Proposed Davis-Bishop Zoning Ordinance

8/9/2019 Proposed Davis-Bishop Zoning Ordinance

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4-30-10

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 t

he 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”).

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



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 isapproximately acres.

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.

(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 theevent of a conflict between the graphic depiction in Exhibit ____A and the verbal description inExhibit ___B, the verbal description in Exhibit ____B controls.

(c) This district is considered to be a residential zoning district in subdistricts 1, 3, 4and 8 and a nonresidential zoning district in subdistricts 2, 5, 6 and 7.

SEC. 51P- .104. DEFINITIONS.

(a) Unless otherwise stated, the definitions and interpretations in Chapter 51A applyto this article. In this district:

(1) A-FRAME SIGN means a portable detached premise sign that is hinged atthe 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 articlessuch as glass, china, furniture, or similar furnishings and decorations that have value andsignificance as a result of age, design, or sentiment.

(3) ART GALLERY means an establishment where original works of art orlimited editions of original works of art are bought, sold, loaned, appraised, or exhibited to thegeneral public.

(4) BED AND BREAKFAST means a lodging use that has no more than fiveguest rooms; provides accommodations for periods not to exceed five nights; serves no mealsother than breakfast; and is a member of, or certified by, a recognized bed and breakfastassociation such as the National Bed and Breakfast Association (NBBA) or Historic andHospitality Accommodation of Texas.

(5) BLADE SIGN means a sign that projects perpendicularly from a mainbuilding facade and is visible from both sides.

(6) BODY PIERCING STUDIO means a facility in which body piercing isperformed. BODY PIERCING means the creation of an opening in an individual’s body, otherthan in an individual’s earlobe, to insert jewelry or another decoration.

(7) LEGACY BUILDING means a building listed on Exhibit “xx” ordetermined to be a legacy building in accordance with Section _____.

(8) MASSAGE ESTABLISHMENT and MASSAGE mean a massageestablishment or massage as defined by Texas Occupation Code Chapter 455, as amended.

(9) REMOTE SURFACE PARKING LOT means a passenger vehicle parkingfacility that is subject to remote parking agreements and that has parking spaces in excess of




those needed for the remote parking agreements in amount not exceeding 50 percent of the totalnumber of spaces provided on the site.

(10) 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.

(11) TATTOO STUDIO means an establishment in which tattooing isperformed. TATTOOING means the practice of producing an indelible mark or figure on thehuman body by scarring or inserting a pigment under the skin using needles, scalpels, or otherrelated equipment.

(12) TRANSPARENCY means the total area of window and door openingfilled with glass, expressed as 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 thisarticle 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 ispermitted by right.

(2) The symbol [L] appearing after a listed use means that the use is permittedby 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 ispermitted by specific use permit only. [“SUP” means “specific use permit.” For moreinformation 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 mustbe submitted and approved in accordance with the requirements of Section 51A-4.803, “Site PlanReview.” (“DIR” means “development impact review.” For more information regardingdevelopment 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 aresidential adjacency as defined in Section 51A-4.803, “Site Plan Review,” a site plan must besubmitted and approved in accordance with the requirements of that section. (“RAR” means“residential adjacency review.” For more information regarding residential adjacency reviewgenerally, 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:

(2) Exhibit ___B:

(3) Exhibit ___C:

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 regardingsubmission of or amendments to a development plan, site analysis plan, conceptual plan,development schedule, [and landscape plan (coordinate with the landscape section)] do notapply.

SEC. 51P-714.109. USE REGULATIONS AND DEVELOPMENT STANDARDS

IN SUBDISTRICT NO. 1: BISHOP AVENUE.

(a) Uses. The following listed uses are the only main uses permitted in thissubdistrict:

(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.

(8) Recreation uses.

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

(9) Residential uses.

-- Duplex-- Handicapped group dwelling unit (spacing requirements of section

51A-4…..must be met)-- Multifamily-- Retirement housing-- Single family

(10) Retail and personal service uses.

-- Antique store-- Art gallery-- Remote surface parking lot (only permitted on lots contiguous to

the lot with the use requiring the parking subject to a remoteparking 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. [See Section 51A-4.213 (11.2).] -- Recycling drop-off for special occasion collection. [See Section

51A-4.213 (11.3).]

(b) Accessory uses.

(1) As a general rule, an accessory use is permitted in any subdistrict in whichthe main use is permitted. Some specific types of accessory uses, however, due to their uniquenature, are subject to additional regulations in Section 51A-4.217, “Accessory Uses.” For moreinformation regarding accessory uses, consult Section 51A-4.217.

(2) In this subdistrict, the following accessory uses are permitted only bySUP:

-- Accessory community center (private).

(3) In this subdistrict, 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.

(c) Yard, lot, and space regulations.

(Note: The yard, lot, and space regulations in this subsection must be readtogether with the yard, lot, and space regulations in Division 51A-4.400, “Yard, Lot, and SpaceRegulations.” In the event of a conflict between this subsection and Division 51A-4.400, this

subsection controls.)

(1) Front yard. Except as provided in this subsection, minimum front yard is20 feet and maximum front yard is 25 feet. A minimum of 75 percent of the street facing façademust comply with the maximum front yard setback.

(2) Side Yard. Except as provided in this subsection, minimum side yard is10 feet except a side yard need not exceed 10 percent of lot width.


http://www.amlegal.com/nxt/gateway.dll?f=id$id=The%20Dallas%20City%20Code%3Ar%3A6ce0$cid=The%20Dallas%20City%20Code$t=document-frame.htm$an=JD_51A-4.213$3.0#JD_51A-4.213






(A) A minimum side setback of 5 feet must be provided adjacent to a

detached single family use.

(B) No side yard setback is required between single family attached

uses.

(3) Rear yard. Minimum rear yard is 10 feet.

(3) Density. No maximum number of dwelling units.

(4) Floor area ratio. No maximum floor area ratio.

(5) Height.

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

42 feet.

Proposal

(B) Any portion of a structure over 30 feet in height may not belocated above a residential proximity slope. The residential proximity slope is a plane projectedupward and outward at a one-to-two rise over run from private property with a single family useoutside of this district. Structures listed in Section 51A-4.412 may project through the residentialproximity slope to a height not to exceed the maximum structure height or 12 feet above theresidential proximity slope, whichever is less.

