ARTICLE 851. PD 851. PD 851 was established by Ordinance No , passed by the Dallas City Council on June 8, (Ord.

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1 ARTICLE 851. PD 851. SEC. 51P LEGISLATIVE HISTORY. PD 851 was established by Ordinance No , passed by the Dallas City Council on June 8, (Ord ) SEC. 51P PROPERTY LOCATION AND SIZE. PD 851 is established on property located at 4235 W. Northwest Highway, approximately feet west of the northwest corner of Northwest Highway and Midway Road. The size of PD 851 is approximately 1.77 acres. (Ord ) SEC. 51P DEFINITIONS AND INTERPRETATIONS. article. (a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. In this district: (1) AUTO PARTS STORE means a facility that sells new or used automobile parts, tires, or other auto accessories to repair or maintain vehicles. (2) BODY PIERCING STUDIO means a facility in which body piercing is performed. BODY PIERCING means the creation of an opening in an individual s body, other than in an individual s earlobe, to insert jewelry or another decoration. (3) SURGICAL CARE FACILITY means a facility for the surgical treatment of patients with medical, dental, or optical problems on an out-patient basis. (4) TATTOO STUDIO means an establishment in which tattooing is performed. TATTOOING means the practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment. This district is considered to be a nonresidential zoning district. (Ord ) SEC. 51P EXHIBITS. The following exhibits are incorporated into this article: (1) Exhibit 851A: development plan. (2) Exhibit 851B: front and side elevation plan. (Ord )

2 SEC. 51P DEVELOPMENT PLAN. (a) Development and use of the Property must comply with the development plan (Exhibit 851A). If there is a conflict between the text of this article and the development plan, the text of this article controls. (b) Building permits for proposed structures must comply with the front and side elevation plan (Exhibit 851B). (Ord ) SEC. 51P MAIN USES PERMITTED. (a) Except as provided in this section, the only main uses permitted are those main uses permitted in the TH-1(A) Townhouse District, subject to the same conditions applicable in the TH-1(A) Townhouse District, as set out in Chapter 51A. For example, a use permitted in the TH-1(A) Townhouse 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 TH-1(A) Townhouse District is subject to DIR in this district; etc. (b) The following additional main uses are permitted by right: -- Catering service. -- Custom business services. -- Dry cleaning or laundry store. -- Financial institution with drive-in window. -- Financial institution without drive-in window. -- Furniture store. -- General merchandise or food store 3,500 square feet or less. -- General merchandise or food store greater than 3,500 square feet. -- Library, art gallery, or museum. -- Medical clinic or ambulatory surgical center. -- Office. -- Personal service uses. -- Restaurant without drive-in or drive-through service. -- Private street or alley. (Ord ) The following main uses are prohibited: -- Adult day care facility. -- Auto parts store. -- Alternative financial establishment. -- Body piercing studio. -- Surgical care facility. -- Tattoo studio.

3 SEC. 51P ACCESSORY USES. (a) As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A For more information regarding accessory uses, consult Section 51A (b) The following accessory use is permitted subject to conditions: -- Accessory outside sales. [Merchandise for an accessory outside sales use is only permitted in the front yard of the use and is limited to an area that is a maximum of 150 square feet.] (Ord ) The following accessory uses are prohibited: -- Accessory adult day care facility. -- Accessory auto parts store. -- Accessory helistop. -- Accessory medical/infectious waste incinerator. -- Accessory pathological waste incinerator. -- Accessory restaurant with drive-in window. -- Accessory restaurant without drive-in window. -- Amateur communication tower. -- General waste incinerator. -- Private stable. -- Pedestrian skybridge. SEC. 51P YARD, LOT, AND SPACE REGULATIONS. (Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Division 51A If there is a conflict between this section and Division 51A-4.400, this section controls.) (a) In general. Except as provided in this section, the yard, lot, and space regulations for the TH-1(A) Townhouse District apply. (b) Front yard. Except single family uses, minimum front yard setback is 60 feet. Side and rear yard. (1) Except single family uses, minimum side yard is 15 feet. (2) Except single family uses, minimum rear yard is 40 feet.

