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ARTICLE 767. PD 767. SEC. 51P-767.101. LEGISLATIVE HISTORY. PD 767 was established by Ordinance No. 26984, passed by the Dallas City Council on October 24, 2007. (Ord. 26984) SEC. 51P-767.102. PROPERTY LOCATION AND SIZE. PD 767 is established on property located on the east line of Jim Miller Road, south of C.F. Hawn Freeway. The size of PD 767 is approximately 2.57 acres. (Ord. 26984) SEC. 51P-767.103. DEFINITIONS AND INTERPRETATIONS. Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article. In this article: (1) 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. (2) MASSAGE ESTABLISHMENT means any building, room, place, or establishment, other than a regularly licensed hospital, where manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed physician or chiropractor whether with or without the use of mechanical, therapeutic, or bathing devices, and includes Turkish bathhouses. This term does not include duly licensed beauty parlors or barbershops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operated only under the physician's direction. MASSAGE means any process consisting of kneading, rubbing, or otherwise manipulating the skin of the body of a human being, either with the hand or by means of electrical instruments or apparatus, or other special apparatus, but does not include massage by duly licensed physicians and chiropractors, and registered physical therapists who treat only patients recommended by a licensed physician and who operate only under such physician's direction, or massage of the face practiced by beauty parlors or barbershops duly licensed under the penal code of the state. (3) 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. (b) Unless otherwise stated, all references to articles, divisions, or sections in this article are to articles, divisions, or sections in Chapter 51A. (c) Tract 1 is considered to be a nonresidential zoning district. Tract 2 is considered to be a residential zoning district. (Ord. 26984) SEC. 51P-767.104. EXHIBITS. The following exhibits are incorporated into this article:

(1) Exhibit 767A: Tract 2 conceptual plan. (2) Exhibit 767B: Tract 1 development plan. (Ord. 26984) SEC.51P-767.105. CONCEPTUAL PLAN. No conceptual plan is required for Tract 1. (b) Development and use of Tract 2 must comply with the conceptual plan (Exhibit 767A). If there is a conflict between the text of this article and the conceptual plan, the text of this article controls. (Ord. 26984) SEC. 51P-767.106. DEVELOPMENT PLAN. For residential uses in Tracts 1 and 2, a final plat may serve as the development plan. (b) For nonresidential uses in Tract 1, development and use of the Property must comply with the development plan (Exhibit 767B). (c) For nonresidential uses in Tract 2, a development plan must be approved by the city plan commission before the issuance of any building permit to authorize work in this tract. (d) If there is a conflict between the text of this article and a development plan, the text of this article controls. (Ord. 26984) SEC. 51P-767.107. MAIN USES PERMITTED. Tract 1. The following uses are the only main uses permitted: (1) Agricultural uses. -- Crop production. (2) Commercial and business service uses. -- Building repair and maintenance shop. [RAR] -- Catering service. -- Custom business services. -- Electronics service center. (3) Industrial uses. (4) Institutional and community service uses. -- Adult day care facility. -- Child-care facility. [SUP] -- Church. -- Community service center. [SUP]

-- Library, art gallery, or museum. -- Public or private school. [SUP] (5) Lodging uses. (6) Miscellaneous uses. -- Temporary construction or sales office. (7) Office uses. -- Financial institution without drive-in window. -- Financial institution with drive-in window. [SUP] -- Medical clinic or ambulatory surgical center. -- Office. (8) Recreation uses. -- Public park, playground, or golf course. (9) Residential uses. -- Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(3.1) is not met.] -- Single family. (10) Retail and personal service uses. -- Ambulance service. [RAR] -- Animal shelter or clinic without outside runs. [RAR] -- Business school. -- 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. -- Home improvement center, lumber, brick, or building materials sales yard. [DIR] -- Household equipment and appliance repair. -- Personal service uses. [Body piercing studio, massage establishment, and tattoo studio are prohibited.] -- Restaurant without drive-in or drive-through service. [RAR] -- Temporary retail use. -- Theater. (11) Transportation uses. -- Transit passenger shelter. (12) Utility and public service uses. -- Commercial radio and television transmitting station.

-- Electric substation. [SUP] -- Local utilities. [Local utilities by right. Communication exchange facility by SUP.] -- Police or fire station. [SUP] -- Post office. [SUP] -- Radio, television, or microwave tower. [SUP] -- Tower/antenna for cellular communication. [Treat as if in a CR district.] -- Utility or government installation other than listed. [SUP] (13) Wholesale, distribution, and storage uses. (b) Tract 2. The following uses are the only main uses permitted: (1) Agricultural uses. (2) Commercial and business service uses. (3) Industrial uses. (4) Institutional and community service uses. -- Child-care facility. [SUP] -- Church. -- Community service center. [SUP] -- Library, art gallery, or museum. [SUP] -- Public or private school. [SUP] (5) Lodging uses. (6) Miscellaneous uses. -- Temporary construction or sales office. (7) Office uses. (8) Recreation uses. -- Private recreation center, club, or area. [SUP] -- Public park, playground, or golf course. (9) Residential uses.

-- Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(3.1) is not met.] -- Single family. (10) Retail and personal service uses. (11) Transportation uses. -- Private street or alley. [SUP] -- Transit passenger shelter. -- Transit passenger station or transfer center. [SUP] (12) Utility and public service uses. -- Electrical substation. [SUP] -- Local utilities. [SUP or RAR may be required. See Section 51A- 4.212(4).] -- Police or fire station. [SUP] -- Radio, television, or microwave tower. [SUP] -- Tower/antenna for cellular communication. [SUP. Treat as if a residential district.] -- Utility or government installation other than listed. [SUP] (13) Wholesale, distribution, and storage uses. (Ord. 26984) -- Recycling drop-off container. [SUP required if the requirements of Section 51A-4.213(11.2)(E) are not satisfied.] -- Recycling drop-off for special occasion collection. [SUP required if the requirements of Section 51A-4.213(11.2)(E) are not satisfied.] SEC. 51P-767.108. ACCESSORY USES. As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A- 4.217. (b) (Ord. 26984) The following accessory uses are not permitted: -- Accessory communication tower. -- Accessory community center (private). -- Accessory helistop. -- Accessory medical/infectious waste incinerator. -- Accessory pathological waste incinerator. -- General waste incinerator. -- Home occupation. -- Private stable.

SEC. 51P-767.109. 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-4.400. If there is a conflict between this section and Division 51A- 4.400, this section controls.) (b) Front yard. Minimum front yard is 15 feet. Side and rear yard. (1) For single family uses in a shared access development, minimum side yard is 10 feet, and minimum rear yard is five feet. (2) For other single family development, minimum side and rear yard is five feet. feet. (3) For all other uses, minimum side yard is 10 feet, and minimum rear yard is 15 (c) Density. (1) Tract 1. Maximum dwelling unit density is eight units per acre. (2) Tract 2. Maximum number of dwelling units is 18. (d) Floor area ratio. (1) For residential uses, no maximum floor area ratio. (2) For all nonresidential uses combined, maximum floor area ratio is 0.5. (e) Height. (1) For residential structures, maximum structure height is 30 feet. (2) For nonresidential structures, maximum structure height is 35 feet. (f) Lot coverage. (1) For single family uses in a shared access development, maximum lot coverage is 65 percent. For the purposes of calculating lot coverage, a shared access development is considered a single lot. (2) For other single family development, maximum lot coverage is 45 percent. (3) For nonresidential uses, maximum lot coverage is 40 percent. Aboveground parking structures are included in lot coverage calculations; surface parking lots and underground parking structures are not. (g) Lot size. (1) For single family uses, minimum lot size is 2,000 square feet. (2) For nonresidential uses, no minimum lot size.

(h) Stories. Maximum number of stories above grade is four. Parking garages are exempt from this requirement, but must comply with the height regulations of Subsection (e). (Ord. 26984) SEC. 51P-767.110. OFF-STREET PARKING AND LOADING. Consult the use regulations in Division 51A-4.200 for the specific off-street parking and loading requirements for each use. (b) For single family uses, required off-street parking is permitted within the front yard. (c) Garages must be equipped with automatic garage door openers with a backup power source in the event of disruption of local utilities. (d) Except in the area shown on the conceptual plan, off-street parking is prohibited in a shared access area. Off-street parking is prohibited on private streets. (Ord. 26984) SEC. 51P-767.111. ENVIRONMENTAL PERFORMANCE STANDARDS. See Article VI. (Ord. 26984) SEC. 51P-767.112. LANDSCAPING. Article X. Except as provided in Subsection (b), landscaping must be provided in accordance with (b) Site trees must have a minimum caliper of three inches. Street trees must have a minimum caliper of four inches. (c) Plant materials must be maintained in a healthy, growing condition. (Ord. 26984) SEC. 51P-767.113. SIGNS. VII. Tract 1. Signs must comply with the provisions for business zoning districts in Article (b) Tract 2. Signs must comply with the provisions for non-business zoning districts in Article VII. (Ord. 26984) SEC. 51P-767.114. ADDITIONAL PROVISIONS. The Property must be properly maintained in a state of good repair and neat appearance. (b) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. (c) A site plan must be submitted and approved in accordance with the requirements of Section 51A-4.803 before an application is made for a permit for work in this district if the estimated trip

generation for all uses on the lot collectively is equal to or greater than 6,000 trips per day and 500 trips per acre per day. See Table 1 in Section 51A-4.803 to calculate estimated trip generation. (d) For nonresidential uses, trash dumpsters may not be located within 30 feet of a residential district. (Ord. 26984) SEC. 51P-767.115. COMPLIANCE WITH CONDITIONS. All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. (b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, in this district 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. 26984) SEC. 51P-767.116. ZONING MAP. PD 767 is located on Zoning Map No. M-10. (Ord. 26984)