Staff Recommendation

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

(i) From outside of the district, the residential proximity slopeis a plane projected upward and outward at a one-to-two rise over run from private property witha single family use outside of this district. Chimneys and vent stacks may project through theresidential proximity slope to a height not to exceed the maximum structure height or 12 feetabove the residential proximity slope, whichever is less.

(ii) From inside of the district, the residential proximity slope isa plane projected upward and outward at a two-to-one rise over run from private property with a

detached single family use inside of this district. Chimneys and vent stacks may project throughthe residential proximity slope to a height not to exceed the maximum structure height or 12 feetabove the residential proximity slope, whichever is less.

(6) Lot coverage. Maximum lot coverage is 60 percent. Abovegroundparking structures are included in lot coverage calculations; surface parking lots andunderground parking structures are not.




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

(8) Maximum lot width. 150 feet.

(9) Stories. Maximum number of stories above grade is three plus attic story.

(d) Off–street parking and loading. Except as modified in this subsection, see Section51P-____.117, “Off-Street Parking and Loading.”

(e) Environmental performance standards. Except as modified in Section 51P-____.118, “Environmental Performance Standards.”

(f) Landscape regulations. Except as modified in this subsection, see Section 51P-____.119, “Landscaping.”

(g) Sign regulations. Except as modified in this subsection, see Section 51P-

____.120, “Signs.”

(h) Architectural design standards. Except as modified in this subsection, see Section51P-____.121, “Architectural design standards.”

(i) Additional provisions. Except as modified in this subsection, see Section 51P-____.122, “Additional provisions.”


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 being

prepared for review.



-- Crop production.


-- Catering.-- Custom business services.





None permitted.


-- Church-- Child care facility-- Community service center [SUP]

(5) Lodging uses.

-- Bed and Breakfast.



(7) Office uses.

-- Financial institution without drive in window.-- Medical clinic or ambulatory surgery center.-- Office.







-- Alcoholic beverage establishment. [SUP] [Staff Rec. Area 2 of

CD-7 only]

-- Antique store.-- Art gallery.-- Dry cleaning or laundry store. [Staff Rec. Area 2 of CD-7 only]

-- Furniture store.




Proposal

-- General merchandise or food store. [By right if 5,000 square feet of

floor area or less; otherwise, by SUP.]


-- General merchandise or food store. [ In subarea 2, By right if 5,000 square feet of floor area or less; otherwise, by SUP. In

subarea 2, By right if 2,000 square feet of floor area or less;

otherwise, by SUP ]

-- Nursery, garden shop, or plant sales.-- Personal service uses-- Restaurant without drive-in or drive-through service.[RAR] [Staff

Rec. Area 2 of CD-7 only]

Proposal

-- Remote surface parking lot.


-- Remote surface parking lot. (only permitted on lots contiguous tothe lot with the use requiring the parking subject to a remoteparking agreement)

-- Theater [SUP]




-- Local utilities



51A-4.213 (11.3).]

(b) Accessory uses.












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


(Note: The yard, lot, and space regulations in this subsection must be readtogether with the yard, lot, and space regulations in Division 51A-4.400, “Yard, Lot, and SpaceRegulations.” In the event of a conflict between this subsection and Division 51A-4.400, thissubsection controls.)

(1) Front yard. Except as provided in this subsection, minimum front yard is0 feet and maximum front yard is 10 feet. A minimum of 75 percent of the street facing façademust comply with the maximum front yard setback.

(A) Minimum front yard is 15 feet and maximum front yard is 25 feetwhere there a common side property line with a detached single family use for a minimum of 50feet from the common property line. A minimum of 75 percent of the street facing façade mustcomply with the maximum front yard setback.

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

(A) A minimum side setback of 5 feet must be provided adjacent to adetached single family use.



(5) Floor area ratio. Maximum floor area ratio is 2.0:1.

Proposal

(6) Height. Maximum structure height is 36 feet.



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





(9) Maximum lot width. None.

(10) Stories. Except as provided in this paragraph, maximum number of storiesis 5.




(g) Sign regulations. Except as modified in this subsection, see Section 51P-

____.120, “Signs.”




IN SUBDISTRICT NO. 3: EAST GARDEN DISTRICT.



-- Crop production.

(2) Commercial and business service uses. [Only permitted on lots with

frontage on Bishop Avenue or Zang Boulevard]



None permitted.





-- Church-- Child care facility

(5) Lodging uses. [Only permitted on lots with frontage on Bishop Avenue

or Zang Boulevard]

-- Bed and Breakfast.-- Hotel or motel [SUP]



(7) Office uses. [Only permitted on lots with frontage on Bishop Avenue or

Zang Boulevard]







(10) Retail and personal service uses. [Only permitted on lots with frontage on

Bishop Avenue or Zang Boulevard]

-- Alcoholic beverage establishment. [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-- Restaurant without drive-in or drive-through service.[RAR]

-- Remote surface parking lot.-- Theater [SUP]




-- Local utilities



51A-4.213 (11.3).]

(b) Accessory uses.







(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 SpaceRegulations.” In the event of a conflict between this subsection and Division 51A-4.400, thissubsection controls.)

(1) Front yard. Minimum front yard is 0 feet and maximum front yardis 10 feet. A minimum of 75 percent of the street facing façade must comply with the maximumfront yard setback.








(2) Side Yard. Minimum side yard is 0

Proposal

(3) Rear yard. Minimum rear yard is 0.

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

(A) Minimum rear yard is 10 feet if adjacent to subarea 8



(6) Height. Except as provided in this paragraph, maximum structure heightis 50 feet.

Proposal

(A) Maximum structure height is 75 feet for property with Frontage onBishop Avenue.


(A) Maximum structure height is 75 feet for property with Frontage onBishop Avenue Zang Boulevard.



(i) From outside of the subarea, the residential proximity slopeis a plane projected upward and outward at a one-to-two rise over run from private property witha single family use outside of this subarea. Chimneys and vent stacks may project through theresidential proximity slope to a height not to exceed the maximum structure height or 12 feetabove the residential proximity slope, whichever is less.

(ii) From inside of the subarea, the residential proximity slopeis a plane projected upward and outward at a two-to-one rise over run from private property witha detached single family use inside of this district. Chimneys and vent stacks may projectthrough the residential proximity slope to a height not to exceed the maximum structure height or12 feet above the residential proximity slope, whichever is less.








