDITIONAL PROVISIONS. (a) The Property must be properly maintained in a state of good repair and neat appearance.



(b) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. SEC. 51P- .123. COMPLIANCE WITH CONDITIONS. (a) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. (b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city. SEC. 51P- .124. ZONING MAP. PD _____ is located on Zoning Map No. _____.” SECTION 3. That, pursuant to Section 51A-4.701 of Chapter 51A of the Dallas City

Code, as amended, the property description in Section 1 of this ordinance shall be construed as

including the area to the centerline of all adjacent streets and alleys.

SECTION 4. That development of this district must comply with the full-scale version(s)

of Exhibit ___ (name of exhibit) attached to this ordinance. (A) reduced-sized version(s) of

(this/these) plan(s) shall be provided in Chapter 51P. Permits shall be issued based on

information provided on the full-scale version(s) of the plan(s).

SECTION 54. That the director of development services shall correct Zoning District

Map No. _____ in the offices of the city secretary, the building official, and the department of

development services to reflect the changes in zoning made by this ordinance.

SECTION 65. That the city attorney is authorized to insert the enrolled number of this

ordinance in the legislative history section of Article _____ in Chapter 51P.



SECTION 76. That a person who violates a provision of this ordinance, upon conviction,

is punishable by a fine not to exceed $2,000.

SECTION 87. That the zoning ordinances of the City of Dallas and Chapter 51P of the

Dallas City Code, as amended, shall remain in full force and effect, save and except as amended

by this ordinance.

SECTION 98. That the terms and provisions of this ordinance are severable and are

governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended.

SECTION 109. That this ordinance shall take effect immediately from and after its

passage and publication, in accordance with the Charter of the City of Dallas, and it is

accordingly so ordained

APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney By__________________________________ Assistant City Attorney Passed


Exhibit “A”

District Maps (page 1 of 9)

Z089-219 (Davis Street Special Purpose District) EXHIBITS - Page 1 DRAFT


Exhibit “A”




Exhibit “A”


*CD -7 Exhibit is for informational purposes only and is amended by a separate

ordinance but is part of this authorized hearing



Exhibit “A”




Exhibit “A”


*CD -1, Subarea 2, is shown for informational purposes only and is amended by a separate ordinance but is part of this authorized hearing



Exhibit “A”




Exhibit “A”


*Portion of PD 87 / H 16 shown is for informational purposes only and is amended

by a separate ordinance but is part of this authorized hearing



Exhibit “A”




Exhibit “B”

District Descriptions

[Insert Descriptions Here]

Blank Page



Exhibit “C”

List of Legacy Buildings (page 1 of 2)

833 W. 7th 300 W. Davis 837 W. 7th 306 W. Davis 600 N. Bishop 316 W. Davis 614 N. Bishop 332 W. Davis 627 N. Bishop 408 W. Davis 702 N. Bishop 416 W. Davis 705 N. Bishop 420 W. Davis 706 N. Bishop 428 W. Davis 710 N. Bishop 445 W. Davis 712 N. Bishop 451 W. Davis 712-714 N. Bishop 511 W. Davis 713 N. Bishop 512 W. Davis 729 N. Bishop 518 W. Davis 736 N. Bishop 522 W. Davis 808-810 N. Bishop 614 W. Davis 811 N. Bishop 633 W. Davis 819 N. Bishop 634 W. Davis 825 N. Bishop 654 W. Davis 826 N. Bishop 700 W. Davis 830 N. Bishop 714 W. Davis 835 N. Bishop 817-819 W. Davis 900 N. Bishop 821 W. Davis 901-907 N. Bishop 838 W. Davis 913-915 N. Bishop 936 W. Davis 914 N. Bishop 937 W. Davis 917-919 N. Bishop 1003 W. Davis 1010-1012 N. Bishop 1123 W. Davis 1014 N. Bishop 1214 W. Davis 1016 N. Bishop 1215 W. Davis 1018 N. Bishop 1305 W. Davis 1019 N. Bishop 1310 W. Davis 1033 N. Bishop 1313 W. Davis 1035 N. Bishop 1314 W. Davis 1101-1103 N. Bishop 1400 W. Davis 502 N. Clinton 1405 W. Davis 607 N. Clinton 1408 W. Davis 110 W. Davis 1809 W. Davis 238 W. Davis 2212 W. Davis 247 W. Davis 600 Haines



Exhibit “C”

List of Legacy Buildings (page 2 of 2)

1001 Kings Hwy 418 N. Marlborough 508 N. Montclair 509 N. Montclair 600 N. Montclair 601 N. Montclair 601 N. Rosemont 602 N. Rosemont 600 N. Tyler 610 N. Tyler 503 N. Windomere 500-506 N. Winnetka 508 N. Winnetka 509 N. Winnetka



EXHIBIT D

Mixed Use Development Parking Chart (for calculating standard parking requirement)

USE CATEGORIES STANDARD PARKING PARKING ADJUSTMENT PERCENTAGES BY REQUIREMENT THE TIME OF DAY (weekday) Morning Noon Afternoon Late Afternoon Evening Residential Uses per Ordinance 80% 60% 60% 70% 100% (excluding multifamily) Multifamily Uses per Ordinance 80% 60% 60% 70% 100% Office Uses per Ordinnace 100% 80% 100% 85% 35% Retail & personal per Ordinance 60% 75% 70% 65% 70% service uses Bar & restaurant uses per Ordinance 20% 100% 30% 30% 100% Any other use per Ordinance 100% 100% 100% 100% 100%

The adjusted standard off-street parking requirements for the development are the largest of the five “time of day” column sums.

Note: If the use does not fit into one of the first four categories listed above, 100

percent assignment must be used in each of the “time of day” columns. If one or more of the main uses in the development is a retail and personal service use, the minimum parking requirement for the development under this reduction option is the sum of the standard parking requirements for each of the retail and personal service uses in the development


May 20, 2010 CPC Rec. Amend CD 1 Ordinance

Z089-219 (Davis Street CD 1 Amendments) - Page 1 DRAFT

ADDENDUM 1

KINGS HIGHWAY CONSERVATION DISTRICT AMENDMENTS



GENERAL PROVISIONS APPLICABLE TO ALL SUBAREAS EXCEPT SUBAREA 5 SECTION 9. General provisions. The provisions in this section apply to all subareas in

this district except for Subarea 5.

(a) Architectural styles. New construction in this district must conform to craftsman, prairie, or tudor styles as described in the attached Kings Highway Conservation Plan. (b) Conversions or additions. Conversions or additions that increase the number of dwelling units are prohibited. (c) Nonconforming uses and structures. (1) Nonconformity provisions listed in CHAPTER 51A "PART II OF THE DALLAS DEVELOPMENT CODE," as amended, apply to the Kings Highway Conservation District except as otherwise provided in this subsection. (2) If the degree of nonconformity is voluntarily reduced, all rights to the previous degree of nonconformity are lost. (3) If a nonconforming structure is damaged to the extent of more than 60 percent of the replacement cost of the nonconforming structure on the date of the damage, the owner may rebuild the nonconforming structure only after a hearing and approval of the board. (d) Provisions of special applicability. The following provisions apply only to those structural components visible from a street. (1) Exterior facade materials. (A) Only those exterior facade materials listed in Table 1 of the Kings Highway Conservation Plan may be used for new construction. (B) Only brick, wood, or materials similar in appearance to wood may be used for renovations or additions. (2) Fences. Fences in the front yard may not exceed 36 inches in height. (3) Paving. Driveways and sidewalks must be paved with smooth-finished concrete, brick, or brick paver material. (4) Roofing. Roll roofing is not permitted except on existing flat roofs. (5) Stairwells. Exterior stairwells visible from the street are not permitted. Enclosures for stairwells must conform to the style of the house.



(6) Windows. (A) Windows must be consistent with the architectural style of the main use. (B) Fixed windows are not permitted except for: (i) stained or leaded glass windows; or (ii) porch enclosures if the enclosure fits their corresponding original openings. (C) All windows must fit their corresponding wall openings. (D) Aluminum windows must be painted with non-metallic paint and must be indistinguishable from original windows. (e) Vending machines and telephone booths. Coin or currency-operated vending machines and telephone booths may not be located in or visible from a front or corner side yard.



USE REGULATIONS, DEVELOPMENT STANDARDS, AND CONSERVATION CRITERIA FOR SUBAREA 2

SECTION 11. Subarea 2-duplex Mixed Use. (a) Density. No more than one dwelling unit is permitted per 3,000 square feet of lot area. No maximum number of dwelling units. ProposalCPC Recommendation (b) Height. No structure may exceed 30 feet in height. Maximum structure height is 50 feet. Staff Recommendation (b) Height. No structure may exceed 30 feet in height. Except as provided in this paragraph maximum structure height is 50 feet.

(1) Any portion of a structure over 30 feet in height may not be located above a

residential proximity slope. The residential proximity slope is a plane projected upward and outward at a one-to-two rise over run from private property zoned for residential uses restricted to a density of less than 12 units per acre and located with a single family use outside subarea 2. An institutional use on a lot of 2 acres or greater shall not trigger a residential proximity slope. Otherwise there is no residential proximity slope. Chimneys and vent stacks may project through the residential proximity slope to a height not to exceed the maximum structure height or 12 feet above the residential proximity slope, whichever is less. (c) Landscape regulations. Fifty percent of the area between the street and the building line must be landscaped with live plant materials. (d) Lot coverage. (1) The maximum lot coverage for residential uses is 45 80 percent. (2) The maximum lot coverage for other permitted uses is 25 percent. (3) If a residential use is located on the same lot with another permitted use, the maximum lot coverage is 45 percent. (e) Lot size. No minimum lot size is required. (1) The minimum lot area for residential uses is 6,500 square feet. (2) The minimum lot width for residential uses is 60 feet. (3) The minimum lot depth for residential uses is 100 feet. (f) Setbacks.



(1) Except as provided in this subsection, minimum front yard is 25 10 feet. (A) On Davis Street and Kings Highway minimum front yard is 0 feet and

maximum front yard is 10 feet. A minimum of 75 percent of the street facing façade must comply with the maximum front yard setback.

(2) The minimum side and rear yard setback is five feet for residential uses 0. (3) The minimum side yard setback for other permitted uses is 10 feet. (4) The minimum rear yard setback for other permitted uses is 15 feet. (g) Floor area ratio. Maximum floor area ratio is 2.0:1. (g h) Stories. A maximum of two four stories are permitted. (h) Uses. The following uses are permitted in Subarea 2: (1) Commercial and business service uses. (A) Catering. (B) Custom business services. (12) Institutional and community service uses. (A) Child-care facility (by SUP only). (B) Church. (C) Community home for disabled persons. (3) Lodging uses. -- Bed and Breakfast. (24) Recreation uses. (A) Public park, playground, or golf course. (35) Residential uses. (A) Duplex. (B) Handicapped group dwelling unit (spacing requirements of section 51A-

4…..must be met)



(C) Multifamily (D) Retirement housing (BE) Single family. (46) Retail and personal service uses. Proposal (A) Alcoholic beverage establishment. [SUP] Staff Recommendation (A) Alcoholic beverage establishment. [SUP] (B) Antique store. (C) Art gallery. (D) Dry cleaning or laundry store. (E) Furniture store. (F) General merchandise or food store. [By right if 50,000 square feet of floor

area or less; otherwise, by SUP.] (G) Nursery, garden shop, or plant sales. (H) Personal service uses (I) Restaurant without drive-in or drive-through service.[RAR] (J) Remote surface parking lot. (K) Theater [SUP] (4) Transportation uses. (A) Transit passenger shelter (by SUP only). (5) Utility and public service uses. (A) Local utilities. (i) Drive-in and drive-through uses. To maintain the urban character and street wall, drive-in and drive-through lanes, windows, or services are prohibited.

