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    May 20, 2010 CPC Recommended Ordinance

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

    ORDINANCE NO. __________________

    An ordinance changing the zoning classification on the following property:

    BEING both sides of Davis Street between North Plymouth Road to North Zang Boulevard,

    from a[n] District to Planned Development District No. (the Davis Street Special

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

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

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

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

    an effective date.

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

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

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

    property described in this ordinance; and

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

    development district; Now, Therefore,

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

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

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

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

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    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. [Note: CPC recommendation was to exclude propertycurrently zoned PD-768 and the two lots located at the southwest corner of Malborough Ave andDavis St. from the area being proposed for rezoning]

    SEC. 51P- .103. CREATION OF SUBDISTRICTS.

    (a) This district is divided into the following subdistricts:

    (1) Subdistrict 1: Bishop Avenue.

    (2) Subdistict 2: Bishop Arts Conservation. (See Bishop Eighth ConservationDistrict (CD-7)

    (3) Subdistrict 3: East Garden District.

    (4) Subdistrict 4: Kidd Springs Park.

    (5) Subdistrict 5: Kings Highway Gateway.

    (6) Subdistrict 6: Davis Corridor.

    (7) Subdistrict 7: Winnetka Heights Village.

    (8) Subdistrict 8: West Garden District.

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    (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 in

    Exhibit ___B, the verbal description in Exhibit ____B controls.

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

    SEC. 51P- .104. DEFINITIONS.

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

    (1) A-FRAME SIGN means a portable detached premise sign that is hinged at

    the top and is made of durable, rigid materials such as wood, plastic, or metal.

    (2) ANTIQUE SHOP means an establishment for the retail sale of 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.

    (3.1) ATTIC STORY means that portion of a building between the top floor andthe ceiling above it that is located within a roof structure.

    (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 individuals body, otherthan in an individuals earlobe, to insert jewelry or another decoration.

    (7) BOUTIQUE HOTEL means a lodging facility with 30 or fewer guestrooms that are rented to occupants on a daily basis for not more than 14 consecutive days,provides food that is prepared on-site, and that provides primarily internal-entry guest rooms.

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

    (9) MAJOR MODIFICATION means reconstruction, alteration, or renovation

    of an original building that exceeds 50 percent of the value of the original building assessed bythe Dallas Central Appraisal District or any increase in the floor area of an original building ifthe expansion is over 50 percent for nonresidential projects, over 65 percent for mixed useprojects, and over 75 percent for residential projects.

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

    (12) MIXED USE DEVELOPMENT means a development that has bothresidential and nonresidential uses on the same building site.

    (11) MIXED USE RESIDENTIAL PROJECT (MURP) means a developmentthat includes a street-level nonresidential use with hours of operation that are limited to 7:30 a.m.through 630 p.m., Monday through Saturday, and that has only residential uses only above streetlevel.

    (12) OPEN SPACE means an area that is open to public for at least eight hourseach day, limited to pedestrians, and is at least 80 percent open to the sky, a contiguous area ofnot less than 15 feet in width and 25 feet in length, and with a minimum of 25 percent of suchopen space area being landscaped with turf, ground cover, shrubs, trees, seasonal plantings, or acombination of these plant materials.

    CPC Recommendation

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

    Staff Recommendation

    (13) REMOTE SURFACE PARKING LOT means a passenger vehicle surfaceparking lot that is subject to remote parking agreements and may have parking spaces in excess

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

    (14) RETAIL-RELATED USES means any of the following:

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

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

    (15) TATTOO STUDIO means an establishment in which tattooing is

    performed. TATTOOING means the practice of producing an indelible mark or figure on thehuman body by scarring or inserting a pigment under the skin using needles, scalpels, or otherrelated equipment.

    (16) TRANSPARENCY means the total area of windows and door openingswith glass that is a percentage of the total facade area by story.

    SEC. 51P- .105. INTERPRETATIONS.

    (a) Unless otherwise stated, all references to articles, divisions, or sections in 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 meansresidential 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.

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    SEC. 51P- .106. EXHIBITS.

    The following exhibits are incorporated into this article:

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

    SEC. 51P-714.107. CONCEPTUAL PLAN.

    (a) There is no conceptual plan for this district.

    (b) The Bishop/Davis Land Use and Zoning Study should be consulted for goals,

    objectives, policy statements, and recommendations for development of this district.

    SEC. 51P- .108. DEVELOPMENT PLAN.

    No development plan is required, and the provisions of Section 51A-4.702 regardingsubmission of or amendments to a development plan, site analysis plan, conceptual plan, anddevelopment schedule do not apply.

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

    IN SUBDISTRICT NO. 1: BISHOP AVENUE.

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

    (1) Agricultural uses.

    -- Crop production.

    (2) Commercial and business service uses.

    None permitted.

    (3) Industrial uses.

    None permitted.

    (4) Institutional and community service uses.

    -- Church.

    (5) Lodging uses.

    None permitted.

    (6) Miscellaneous uses.

    -- Temporary construction or sales office.

    (7) Office uses.