(A) Maximum number of stories is 4 for property located south of Davis Street between Hampton Road and Rosemont Avenue




(g) Sign regulations. Except as modified in this subsection, see Section 51P-____.120, “Signs.”




IN SUBDISTRICT NO. 4: KIDD SPRINGS PARK.



-- Crop production


None permitted.


None permitted.





-- Church

(5) Lodging uses.

None permitted.









-- Restaurant without drive-in or drive-through service.[SUP]




-- Local utilities



51A-4.213 (11.3).]

(b) Accessory uses.

(1) As a general rule, an accessory use is permitted in any subdistrict in whichthe main use is permitted. Some specific types of accessory uses, however, due to their unique








nature, are subject to additional regulations in Section 51A-4.217, “Accessory Uses.” For moreinformation regarding accessory uses, consult Section 51A-4.217.







(1) Front yard. Except as provided in this subsection, minimum front yard is10 feet.

(A) On Cedar Hill Avenue the minimum front yard is 15 feet.

(2) Side Yard. Except as provided in this subsection minimum side yard is 0.

(A) On property lines abutting Kid Springs Park, the minimum sideyard is 15 feet.

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

(A) On property lines abutting Kid Springs Park, the minimum rearyard is 15 feet.


(5) Floor area ratio. Maximum floor area ratio is 2.0:1.

(6) Height. Except as provided below the maximum structure height is 50feet.






(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 witha single family use outside of this district. Chimneys and vent stacks may project through theresidential proximity slope to a height not to exceed the maximum structure height or 12 feetabove the residential proximity slope, whichever is less.

(ii) From inside of the district, the residential proximity slope isa plane projected upward and outward at a two-to-one rise over run from private property with adetached single family use inside of this district. Chimneys and vent stacks may project throughthe residential proximity slope to a height not to exceed the maximum structure height or 12 feetabove the residential proximity slope, whichever is less.




(10) Stories. Maximum number of stories is 4.











IN SUBDISTRICT NO. 5: KINGS HIGHWAY GATEWAY.

Note: See Addendum 1 for proposed amendments to portion of property in Kings

Highway Conservation District



-- Crop production.


-- Catering.

-- Custom business services.


None permitted.



(5) Lodging uses.




(7) Office uses.









51A-4…..must be met)

-- Multifamily-- Retirement housing-- Single family



-- 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-- Restaurant without drive-in or drive-through service.[RAR]





-- Local utilities



51A-4.213 (11.3).]

(b) Accessory uses.

















IN SUBDISTRICT NO. 6: DAVIS CORRIDOR.



-- Crop production.




None permitted.


-- Church-- Child care facility-- Community service center [SUP]

(5) Lodging uses.







(7) Office uses.






51A-4…..must be met)




-- 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.]






-- Local utilities


-- Recycling drop-off container. [See Section 51A-4.213 (11.2).]






-- Recycling drop-off for special occasion collection. [See Section

51A-4.213 (11.3).]

(b) Accessory uses.









(A) On Davis Street minimum front yard is 0 feet and maximum frontyard is 10 feet. A minimum of 75 percent of the street facing façade must comply with themaximum front yard setback.


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

(A) Minimum rear yard is 10 feet if adjacent to a single family zoningdistrict








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

is 75 feet.

Proposal

(A) Maximum structure height is 40 feet for property located south of Davis Street between Hampton Road and Rosemont Avenue

(B) Any portion of a structure over 30 feet in height may not belocated above a residential proximity slope. The residential proximity slope is a plane projectedupward and outward at a one-to-one rise over run from private property with a single family useon an adjacent property with no intervening street. Otherwise there is no residential proximityslope. Chimneys and vent stacks may project through the residential proximity slope to a heightnot to exceed the maximum structure height or 12 feet above the residential proximity slope,whichever is less.

Staff Recommendation(A) Maximum structure height is 40 feet for property located south of

Davis Street between Hampton Road and Rosemont Avenue

(B) Any portion of a structure over 30 feet in height may not belocated above a residential proximity slope. The residential proximity slope is a plane projectedupward and outward at a two-to-one rise over run from private property with a single family useon an adjacent property with no intervening street. Chimneys and vent stacks may projectthrough the residential proximity slope to a height not to exceed the maximum structure height or12 feet above the residential proximity slope, whichever is less.





(A) Maximum number of stories is 4 for property located south of Davis Street between Hampton Road and Rosemont Avenue














IN SUBDISTRICT NO. 7: WINNETKA HEIGHTS

VILLAGE.

Note: See Addendum 2 for proposed amendments to portion of property in the Winnetka

Heights Historic District.




-- Crop production.


-- Catering.


None permitted.



(5) Lodging uses.




(7) Office uses.








-- Duplex-- Handicapped group dwelling unit (spacing requirements of section51A-4…..must be met)



-- 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.]


-- Remote surface parking lot-- Theater [SUP]




-- Local utilities



51A-4.213 (11.3).]

(b) Accessory uses.
















(A) On Davis Street minimum front yard is 0 feet and maximum frontyard is 10 feet. A minimum of 75 percent of the street facing façade must comply with themaximum front yard setback.



















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



-- Crop production


None permitted.


None permitted.


-- Childcare facility [Subarea 8A only]

-- Church

(5) Lodging uses.

None permitted.






(7) Office uses.

-- Financial institution without drive in window [Subarea 8A only] -- Medical clinic or ambulatory surgery center [Subarea 8A only]

-- Office. [Subarea 8A only]




-- Handicapped group dwelling unit (spacing requirements of section51A-4…..must be met)

-- Single family


-- Antique store [Subarea 8A only] -- Art gallery [Subarea 8A only] -- Dry cleaning or laundry store [Subarea 8A only] -- General merchandise or food store. [5,000 square feet of floor area

or less; Subarea 8A only.]

-- Personal service uses [Subarea 8A only]




-- Local utilities



51A-4.213 (11.3).]

(b) Accessory uses.









(2) In this subdistrict, the following accessory uses are permitted only by

SUP:-- Accessory community center (private).




(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 SpaceRegulations.” In the event of a conflict between this subsection and Division 51A-4.400, thissubsection controls.)

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

(2) Side Yard. Minimum side yard is 5 feet.