May 20, 2010 CPC Rec. Amend. PD 87 / H 15 Ordinance

ADDENDUM 2

WINNETKA HEIGHTS HISTORIC DISTRICT AMENDMENTS

Z089-219 (Davis Street PD 87 / H 15) - Page 1 DRAFT


5-20-10

SECTION 1. That Section 51P-87.103, “Reconciliation with Other Ordinances,” of

Article 87, “PD 87,” of Chapter 51P, “Dallas Development Code: Planned Development District

Regulations,” of the Dallas City Code is amended to read as follows:

“SEC. 51P-87.103. RECONCILIATION WITH OTHER ORDINANCES. (a) The provisions of Ordinance Nos. 17164 and 17165, and the Dallas Development Code, as amended, apply to the Winnetka Heights Historic District unless expressly modified or repealed by this article. In the event of a conflict, the provisions of this article control. (b) Tracts I, II, and III are described in Ordinance No. 17164, as amended, [and Tract III(a) is described in Ordinance No. 25550, passed by the Dallas City Council on April 14, 2004, and Tract III(b) is described in Ordinance No. 25552, passed by the Dallas City Council on April 14, 2004]. Tracts IV(a), IV(b), IV(c), and IV(d) are described in _____________. Exhibit 87C is a graphic representation of the tracts in PD 87.” SECTION 2. That Section 51P-87.105, “Definitions,” of Article 87, “PD 87,” of

Chapter 51P, “Dallas Development Code: Planned Development District Regulations,” of the

Dallas City Code is amended to read as follows:

“SEC. 51P-87.105. DEFINITIONS. (a) In this article: (1) A-FRAME SIGN means a portable detached premise sign that is hinged at the top and is made of durable, rigid materials such as wood, plastic, or metal. (2) BED AND BREAKFAST means a lodging use that has no more than five guest rooms; provides accommodations for periods not to exceed five nights; serves no meals other than breakfast; and is a member of, or certified by, a recognized bed and breakfast association such as the National Bed and Breakfast Association (NBBA) or Historic and Hospitality Accommodation of Texas. (3) BLADE SIGN means a sign that projects perpendicularly from a main building facade and is visible from both sides. (4) BLOCK means an area bounded by streets on all sides. (5[2]) BLOCKFACE means all of the lots on one side of a block.



(6[3]) CERTIFICATE OF APPROPRIATENESS means a certificate issued by the city to authorize certain work to be performed in this district. (See Section 51P-87.120 of this article and Section 51-4.501.) (7[4]) COLUMN means the entire column, including the base and capital, if any. (8[5]) COMMISSION means the city plan commission. (9[6]) COMMITTEE means the landmark committee created under Section 51-3.103. (10) CONTRIBUTING STRUCTURE means a structure that retains its essential architectural integrity of design and whose architectural style is typical of or integral to the historic district. (11[7]) CORNER LOT means a lot that has frontage on two different streets. (12[8]) CORNER SIDE FACADE means the facade of a main building on a corner lot that faces the side street. (13[9]) CORNER SIDE YARD means a side yard that abuts a street. (14[0]) FENCE means a structure or hedgerow that provides a physical barrier, and includes a fence gate. (15[1]) FINISHED PORCH FLOOR ELEVATION means the vertical distance measured from grade to the completed floor surface of the porch. (16[2]) FRONT YARD means the portion of a lot that abuts a street and extends across the width of the lot between the street and the main building and lines parallel to and extending outward from the front facade of the main building. (17[3]) LOT means a building site, as defined in the Dallas Development Code. (18) MIXED USE DEVELOPMENT means a development that has both residential and non-residential uses on the same building site. (19[4]) MOVE-IN BUILDING means a building that has been moved onto an existing lot. (20[5]) ONE-HALF STORY means a finished room in the attic. (21[6]) PARKWAY means the area between a public sidewalk and the street. (22[17]) PERIOD COMMERCIAL BUILDING means a building originally constructed for nonresidential uses and representing Art Deco, Spanish Colonial Revival, or



English Tudor influenced architectural styles typical of the period from 1900 to 1935. (23[8]) PLANTER BOX means a permanent container for plants that is non-movable. (24[19])PRESERVATION CRITERIA means the standards considered by the director, committee, commission, and city council in determining whether a certificate of appropriateness should be granted or denied. (25[0]) REAR YARD means: (A) on an interior lot, the portion of the lot between the side lot lines that extends across the width of the lot between the main building and lines parallel to and extending outward from the rear facade of the main building and the rear lot line; and (B) on a corner lot, the portion of the lot that extends between the interior side lot line and a line parallel to and extending outward from the rear of the corner side facade, and between the rear lot line and the main building and a line parallel to and extending outward from the interior side corner of the rear facade. (2x[1]) REMOTE SURFACE PARKING LOT means a passenger vehicle surface parking lot where at least 30 percent of the parking spaces are subject to remote parking agreements (26[1]) RESIDENTIAL BUILDING means a building that contains only residential uses. (27[2]) SCREENING means a structure or planting that provides a visual barrier. (28[3]) SIDE YARD means any portion of a lot not occupied by a main building that is not a front or rear yard. "Side yard" includes "corner side yard." (29[4]) STORY means the portion of a building between any two successive floors, or between any given floor and the ceiling above it. (30[5]) THIS DISTRICT means the Winnetka Heights Historic District. (31[6]) TRIM COLOR means a paint color other than the dominant color. Wood colored translucent stains are not trim colors. Furthermore, trim color does not include the color of screen and storm doors and windows, gutters, downspouts, porch floors, and ceilings. (b) Except as otherwise provided in this section, the definitions in Section 51-2.102 apply to this article. In the event of a conflict, the definitions in this section control.”



SECTION 3. That Section 51P-87.115, “Use Regulations for Tract III, Tract III(a), and

Tract III(b),” of Article 87, “PD 87,” of Chapter 51P, “Dallas Development Code: Planned

Development District Regulations,” of the Dallas City Code is amended to read as follows:

“SEC. 51P-87.115. USE REGULATIONS FOR TRACT III[, TRACT III(a), AND

TRACT III(b)]. The following use regulations apply [to all property in Tract III, Tract III(a), and Tract III(b)]: (1) Uses that were illegal on October 14, 1981, are illegal uses under this article. Nonconforming uses only terminate under the provisions of Sections 51-4.704(a)(1), (2), (3), and (4). (2) Except as otherwise provided below, uses are limited to nonresidential uses permitted in an NS Neighborhood Service District. [(3) In Tract III(a), a nursery, garden shop, or plant sales use is permitted in addition to Tract III uses. The nursery, garden shop, or plant sales use may only operate between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday, and on Sunday between 10:00 a.m. and 5:00 p.m. Deliveries to and from the nursery, garden shop, or plant sales use may only be made between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday and on Saturday between the hours of 9:00 a.m. and 4:00 p.m. (4) In Tract III(b), multiple-family uses are permitted in addition to Tract III uses.]” SECTION 4. That Section 51P-87.116, “Development Standards for Tract III, Tract

III(a), and Tract III(b),” of Article 87, “PD 87,” of Chapter 51P, “Dallas Development Code:

Planned Development District Regulations,” of the Dallas City Code is amended to read as

follows:

“SEC. 51P-87.116. DEVELOPMENT STANDARDS FOR TRACT III[, TRACT III(a), AND TRACT III(b)].

(a) In general. Except as otherwise provided in this section, the development standards in the Dallas Development Code applicable to an NS Neighborhood Service District apply [to all property in Tract III, Tract III(a), and Tract III(b)]. In the event of a conflict, the provisions of this section control.



(b) Screening. (1) In general. Screening is required in the rear and side yards of a nonresidential use constructed after October 14, 1981, if the use is adjacent to a residential use, whether separated by an alley or not. All screening must be at least six feet in height. (2) Materials. Screening must consist of a solid wood fence, masonry fence, or natural vegetation of an evergreen variety of at least 60 percent density at the time of planting. Natural vegetation must be maintained in a healthy growing condition at all times. [See Sections 51P-87.117(b) and 51P-87.111(b)(2) for more specific standards regarding fences.] (c) [Setback from Davis Street. There is no front yard setback requirement for buildings fronting on Davis Street. (d) ] Signs. Sign must comply with the [The] provisions for non-business zoning districts in Article VII[, "Sign Regulations,” apply to all signs in Tract III, Tract III(a), and Tract III(b)]. [See Section 51P-87.117(a)(8) for additional standards applicable to signs.]”

SECTION 4. That Section 51P-87.117, “Preservation Criteria for Tract III, Tract III(a),

and Tract III(b),” of Article 87, “PD 87, of Chapter 51P, “Dallas Development Code: Planned

Development District Regulations,” of the Dallas City Code is amended to read as follows:

“SEC. 51P-87.117. PRESERVATION CRITERIA FOR TRACT III[, TRACT III(a), AND TRACT III(b)].

(a) Building placement, form, and treatment. (1) Additions. All additions to a building must be architecturally compatible with the building and complementary to its horizontal and vertical characteristics, scale, shape, roof form, materials, and color. (2) Alterations. An alteration to a period commercial building must preserve the original architectural style of the building. An alteration to any other type of building must be typical of the style and period of the building. (3) Awnings. Awnings must be made of fabric and complement the main building in style and color. (4) Facade materials. All facade treatments and materials must be typical of the style and period of the building. Wood, brick, ceramic tile, stone, and stucco are permitted facade materials. Other facade materials, including glass block and stained glass, may be permitted as part of a facade treatment that is compatible with the style and architecture of period commercial buildings.



(5) Main entrances. The main entrance of a commercial building fronting on Davis Street must face that street. (6) New buildings. New buildings must be complementary in scale, proportion, setback, height, facade materials, roof form, and color to one or more of the existing period commercial buildings in this tract. (7) Screening materials. Screening must consist of a solid wood fence, masonry wall, or natural vegetation of an evergreen variety of at least 60 percent density at the time of planting. Concrete blocks are not permitted. Natural vegetation must be maintained in a healthy growing condition at all times. (8) Signs. Attached signs must not obscure significant architectural features of a building. The shape, design, materials, color, and letter style of signs should be typical of the style and period of the architecture of buildings on the same premise and in this district as a whole. [See Section 51P-87.116(c[d]) for additional standards applicable to signs.] (9) Windows and doors. Mirrored, opaque, and translucent glasses are not permitted in a window or door opening. [(10) Fences. In Tract III(a), fences are permitted in the front and corner side yard only if they at least 70 percent open, made of metal, and do not exceed eight feet in height. In Tract III(a), chain link fences are allowed only if they are not in a yard that fronts on a street.] (b) Landscaping. Except as otherwise provided below, the preservation criteria for landscaping in Tract I apply [to all property in Tract III, Tract III(a), and Tract III(b)]. For nonresidential uses only: (1) asphaltic concrete is permitted as a driveway or parking surface material; and (2) driveways may have a maximum width of 25 feet.”