    -- Office. [Permitted only as part of a MURP.]

    (8) Recreation uses.

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

    (9) Residential uses.

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

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

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    (10) Retail and personal service uses.

    -- Antique store. [Permitted only as part of a MURP.]-- Art gallery. [Permitted only as part of a MURP.] -

    -- Remote surface parking lot. [Permitted only on a lot abutting thelot with the use requiring the parking by remote parkingagreement.]

    (11) Transportation uses.

    -- Transit passenger shelter.

    (12) Utility and public service uses.

    -- Local utilities.

    (13) Wholesale, distribution, and storage uses.

    -- Recycling drop-off container. [SUP required if the requirements ofSection 51A-4.213(11.2)(E) are not satisfied.]

    -- Recycling drop-off for special occasion collection. [SUP requiredif the requirements of Section 51A-4.213(11.3)(E) are not

    satisfied.]

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

    (c) Accessory uses.

    (1) As a general rule, an accessory use is permitted in any subdistrict in whichthe main use is permitted. Some specific accessory uses, however, due to their unique nature, aresubject to additional regulations in Section 51A-4.217, Accessory Uses. For more informationregarding accessory uses, consult Section 51A-4.217.

    (2) The following accessory uses are permitted only by SUP:

    -- Accessory community center (private).

    (3) The following accessory uses are not permitted:

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

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    (d) 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. If there is a conflict between this subsection and Division 51A-4.400, this

    subsection controls.)

    (1) Front yard. Except as provided in this paragraph, minimum front yard is20 feet and maximum front yard is 25 feet. A minimum of 75 percent of the street-facing facademust be located within the area between the minimum and maximum front yard setback. Theremaining street-facing facade (25 percent) is not required to comply with the maximum frontyard setback.

    (2) Side yard.

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

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

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

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

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

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

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

    (6) Height.

    (A) Except as provided in this paragraph, maximum structure height is42 feet.

    Committee ProposalCPC Recommendation

    (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 use

    located outside of this district. Structures listed in Section 51A-4.408(a)(2) 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.

    Staff Recommendation

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

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    (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 propertyzoned for residential uses restricted to a density of less than 12 units per acre and located outsideof the district. An institutional use on a lot of 2 acres or greater shall not trigger a residentialproximity slope.with a single family use. Structures listed in Section 51A-4.408(a)(2) may

    project through the residential proximity slope to a height not to exceed the maximum structureheight, or 12 feet above the residential proximity slope, whichever is less, provided theprojections violate no more than 20 percent of the plane of the proximity slope above the footprint of the structure

    (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. Structures listed in Section 51A-4.408(a)(2) 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, provided the projections violate no morethan 20 percent of the plane of the proximity slope above the foot print of the structure.

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

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

    (9) Lot width. Maximum lot width is 150 feet.

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

    (e) Offstreet parking and loading. See Section 51P-____.117, Off-Street Parkingand Loading.

    (f) Environmental performance standards. See Section 51P-____.118,Environmental Performance Standards.

    (g) Landscape regulations. See Section 51P-____.119, Landscaping.

    (h) Sign regulations. See Section 51P-____.120, Signs.

    (i) Architectural design standards.

    (1) Except as modified in this subsection, see Section 51P-____.121,Architectural design standards.

    (2) For structures with street facing facades exceeding 50 feet in length musthave changes in plane, such as an offset, reveal, recess, or projection. Changes in plane musthave awidth of no less than 24 inches and depth of at least eight inches.

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

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    SEC. 51P-714.110. USE REGULATIONS AND DEVELOPMENT STANDARDS

    IN SUBDISTRICT NO. 2: BISHOP ARTS

    CONSERVATION.

    NOTE: Property will remain in CD 7, the Bishop Arts Conservation District and all

    architectural requirements will remain. A detailed ordinance amending CD 7 is provided.

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    SEC. 51P-714.111. USE REGULATIONS AND DEVELOPMENT STANDARDS

    IN SUBDISTRICT NO. 3: EAST GARDEN DISTRICT.

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

    (1) Agricultural uses.

    -- Crop production.

    (2) Commercial and business service uses. [Permitted only on lots frontingon Bishop Avenue or Zang Boulevard.]

    -- Catering.-- Custom business services.

    (3) Industrial uses.

    None permitted.

    (4) Institutional and community service uses.

    -- Church.-- Child care facility.

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

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

    (6) Miscellaneous uses.

    -- Temporary construction or sales office.

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

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

    (8) Recreation uses.

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

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    (9) Residential uses.

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

    component of Section 51A-4.209(b)(3.1) is not met.]

    -- Multifamily.-- Retirement housing.-- Single family.

    (10) Retail and personal service uses. [Permitted only on lots fronting onBishop Avenue or Zang Boulevard.]

    -- Alcoholic beverage establishments. [SUP]-- Antique store.-- Art gallery.-- Dry cleaning or laundry store.

    -- Furniture store.-- General merchandise or food store. [By right if 5,000 square feet offloor area or less; otherwise, by SUP.]