(4) Density. Maximum of two dwelling units per lot. A second dwelling unitmay be an existing duplex unit, or if on lot with a single family detached dwelling, the unit mustbe on the rear 30 percent of the lot. A second dwelling unit is not considered an accessorystructure. A second dwelling unit must have exterior siding, roofing, roof pitch, foundationfascia, and fenestration compatible with the existing dwelling unit. "Compatible" as used in thisprovision means similar in application, color, materials, pattern, quality, shape, size, slope, andother characteristics; but does not necessarily mean identical. The burden is on the propertyowner or applicant to supply proof of compatibility.




(8) Lot size. Minimum lot size is 5,000 square feet.






(d) Off–street parking and loading. Except as modified in this subsection, see Section

51P-____.117, “Off-Street Parking and Loading.”

(e) Environmental performance standards. Except as modified in Section 51P-

____.118, “Environmental Performance Standards.”





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

(a) In general. Except as provided in this paragraph, consult the use regulations inDivision 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 bedroomis required with a maximum of two 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 feetof, and has direct access to, a street, sidewalk, or publically accessible open space, the outdoordining area is excluded for calculation of the parking requirement for up to 25 percent of the sizeof the indoor floor area. Any portion of the an outdoor dining area in excess of 25 percent of thesize of the indoor floor area must be parked in accordance with Subsection (i)(I)(B)(i).

(b) Parking reductions.

Staff

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




Applicant

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

Staff (2) Legacy building.

(A) For residential uses within a legacy building, off-street parkingrequirements may be reduced an additional 25 percent.

(B) Off-street parking spaces are not required for the first 2,500 squarefeet of floor area in a ground level retail-related use that has a separate certificate of occupancy if the use is located in a legacy building.

Applicant

(2) Legacy buildings.

(A) For residential uses within a legacy building, off-street parkingrequirements may be reduced an additional 25 percent.

(B) For retail related uses, no off-street parking is required.

(3) Mixed use development parking.

(A) In general. The off-street parking requirement for a mixed usedevelopment 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 asfollows:

(i) The standard parking requirements for each of the uses inthe 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 tothe category of use. If a use in the development does not fall within one of the categories shownin the mixed use development parking chart, the percentage assigned to that use is 100 percentfor all five times of day.

(iii) The “time of day” columns are totaled to produce sums thatrepresent 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 themixed use development cannot be reduced to a number of spaces that is less than the sum of thestandard 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-streetparking spaces that abut the building site may be counted as a reduction in the off-street parkingrequirement of the use adjacent to the on-street parking space. On street parking must be stripedin accordance with standard city specifications.

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

(B) An on-street parking space that is not available to the public at alltimes of the ay ma only be counted as a partial parking space in proportion to the amount of timethat is available. For example, a parking space that is available to the public only eight hours perday will be counted as one-third of the parking space (8 / 24 = 1/3). The total number of thelimited-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, remoteparking is permitted if the remote parking is within a walking distance of 1000 feet from the useserved and the requirements of Division 51-4.320, “Special Parking Regulations,” are met,including the landscape requirements.

(B) An agreement authorizing a non-residential or mixed usedevelopment use to utilize remote parking may be based on a lease of the remote parking spacesonly if the lease:

(i) is in writing;

(ii) contains legal descriptions of the properties affected;

(iii) specifies the special parking being provided and the hoursof 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, thathave 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 shallnotify the city of Dallas in writing if there is a breach of any provision of the lease, or if the leaseis modified or terminated.

(6) Tree preservation. Off-street parking spaces required for a use may bereduced by one space for each protected tree (as defined in Article X) retained on site that wouldotherwise have to be removed to provide the required off-street parking for that use.

SEC. 51P- .11_. LEGACY BUILDING AMENDMENTS.

(a) If the city plan commission finds that all of the following standards apply to abuilding within this District, the director is authorized to add the building to the legacy buildingexhibit xx attached to this ordinance:

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

(2) the floor area of the building has not been increased by more than 50percent since its original construction;

(3) the primary street-facing facade of the building is within 10 feet of theright-of-way line of Davis Street or within 5 feet of the 25 foot front yard setback line on BishopAvenue;

(4) the building’s main entrance faces Davis Street or Bishop Avenue;

(5) the building windows and door openings total at least 20 percent of thefacade area that faces David Street or Bishop Avenue; and

(6) off-street parking is not located in the required front yard.

(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) Landscaping must be provided in accordance with Article X.

(b) Plant materials must be maintained in a healthy, growing condition.

SEC. 51P- .120. SIGNS.

(a) In general.

(1) Except as provided in this paragraph, signs must comply with theprovisions for business zoning districts in Article VII for all facades fronting on Davis Street,Bishop Avenue in subarea 2 (CD 7) and subarea 3, Zang Boulevard, 7th street in subarea 2 (CD7) and subarea 6C, Hampton Road, and Jefferson Boulevard and provisions for non-businesszoning districts in Article VII for all other facades.

(2) Except for A-frame signs and movement control signs used for parking in

all subareas, and ground 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, andthe requirements of all other applicable laws, codes, ordinances, rules, and regulations.

(2) The director of public works and transportation must review the locationof any sign located in or overhanging the right-of-way to ensure that the sign will not pose atraffic hazard or visibility obstruction.

(3) If the director of public works and transportation determines that apreviously-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 expensewithin 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 inchestall.

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

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




(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 beenobtained.

(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 orwithin 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 25feet 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 projectingsign.

(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 5 ft from the right-of-way.

(6) The maximum height for a monument signs is 4 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

multifamily, mixed use and non-residential buildings in all subareas and single family andduplex structures in Subarea 8 (see section Section 51P-____.121(l) for standards for Subarea 8).

(b) Purpose.

(1) The architectural design standards of this section are intended to preservethe historical, cultural and architectural importance and significance of the Davis Street andBishop Avenue corridors. The 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 centuryAmericana and post-World War II automobile culture. These architectural design standards are

intended to preserve the character of the corridor while allowing compatible new constructionand 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 thecorridor and complements adjacent neighborhoods;

(B) ensure that increased density in established neighborhoods makes apositive 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 complieswith the requirements of this section.

(d) Building Orientation.

The primary façade and primary entrance of new construction must be oriented toface the public right-of-way.

(e) Entrances.