SECTION 5. That Section 51P-87.118, “Use Regulations for Tracts IV(a), IV(b), IV(c),

and IV(d),” of Article 87, “PD 87, of Chapter 51P, “Dallas Development Code: Planned

Development District Regulations,” of the Dallas City Code is created to read as follows:



“SEC. 51P-87.118. USE REGULATIONS FOR TRACTS IV(a), IV(b), IV(c), AND IV(d).

(a) Main uses permitted. (1) Uses that were illegal on October 14, 1981, are illegal uses under this article. Nonconforming uses only terminate under the provisions of Sections 51-4.704(a)(1), (2), (3), and (4). (2) Except as provided in this paragraph, the only main uses permitted are those main uses permitted in the NS Neighborhood Service District, subject to the same conditions applicable in the NS Neighborhood Service District, as set out in Chapter 51. For example, a use permitted in the NS Neighborhood Service District only by specific use permit (SUP) is permitted in this district only by SUP; a use subject to development impact review (DIR) in the NS Neighborhood Service District is subject to DIR in this district; etc. (3) The following main uses are also permitted: -- Antique shop. -- Bed and breakfast. -- Catering service. -- Furniture store. -- Garden shop, plant sales, or greenhouse. -- Remote surface parking lot. -- Retail store other than listed [By right if 5,000 square feet of floor

area or less; otherwise, by SUP.] -- Theater. [By right in Tract IV(b); by SUP only in Tracts IV(a),

IV(c), and IV(d).] (b) Accessory uses. As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51-4.217. For more information regarding accessory uses, consult Section 51-4.217.”

SECTION 7. That Section 51P-87.119, “Development Standards for Tracts IV(a), IV(b),

IV(c), and IV(d),” of Article 87, “PD 87, of Chapter 51P, “Dallas Development Code: Planned

Development District Regulations,” of the Dallas City Code is created to read as follows: “SEC. 51P-87.119. DEVELOPMENT STANDARDS FOR TRACTS IV(a), IV(b),

IV(c), AND IV(d). (Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Division 51-4.400. If there is a conflict between this section and Division 51-4.400, this section controls.)



(a) Front yard. Except as provided in this subsection, minimum front yard is 10 feet. Along Davis Street, minimum front yard is zero and maximum front yard is 10 feet. (b) Side and rear yard. No minimum side or rear yard is required. (c) Density. No maximum number of dwelling units. (d) Floor area ratio. No maximum floor area ratio. (e) Height. (1) Except as provided in this paragraph, maximum structure height is 36 feet. (2) In Tract IV(b), a tower structure may project a maximum of 14 feet above the maximum structure height, have a maximum horizontal cross section of five feet, and may not project more than three feet into the right-of-way. (3) The residential proximity slope in Section 51-4.412 does not apply. (f) Lot coverage. Maximum lot coverage is 80 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not. (g) Lot size. No minimum lot size is required. (h) Stories. Maximum number of stories above grade is three. (i) Off-street parking requirements.

(1) In general. Except as provided in this paragraph, consult the use regulations in Division 51-4.200 for the specific off-street parking and loading requirements for each use.

(A) Multiple-family uses. A minimum of one off-street parking space per bedroom is required with a maximum of two off-street parking spaces per dwelling unit.

(B) Restaurant use.

(i) A minimum of one off-street parking space per 125 square feet of floor area is required.

(ii) If an outdoor dining area, whether covered or not, is within

20 feet of, and has direct access to, a street, sidewalk, or publically accessible open space, the outdoor dining area is excluded for calculation of the parking requirement for up to 25 percent of the size of the indoor floor area. Any portion of the an outdoor dining area in excess of 25



percent of the size of the indoor floor area must be parked in accordance with Subsection (i)(I)(B)(i).

(2) Parking reductions.

CPC (A) Bicycle parking. Off-street parking spaces required for a use may

be reduced by one space for each four lockable bicycle parking station provided for that use, up to a maximum total of three off-street parking spaces per lot. Staff

(A) Bicycle parking. Off-street parking spaces required for a use may be reduced by one space for each four lockable bicycle parking station provided for that use, up to a maximum of two off-street parking spaces per lot. Committee

(A) Bicycle parking. Off-street parking spaces required for a use may be reduced by one space for each four lockable bicycle parking station provided for that use, up to a maximum total of five off-street parking spaces per lot. CPC

(B) Contributing structures. For residential uses within a contributing structure, off-street parking requirements may be reduced an additional 25 percent. For non-residential uses no off-street parking is required.

Staff

(B) Contributing structures. For residential uses within a contributing structure, off-street parking requirements may be reduced an additional 25 percent. For non-residential uses within a contributing structure, off-street parking requirements may be reduced an additional 50 percent. (C) Mixed use development parking. (i) In general. The off-street parking requirement for a mixed use development may be reduced in accordance with the mixed use development parking chart (Exhibit D). (ii) Calculation of adjusted standard off-street parking requirement. The adjusted off-street parking requirement for a mixed use development is calculated as follows: (aa) The standard parking requirements for each of the uses in the mixed use development must be ascertained.



(bb) The parking demand for each use is determined for each of the five times of day shown in the mixed use development parking chart by multiplying the standard off-street parking requirement for each use by the percentage in the chart assigned to the category of use. If a use in the development does not fall within one of the categories shown in the mixed use development parking chart, the percentage assigned to that use is 100 percent for all five times of day. (cc) The “time of day” columns are totaled to produce sums that represent the aggregate parking demand for the development at each time of day. The largest of these five sums is the adjusted off-street parking requirement for the development. (iii) Minimum parking requirement. If one or more of the main uses in a mixed use development is a nonresidential use, the minimum parking requirement for the mixed use development cannot be reduced to a number of spaces that is less than the sum of the standard parking spaces required for each of the nonresidential uses in the mixed use development.

(D) On-street parking. Except as provided in this subparagraph, any on-street parking spaces that abut the building site may be counted as a reduction in the off-street parking requirement of the use adjacent to the on-street parking space. On street parking must be striped in accordance with standard city specifications.

(i) An on-street parking space may not be used to reduce the required for more than one use, except that an on-street parking space may be used to reduce the combined total parking requirement for a mixed use development.

(ii) An on-street parking space that is not available to the

public at all times of the ay ma only be counted as a partial parking space in proportion to the amount of time that is available. For example, a parking space that is available to the public only eight hours per day will be counted as one-third of the parking space (8 / 24 = 1/3). The total number of the limited-available parking spaces will be counted to the nearest whole number, with one-half counted as an additional space.

(E) Remote parking. (i) For non-residential uses and mixed use developments,

remote parking is permitted if the remote parking is within a walking distance of 1000 feet from the use served and the requirements of Division 51-4.320, “Special Parking Regulations,” are met, including the landscape requirements.

(ii) An agreement authorizing a non-residential or mixed use

development use to utilize remote parking may be based on a lease of the remote parking spaces only if the lease:

(aa) is in writing;



(bb) contains legal descriptions of the properties

affected; (cc) specifies the special parking being provided and the hours of operation of any use involved; (dd) is governed by the laws of the state of Texas; (ee) is signed by all owners of the properties affected; (ff) signed by all lienholders, other than taxing entities, that have an interest in or an improvement on the properties; (gg) is for a minimum term of three years; and

(hh) provides both the owner of the lot occupied by the

non-residential use or mixed use development use and the owner of the remote parking lot shall notify the city of Dallas in writing if there is a breach of any provision of the lease, or if the lease is modified or terminated.

(F) Tree preservation. Off-street parking spaces required for a use may

be reduced by one space for each protected tree (as defined in Article X) retained on site that would otherwise have to be removed to provide the required off-street parking for that use.

(9) Screening. (A) In general. Except as provided in this paragraph, screening is required in the rear and side yards of a nonresidential use constructed after October 14, 1981, if the use is adjacent to a residential use, whether separated by an alley or not. All screening must be at least six feet in height. (B) Materials. Except as provided in this paragraph, screening must consist of a solid wood fence, masonry fence, or natural vegetation of an evergreen variety of at least 60 percent density at the time of planting. Natural vegetation must be maintained in a healthy growing condition at all times. [See Sections 51P-87.114(b) and 51P-87.111(b)(2) for more specific standards regarding fences.] (12) Signs. Staff

(A) In general. Except as provided in this paragraph, signs must comply with the provisions for business zoning districts in Article VII for all facades fronting on Davis Street and non-business zoning districts for all other facades.



CPC (A) In general. (i) Except as provided in this paragraph, signs must comply

with the provisions for business zoning districts in Article VII.

(ii) Except for A-frame signs and movement control signs for parking, detached signs are prohibited.

(B) Signs in the right-of-way. (i) Except as provided in this section, signs may be located

within the right-of-way subject to the franchise requirements of Chapter XIV of the City Charter, Article VI of Chapter 43 of the Dallas City Code, as amended, Chapter 45 of the Dallas Building Code, and the requirements of all other applicable laws, codes, ordinances, rules, and regulations.

(ii) The director of public works and transportation must

review the location of any sign located in or overhanging the right-of-way to ensure that the sign will not pose a traffic hazard or visibility obstruction.

(iii) If the director of public works and transportation

determines that a previously-approved sign must be removed or relocated because of safety requirement of changing traffic conditions, the relocation or removal must be done at the owner’s expense within 30 days.

(D) A-frame signs. The following regulations apply:

(i) A-frame signs may identify a business use. (ii) The maximum size of an A-frame sign is 32 inches wide

and 36 inches tall. (iii) The maximum effective area for each side of an A-frame

sign is 1,200 square inches. (iv) An A-frame sign may only be displayed when the business

it identifies is open. (v) A-frame signs may be located on the sidewalk if a

minimum of four feet of unobstructed sidewalk area is provided, and all necessary licenses and permits have been obtained.

(vi) Only one A-frame sign is permitted for each business use. (vii) A-frame signs must be separated by a minimum of 50 feet.



(viii) A-frame signs may not be located within 25 feet of an

intersection or within a visibility triangle.

(C) Blade signs. The following regulations apply:

(i) Blade signs must be attached premise signs. (ii) Blade signs may not be internally illuminated. (iii) Blade signs may be horizontal or vertical. (iv) There is no limit on the number of blade signs. (v) The maximum area for blade signs is 30 square feet. (vi) Blade signs may be located no closer than 12 feet and no

further than 25 feet from street level. (vii) A blade sign cannot project more than three feet into the

right-of-way. (viii) A blade sign cannot be located closer than 15 feet to

another projecting sign. (E) Tract IV(b). The following additional signs are permitted:

(i) Marquee sign.