    -- Nursery, garden shop, or plant sales.-- Personal service uses. [Body piercing studios, massage

    establishments, and tattoo studios are prohibited.]

    -- Restaurant without drive-in or drive-through service. [RAR]-- Remote surface parking lot.-- Theater. [SUP]

    (11) Transportation uses.

    -- Transit passenger shelter.

    (12) Utility and public service uses.

    -- Local utilities.

    (13) Wholesale, distribution, and storage uses.

    -- Recycling drop-off container. [SUP required if the requirements ofSection 51A-4.213(11.2)(E) are not satisfied.]

    -- Recycling drop-off for special occasion collection. [SUP required

    if the requirements of Section 51A-4.213(11.3)(E) are notsatisfied.]

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

    (c) Accessory uses.

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    (1) As a general rule, an accessory use is permitted in any subdistrict in whichthe main use is permitted. Some specific accessory uses, however, due to their unique nature, aresubject to additional regulations in Section 51A-4.217, Accessory Uses. For more informationregarding accessory uses, consult Section 51A-4.217.

    (2) The following accessory uses are permitted only by SUP:

    -- Accessory community center (private).

    (3) The following accessory uses are not permitted:

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

    (d) 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. If there is a conflict between this subsection and Division 51A-4.400, thissubsection controls.)

    (1) Front yard. Except as provided in this paragraph, minimum front yard is 0feet and maximum front yard is 10 feet. A minimum of 75 percent of the street-facing facademust be located within the area between the minimum and maximum front yard setback. Theremaining street-facing facade (25 percent) is not required to comply with the maximum frontyard setback.

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

    Minimum rear yard is 10 feet if adjacent to a rear yard in Subarea 8.

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

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

    (6) Height.

    (A) Except as provided in this paragraph, maximum structure height is50 feet.

    Committee Proposal

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

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    Staff Recommendation

    (B) Along Bishop Avenue Zang Boulevard, maximum structure heightis 75 feet.

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

    located above a residential proximity slope.

    (i) From outside of the subarea, the residential proximity slopeis a plane projected upward and outward at a one-to-two rise over run from private propertyzoned for residential uses restricted to a density of less than 12 units per acre and located outsideof the district. An institutional use on a lot of 2 acres or greater shall not trigger a residentialproximity slope.with a single family use. Structures listed in Section 51A-4.408(a)(2) mayproject 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, provided theprojections violate no more than 20 percent of the plane of the proximity slope above the footprint of the structure.

    (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. Structures listed in Section 51A-4.408(a)(2) 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, provided the projections violate no morethan 20 percent of the plane of the proximity slope above the foot print of the structure.

    (7) Lot coverage. Maximum lot coverage is 100 percent. Abovegroundparking structures are included in lot coverage calculations; surface parking lots andunderground parking structures are not.

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

    (9) Lot width. No minimum or maximum lot width is required.

    (10) Stories.

    (A) Except as provided in this paragraph, maximum number of storiesabove grade is four.

    (B) Along Bishop Avenue and Zang Boulevard, maximum number of

    stories above grade is five.

    (e) Offstreet parking and loading. See Section 51P-____.117, Off-Street Parkingand Loading.

    (f) Environmental performance standards. See Section 51P-____.118,Environmental Performance Standards.

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    (g) Landscape regulations. See Section 51P-____.119, Landscaping.

    (h) Sign regulations. See Section 51P-____.120, Signs.

    (i) Architectural design standards. See Section 51P-____.121, Architectural design

    standards.

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

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    SEC. 51P-714.112. USE REGULATIONS AND DEVELOPMENT STANDARDS

    IN SUBDISTRICT NO. 4: KIDD SPRINGS PARK.

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

    (1) Agricultural uses.

    -- Crop production.

    (2) Commercial and business service uses.

    None permitted.

    (3) Industrial uses.

    None permitted.

    (4) Institutional and community service uses.

    -- Church.

    (5) Lodging uses.

    None permitted.

    (6) Miscellaneous uses.

    -- Temporary construction or sales office.

    (7) Recreation uses.

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

    (8) Residential uses.

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

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

    (9) Retail and personal service uses.

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

    (10) Transportation uses.

    -- Transit passenger shelter.(11) Utility and public service uses.

    -- Local utilities.

    (12) Wholesale, distribution, and storage uses.

    -- Recycling drop-off container. [SUP required if the requirements ofSection 51A-4.213(11.2)(E) are not satisfied.]

    -- Recycling drop-off for special occasion collection. [SUP requiredif the requirements of Section 51A-4.213(11.3)(E) are not

    satisfied.]

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

    (c) Accessory uses.

    (1) As a general rule, an accessory use is permitted in any subdistrict in whichthe main use is permitted. Some specific accessory uses, however, due to their unique nature, aresubject to additional regulations in Section 51A-4.217, Accessory Uses. For more informationregarding accessory uses, consult Section 51A-4.217.

    (2) The following accessory uses are permitted only by SUP:

    -- Accessory community center (private).

    (3) The following accessory uses are not permitted:

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

    -- Accessory pathological waste incinerator.