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




(2) Primary customer entrances for retail and personal service uses must facethe street. Primary customer entrances for retail and personal service uses must be clearly visiblethrough 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 development tract must have similararchitectural design.

(2) Street-facing facades exceeding 30 feet in length must have two of thefollowing elements. Street facing facades exceeding 100 feet in length must have four of thefollowing 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 inchesand 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 ground floor of the primary façade of nonresidential uses or mixeduse projects with retail uses on the ground floor must have at least two of the following elementsfor at least 60 percent of the width of the façade:

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

(6) The ground floor of the primary façade of nonresidential uses or mixed

use projects with non-residential uses on the ground floor 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 is built toexceed 36 feet in height, that building must have a minimum of 500 SF of sloped roof area. Thesloped roof area must be visible from the street, and the slope must exceed a pitch of 2 in 12.

(2) To create varied building massing for large scaled buildings, no more than80% 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 walllonger 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 thelength of the fence or wall.

(i) Materials.

(1) Glass. The reflectance of glass used on the first two stories may notexceed 15 percent. The reflectance of glass used on stories above the first two stories may notexceed 27 percent. As used in this provision, “reflectance” is the percentage of available lightenergy reflected away from the exterior surface of the glass. The higher the reflectancepercentage, 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.

(3) Metal.




(A) Allowed. No more than 20 percent of a street-facing façade may be

flat or corrugated metal panels.

(B) Prohibited. Metal siding which imitates wood siding

(4) Plastic.

(A) Allowed. Fiberglass panels and polycarbonate panels.(B) Prohibited. Plastic siding and vinyl siding which 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 with wood-grain finish.

(B) Prohibited. Flakeboard, 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 notvisible to a person standing at ground level on the opposite side of any adjacent right-of-way.

(k) Windows. Retail and personal service uses must provide windows or displaycases in ground-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 newconstruction and major modifications in the sub-district to be compatible with the existingVictorian Transitional-style housing stock in the neighborhood.

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

(3) Standards:

(A) Structures in the front 50% of a lot must utilize hipped-roofed orgable-roofed forms only, with a minimum roof slope of 4 (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 2 (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 aminimum of two open sides and a minimum floor area of 50 square feet; the porch must bevisible from the street.

(D) Parking is not permitted in the front yard; this regulation applies torequired parking and non-required parking.

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

SEC. 51P- .122. ADDITIONAL PROVISIONS.

(a) The Property must be properly maintained in a state of good repair and neatappearance.

(b) Development and use of the Property must comply with all federal and state lawsand 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 beconstructed 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 acertificate of occupancy to authorize the operation of a use, until there has been full compliancewith 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 5. 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 6. 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 7. That a person who violates a provision of this ordinance, upon conviction,

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

SECTION 8. 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 9. 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 10. 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




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 THEDALLAS 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 theprevious degree of nonconformity are lost.

(3) If a nonconforming structure is damaged to the extent of more than 60percent of the replacement cost of the nonconforming structure on the date of the damage, theowner 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 thosestructural components visible from a street.

(1) Exterior facade materials.

(A) Only those exterior facade materials listed in Table 1 of the KingsHighway Conservation Plan may be used for new construction.

(B) Only brick, wood, or materials similar in appearance to wood maybe 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-finishedconcrete, 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 themain use.

(B) Fixed windows are not permitted except for:

(i) stained or leaded glass windows; or

(ii) porch enclosures if the enclosure fits their correspondingoriginal 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 vendingmachines 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.

Proposal(b) Height. No structure may exceed 30 feet in height. Maximum structure height is 50 feet.


(b) Height. No structure may exceed 30 feet in height. Except as provided in this paragraphmaximum structure height is 50 feet.

(1) Any portion of a structure over 30 feet in height may not be located above aresidential proximity slope. The residential proximity slope is a plane projected upward andoutward at a one-to-two rise over run from private property with a single family use outsidesubarea 2. 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 structureheight 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 linemust 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, themaximum 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 andmaximum front yard is 10 feet. A minimum of 75 percent of the street facing façade mustcomply 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:


(A) Catering.

(B) Custom business services.


(A) Child-care facility (by SUP only).

(B) Church.

(C) Community home for disabled persons.

(3) Lodging uses.



(A) Public park, playground, or golf course.


(A) Duplex.

(B) Handicapped group dwelling unit (spacing requirements of section 51A-4…..must be met)

(C) Multifamily

(D) Retirement housing




(BE) Single family.


Proposal

(A) Alcoholic beverage establishment. [SUP]


(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]


(A) Transit passenger shelter (by SUP only).


(A) Local utilities.




ADDENDUM 2

WINNETKA HEIGHTS HISTORIC DISTRICT AMENDMENTS




4-22-10

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 DevelopmentCode, as amended, apply to the Winnetka Heights Historic District unless expressly modified orrepealed 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 TractIII(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 April14, 2004]. Tracts IV(a), IV(b), IV(c), and IV(d) are described in _____________. Exhibit 87C isa 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) BED AND BREAKFAST means a lodging use that has no more than fiveguest rooms; provides accommodations for periods not to exceed five nights; serves no mealsother than breakfast; and is a member of, or certified by, a recognized bed and breakfastassociation such as the National Bed and Breakfast Association (NBBA) or Historic andHospitality Accommodation of Texas.

(2) BLOCK means an area bounded by streets on all sides.

(3[2]) BLOCKFACE means all of the lots on one side of a block.

(4[3]) CERTIFICATE OF APPROPRIATENESS means a certificate issued bythe city to authorize certain work to be performed in this district. (See Section 51P-87.120 of thisarticle and Section 51-4.501.)

(5[4]) COLUMN means the entire column, including the base and capital, if any.




(6[5]) COMMISSION means the city plan commission.

(7[6]) COMMITTEE means the landmark committee created under Section 51-3.103.

(8) CONTRIBUTING STRUCTURE means a structure that retains itsessential architectural integrity of design and whose architectural style is typical of or integral tothe historic district.

(9[7]) CORNER LOT means a lot that has frontage on two different streets.

(10[8]) CORNER SIDE FACADE means the facade of a main building on acorner lot that faces the side street.

(11[9]) CORNER SIDE YARD means a side yard that abuts a street.

(12[0]) FENCE means a structure or hedgerow that provides a physical barrier,and includes a fence gate.