(aa) One marquee sign is permitted. (bb) Only a theater use may have a marquee sign. (cc) A minimum clearance over a sidewalk is 9 feet six

inches, is required. (dd) A marquee sign may project into a right-of-way but

may not project beyond the edge of curb. (ee) A marquee sign may have a maximum of three

faces, and no face of a marquee sign may exceed 80 square feet. (ii) Blade sign.



(aa) One blade sign is permitted. (bb) Only a theater use may have a blade sign. (cc) A minimum clearance over a sidewalk is 12 feet of

clearance over a sidewalk s required (dd) A blade sign may project into right-of-way but may

not project beyond the edge of curb. (ee) A blade sign may have a maximum of two faces,

and no face of a blade sign may exceed 135 square feet.”

SECTION 7. That Section 51P-87.120, “87,” of Article 87, “PD 87,” of Chapter 51P,

“Dallas Development Code: Planned Development District Regulations,” of the Dallas City

Code is amended to read as follows: “SEC. 51P-87.120. PRESERVATION CRITERIA FOR TRACTS IV(a), IV(b),

IV(c), AND (d). (a) Tracts IV(a) and IV(b). (1) Building placement, form, and treatment. (A) Additions. All additions to a building must be architecturally compatible with the building and complementary to its horizontal and vertical characteristics, scale, shape, roof form, materials, and color. (B) Alterations. An alteration to a period commercial building must preserve the original architectural style of the building. An alteration to any other type of building must be typical of the style and period of the building. (C) Awnings. Awnings must be made of fabric and complement the main building in style and color. (D) Facade materials. All facade treatments and materials must be typical of the style and period of the building. Wood, brick, ceramic tile, stone, and stucco are permitted facade materials. Other facade materials, including glass block and stained glass, may be permitted as part of a facade treatment that is compatible with the style and architecture of period commercial buildings. (E) Main entrances. The main entrance of a commercial building fronting on Davis Street must face that street.



(F) New buildings. New buildings must be complementary in scale, proportion, setback, height, facade materials, roof form, and color to one or more of the existing period commercial buildings in this tract. (G) Screening materials. Screening must consist of a solid wood fence, masonry wall, or natural vegetation of an evergreen variety of at least 60 percent density at the time of planting. Concrete blocks are not permitted. Natural vegetation must be maintained in a healthy growing condition at all times. (H) Signs. Attached signs must not obscure significant architectural features of a building. The shape, design, materials, color, and letter style of signs should be typical of the style and period of the architecture of buildings on the same premise and in this district as a whole. [See Section 51P-87.116(d) for additional standards applicable to signs.] (I) Windows and doors. Mirrored, opaque, and translucent glasses are not permitted in a window or door opening. (2) Landscaping. Except as otherwise provided in this paragraph, the preservation criteria for landscaping in Tract I apply. For nonresidential uses only: (A) asphaltic concrete is permitted as a driveway or parking surface material; and (B) driveways may have a maximum width of 25 feet. (b) Tract IV(c) (1) Building placement, form, and treatment. (A) Additions. All additions to a building must be architecturally compatible with the building and complementary to its horizontal and vertical characteristics, scale, shape, roof form, materials, and color. (B) Alterations. An alteration to a period commercial building must preserve the original architectural style of the building. An alteration to any other type of building must be typical of the style and period of the building. (C) Awnings. Awnings must be made of fabric and complement the main building in style and color. (D) Facade materials. All facade treatments and materials must be typical of the style and period of the building. Wood, brick, ceramic tile, stone, and stucco are permitted facade materials. Other facade materials, including glass block and stained glass, may be permitted as part of a facade treatment that is compatible with the style and architecture of period commercial buildings.



(E) Main entrances. The main entrance of a commercial building fronting on Davis Street must face that street. (F) New buildings. New buildings must be complementary in scale, proportion, setback, height, facade materials, roof form, and color to one or more of the existing period commercial buildings in this tract. (G) Screening materials. Screening must consist of a solid wood fence, masonry wall, or natural vegetation of an evergreen variety of at least 60 percent density at the time of planting. Concrete blocks are not permitted. Natural vegetation must be maintained in a healthy growing condition at all times. (H) Signs. Attached signs must not obscure significant architectural features of a building. The shape, design, materials, color, and letter style of signs should be typical of the style and period of the architecture of buildings on the same premise and in this district as a whole. [See Section 51P-87.116(d) for additional standards applicable to signs.] (I) Windows and doors. Mirrored, opaque, and translucent glasses are not permitted in a window or door opening. (J) Fences. Fences are permitted in the front and corner side yard only if they at least 70 percent open, made of metal, and do not exceed eight feet in height. Chain link fences are allowed only if they are not in a yard that fronts on a street. (2) Landscaping. Except as otherwise provided below, the preservation criteria for landscaping in Tract I. For nonresidential uses only: (A) asphaltic concrete is permitted as a driveway or parking surface material; and (B) driveways may have a maximum width of 25 feet. (d) Tract IV(d). (1) Building placement, form, and treatment. (A) Accessory buildings. Accessory buildings are only permitted in the rear yard and must be compatible with the scale, shape, roof form, materials, detailing, and color of the main building. (B) Additions. All additions to a building must be compatible with the dominant horizontal or vertical characteristics, scale, shape, roof form, materials, detailing, and color of the building.



(C) Architectural detail. Materials, colors, structural and decorative elements, and the manner in which they are used, applied, or joined together must be typical of the style and period the main building and compatible with the other buildings on the blockface. (D) Awnings. Metal and corrugated plastic awnings are only permitted on an accessory building or the rear facade of a main building. Other awnings must be typical of the style and period of the main building. (E) Building placement. All buildings must be placed so as not to adversely affect the rhythm of spaces between buildings on the blockface. (F) Building widths. Minimum permitted widths for main buildings are: (i) 25 feet for a main building on an interior lot; and (ii) 35 feet for a main building on a corner lot. (G) Chimneys. All chimneys must be compatible with the style and period of the main building. Chimneys on the front 50 percent of a main building or on a corner side facade must be: (i) constructed of brick, stucco, natural stone, or other materials that match or are compatible in texture, color, and style with the main building; and (ii) of a style and proportion that is typical of the style and period of the main building. (H) Color. (i) Brick surfaces. Brick surfaces not previously painted must not be painted unless the applicant establishes that: (aa) the painting is absolutely necessary to restore or preserve the brick; or (bb) the color and texture of replacement brick cannot be matched with that of the existing brick surface. (ii) Certain colors prohibited. Fluorescent and metallic colors are not permitted on the exterior of any structure in this district. (iii) Dominant and trim colors. All structures must have a dominant color and no more than two trim colors. The colors of a structure must be complementary of each other and the overall character of this district.



(iv) Gutters and downspouts. Gutters and downspouts must be of a color that matches or complements the color scheme of the structure. (v) Roof colors. Roof colors must complement the style and overall color scheme of the structure. (vi) Stain. The use and color of stain must be typical of the style and period of the structure. (I) Columns. (i) Function. Columns are only permitted as vertical supports near the front entrance of the main building or as vertical supports for porches. (ii) Materials. Columns must be constructed of brick, stucco, wood, cut stone, or other materials that look typical of the style and period of the main building. No pipe or wrought iron columns are permitted. (iii) Style. Columns must be of a style typical of the style and period of the main building. (iv) Width dimensions. The width of a column shaft at its widest point must be at least: (aa) one-eighth of the height of the column for a one-story column; and (bb) one-tenth of the height of the column for a two-story column. (J) Facade materials. (i) In general. The only permitted facade materials are brick, wood siding, cut stone, and stucco. All facade treatments and materials must be typical of the style and period of the main building. (ii) Brick. All exposed brick on facades must be fired brick as defined by the American Standard Testing Materials Designation C-1267-5A, Type Grade FBS-SW. (iii) Wood facades. Existing wood facades must be preserved as wood facades. Wood shingles are not permitted as a primary facade material, but may be used in roof gables and on columns and foundation skirts in a matter that is typical of the style and period of the main building. (K) Front entrances and porches.



(i) Detailing. Railings, moldings, tile work, carvings, and other detailing and architectural decorations on front entrances and porches must be typical of the style and period of the main building. (ii) Enclosures. A front entrance or porch may not be enclosed with any material, including iron bars, glass, and mesh screening. (iii) Facade openings. Porches must not obscure or conceal any facade openings in the main building. (iv) Floor coverings. Carpeting is not permitted as a porch floor or step covering. (v) Style. Each main building must have a front porch or entry treatment with a shape, roof form, materials, and colors that are typical of the style and period of the building. A front entrance or porch must reflect the dominant horizontal and vertical characteristics of the main building. (L) Garages. Doors on garages attached to the main building may not face the street. (M) Porte cocheres. Porte cocheres must be preserved as architectural features and not be enclosed by fences, gates, or other structures or materials. (N) Roof forms. (i) Eaves or soffit height. The eaves or soffit height of a main building must be within 10 percent of the eaves or soffit height of the closest main building in this district of a similar style and having the same number of stories. (ii) Materials and colors. Roof materials and colors must complement the style and overall color scheme of the structure. Tar and gravel (built-up) is only permitted as a roof material on covered porches and porte cocheres with flat roofs. (iii) Overhang. Minimum permitted roof overhang for a new or move-in main building is 18 inches. A replacement roof on an existing building must have an overhang that is equal to or greater than the overhang of the roof it replaces. (iv) Patterns. Roof patterns of a main building must be typical of the style and period of the architecture of the building. (v) Skylights and solar panels. (aa) Except as otherwise provided in this subsection, skylights and solar panels are only permitted on:



(AA) the rear 50 percent of the roof of a main building on an interior lot; (BB) the rear inside quadrant of the roof of a main building on a corner lot; and (CC) the roof of an accessory building in the rear yard. (bb) The commission may allow skylights and solar panels at another location on a building if their placement does not have an adverse effect on the architecture of the building, blockface, or this district a whole. (vi) Slope and pitch. The degree and direction of roof slope and pitch must be typical of the style and period of the main building and compatible with existing building forms in this district. Flat or Mansard roof designs are not permitted on main or accessory buildings or structures, except that a covered porch or porte cochere may have a flat roof that is typical of the style and period of the main building. (M) Signs. Signs must not obscure significant architectural features of a building. The shape, materials, color, design, and letter style of signs must be typical of and compatible with the style and period of the architecture of buildings on the same premise and in this district as a whole. [See Section 51P-87.110(j) for additional standards applicable to signs.] (N) Stairs. Second and third story exterior staircases are only permitted on accessory buildings and the rear 50 percent of the main building, except that they are not permitted on a corner side facade. (O) Windows and doors. (i) Front facade openings. The total number of window and door openings (combined) in the front facade of the main building must be equal to or greater than the total number of original window and door openings (combined) in that facade. The number of door openings in the front facade of the main building must not be increased. Each story of a front facade of the main building must contain at least two windows or one window and a door. (ii) Glass. Clear, decorative stained, and clear leaded glass may be permitted in any window opening, except that decorative stained glass is not permitted in a front door. Reflective, tinted, opaque, and mirrored glass and plastic are not permitted in any opening. Translucent glass is not permitted, except in a bathroom window. (iii) Screens, storm doors, and storm windows. Screens, storm doors, and storm windows may be permitted if:



(aa) their frames are painted or colored to match or complement the color scheme of the main building; and (bb) they do not obscure significant features of the windows and doors they cover. (iv) Security and ornamental bars. Security and ornamental bars are only permitted on an accessory building or the rear facade of the main building. (v) Shutters. Shutters must be typical of the style and period of the building and appear to be installed in a manner to perform their intended function. (vi) Style. (aa) All windows and doors in the front facade of the main building must be proportionally balanced in a manner typical of the style and period of the building. (bb) No single, fixed plate glass is allowed except as part of an original period design. The size and proportion of window and door openings located on the front and side facades of the main building must be typical of the style and period of the building. (cc) All windows, doors, and lights in the front and side facades of the main building must be typical of the style and period of the building. Windows must contain at least two lights (window panes). Front doors must contain at least one light. Sidelights must be compatible with the door. (dd) The frames of windows must be trimmed in a manner typical of the style and period of the building. (2) Landscaping. (A) Certain items prohibited in front and corner side yards. The following items are not permitted in the front and corner side yards: (i) Above-ground meters. (ii) Berms. (iii) Cacti. (iv) Pylons and similar structures. (v) Rock or sculpture gardens.