    (d) Yard, lot, and space regulations.

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

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    (1) Front yard.

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

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

    (2) Side yard.

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

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

    (3) Rear yard.

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

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

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

    (5) Floor area ratio. Maximum floor area ratio is 2:1.

    (6) Height.

    (A) Except as provided in this paragraph, maximum structure height is36 feet.

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

    CPC Recommendation

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

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

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    proximity slopewith a single family use. Structures listed in Section 51A-4.408(a)(2) mayproject 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, provided theprojections violate no more than 20 percent of the plane of the proximity slope above the footprint of the structure.

    (ii) A proximity slope only originates fFrom inside of thedistrict from property south of West Canty Street., tThe residential proximity slope is a planeprojected upward and outward at a two-to-one rise over run from private property with adetached single family use. . Structures listed in Section 51A-4.408(a)(2) 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, provided the projections violate no morethan 20 percent of the plane of the proximity slope above the foot print of the structure.

    Committee Proposal

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

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

    Staff Recommendation

    (C) 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 propertyzoned for residential uses restricted to a density of less than 12 units per acre and located outsideof the district. An institutional use on a lot of 2 acres or greater shall not trigger a residentialproximity slope. Structures listed in Section 51A-4.408(a)(2) may project through the residentialproximity slope to a height not to exceed the maximum structure height, or 12 feet above the

    residential proximity slope, whichever is less, provided the projections violate no more than 20percent of the plane of the proximity slope above the foot print of the structure.

    (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. . Structures listed in Section 51A-4.408(a)(2) 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, provided the projections violate no more

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    than 20 percent of the plane of the proximity slope above the foot print of the structure.

    (7) Lot coverage. Maximum lot coverage is 80 percent. Abovegroundparking structures are included in lot coverage calculations; surface parking lots andunderground parking structures are not.

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

    (9) Lot width. No minimum or maximum lot width is required.

    (10) Stories. Maximum number of stories above grade is four.

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

    (f) Environmental performance standards. See Section 51P-____.118,

    Environmental Performance Standards.

    (g) Landscape regulations. See Section 51P-____.119, Landscaping.

    (h) Sign regulations. See Section 51P-____.120, Signs.

    (i) Architectural design standards. See Section 51P-____.121, Architectural designstandards.

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

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    SEC. 51P-714.113. USE REGULATIONS AND DEVELOPMENT STANDARDS

    IN SUBDISTRICT NO. 5: KINGS HIGHWAY GATEWAY.

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

    Highway Conservation District

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

    (1) Agricultural uses.

    -- Crop production.

    (2) Commercial and business service uses.

    -- Catering.-- Custom business services.

    (3) Industrial uses.

    None permitted.

    (4) Institutional and community service uses.

    -- Church.-- Child care facility.

    (5) Lodging uses.

    -- Bed and breakfast.

    (6) Miscellaneous uses.

    -- Temporary construction or sales office.

    (7) Office uses.

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

    (8) Recreation uses.

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

    (9) Residential uses.

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

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

    -- Retirement housing.-- Single family.

    (10) Retail and personal service uses.

    -- Alcoholic beverage establishments. [SUP]-- Antique store.-- Art gallery.-- Dry cleaning or laundry store.-- Furniture store.-- General merchandise or food store. [By right if 50,000 square feet

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

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

    (11) Transportation uses.

    -- Transit passenger shelter.

    (12) Utility and public service uses.

    -- Local utilities.

    (13) Wholesale, distribution, and storage uses.

    -- Recycling drop-off container. [SUP required if the requirements ofSection 51A-4.213(11.2)(E) are not satisfied.]

    -- Recycling drop-off for special occasion collection. [SUP requiredif the requirements of Section 51A-4.213(11.3)(E) are not

    satisfied.]

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

    (c) Accessory uses.

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

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    subject to additional regulations in Section 51A-4.217, Accessory Uses. For more informationregarding accessory uses, consult Section 51A-4.217.

    (2) The following accessory uses are permitted only by SUP:

    -- Accessory community center (private).

    (3) The following accessory uses are not permitted:

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

    (d) Yard, lot, and space regulations.

    (Note: The yard, lot, and space regulations in this subsection must be read

    together with the yard, lot, and space regulations in Division 51A-4.400, Yard, Lot, and SpaceRegulations. If there is a conflict between this subsection and Division 51A-4.400, thissubsection controls.)

    (1) Front yard.

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

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

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

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

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

    (5) Floor area ratio. Maximum floor area ratio is 2:1.

    (6) Height. Maximum structure height is 50 feet.

    (7) Lot coverage. Maximum lot coverage is 80 percent. Abovegroundparking structures are included in lot coverage calculations; surface parking lots andunderground parking structures are not.

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

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    (9) Lot width. No minimum or maximum lot width is required.

    (10) Stories. Maximum number of stories above grade is four.

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

    and Loading.

    (f) Environmental performance standards. See Section 51P-____.118,Environmental Performance Standards.

    (g) Landscape regulations. See Section 51P-____.119, Landscaping.

    (h) Sign regulations. See Section 51P-____.120, Signs.