(13[1]) FINISHED PORCH FLOOR ELEVATION means the vertical distancemeasured from grade to the completed floor surface of the porch.

(14[2]) FRONT YARD means the portion of a lot that abuts a street and extendsacross the width of the lot between the street and the main building and lines parallel to andextending outward from the front facade of the main building.

(15[3]) LOT means a building site, as defined in the Dallas Development Code.

(16) MIXED USE DEVELOPMENT means a development that has bothresidential and non-residential uses on the same building site.

(17[4]) MOVE-IN BUILDING means a building that has been moved onto anexisting lot.

(18[5]) ONE-HALF STORY means a finished room in the attic.

(19[6]) PARKWAY means the area between a public sidewalk and the street.

(20[17]) PERIOD COMMERCIAL BUILDING means a building originallyconstructed for nonresidential uses and representing Art Deco, Spanish Colonial Revival, orEnglish Tudor influenced architectural styles typical of the period from 1900 to 1935.

(21[8]) PLANTER BOX means a permanent container for plants that is non-movable.

(22[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.

(23[0]) REAR YARD means:

(A) on an interior lot, the portion of the lot between the side lot linesthat extends across the width of the lot between the main building and lines parallel to andextending 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 theinterior side lot line and a line parallel to and extending outward from the rear of the corner sidefacade, and between the rear lot line and the main building and a line parallel to and extendingoutward from the interior side corner of the rear facade.

(24[1]) RESIDENTIAL BUILDING means a building that contains onlyresidential uses.

(25[2]) SCREENING means a structure or planting that provides a visual barrier.

(26[3]) SIDE YARD means any portion of a lot not occupied by a main buildingthat is not a front or rear yard. "Side yard" includes "corner side yard."

(27[4]) STORY means the portion of a building between any two successivefloors, or between any given floor and the ceiling above it.

(28[5]) THIS DISTRICT means the Winnetka Heights Historic District.

(29[6]) TRIM COLOR means a paint color other than the dominant color. Woodcolored translucent stains are not trim colors. Furthermore, trim color does not include the colorof screen and storm doors and windows, gutters, downspouts, porch floors, and ceilings.

(b) Except as otherwise provided in this section, the definitions in Section 51-2.102apply 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), andTract III(b)]:

(1) Uses that were illegal on October 14, 1981, are illegal uses under thisarticle. 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 nonresidentialuses permitted in an NS Neighborhood Service District.

[(3) In Tract III(a), a nursery, garden shop, or plant sales use is permitted inaddition to Tract III uses. The nursery, garden shop, or plant sales use may only operate betweenthe hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday, and on Sunday between 10:00a.m. and 5:00 p.m. Deliveries to and from the nursery, garden shop, or plant sales use may onlybe made between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday and on Saturdaybetween 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 IIIuses.]”

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 developmentstandards in the Dallas Development Code applicable to an NS Neighborhood Service Districtapply [to all property in Tract III, Tract III(a), and Tract III(b)]. In the event of a conflict, theprovisions of this section control.




(b) Screening.

(1) In general. Screening is required in the rear and side yards of anonresidential 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 Sections51P-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 forbuildings fronting on Davis Street.

(d) ] Signs. Sign must comply with the [The] provisions for non-business zoningdistricts 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 compatiblewith 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 preservethe original architectural style of the building. An alteration to any other type of building must betypical 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 permittedfacade materials. Other facade materials, including glass block and stained glass, may bepermitted as part of a facade treatment that is compatible with the style and architecture of periodcommercial buildings.




(5) Main entrances. The main entrance of a commercial building fronting onDavis 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 thetime of planting. Concrete blocks are not permitted. Natural vegetation must be maintained in ahealthy 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 thestyle and period of the architecture of buildings on the same premise and in this district as awhole. [See Section 51P-87.116(c[d]) for additional standards applicable to signs.]

(9) Windows and doors. Mirrored, opaque, and translucent glasses are notpermitted in a window or door opening.

[(10) Fences. In Tract III(a), fences are permitted in the front and corner sideyard 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 forlandscaping in Tract I apply [to all property in Tract III, Tract III(a), and Tract III(b)]. Fornonresidential 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 thisarticle. 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 arethose main uses permitted in the NS Neighborhood Service District, subject to the sameconditions applicable in the NS Neighborhood Service District, as set out in Chapter 51. Forexample, 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.-- 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 inwhich the main use is permitted. Some specific accessory uses, however, due to their uniquenature, are subject to additional regulations in Section 51-4.217. For more information regardingaccessory 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 theyard, lot, and space regulations in Division 51-4.400. If there is a conflict between this sectionand 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 abovethe maximum structure height, have a maximum horizontal cross section of 5 feet, and may notproject 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 parkingstructures are included in lot coverage calculations; surface parking lots and undergroundparking 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 useregulations in Division 51-4.200 for the specific off-street parking and loading requirements foreach use.

(A) Multiple-family uses. A minimum of one off-street parking spaceper 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 squarefeet of floor area is required.

(ii) If an outdoor dining area, whether covered or not, is within20 feet of, and has direct access to, a street, sidewalk, or publically accessible open space, theoutdoor 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.

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, upto a maximum of two off-street parking spaces per lot.

Applicant

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

Staff

(B) Contributing structures. For residential uses within a contributingstructure, 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 reducedan additional 50 percent.

Applicant

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

(C) Mixed use development parking.

(i) In general. The off-street parking requirement for a mixeduse development may be reduced in accordance with the mixed use development parking chart(Exhibit D).

(ii) Calculation of adjusted standard off-street parkingrequirement. The adjusted off-street parking requirement for a mixed use development iscalculated 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 foreach of the five times of day shown in the mixed use development parking chart by multiplyingthe standard off-street parking requirement for each use by the percentage in the chart assignedto the category of use. If a use in the development does not fall within one of the categoriesshown in the mixed use development parking chart, the percentage assigned to that use is 100percent 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. Thelargest of these five sums is the adjusted off-street parking requirement for the development.

(iii) Minimum parking requirement. If one or more of the mainuses in a mixed use development is a nonresidential use, the minimum parking requirement forthe 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 usedevelopment.

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

(i) An on-street parking space may not be used to reduce therequired for more than one use, except that an on-street parking space may be used to reduce thecombined 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 theamount of time that is available. For example, a parking space that is available to the public onlyeight hours per day will be counted as one-third of the parking space (8 / 24 = 1/3). The totalnumber 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 fromthe use served and the requirements of Division 51-4.320, “Special Parking Regulations,” aremet, including the landscape requirements.