(vi) Vegetable gardens. (B) Fences. (i) Form. (aa) Fences must be constructed and maintained in a vertical position. (bb) The top edge of a fence must be along a line that is either horizontal, or substantially parallel to grade. Except in the case of a picket, chain link, or wrought iron fence, the top edge of a fence must be flat. (ii) Height. Maximum permitted height for a fence is nine feet. (iii) Location. (aa) The following are the only types of fences permitted in the front yard: white wood picket fences and dark green, dark brown, or black wrought iron fences. A fence in the front yard may not exceed two feet in height unless a taller fence is needed to satisfy screening requirements for parking in front of nonresidential uses. (bb) A fence in an interior side yard must be located in the rear 50 percent of the side yard and behind the rearmost side projection of the main building, except that the commission may allow a fence to be located anywhere in an interior side yard if it determines that the fence does not screen all or any portion of a significant architectural feature of a main building on the same or an adjacent lot. (cc) A fence in the corner side yard must not be directly in front of the corner side facade, except that the commission may allow a fence that is directly in front of all or any portion of the rear 50 percent of the corner side facade if: (AA) more screening is necessary to insure privacy due to unusually high pedestrian or vehicular traffic; and (BB) the fence does not screen all or any portion of a significant architectural feature of the main building. (CC) A fence in the corner side yard must be set back a minimum of two feet from a public sidewalk. (DD) A fence must run either parallel or perpendicular to a building wall or lot line. (EE) A fence on a vacant lot must be set back a distance that is equal to or greater than the setback of the front facade of the closest main



building in the same blockface. In the case of a single interior vacant lot, the setback of the fence must be equal to or greater than the setback of the front facade of the main building on the adjacent lot with the greater setback. (iv) Materials. A fence must be constructed of one or more of the following materials: metal or plastic-coated chain link, wrought iron, wood, or stucco. The use of brick in a fence is not permitted, except as part of a structural column, or a base that is two feet or less in height. Exposed concrete blocks are not permitted. (v) Masonry columns and bases. (aa) The color, texture, pattern, and dimensions of masonry and the color, width, type, and elevation of mortar joints in a fence column or base must match the masonry and mortar joints of the main building as nearly as practicable. (bb) All exposed brick in a fence column or base must be fired brick as defined by the American Standard Testing Materials Designation C-126-75A, Type Grade FBS-SW. (vi) Metal fences. (aa) Wrought iron and metal fences must be compatible with the style and period of the main building. (bb) If a wrought iron or metal fence is painted or colored, the color must be black, dark green, or dark brown and complement the color of the main building. (vii) Wooden fences. (aa) All wooden structural posts must be at least four inches in diameter (nominal size). (bb) The side of a wooden fence facing a public street must be the finished side. (cc) Wooden fences may be painted or stained a color that is complementary to the main building. (C) Foundation plantings. Foundation plantings may not: (i) screen significant architectural features of the main building; or (ii) exceed two feet in height above the finished porch floor elevation unless they are part of an overall landscape plan approved by the commission.



(D) Outdoor lighting. Outdoor light fixtures must be compatible with the style and period of the main building and not obscure or conflict with significant architectural details of the building. Overhead and exposed wiring and conduit for outdoor lighting is not permitted. (E) Parkway plantings. Only grass, trees, and flowers are permitted in the parkway. All trees in the parkway must be selected from the list labelled as Exhibit 87B, placed a uniform distance apart, and planted along a line parallel to the street. Flower beds may not comprise more than 50 percent of the parkway area. (F) Pavement, filler, and edging materials. Pavement and filler and edging materials, such as landscape timbers, gravel, and bark, used in landscape beds in the front and corner side yards must be reviewed by the commission as part of an overall landscape plan if the landscape beds collectively comprise more than 25 percent of the combined areas of the front and corner side yards. No more than 50 percent of the front yard of a residential use may be covered by payment or filler materials. (G) Planter boxes. Planter boxes must be: (i) 18 inches or less in height; (ii) 36 inches or less in depth; (iii) an integral part of the main building; and (iv) constructed of brick, natural stone, or smooth-finished concrete that matches or is compatible in texture, color, and style with the main building. (H) Retaining walls. Retaining walls are not permitted in the front and side yards, except to preserve a natural or existing slope, or to make a slope similar to that of an adjacent lot. The height of a retaining wall may not exceed the height of the slope it retains. A retaining wall must be constructed of unpainted natural stone, brick, stucco, or smooth-finished concrete that is compatible in texture, color, and style with the main building. (I) Sidewalks, driveways, and curbing. (i) Materials. (aa) No exposed aggregate, asphaltic, or artificially colored concrete or epoxy resin is permitted as a sidewalk, driveway, or curbing material. (bb) All public sidewalks and curbing must be constructed of brush finish concrete.



(cc) All private sidewalks and driveways must be constructed of concrete, gravel, or brick that matches or is compatible in texture, color, and style with the main building. (ii) Width, style, and spacing. (aa) The maximum permitted width of a driveway in the front yard is 10 feet. The driveway width may be expanded to 20 feet at any point behind the front facade. (bb) Ribbon driveways are permitted, but only if the ribbons are at least one foot wide. (cc) Circular driveways are not permitted in the front yard. (dd) A driveway constructed in the front yard must be spaced a minimum of one foot from an existing driveway on an adjacent lot.”


May 20, 2010 CPC Rec. Amend. CD-7 Ordinance

Z089-219 (Davis Street CD-7) - Page 1 DRAFT

ADDENDUM 3

BISHOP / EIGHTH STREET CONSERVATION DISTRICT

AMENDMENTS



SECTION 3. Purpose. This district is established to provide a means of

conserving the Bishop/Eighth Street neighborhood and to protect and enhance its

significant architectural and cultural attributes.

SECTION 4. Interpretations and definitions. Unless the context clearly indicates

otherwise:

(a) Interpretations. (1) Unless otherwise stated, all references to code articles, divisions, or sections in this ordinance refer to articles, divisions, or sections in CHAPTER 51A, “PART II OF THE DALLAS DEVELOPMENT CODE,” of the Dallas City Code, as amended. (2) All attached exhibits are part of this ordinance. (3) Section 51A-2.l0l, “Interpretations,” applies to this ordinance. (4) The following rules apply in interpreting the use regulations in this ordinance: (A) The symbol [SUP] appearing after a listed use means that the use is permitted by specific use permit only. (B) The symbol [RAR] appearing after a listed use means that, if the use has a residential adjacency as defined in Section 51A-4.803, a site plan must be submitted and approved in accordance with the requirements of that section. (“RAR” means “residential adjacency review.” For more information regarding residential adjacency review generally, see Division 5110.-4.800.) (5) For purposes of determining the applicability of regulations in this ordinance and in Chapter 51A triggered by adjacency or proximity to another zoning district, and for purposes of interpreting the DIR and RAR requirements of Division 51A-4.800, Subarea 1 is considered to be a residential zoning district and Subarea 2 this district is considered to be a nonresidential zoning district. (b) Definitions. The definitions contained in CHAPTER 51A, “PART II OF THE DALLAS DEVELOPMENT CODE,” of the Dallas City Code, as amended, apply to this ordinance. In the event of a conflict, this section controls. In this ordinance: (1) BOARD means the Board of Adjustment.



(2) BODY COLOR means the dominant paint color of a structure. (3) COMMERCIAL STYLE STRUCTURE means a structure designed or intended for a commercial or retail use. (4) CONTRIBUTING STRUCTURE means any structure listed as a contributing structure by street address or designated as a contributing structure on the map labeled “Architectural Styles” in Exhibit A. In the event of a discrepancy between the identity of a contributing structure in the list and in the map contained in Exhibit A, the text of the street address list prevails over the map. A contributing structure is one which exemplifies the district's original architectural appearance because of its identifiable style and form. (5) DIRECTOR means the director of planning and development or the director's representative. (6) DOCUMENTED ASSURANCE means an architectural drawing or photograph delineating the original or existing appearance of the structure. (7) EXISTING STRUCTURE means a structure located in this district on the date of passage of this ordinance. (8) FACADE means any separate face of a building, including parapet walls and omitted wall lines, or any part of a building that encloses or covers usable space. Where separate faces are oriented in the same direction, or in the directions within 45° of one another, they are to be considered as part of a single facade. (9) FLUORESCENT COLOR means any color defined by the Munsell Book of Color as having a minimum value of eight and a minimum chroma of ten. (10) HALF STORY means the space in a structure located just under the roof rafters and above a finished floor. (11) LOT means a building site, as defined in the Dallas Development Code, as amended. Staff

(11.1) MIXED USE RESIDENTIAL PROJECT (MURP) means a development that includes a street-level nonresidential use and that has only residential uses above street level. (12) NONCONTRIBUTING STRUCTURE means any structure so designated on the map entitled “Architectural Styles” in Exhibit A. (13) RESIDENTIAL STYLE STRUCTURE means a structure designed or intended for a residential use.



(14) ROOF RIDGE means the apex of any roof structure, regardless of its style or form. CPC Recommendation

(14.1) REMOTE SURFACE PARKING LOT means a non structureal passenger vehicle parking facility that supplies, by is subject to remote parking agreements that to an extent not less thanmay have parking spaces in excess of those needed for the remote parking agreements in amount not exceeding 50 30 percent of the numeric parkingtotal number of spaces capacity, the required parking of one or more remote uses located on one or more separately platted lotsprovided on the site. Staff Recommendation

(14.1) REMOTE SURFACE PARKING LOT means a passenger vehicle surface parking lot that is subject to remote parking agreements and may have parking spaces in excess of those needed for the remote parking agreements in an amount not exceeding 50 percent of the total number of spaces provided on the site. (15) ROLL ROOFING means roofing material commonly packaged in rolls. (16) SIDE YARD means a side yard as defined in Chapter 51A, or a front yard that is treated as a side yard pursuant to that chapter. (18) STREET FACADE means any facade that faces a lot line that abuts a public right-of-way. (19) THIS OR THE DISTRICT means the Bishop/Eighth Street Conservation District. (20) TRIM COLOR means a paint color other than the dominant color. Wood colored translucent stains are not trim colors. Furthermore, trim color does not include the color of screen and storm doors and windows, gutters, downspouts, and porch floors and ceilings. SECTION 5. Conceptual Plan. The Bishop/Eighth Conceptual Plan, which

reflects the history of this district, illustrates architectural style requirements, and shows

the locations of contributing and noncontributing structures, is attached as Exhibit A. In

the event of a conflict between the text of the main body of this ordinance and the

conceptual plan, the text of the main body of this ordinance controls.