    (i) Architectural design standards. See Section 51P-____.121, Architectural designstandards.

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

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    SEC. 51P-714.114. USE REGULATIONS AND DEVELOPMENT STANDARDS

    IN SUBDISTRICT NO. 6: DAVIS CORRIDOR.

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

    (1) Agricultural uses.

    -- Crop production.

    (2) Commercial and business service uses.

    -- Catering.-- Custom business services.

    (3) Industrial uses.

    None permitted.

    (4) Institutional and community service uses.

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

    (5) Lodging uses.

    -- Bed and breakfast.

    (6) Miscellaneous uses.

    -- Temporary construction or sales office.

    (7) Office uses.

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

    (8) Recreation uses.

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

    (9) Residential uses.

    -- Duplex.

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

    -- Multifamily.-- Retirement housing.-- Single family.

    (10) Retail and personal service uses.

    -- Alcoholic beverage establishments. [SUP]-- Antique store.-- Art gallery.-- Dry cleaning or laundry store.-- Furniture store.-- General merchandise or food store. [By right if 50,000 square feet

    of floor area or less; otherwise, by SUP.]

    -- Nursery, garden shop, or plant sales.

    -- Personal service uses. [Body piercing studios, massageestablishments, and tattoo studio are prohibited.]-- Restaurant without drive-in or drive-through service. [RAR]-- Remote surface parking lot.-- Theater. [SUP]

    (11) Transportation uses.

    -- Transit passenger shelter.

    (12) Utility and public service uses.

    -- Local utilities.

    (13) Wholesale, distribution, and storage uses.

    -- Recycling drop-off container. [SUP required if the requirements ofSection 51A-4.213(11.2)(E) are not satisfied.]

    -- Recycling drop-off for special occasion collection. [SUP requiredif the requirements of Section 51A-4.213(11.3)(E) are not

    satisfied.]

    (b) Drive-in and drive-through uses. To maintain the urban character and street wall,

    drive-in and drive-through lanes, windows, or services are prohibited.

    (c) Accessory uses.

    (1) As a general rule, an accessory use is permitted in any subdistrict in whichthe main use is permitted. Some specific accessory uses, however, due to their unique nature, aresubject to additional regulations in Section 51A-4.217, Accessory Uses. For more informationregarding accessory uses, consult Section 51A-4.217.

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    (2) The following accessory uses are permitted only by SUP:

    -- Accessory community center (private).

    (3) The following accessory uses are not permitted:

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

    (d) 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. If there is a conflict between this subsection and Division 51A-4.400, this

    subsection controls.)

    (1) Front yard.

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

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

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

    (3) Rear yard.

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

    (B) If adjacent to a single family zoning district, minimum rear yard is10 feet.

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

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

    (6) Height.

    (A) Except as provided in this paragraph, maximum structure height is75 feet.

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    Committee ProposalCPC Recommendation

    (B) South of Davis Street between Hampton Road and RosemontAvenue, maximum structure height is 50 feet

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

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

    Staff Recommendation

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

    Avenue, maximum structure height is 40 feet.

    (C) Any portion of a structure over 30 feet in height may not 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 useoutside of the district. Structures listed in Section 51A-4.408(a)(2) 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, provided the projections violate no morethan 20 percent of the plane of the proximity slope above the foot print of the structure.

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

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

    (A) For properties located south of Davis Street, from Hampton Road toRosemont Avenue, maximum lot coverage is 80 percent.

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

    (9) Lot width. No minimum or maximum lot width is required.

    (10) Stories.

    (A) Except as provided in this paragraph, maximum number of storiesabove grade is five.

    (B) South of Davis Street between Hampton Road and RosemontAvenue, maximum number of stories above grade is four.

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    (e) Offstreet parking and loading. See Section 51P-____.117, Off-Street Parkingand Loading.

    (f) Environmental performance standards. See Section 51P-____.118,Environmental Performance Standards.

    (g) Landscape regulations. See Section 51P-____.119, Landscaping.

    (h) Sign regulations. See Section 51P-____.120, Signs.

    (i) Architectural design standards. See Section 51P-____.121, Architectural designstandards.

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

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    SEC. 51P-714.115. USE REGULATIONS AND DEVELOPMENT STANDARDS

    IN SUBDISTRICT NO. 7: WINNETKA HEIGHTS

    VILLAGE.

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

    Heights Historic District.

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

    (1) Agricultural uses.

    -- Crop production.

    (2) Commercial and business service uses.

    -- Catering.

    (3) Industrial uses.

    None permitted.

    (4) Institutional and community service uses.

    -- Church.-- Child care facility.

    (5) Lodging uses.

    -- Bed and breakfast.

    (6) Miscellaneous uses.

    -- Temporary construction or sales office.

    (7) Office uses.

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

    (8) Recreation uses.

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

    (9) Residential uses.

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

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

    -- Retirement housing.-- Single family.

    (10) Retail and personal service uses.

    -- Antique store.-- Art gallery.-- Dry cleaning or laundry store.-- Furniture store.-- General merchandise or food store. [By right if 5,000 square feet of

    floor area or less; otherwise, by SUP.]