(ii) An agreement authorizing a non-residential or mixed usedevelopment use to utilize remote parking may be based on a lease of the remote parking spacesonly if the lease:

(aa) is in writing;

(bb) contains legal descriptions of the propertiesaffected;

(cc) specifies the special parking being provided and thehours 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 thenon-residential use or mixed use development use and the owner of the remote parking lot shallnotify the city of Dallas in writing if there is a breach of any provision of the lease, or if the leaseis 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 thatwould 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 isrequired 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 mustbe at least six feet in height.

(B) Materials. Except as provided in this paragraph, screening mustconsist of a solid wood fence, masonry fence, or natural vegetation of an evergreen variety of atleast 60 percent density at the time of planting. Natural vegetation must be maintained in ahealthy growing condition at all times. [See Sections 51P-87.114(b) and 51P-87.111(b)(2) formore specific standards regarding fences.]

(12) Signs.

Staff

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

Applicant

(A) In general.

(i) Except as provided in this paragraph, signs must complywith the provisions for business zoning districts in Article VII.




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

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

(i) Except as provided in this section, signs may be locatedwithin 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 BuildingCode, and the requirements of all other applicable laws, codes, ordinances, rules, andregulations.

(ii) The director of public works and transportation mustreview the location of any sign located in or overhanging the right-of-way to ensure that the signwill 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 safetyrequirement of changing traffic conditions, the relocation or removal must be done at theowner’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 wideand 36 inches tall.

(iii) The maximum effective area for each side of an A-framesign is 1,200 square inches.

(iv) An A-frame sign may only be displayed when the businessit identifies is open.

(v) A-frame signs may be located on the sidewalk if aminimum of four feet of unobstructed sidewalk area is provided, and all necessary licenses andpermits 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 anintersection 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 nofurther than 25 feet from street level.

(vii) A blade sign cannot project more than three feet into theright-of-way.

(viii) A blade sign cannot be located closer than 15 feet toanother 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 sixinches, is required.

(dd) A marquee sign may project into a right-of-way butmay not project beyond the edge of curb.

(ee) A marquee sign may have a maximum of threefaces, 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 architecturallycompatible 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 mustpreserve 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 themain building in style and color.

(D) Facade materials. All facade treatments and materials must betypical of the style and period of the building. Wood, brick, ceramic tile, stone, and stucco arepermitted facade materials. Other facade materials, including glass block and stained glass, maybe 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 existingperiod 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 thetime of planting. Concrete blocks are not permitted. Natural vegetation must be maintained in ahealthy 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 betypical of the style and period of the architecture of buildings on the same premise and in thisdistrict as a whole. [See Section 51P-87.116(d) for additional standards applicable to signs.]

(I) Windows and doors. Mirrored, opaque, and translucent glasses arenot permitted in a window or door opening.

(2) Landscaping. Except as otherwise provided in this paragraph, thepreservation 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)


(A) Additions. All additions to a building must be architecturallycompatible 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 mustpreserve 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 themain building in style and color.

(D) Facade materials. All facade treatments and materials must betypical of the style and period of the building. Wood, brick, ceramic tile, stone, and stucco arepermitted facade materials. Other facade materials, including glass block and stained glass, maybe 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 buildingfronting 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 thetime 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 architecturalfeatures of a building. The shape, design, materials, color, and letter style of signs should betypical of the style and period of the architecture of buildings on the same premise and in thisdistrict as a whole. [See Section 51P-87.116(d) for additional standards applicable to signs.]

(I) Windows and doors. Mirrored, opaque, and translucent glasses arenot 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 preservationcriteria for landscaping in Tract I. For nonresidential uses only:

(A) asphaltic concrete is permitted as a driveway or parking surfacematerial; and

(B) driveways may have a maximum width of 25 feet.

(d) Tract IV(d).


(A) Accessory buildings. Accessory buildings are only permitted in therear yard and must be compatible with the scale, shape, roof form, materials, detailing, and colorof the main building.

(B) Additions. All additions to a building must be compatible with thedominant horizontal or vertical characteristics, scale, shape, roof form, materials, detailing, andcolor of the building.

(C) Architectural detail. Materials, colors, structural and decorativeelements, 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 permittedon 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 toadversely affect the rhythm of spaces between buildings on the blockface.

(F) Building widths. Minimum permitted widths for main buildingsare:

(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 andperiod of the main building. Chimneys on the front 50 percent of a main building or on a cornerside facade must be:

(i) constructed of brick, stucco, natural stone, or othermaterials 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 andperiod of the main building.

(H) Color.

(i) Brick surfaces. Brick surfaces not previously painted mustnot be painted unless the applicant establishes that:

(aa) the painting is absolutely necessary to restore orpreserve the brick; or

(bb) the color and texture of replacement brick cannot bematched with that of the existing brick surface.

(ii) Certain colors prohibited. Fluorescent and metallic colorsare not permitted on the exterior of any structure in this district.

(iii) Dominant and trim colors. All structures must have adominant color and no more than two trim colors. The colors of a structure must becomplementary of each other and the overall character of this district.

(iv) Gutters and downspouts. Gutters and downspouts must beof a color that matches or complements the color scheme of the structure.

(v) Roof colors. Roof colors must complement the style andoverall color scheme of the structure.




(vi) Stain. The use and color of stain must be typical of thestyle and period of the structure.

(I) Columns.

(i) Function. Columns are only permitted as vertical supportsnear 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 andperiod 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 thestyle and period of the main building.

(ii) Brick. All exposed brick on facades must be fired brick asdefined by the American Standard Testing Materials Designation C-1267-5A, Type Grade FBS-SW.

(iii) Wood facades. Existing wood facades must be preserved aswood facades. Wood shingles are not permitted as a primary facade material, but may be used inroof gables and on columns and foundation skirts in a matter that is typical of the style andperiod of the main building.

(K) Front entrances and porches.

(i) Detailing. Railings, moldings, tile work, carvings, andother 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 anyfacade openings in the main building.

(iv) Floor coverings. Carpeting is not permitted as a porch flooror step covering.

(v) Style. Each main building must have a front porch or entrytreatment 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 verticalcharacteristics of the main building.