Note: The committee proposal and CPC recommendation is to merge subdistricts into a single district. For comparison purposes we are still showing two districts but under the committee proposal and CPC recommendation both subdistricts will have identical standards. SECTION 6. Creation of subareas. This district is hereby divided into two

subareas, which shall be known as Subarea 1 and Subarea 2. SubSubarea 1 is divided into

Subarea 1A, Subarea 1B, and Subarea 1C. Subarea 2 is divided into Subarea 2A and

Subarea 2B. Property descriptions of these Subareas are attached as Exhibit B. A map

showing the subarea boundaries is included in Exhibit A.

SECTION 7. Creation of new uses. (a) Antique shop. (1) Definition: an establishment for the retail sale of articles such as glass, china, furniture, or similar furnishings and decorations that have value and significance as a result of age, design, or sentiment. (2) Subareas permitted: By-right in-Subareas l and 2. RAR required in Subareas 1 and 2. (3) Required off-street parking: one space for each 400 square feet for a ground floor use in an existing structure, otherwise one space for each 220 square feet of floor area. If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305.

(4) Required off-street loading: SQUARE FEET OF TOTAL REQUIRED FLOOR AREA IN STRUCTURE SPACES OR BERTHS 0 to 10,000 None 10,000 to 60,000 1 Each additional 60,000 or fraction thereof 1 additional



(5) Additional provision: No outside display or open storage is permitted under this use. (b) Art gallery. (1) Definition: an establishment for the retail sale and display of objects of art and art supplies. (2) Subareas permitted: By right in Subareas 1 and 2. RAR required in Subareas 1 and 2. (3) Required off-street parking: one space per 500 square feet of floor-area. If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305. (4) Required off-street loading: SQUARE FEET OF TOTAL REQUIRED FLOOR AREA IN STRUCTURE SPACES OR BERTHS 0 to 50,000 1 50 to 100,000 2 Each additional 100,000 or fraction thereof 1 additional (5) Additional provision: This use must be open and available to the general public. (c) Bed and breakfast. (1) Definition: One dwelling unit on a lot containing five or fewer guest rooms or suites that are rented to occupants for 14 or fewer consecutive days. (2) Subareas permitted: By SUP only in Subareas 1 and 2 except that the use is not permitted in Subarea 2B. (3) Required off-street parking: two spaces, plus one space for each guest room or suite. No handicapped parking is required. (4) Required off-street loading: None. (5) Additional provisions.



(A) The operator of this use may serve one meal a day to occupants, but not between the hours of 6:00 p.m. and 3:00 a.m. (B) This use may not have cooking facilities in a guest room or suite. (C) The operator must reside in the facility when it is in use. (D) No more than one sign may be erected on the lot subject to the following restrictions: (i) The sign regulations governing single-family and duplex residential premises in non-business zoning districts apply to the sign, except those regulations governing effective area and height. (ii) The sign may not exceed 10 square feet in effective area or four feet in height. (E) The facility must be designated as a contributing structure within the study area. (F) The facility must maintain a register of all occupants, including names, addresses, and dates of occupancy. (d) Bookstore. (1) Definition: A facility for the retail sale of books and associated items. (2) Subareas permitted: By right in Subareas 1 and 2. RAR required in Subareas 1 and 2. (3) Required off-street parking: one space for each 400 square feet in an existing building, or a MURP developed on a lot that did not have a contributing building, otherwise one space per 220 square feet of floor area. If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305. (4) Required off-street loading: SQUARE FEET OF TOTAL REQUIRED FLOOR AREA IN STRUCTURE SPACES OR BERTHS 0 to 60,000 1



Each additional 60,000 or fraction thereof 1 additional (e) Florist store. (1) Definition: A facility for the retail sale of cut or uncut flowers and ornamental plants and associated items. (2) Subareas permitted: By right in Subareas 1 and 2. RAR required in Subareas 1 and 2. (3) Required off-street parking: one space for each 400 square feet in an existing building, or a MURP developed on a lot that did not have a contributing building, otherwise one space per 220 square feet of floor area. If more than ten off-street parking spaces are required for this use, handicapped parking must be provided pursuant to Section 51A-4.305. (4) Required off-street loading: SQUARE FEET OF TOTAL REQUIRED FLOOR AREA IN STRUCTURE SPACES OR BERTHS 0 to 60,000 1 Each additional 60,000 or fraction thereof 1 additional (f) Remote surface parking lot. (1) Definition: A passenger vehicle parking facility that is subject to remote parking agreements that may have parking spaces in excess of those needed for the remote parking agreements in amount not exceeding 50 percent of the total number of spaces provided on the site. Committee ProposalCPC Recommendation (2) Subareas permitted: By right in Subarea 1 and Subarea 2. Staff (2) Subareas permitted: By right in Subarea 1. By right in subarea 2 if all required parking serves an adjacent use on the same block face, otherwise by SUP.



(3) Other requirements: This use may not be located on a building site on which a contributing structure existed prior to May 1, 2010. (4) Required off-street parking: none. (5) Required off-street loading: none. SECTION 8. Development standards. (a) Subarea 1. Except as otherwise provided, the development standards of the D(A) Duplex District apply to the area designated on the map as Subarea 1 of the Bishop/Eighth Street Conservation District. (See attached Exhibit A.) The following development standards are applicable to Subarea 1 of this district. (1) Main uses permitted. (A) Any use permitted in the D(A) Duplex District, Subject to the same conditions of approval, if any, required by Article IV, “Zoning Regulations,” as amended. (For example, if a use is permitted by SUP only in a D(A) District, that use is permitted by SUP only in this subarea.) Committee ProposalCPC Recommendation Alcoholic beverage establishment [SUP] (B) Antique shop. [RAR] (C) Art gallery. [RAR] (D) Bed and breakfast. [SUP] (E) Bookstore. [RAR]

(F) Catering facility

(G) Child care

(H) Church

(I) Duplex (J) Dry cleaning or laundry store (K) Financial institution (without drive-thru window) (FL) Florist store. [RAR]



(M) Furniture store (N) General merchandise or food store [not to exceed 5000 square feet without SUP] (O) Medical clinic or ambulatory surgery center (P) Multi family (Q) Nursery, garden shop or plant sales (GR) Office. [RAR] (HS) Personal service uses. [RAR] Committee ProposalCPC Recommendation (T ) Remote surface parking lot Staff (T ) Remote surface parking lot [by right if all required parking serves a use on the same block face in subarea 1, otherwise by SUP] (U) Restaurant without drive in or drive thru service [RAR] (V) Retirement housing (W) Single family (X) Theater [SUP] (2) Prohibited Uses. Drive-in and drive-through uses. To maintain the urban character and street wall, drive-in and drive-through lanes, windows, or services are prohibited.Lot size requirements. Lots must have a minimum area of 6,000 square feet, a minimum depth of 100 feet, and a minimum width of 50 feet. Lots may not exceed a maximum area of 7,500 square feet, a maximum depth of 120 feet, or a maximum width of 62.5 feet. (3) Minimum and maximum front yard setbacks for main structures. Committee ProposalCPC Recommendation

(A) Minimum front yard setback is 0 feet and maximum front yard is 10 feet. A minimum of 75 percent of the street-facing facade must be located within the area between the minimum and maximum front yard setback. The



remaining street-facing facade (25 percent) is not required to comply with the maximum front yard setback. Staff (A) If three or more main structures are located on that blockface, the front yard setback must be within five feet of the average setback of the three main structures on that blockface that are closest to the structure. (B) If two or fewer main structures are located on that blockface, the minimum front yard setback is 0 feet and maximum front yard is 10 feet. A minimum of 75 percent of the street-facing facade must be located within the area between the minimum and maximum front yard setback. The remaining street-facing facade (25 percent) is not required to comply with the maximum front yard setback. Committee ProposalCPC Recommendation (4) Minimum side yard setbacks for main structures. The minimum side yard setback is five feet 0. Staff (4) Minimum side yard setbacks for main structures. Except as provided below, the minimum side yard setback is five feet zero. (A) Minimum side yard setback is five feet for lots adjacent to a single family detached or duplex uses. (5) Minimum rear yard setback for main structures. A minimum rear yard setback is 10 feet. (6) Maximum lot coverage. The maximum permitted lot coverage on each building site is 680 percent. Committee ProposalCPC Recommendation

(7) Maximum building height. The maximum structure height is 24 36 feet when measured vertically from grade to the halfway point between roof ridge and top of the building wall.

(8) Stories. No structure may have more than two three stories.

Staff (7) Maximum building height. The maximum structure height is 2430 feet when measured vertically from grade to the halfway point between roof ridge and top of the building wall. (8) Stories. No structure may have more than one and one-half two stories.



(9) Dwelling unit density. No maximum dwelling unit density lot may contain more than two dwelling units. (10) Floor area ratio. The maximum floor area ratio is 0.52.0:1. (11) Off-street parking and loading. (A) Unless otherwise specified in this ordinance, consult the use regulations (Division 51A-4.200 et seq.) to determine the off-street parking regulations for each use and consult the off-street parking and loading regulations (Division 51A-4.300 et seq.) to determine the off-street parking and loading requirements for each use. Committee ProposalCPC Recommendation

(B) Subarea 1 shall be considered a residential district for purposes of the off-street parking regulations If a lot contains a [:(i)] residential style structure, the off-street parking regulations governing residential districts apply. [; and (ii)] If a lot contains a commercial style structure, the off-street parking regulations governing nonresidential districts apply.

(C) The parking requirements for the uses listed below are as follows:

(i) One and one-half off-street parking spaces for each residential dwelling unit. (A duplex must have at least three off-street parking spaces.)[;]

(ii) One off-street parking space per 220 400

square feet of floor area of a retail use. (iii) One off-street parking space per 366 500

square feet of floor area of an office use. (iv) One off-street parking space per 220 square

feet of floor area of an alcoholic beverage establishment or restaurant. Staff (B) Subarea 1 shall be considered a residential district for purposes of the off-street parking regulations. (C) The parking requirements for the uses listed below are as follows: (i) one and one-half spaces for each residential dwelling unit. (A duplex must have at least three off-street parking spaces.);



(ii) one off-street parking space per 400 square feet in an existing building, or a MURP developed on a lot that did not have a contributing building, otherwise one space per 220 square feet of floor area of a retail use; and (iii) one off-street parking space per 500 square feet in an existing building, or a MURP developed on a lot that did not have a contributing building, otherwise one space per 366 square feet of floor area of an office use. Committee ProposalCPC Recommendation

(D) Remote parking must be located within a walking distance of 1000 feet from the use served by the remote parking. Staff

(D) Remote parking must be located on an adjacent lot if allowed by right, otherwise if allowed by Specific Use Permit within a walking distance of 1000 feet from the use served by the remote parking.