    -- Nursery, garden shop, or plant sales.-- Personal service uses. [Body piercing studios, massageestablishments, and tattoo studios are prohibited.]

    -- Restaurant without drive-in or drive-through service. [RAR]-- Remote surface parking lot.-- Theater. [SUP]

    (11) Transportation uses.

    -- Transit passenger shelter.

    (12) Utility and public service uses.

    -- Local utilities.

    (13) Wholesale, distribution, and storage uses.

    -- Recycling drop-off container. [SUP required if the requirements ofSection 51A-4.213(11.2)(E) are not satisfied.]

    -- Recycling drop-off for special occasion collection. [SUP requiredif the requirements of Section 51A-4.213(11.3)(E) are not

    satisfied.]

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

    (c) Accessory uses.

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

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    subject to additional regulations in Section 51A-4.217, Accessory Uses. For more informationregarding accessory uses, consult Section 51A-4.217.

    (2) The following accessory uses are permitted only by SUP:

    -- Accessory community center (private).

    (3) In this subdistrict, the following accessory uses are not permitted:

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

    (d) Yard, lot, and space regulations.

    (Note: The yard, lot, and space regulations in this subsection must be read

    together with the yard, lot, and space regulations in Division 51A-4.400, Yard, Lot, and SpaceRegulations. If there is a conflict between this subsection and Division 51A-4.400, thissubsection controls.)

    (1) Front yard.

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

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

    (2) Side yard. Minimum side yard is 0

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

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

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

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

    (7) Lot coverage. Maximum lot coverage is 80 percent. Abovegroundparking structures are included in lot coverage calculations; surface parking lots andunderground parking structures are not.

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

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    (9) Lot width. No minimum or maximum lot width is required.

    (10) Stories. Maximum number of stories above grade is three.

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

    and Loading.

    (f) Environmental performance standards. See Section 51P-____.118,Environmental Performance Standards.

    (g) Landscape regulations. See Section 51P-____.119, Landscaping.

    (h) Sign regulations. See Section 51P-____.120, Signs.

    (i) Architectural design standards. See Section 51P-____.121, Architectural designstandards.

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

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    SEC. 51P-714.116. USE REGULATIONS AND DEVELOPMENT STANDARDS

    IN SUBDISTRICT NO. 8: WEST GARDEN DISTRICT.

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

    (1) Agricultural uses.

    -- Crop production.

    (2) Commercial and business service uses.

    None permitted.

    (3) Industrial uses.

    None permitted.

    (4) Institutional and community service uses.

    -- Childcare facility. [Permitted in Subarea 8A only.]-- Church.

    (5) Lodging uses.

    None permitted.

    (6) Miscellaneous uses.

    -- Temporary construction or sales office.

    (7) Office uses.

    -- Financial institution without drive in window. [Permitted inSubarea 8A only.]

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

    -- Office. [Permitted in Subarea 8A only.]

    (8) Recreation uses.

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

    (9) Residential uses.

    -- Duplex.

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

    -- Single family.

    (10) Retail and personal service uses.

    -- Antique store. [Permitted in Subarea 8A only.]-- Art gallery. [Permitted in Subarea 8A only.]-- Dry cleaning or laundry store. [Permitted in Subarea 8A only.]-- General merchandise or food store. [Permitted in Subarea 8A only

    if 5,000 square feet of floor area or less.]

    -- Personal service uses. [Permitted in Subarea 8A only. Body piercing studios, massage establishments, and tattoo studios are

    prohibited.]

    (11) Transportation uses.

    -- Transit passenger shelter.

    (12) Utility and public service uses.

    -- Local utilities.

    (13) Wholesale, distribution, and storage uses.

    -- Recycling drop-off container. [SUP required if the requirements ofSection 51A-4.213(11.2)(E) are not satisfied.]

    -- Recycling drop-off for special occasion collection. [SUP required

    if the requirements of Section 51A-4.213(11.3)(E) are notsatisfied.]

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

    (c) Accessory uses.

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

    subject to additional regulations in Section 51A-4.217, Accessory Uses. For more informationregarding accessory uses, consult Section 51A-4.217.

    (2) The following accessory uses are permitted only by SUP:

    -- Accessory community center (private).

    (3) The following accessory uses are not permitted:

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

    -- Accessory pathological waste incinerator.

    (d) Yard, lot, and space regulations.

    (Note: The yard, lot, and space regulations in this subsection must be readtogether with the yard, lot, and space regulations in Division 51A-4.400, Yard, Lot, and SpaceRegulations. If there is 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 five feet.

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

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

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

    (6) Height. Maximum structure height is 30 feet.

    (7) Lot coverage. Maximum lot coverage is 45 percent. Abovegroundparking structures are included in lot coverage calculations; surface parking lots andunderground parking structures are not.

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

    (9) Lot width. No minimum or maximum is required.

    (10) Stories. Maximum number of stories above grade is two. .

    (e) Offstreet parking and loading. See Section 51P-____.117, Off-Street Parkingand Loading.