4 (d) Floor area. (1) For catering service and restaurant uses, maximum floor area is 5,000 square feet. A delicatessen within a general merchandise or food store 3,500 square feet or less use or within a general merchandise or food store greater than 3,500 square feet use is to be considered a restaurant use and counts toward the maximum restaurant floor area. (2) The total maximum floor area for all nonresidential uses is 15,000 square feet. (e) Height. (1) For nonresidential uses, maximum structure height is 26 feet. (2) Mechanical equipment may project a maximum of six feet above the maximum structure height and must be screened with materials similar to the main structure. (3) A parapet wall may project a maximum of 12 feet above the maximum structure height to screen mechanical equipment. (f) Lot coverage. Maximum lot coverage is 35 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not. (Ord ) SEC. 51P OFF-STREET PARKING AND LOADING. (a) Except as provided in this section, consult the use regulations in Division 51A for the specific off-street parking and loading requirements for each use. (b) For a general merchandise or food store 3,500 square foot or less use or a general merchandise or food store greater than 3,500 square feet use, one off-street parking space per 225 square feet is required. (d) For a furniture store use, one off-street parking space per 550 square feet is required. For an office use, one off-street parking space per 380 square feet is required. (e) For off-street parking spaces located north of the rear facade, parking is prohibited during the hours between 7:00 p.m. and 6:00 a.m., Monday through Sunday. These parking hours do not apply to tenants and employees. (f) Off-street parking spaces are not required for the first 300 square feet of a covered outdoor seating area. (Ord ) SEC. 51P ENVIRONMENTAL PERFORMANCE STANDARDS. See Article VI. (Ord )

5 SEC. 51P LANDSCAPING. (a) Landscaping must be provided in accordance with Article X. (b) Plant materials must be maintained in a healthy, growing condition. (Ord ) SEC. 51P SIGNS. (a) Except as provided in this section, signs must comply with the provisions for business zoning districts in Article VII. (b) Signs may be illuminated only during the hours of operation of the use. (Ord ) SEC. 51P SCREENING AND FENCING. (a) must include: For nonresidential uses, screening must be provided along the north property line and (1) a ten-foot-high solid masonry wall within five feet of the north property line; and (2) live oak trees with a minimum caliper of six inches, planted 20 feet on center, and spaced an appropriate distance to the south of the solid masonry wall. (b) Evergreen plant materials recommended for local use by the building official with a minimum height of three feet at the time of planting and planted 20 feet on center must be provided along the parking lot abutting Northwest Highway. (Ord ) SEC. 51P ADDITIONAL PROVISIONS. (a) The Property must be properly maintained in a state of good repair and neat appearance. (b) Development and use of the Property must comply with all federal and state laws and regulations, and with all of the ordinances, rules, and regulations of the city. Dumpsters must be screened with red brick and other materials similar to the main structure on at least three sides. Gate access must be provided on one side of the dumpster enclosure. The dumpster may not be located within 60 feet of the north property line or behind the rear facade of a building. Friday. (d) Trash pick-up is limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through (e) For nonresidential uses, the hours of operation are limited to between 7:00 a.m. and 9:00 p.m., Monday through Sunday. These hours of operation do not apply to employees of office uses.

6 (f) Deliveries for dry cleaning or laundry store, furniture store, general merchandise or food store 3,500 square feet or less, general merchandise or food store greater than 3,500 square feet, personal service uses, restaurant uses, and catering service uses are limited to the hours between 7:00 a.m. and 9:00 p.m., Monday through Friday. (g) Notice of a change of zoning, minor amendments to the development plan, or other changes require written notification to the Wilada Drive Neighborhood Alliance. Notification should be sent care of Jay Narey, 4488 Wilada Drive, Dallas, Texas, and Don Coburn, 4153 Wilada Drive, Dallas, Texas. (h) Exterior mounted lighting is not permitted on the rear facade of the main structure. (i) Lighting poles may not exceed 18 feet in height and must have lighting shields to prevent overflow of lighting into residential areas. (j) Signage must be provided on the east and west side of the building and in the rear of the Property stating that, except for tenants and employees, parking in the rear of the Property is permitted only during the hours of operation and that violators will be towed at their own expense. facade ) (k) (l) A restaurant use may only provide outdoor seating in front of the southernmost building Outdoor play areas are prohibited for all uses except residential and church uses. (Ord. SEC. 51P COMPLIANCE WITH CONDITIONS. (a) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. All improvements and maintenance are the responsibility of the owner. (b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city. (Ord )