(E) An agreement authorizing a non-residential or mixed use development use to utilize remote parking for non-residential uses may be based on a lease of the remote parking spaces only if the lease:

(i) is in writing; (ii) contains legal descriptions of the properties

affected; (iii) specifies the special parking being provided and the hours of operation of any use involved; (iv) is governed by the laws of the state of Texas; (v) is signed by all owners of the properties affected; (vi) signed by all lienholders, other than taxing entities, that have an interest in or an improvement on the properties; (vii) is for a minimum term of three years; and

(viii) provides both the owner of the lot occupied by the non-residential use or mixed use development use and the owner of the remote parking lot shall notify the city of Dallas in writing if there is a breach of any provision of the lease, or if the lease is modified or terminated.



(b) Subarea 2. Except as otherwise provided, the development standards of the CS Commercial Service District apply to the area designated on the map as Subarea 2 of the Bishop/Eighth Street Conservation District. (See attached Exhibit A.) The following development standards are applicable to Subarea 2 of this district. (1) Main uses permitted. (A) Any use permitted in either the CS Commercial Service District or the D(A) Duplex District, subject to the same conditions of approval, if any, required by Article IV, “Zoning Regulations,” as amended. (For example, if a use is permitted by SUP only in a D(A) District, that use is permitted by SUP only in this subarea.) Alcoholic beverage establishment [SUP] (B) Antique shop. [RAR] (C) Art gallery. [RAR] (D) Bed and breakfast. [SUP] (E) Bookstore. [RAR]

(F) Catering facility

(G) Child care

(H) Church

(I) Duplex (J) Dry cleaning or laundry store (K) Financial institution (without drive-thru window) (FL) Florist store. [RAR] (M) Furniture store (N) General merchandise or food store [not to exceed 5000 square feet without SUP] (O) Medical clinic or ambulatory surgery center (P) Multi family (Q) Nursery, garden shop or plant sales



(GR) Office. [RAR] (HS) Personal service uses. [RAR]

(T ) Remote surface parking lot

(U) Restaurant without drive in or drive thru service [RAR] (V) Retirement housing (W) Single family (X) Theater [SUP] (I) The following uses are not Subarea 2B: (i) Bed and breakfast. (ii) Bus or rail transit vehicle maintenance or storage facility. (iii) Commercial amusement (inside). (iv) Commercial bus station and terminal. (v) Commercial parking lot or garage. (vi) Hotel or motel. (vii) Lodging or boarding house. (viii) Machinery, heavy equipment, or truck sales and service. (ix) Manufactured building sales lot. (x) Mini-warehouse. (xi) Pawn shop. (xii) Radio, television, or microwave tower. (xiii) Restaurant with drive-in or drive through service. (xiv) Swap or buy shop. (xv) Vehicle display, sales and service. (xvi) Vehicle storage lot." (2) Prohibited Uses. Drive-in and drive-through uses. To maintain the urban character and street wall, drive-in and drive-through lanes, windows, or services are prohibited Lot size requirements. Lots must have a minimum area of 6,000 square feet, a minimum depth of 100 feet, and a minimum width of 50 feet. Lots may not exceed a maximum area of 7,500 square feet, a maximum depth of 120 feet, or a maximum width of 62.5 feet. (3) Minimum and maximum front yard setbacks for main structures. Minimum front yard is 0 feet and maximum front yard is 10 feet. A minimum of 75 percent of the street facing façade must comply with the maximum front yard setback..



(A) If three or more main structures are located on that

blockface, the front yard setback must be within five feet of the average setback of the three main structures on that-blockface that are closest to the structure. (B) If two or fewer main structures are located on that blockface, the minimum front yard setback is: (i) 20 feet if the structure is a residential style structure; or (ii) zero feet and the maximum front yard setback is five feet if the structure is a commercial style structure. (4) Minimum side yard setbacks for main structures. The minimum side yard setback is 0:. (A) five feet if the structure is a residential style structure; and (B) zero feet if the structure is a commercial style structure. (5) Minimum rear yard setback for main structures. The minimum rear yard setback is 0. (A) 10 feet if the structure is a residential style structure; and (B) zero feet if the structure is a commercial style structure. (6) Maximum lot coverage. The maximum permitted lot coverage on each building site is 80 percent: (A) 60 percent if the structure is a residential style structure within Subarea 2A; (B) 100 percent if the structure is a commercial style structure within Subarea 2A; and (C) 80 percent if the structure is within Subarea 2B. (7) Maximum building height. The maximum structure height is 24 36 feet when measured vertically from grade to the halfway point between roof ridge and top of the building wall. (8) Stories. No structure may have more than two three stories. (9) Dwelling unit density. None maximum dwelling unit density lot may contain more than two dwelling units.



(10) Floor area ratio. The maximum floor area ratio is 2.0:1: (A) 0.5 if the structure is a residential style structure; and (B) 1.0 if the structure is a commercial style structure. (11) Off-street parking and loading. (A) Unless otherwise specified in this ordinance, consult the use regulations (Division 51A-4.200 et seq.) to determine the off-street parking regulations for each use and consult the off-street parking and loading regulations (Division 51A- 4.300 et seq.) to determine the off-street parking and loading requirements for each use. (B) If a lot contains a [:(i)] residential style structure, the off-street parking regulations governing residential districts apply. [; and (ii)] If a lot contains a commercial style structure, the off-street parking regulations governing nonresidential districts apply. (C) The parking requirements for the uses listed below are as follows: (i) One and one-half off-street parking spaces for each residential dwelling unit. (A duplex must have at least three off-street parking spaces.)[;] Committee ProposalCPC Recommendation – No Change (ii) One off-street parking space per 400 square feet of floor area of a retail use. (iii) One off-street parking space per 500 square feet of floor area of an office use. (iv) One off-street parking space per 220 square feet of floor area of an alcoholic beverage establishment or restaurant with or without drive-in or drive through. Staff (ii) one off-street parking space per 400 square feet in an existing building, or a MURP developed on a lot that did not have a contributing building, otherwise one space per 220 square feet of floor area of a retail use; and (iii) one off-street parking space per 500 square feet in an existing building, or a MURP developed on a lot that did not have a contributing building, otherwise one space per 366 square feet of floor area of an office use; and



(iv) One off-street parking space per 220 square feet in an existing building, or a MURP developed on a lot that did not have a contributing building, otherwise one space per 110 square feet square feet of floor area of an alcoholic beverage establishment or restaurant with or without drive-in or drive through.

(D) Remote parking must be located within Subarea 2 and

within a walking distance of 600 1000 feet from the use served by the remote parking.

(E) An agreement authorizing a non-residential or mixed use development use to utilize remote parking for non-residential uses may be based on a lease of the remote parking spaces only if the lease:

(i) is in writing; (ii) contains legal descriptions of the properties

affected; (iii) specifies the special parking being provided and the hours of operation of any use involved; (iv) is governed by the laws of the state of Texas; (v) is signed by all owners of the properties affected; (vi) signed by all lienholders, other than taxing entities, that have an interest in or an improvement on the properties; (vii) is for a minimum term of three years; and

(viii) provides both the owner of the lot occupied by the non-residential use or mixed use development use and the owner of the remote parking lot shall notify the city of Dallas in writing if there is a breach of any provision of the lease, or if the lease is modified or terminated. SECTION 9. Architectural provisions. (a) In general. (1) New construction on vacant lots or on lots where structures have been willfully demolished must comply with one of the architectural styles permitted by this section. All of the required criteria of the style selected must be incorporated into the new construction. (2) All remodeling, reconstruction, or alteration of an existing contributing structure must comply with the requirements of the contributing structure' s



designated style as established in Exhibit A. All of the required criteria of the contributing style must be incorporated into the new construction. (3) As an alternative to compliance with a contributing structure' s designated style, the property owner may provide the director with documented assurance that the proposed work will reconstruct the original or existing architectural style and materials of the structure. (4) Existing noncontributing structures may be remodeled or altered without complying with the architectural style requirements described in this section. Any existing noncontributing structure that is damaged or destroyed by accident or act of God may be rebuilt in accordance with the provisions for nonconforming structures contained in Section 51A-4.704 of the Dallas Development Code, as amended. (5) Structures associated with utility and transportation uses and erected in a public right-of-way or easement are exempt from the architectural provisions of this ordinance. (b) Subarea 1Criteria. (1) Required criteria. Any construction, addition, or renovation of or to a street facade of a contributing structure or a new structure must conform with all the required criteria of either the transitional victorian or the prairie/craftsman style for single family or duplex structures and the early 20th century commercial style for multifamily, mixed use and non-residential structures: (A) Transitional victorian style: (i) Stories. All structures must have one or one and one-half stories. (ii) Siding. All structures must have wood siding or imitation wood siding. (iii) Footprint. The main building footprint must be generally derived from one of the illustrations shown in Figure 1 of Exhibit A. (iv) Roofs. (aa) Except for porch roofs, all structures must have a hip roof or roofs with a pitch of between 20 and 40 degrees. (bb) All porches must have either a gable or shed roof that is that is generally derived from one of the illustrations shown in Figure 2 of Exhibit A.



(cc) No roll roofing is permitted except on a porch roof that has a pitch of less than 20 degrees.

(v) Porch. All main buildings must have at least one porch.

(vi) Windows. All windows must have a height that

exceeds the width.

(vii) Colors. All paint and siding colors other than black and fluorescent colors are permitted. (viii) Foundation. The main building foundation must be between one and one-half feet and two feet above grade. (B) Prairie/Craftsman style. (i) Stories. No structure may have more than one story. (ii) Siding. The structure must have wood siding or imitation wood siding. (iii) Footprint. The main building footprint must be generally derived from one of the illustrations shown in Figure 3 of Exhibit A. (iv) Roofs. (aa) Except for porch roofs, all structures must have a gabled roof or roofs with a pitch of between 20 and 30 degrees. (bb) All porches must have either a gable or shed roof that is generally derived from one of the illustrations shown in Figure 4 of Exhibit A. (cc) No roll roofing is permitted except on a porch roof that has a pitch of less than 20 degrees. (v) Porch. All main buildings must have at least one porch. (vi) Colors. All paint and siding colors other than black and fluorescent colors are permitted. (vii) Foundation. The main building foundation must be between one and one-half feet and two feet above grade.