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

    (a) In general. Except as provided in this section, 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 required off-street parking spaces per dwelling unit.

    (2) Restaurant use.

    (A) A minimum of one off-street parking space per 125 square feet offloor 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 size

    of 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(a)(2)(A).

    (b) Parking reductions.

    CPC Recommendation

    (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 offivethreeoff-street parking spaces per lot.

    Committee Proposal

    (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 offive off-street parking spaces per lot.

    Staff Recommendation

    (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 oftwo off-street parking spaces per lot.

    (2) Legacy buildings.

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

    Committee ProposalCPC Recommendation

    (B) For retail-related uses or office uses within a legacy building, nooff-street parking is required.

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    Staff Recommendation

    (B) For each street-level retail-related or office use within a legacybuilding that has a separate certificate of occupancy, off-street parking spaces are not requiredfor the first 2,500 square feet of floor area.

    (3) Mixed use development parking.

    (A) In general. The off-street parking requirement for a mixed 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 in

    the mixed use development must be ascertained.

    (ii) The parking demand for each use is determined for each ofthe five times of day shown in the mixed use development parking chart by multiplying thestandard 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 ina 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 usedevelopment.

    (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 striped

    in 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 time

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

    CPC Recommendation

    (a) If the city plan commissionDirector finds that all of the following standards applyto a building within this district, the director is authorized to add the building to the legacy

    building Exhibit ___A attached to this ordinance:

    Staff Recommendation

    (a) If the city plan commission finds that all of the following standards apply to abuilding within this district, the director is authorized to add the building to the legacy buildingExhibit ___A 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 primary street-facing facade of the building is within 10 feet of the

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

    (3) the buildings main entrance faces Davis Street or Bishop Avenue;

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

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

    CPC Recommendation

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

    Staff Recommendation

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

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    SEC. 51P- .118. ENVIRONMENTAL PERFORMANCE STANDARDS.

    See Article VI.

    SEC. 51P- .119. LANDSCAPING.

    (a) In general. Except as provided in this section, landscaping must be provided inaccordance with Article X.

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

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    SEC. 51P- .120. SIGNS.

    (a) In general.

    (1) ,Except as provided in this section, for all facades fronting on Davis

    Street, Bishop Avenue in Subarea 3, Zang Boulevard, 7

    th

    Street in Subarea 6, Hampton Road,and Jefferson Boulevard signs must comply with the provisions for business zoning districts inArticle VII.

    (2) For all other facades, signs must comply with the provisions for the non-business zoning districts in Article VII for all other facades.

    (3) Except for A-frame signs, movement control signs used for parking, andmonument 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 ofChapter 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 ofchanging traffic conditions, the relocation or removal must be done at the owners 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.

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    (5) A-frame signs may be located on the sidewalk if a minimum of four feetof 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 may not project more than three feet into the right-of-way.

    (8) A blade sign may not be located closer than 15 feet to another 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 five feet from the right-of-way.

    (6) The maximum height for a monument signs is four feet.

    (7) The maximum area for a monument signs is 40 square feet.

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    SEC. 51P- .121. ARCHITECTURAL DESIGN STANDARDS.

    (a) Applicability. Architectural design standards only apply to new construction of

    buildings with multifamily, mixed-use, or nonresidential uses in all subareas and newconstruction of single family and duplex uses in Subarea 8 (see Section 51P-____.121(l) forstandards for Subarea 8).

    (b) Purpose.

    (1) These architectural design standards are intended to preserve thehistorical, cultural, andarchitectural importance and significance of the Davis Street and BishopAvenue corridors. This area has historic and cultural importance as an early major east-westthoroughfare in the Dallas metroplexand as the earliest neighborhoods developed in Oak Cliff.The corridor reflects turn of the century development, urban expansion, mid-20th century

    Americana and post-World War II automobileculture. These architectural design standards areintended to preserve the character of the corridor while allowing compatible new constructionand modifications that respect the corridors 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 adjacentneighborhoods;

    (B) ensure that increased density in established neighborhoods makes apositive contribution to theareas character;

    (C) ensure the integrity of historic buildings and the compatibility ofnew 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 facade of new construction must be face the street

    (e) Entrances.

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

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

    (A) Arcade.

    (B) Arch.

    (C) Awning.

    (D) Canopy.

    (E) Decorative elements such as tile work, molding, raised banding orprojected banding.

    (F) Display windows.

    (G) Projections.

    (H) Enhanced cornice details.

    (I) Raised parapet.

    (J) Recess.

    (f) Facades.

    (1) Street-facing facades on a single building site must have similararchitectural design.

    (2) Street-facing facades exceeding 30 feet in length must have two of thefollowing elements. Streetfacingfacades 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 awidth 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.

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    (F) Change in material.

    (G) Change in texture.

    (3) The street level of the primary facade for nonresidential uses or mixed useprojects with retail useson the street level must have at least two of the following elements for atleast 60 percent of thewidth of the facade:

    (A) Arcades, canopies or secondary roofs to provide shade.

    (B) Display windows.