(L) Garages. Doors on garages attached to the main building may notface the street.

(M) Porte cocheres. Porte cocheres must be preserved as architecturalfeatures 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 mainbuilding must be within 10 percent of the eaves or soffit height of the closest main building inthis district of a similar style and having the same number of stories.

(ii) Materials and colors. Roof materials and colors mustcomplement the style and overall color scheme of the structure. Tar and gravel (built-up) is onlypermitted as a roof material on covered porches and porte cocheres with flat roofs.

(iii) Overhang. Minimum permitted roof overhang for a new ormove-in main building is 18 inches. A replacement roof on an existing building must have anoverhang that is equal to or greater than the overhang of the roof it replaces.

(iv) Patterns. Roof patterns of a main building must be typicalof 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 mainbuilding on an interior lot;

(BB) the rear inside quadrant of the roof of a mainbuilding 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 thearchitecture of the building, blockface, or this district a whole.

(vi) Slope and pitch. The degree and direction of roof slope andpitch must be typical of the style and period of the main building and compatible with existingbuilding forms in this district. Flat or Mansard roof designs are not permitted on main oraccessory buildings or structures, except that a covered porch or porte cochere may have a flatroof that is typical of the style and period of the main building.

(M) Signs. Signs must not obscure significant architectural features of abuilding. 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 inthis 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 permittedon accessory buildings and the rear 50 percent of the main building, except that they are notpermitted on a corner side facade.

(O) Windows and doors.

(i) Front facade openings. The total number of window anddoor openings (combined) in the front facade of the main building must be equal to or greaterthan the total number of original window and door openings (combined) in that facade. Thenumber of door openings in the front facade of the main building must not be increased. Eachstory of a front facade of the main building must contain at least two windows or one windowand a door.

(ii) Glass. Clear, decorative stained, and clear leaded glass maybe permitted in any window opening, except that decorative stained glass is not permitted in afront door. Reflective, tinted, opaque, and mirrored glass and plastic are not permitted in anyopening. Translucent glass is not permitted, except in a bathroom window.

(iii) Screens, storm doors, and storm windows. Screens, stormdoors, and storm windows may be permitted if:

(aa) their frames are painted or colored to match orcomplement the color scheme of the main building; and

(bb) they do not obscure significant features of thewindows and doors they cover.




(iv) Security and ornamental bars. Security and ornamental barsare 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 themain building must be proportionally balanced in a manner typical of the style and period of thebuilding.

(bb) No single, fixed plate glass is allowed except as partof an original period design. The size and proportion of window and door openings located onthe front and side facades of the main building must be typical of the style and period of thebuilding.

(cc) All windows, doors, and lights in the front and sidefacades of the main building must be typical of the style and period of the building. Windowsmust 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 amanner typical of the style and period of the building.

(2) Landscaping.

(A) Certain items prohibited in front and corner side yards. Thefollowing 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 avertical position.

(bb) The top edge of a fence must be along a line that iseither 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 fencespermitted 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 tallerfence is needed to satisfy screening requirements for parking in front of nonresidential uses.

(bb) A fence in an interior side yard must be located inthe 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 itdetermines that the fence does not screen all or any portion of a significant architectural featureof a main building on the same or an adjacent lot.

(cc) A fence in the corner side yard must not be directlyin front of the corner side facade, except that the commission may allow a fence that is directlyin front of all or any portion of the rear 50 percent of the corner side facade if:

(AA) more screening is necessary to insureprivacy due to unusually high pedestrian or vehicular traffic; and

(BB) the fence does not screen all or any portionof a significant architectural feature of the main building.

(CC) A fence in the corner side yard must be setback a minimum of two feet from a public sidewalk.

(DD) A fence must run either parallel orperpendicular to a building wall or lot line.

(EE) A fence on a vacant lot must be set back adistance that is equal to or greater than the setback of the front facade of the closest mainbuilding in the same blockface. In the case of a single interior vacant lot, the setback of the fencemust be equal to or greater than the setback of the front facade of the main building on theadjacent 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 twofeet 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 mustmatch the masonry and mortar joints of the main building as nearly as practicable.

(bb) All exposed brick in a fence column or base mustbe 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 orcolored, the color must be black, dark green, or dark brown and complement the color of themain building.

(vii) Wooden fences.

(aa) All wooden structural posts must be at least fourinches in diameter (nominal size).

(bb) The side of a wooden fence facing a public streetmust be the finished side.

(cc) Wooden fences may be painted or stained a colorthat is complementary to the main building.

(C) Foundation plantings. Foundation plantings may not:

(i) screen significant architectural features of the mainbuilding; or

(ii) exceed two feet in height above the finished porch floorelevation unless they are part of an overall landscape plan approved by the commission.

(D) Outdoor lighting. Outdoor light fixtures must be compatible withthe style and period of the main building and not obscure or conflict with significantarchitectural details of the building. Overhead and exposed wiring and conduit for outdoorlighting is not permitted.




(E) Parkway plantings. Only grass, trees, and flowers are permitted inthe 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 maynot comprise more than 50 percent of the parkway area.

(F) Pavement, filler, and edging materials. Pavement and filler andedging materials, such as landscape timbers, gravel, and bark, used in landscape beds in the frontand 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 frontand corner side yards. No more than 50 percent of the front yard of a residential use may becovered 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-finishedconcrete 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 andside yards, except to preserve a natural or existing slope, or to make a slope similar to that of anadjacent lot. The height of a retaining wall may not exceed the height of the slope it retains. Aretaining wall must be constructed of unpainted natural stone, brick, stucco, or smooth-finishedconcrete 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 artificiallycolored concrete or epoxy resin is permitted as a sidewalk, driveway, or curbing material.

(bb) All public sidewalks and curbing must beconstructed of brush finish concrete.

(cc) All private sidewalks and driveways must beconstructed of concrete, gravel, or brick that matches or is compatible in texture, color, and stylewith the main building.

(ii) Width, style, and spacing.




(aa) The maximum permitted width of a driveway in thefront yard is 10 feet. The driveway width may be expanded to 20 feet at any point behind thefront 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 frontyard.

(dd) A driveway constructed in the front yard must bespaced a minimum of one foot from an existing driveway on an adjacent lot.”

Documents

Proposed Davis-Bishop Zoning Ordinance