(C) Early 20th century commercial style, as described in this subparagraph: (i) Stories. All structures must have one, one with loft, or two or three stories. (ii) Siding. All structures must be brick siding. (iii) Windows. (aa) First floor store fronts must be divided into two, three, or four bays as shown in figure 5 of Exhibit A. At least 85 percent of the area of the first floor store front must consist of either window or door area. Transom windows must be above all first floor windows and doors. (bb) Second and third floor store front windows must be individually punched and have a double hung (one over one) sash. At least 50 percent of the area of the second and third floor store front must consist of window area. (iv) Wood. Wood of imitation wood panes less than three feet in height must be placed below all first floor windows. (v) Doors. Each door must be composed of wood or imitation wood and have one large full-view window. (vi) Roofs. All roofs must be flat, although parapets are permitted. (vii) Colors. All paint and siding colors other than black and fluorescent colors are permitted. (viii) Story setbacks. No story may be setback from another story. (The wall facing the street must be vertical). (ix) Equipment screening. All mechanical equipment located within 50 feet of a street façade must be screened with a parapet or similar structure. (x) Foundation. The main building foundation must be between one and one-half feet and two feet above grade. (2) Encouraged criteria. Although not required, any construction, addition, or renovation of or to a street facade of a contributing structure or a new structure is encouraged to conform with either the transitional victorian or the prairie/craftsman style for single family or duplex structures and the early 20th century commercial style for multifamily, mixed use and non-residential structures::



(A) Transitional victorian style. (i) Siding. All structures should have novelty wood siding with a maximum width of three inches.

(ii) Eaves. All eaves should be enclosed.

(iii) Entrances. All entrances should have a transom and side lights. (iv) Dormers. All structures should have gabled dormers, especially if the structure has one and one-half stories. If the front gable prominently projects out from the main building, the side facades should have cross gable dormers. (v) Colors. The body color and trim colors of all structures should conform with the color ranges or their equivalents in value, chroma, and hue outlined in the Munsell Book of Color as follows: (aa) Value: A body color should have a value of between six and nine and a trim color should have a value of between three and nine. (bb) Chroma: A body color and a trim color should have a chroma of between one and six. (cc) Hue: A body color and a trim color should have a hue of between two and one-half and ten for red (R), green (G), blue (B), yellow (Y), yellow-red (YR), green-yellow (GY), and neutral gray. Absolute white is also encouraged. (vi) Porch columns. All porch columns should have either a round or box form and be contiguous to the floor. They should not, as a rule, have brick bases. (B) Prairie/Craftsman style. (i) Siding. All structures should have novelty wood siding with a maximum width of three inches. (ii) Eaves. All eaves should be wide and unenslosed.. (iii) Roof rafters. All roof rafters should be exposed and have tails. (iv) Decorative beams. Decorative (false) beams or braces under gables are encouraged.



(v) Porch columns. All porch columns should be square, tapered, and on top of brick bases. (vi) Colors. The body color and trim colors of all structures should conform with the color ranges or their equivalents as described in Section 9(b)(2)(A)(v) of this ordinance. (c) Subarea 2. (1) Required criteria. Any construction, addition, or renovation of or to a street facade of a contributing structure or a new structure must conform with all the required criteria of the: (A) Transitional victorian style, as described in section 9(b)(1)(A) of this ordinance; (B) Prairie/Craftsman style, as described in Section 9(b)(1)(B) of this ordinance; or (C) Early 20th century commercial style, as described in this subparagraph: (i) Stories. All structures must have one, one with loft, or two or three stories. (ii) Siding. All structures must be brick siding. (iii) Windows. (aa) First floor store fronts must be divided into two, three, or four bays as shown in figure 5 of Exhibit A. At least 85 percent of the area of the first floor store front must consist of either window or door area. Transom windows must be above all first floor windows and doors. (bb) Second and third floor store front windows must be individually punched and have a double hung (one over one) sash. At least 50 percent of the area of the second and third floor store front must consist of window area. (iv) Wood. Wood of imitation wood panes less than three feet in height must be placed below all first floor windows. (v) Doors. Each door must be composed of wood or imitation wood and have one large full-view window.



(vi) Roofs. All roofs must be flat, although parapets are permitted. (vii) Colors. All paint and siding colors other than black and fluorescent colors are permitted. (viii) Story setbacks. No story may be setback from another story. (The wall facing the street must be vertical). (ix) Equipment screening. All mechanical equipment located within 50 feet of a street façade must be screened with a parapet or similar structure. (x) Foundation. The main building foundation must be between one and one-half feet and two feet above grade. (2) Encouraged criteria. Although not required, any construction, addition, or renovation of or to a street facade of a contributing structure or a new structure is encouraged to conform with either the transitional victorian style (as described in section 9(b)(2)(A) of this ordinance), the prairie/craftsman style (as described in 9(b)(2)(B) of this ordinance), or the early 20th century style (as described in 9(b)(3) of this ordinance). (3) (C) Early 20th century commercial encouraged criteria. The body color and trim colors of any structure built in the early 20th century commercial style should conform with the color ranges or their equivalents as described in Section 9(b)(2)(A)(v) of this ordinance. SECTION 10. Signs. (a) Subarea 1. All signs must comply with the with the provisions governing signs in non-business zoning districts contained in Article VII, “Sign Regulations,” as amended.

(a) In general.

(1) Except as provided in this paragraph, signs must comply with the provisions for business zoning districts in Article VII for all facades fronting on Davis Street, Bishop Avenue and 7th Street east of Adams Avenue and provisions for non-business zoning districts in Article VII for all other facades. (2) Except for A-frame signs and movement control signs used for parking, detached signs are prohibited.

(b) Signs in the right-of-way.



(1) Except as provided in this section, signs may be located within the right-of-way subject to the franchise requirements of Chapter XIV of the City Charter, Article VI of Chapter 43 of the Dallas City Code, as amended, Chapter 45 of the Dallas Building Code, and the requirements of all other applicable laws, codes, ordinances, rules, and regulations.

(2) The director of public works and transportation must review the

location of any sign located in or overhanging the right-of-way to ensure that the sign will not pose a traffic hazard or visibility obstruction.

(3) If the director of public works and transportation determines that a

previously-approved sign must be removed or relocated because of safety requirement of changing traffic conditions, the relocation or removal must be done at the owner’s expense within 30 days.

(c) A-frame signs. The following regulations apply:

(1) A-frame signs may identify a business use. (2) The maximum size of an A-frame sign is 32 inches wide and 36

inches tall. (3) The maximum effective area for each side of an A-frame sign is

1,200 square inches. (4) An A-frame sign may only be displayed when the business it

identifies is open. (5) A-frame signs may be located on the sidewalk if a minimum of

four feet of unobstructed sidewalk area is provided, and all necessary licenses and permits have been obtained.

(6) Only one A-frame sign is permitted for each business use. (7) A-frame signs must be separated by a minimum of 50 feet. (8) A-frame signs may not be located within 25 feet of an intersection

or within a visibility triangle.

(d) Blade signs. The following regulations apply:

(1) Blade signs must be attached premise signs. (2) Blade signs may not be internally illuminated.



(3) Blade signs may be horizontal or vertical. (4) There is no limit on the number of blade signs. (5) The maximum area for blade signs is 30 square feet. (6) Clearance.

(A) Blade signs greater than 12 square feet may be located no closer than 12 feet and no further than 25 feet from street level.

(B) Blade signs 12 square feet or less may be located no closer

than 9 feet and no further than 25 feet from street level. (7) A blade sign cannot project more than three feet into the right-of-

way. (8) A blade sign cannot be located closer than 15 feet to another

projecting sign. (b) Subarea 2. All signs must comply with the provisions governing signs in business zoning districts contained in Article VII, “Sign Regulations,” as amended. SECTION 11. Environmental performance standards. The provisions of Article

VI, “Environmental Performance Standards,” as amended, govern this district. For

purposes of this section, Subarea 1 is considered to be a D(A) district and Subarea 2 is

considered to be a CS district.

SECTION 12. Landscape regulations. The provisions of Article X, “Landscape

Regulations,” as amended, govern this district. For purposes of this section, Subarea 1

building sites developed with single family detached or duplex uses are is considered to

be in a D(A) district and Subarea 2 building sites developed with any other use are is

considered to be in a CS district.

SECTION 13. Nonconforming uses and structures. (a) Except as provided in Subsection (b), the nonconformity provisions of CHAPTER 51A, “PART II OF THE DALLAS DEVELOPMENT CODE,” as amended, apply to the Bishop Eighth Conservation District.



(b) If a nonconforming structure is damaged other than by the intentional act of the owner or the owner's agent such that the cost of repair will exceed 60% of the replacement cost of the structure before it was damaged, the owner may rebuild that structure only after a hearing and approval by the board. SECTION 14. Review procedures. (a) Building permit review. (1) Upon receipt of an application for a building permit for work on any new or contributing structure in this district, if the proposed construction or modification is located on a street facade, the building official shall refer the permit application and plans to the director to determine whether the project meets the requirements of this ordinance. The review must be conducted so that the decision on issuance of the building permit can be completed no later than 30 days from the date of submission of the completed application to the building official. (2) If the director determines that the application complies with the requirements of this ordinance, he or she shall refer the permit application, plans, and all other relevant information to the building official, who shall issue the permit if all requirements of the construction codes and other applicable ordinances have been met. (3) If the director determines that the application does not comply with the requirements of this ordinance, he or she shall state in writing the specific requirements to be met before issuance of a permit to authorize the work requested, and the building official shall deny the permit. The director shall give written notice to the applicant of the reason for recommending denial of a building permit application. Notice is given by depositing the notice properly addressed and postage paid in the United States mail. The notice must be sent to the address shown on the application. (b) Work not requiring a building permit. (1) This ordinance applies to any exterior work on a lot regardless of whether the work requires a building permit. Any violation of a provision of this ordinance is subject to civil and criminal enforcement. (2) The director shall determine whether the proposed, in progress, or completed work or project meets the requirements of this ordinance. The review must be conducted so that the determination can be made no later than 10 days from the date of notification of the proposed, in progress, or completed work or project. (3) If the director determines that the plans for or the work complies with the requirements of this ordinance, he or she shall approve the plans and shall give written notice of his findings to the applicant.



(4) If the director determines that the application does not comply with the requirements of this ordinance, he or she shall state in writing the specific requirements to be met before an approval is granted. The director shall give written notice to the property owner of the reason for denial of work . Notices given by depositing the notice properly addressed and postage paid in the United States mail. The notice must be sent to the address shown on the application. In the event an address is not provided, the notice shall be sent to the address shown on the tax roll. SECTION 15. Appeals. (a) An applicant may appeal any decision made by the director pursuant to this ordinance to the board by filing a written request for appeal with the department of planning and development within 10 days after notice is given to the applicant of the director's decision. (b) The director shall also notify the Bishop/Eighth neighborhood organization within five days of the receipt of an applicant’s request for appeal. (c) Appeal to the board constitutes the final administrative remedy available to an applicant. (d) In considering the appeal, the sole issue before the board shall be whether the director erred in his or her decision. The board shall consider the same standards that were required to be considered by the director in making his or her decision. SECTION 16. Notice of hearing. (a) The board shall hold a public hearing on all appeals. (b) The director shall send written notice of the public hearing on the appeal to the board to the appellant and all owners of real property located within 200 feet, including streets and alleys, from the boundary of the area upon which the appeal 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. (c) 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.

Final Agenda

Documents

Transcript of Final Agenda