    (C) Awnings associated with windows or doors.

    (4) Accessory structures must have the same architectural design elements,materials, and roof designas the primary structure.

    (5) If a building is two stories or less, 30 percent of the street-facing facade,excluding fenestration, mustbe masonry. If the building is more than two stories, 100 percent ofthe first-story street-facingfacade, excluding fenestration, must be masonry.

    (6) The street level primary facade of nonresidential uses or mixed useprojects with nonresidential uses on the street level must have a minimum transparency of 40percent.

    (7) Facades may not consist of more than 80 percent glass. For purposes ofthis provision, glass block isnot considered as glass.

    (g) Massing and form.

    (1) If a building exceeds 150 feet of frontage along any street, and exceeds 36feet in height,that building must have a minimum of 500 square feet of sloped-roof area. Thesloped-roof area must bevisible from the street, and the slope must exceed a pitch of two in 12.

    (2) To create varied building massing for large scaled buildings, no more than80 percent of any buildingfootprint 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 walllongerthan 200 feet must be alternated materials, alternate textures, gates, offsets, or openings.The alternatematerials, 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 reflectanceof glass used on stories above the first two stories may not

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    exceed 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 thesurface will appear.

    (2) Masonry.

    (A) Allowed.

    (i) Stone.

    (ii) Brick.

    (iii) Finished concrete masonry units such as split-facedconcrete masonry units.

    (iv) Job-site cast concrete with an architectural finish.

    (v) Cast stone.

    (vi) Cultured stone.

    (B) Prohibited.

    (i) CMUs.

    (ii) Precast concrete that do not have an architectural finish.

    (3) Metal.

    (A) Allowed. No more than 20 percent of a street-facing facade may beflat or corrugated metalpanels.

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

    (4) Plastic.

    (A) Allowed. Fiberglass panels and polycarbonate panels.

    (B) Prohibited. Plastic siding and vinyl siding that imitate wood siding.

    (5) Stucco.

    (A) Allowed. Stucco.

    (B) Prohibited. Simulated stucco (EIFS).

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

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    (7) Wood.

    (A) Allowed.

    (i) Natural wood.

    (ii) Composite panels or planks no greater than eight inches inwidth.

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

    (j) Roofs. In addition to the requirements of Section 51P-____.121(g), mechanicalequipment, skylights, and solar panels on roofs must be set back or screened so thatthey are notvisible to a person standing at street level on the opposite side of any adjacent right-of-way.

    (k) Windows. Retail and personal service uses must provide windows or displaycases in street-level street facingwindows 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 percent of a lot may only have hipped-roofed or gable-roofed forms with a minimum roof slope of four (vertical) to 12 (horizontal)and a maximum roof slope of 12 (vertical) in 12 (horizontal). Elements such as porches or roofdormers may have a minimum roof slope of two (vertical) in 12 (horizontal).

    (B) The primary faade material must be painted horizontal lap siding,composed of wood or cement-fiber board. No more than 15 percent of any faade 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 be

    visible 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% ofany lot.

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

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

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

    of seven feet.

    (2) On-street parallel parking with curbed neck-downs is required inaccordance with the form based urban-design standards.

    (3) Where the existing right-of-way width does not allow for the requiredsidewalk width to be provided, an additional sidewalk easement shall be dedicated at the time ofplatting to achieve a 10 wide sidewalk. This does not apply to existing buildings to remain.

    (b) Bishop Avenue (North of Davis).

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

    (2) On-street parallel parking with curbed neck-downs is required inaccordance with the form-based urban design standards.

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

    (d) Pedestrian amenities.

    (1) In general.

    (A) Pedestrian amenities must be accessible to the public.

    (B) Pedestrian amenities must be located at least seven feet away froma transit stop.

    (C) Canopies, awning, and street lamps must have a minimumclearance above a sidewalk of eight feet in height.

    (D) Light fixtures may not exceed 14 feet in height. Light fixtures mustbe cut-off type luminaires that direct lighting downward.

    (E) Except as provided in this subsection, pedestrian amenities must beprovided on each block and must be located within the curb-to-building area, but may not belocated within the unobstructed sidewalk width.

    (2) Davis Street and Bishop Avenue.

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    (A) The following pedestrian amenities must be provided:

    (i) At least one bench per 100 feet of street frontage;

    (ii) At least one trash receptacle per 100 feet of street frontage;

    (iii) Free-standing or wall-mounted street lamps as specified inthe form-based urban design standards.

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

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

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

    frontage.

    (iii) Public art, approved in writing by the director of the officeof cultural affairs or the cultural affairs commission.

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

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

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

    (4) Maintenance. Pedestrian amenities must be maintained in a state of goodrepair and neat appearance.

    (5) Driveway design.

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

    (b) Curb cuts for driveways must be at least 12 feet but not more than24 feet in length measured parallel to the frontage.

    SEC. 51P- .122. ADDITIONAL PROVISIONS.

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

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

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

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

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

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

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

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

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

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

    by this ordinance.

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

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

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

    passage and publication, in accordance with the Charter of