ORDINANCE NO

Transcription

1 ORDINANCE NO An ordinance amending Chapter 51, Dallas Development Code: Ordinance No , as amended, and Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code by amending Sections , 51A-4.122, 51A-4.123, 51A-4.125, and 51A-4.210; creating a new paraphernalia shop land use; providing appropriate standards for paraphernalia shops; 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 this amendment to the Dallas City Code; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCTh OF THE CITY OF DALLAS: SECTION 1. That Section , Retail Uses, of Division , Use Regulations, of Article IV, Zoning Regulations, of Chapter 51, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended by adding a new Paragraph (23), Paraphernalia Shop, to read as follows: (23) Paraphernalia shop. (A) Definition: An establishment that displays or offers for sale any illegal smoking paraphernalia as that term is defined in Chapter 31 of the Dallas City Code or any other smoking paraphernalia that is commonly used, or commonly known to be used, for the inhalation of tobacco or illegal substances. For purposes of this definition, rolling papers, tobacco cigarettes, and tobacco cigars are not considered paraphernalia. and 1-3. (B) Districts permitted: By SUP only in SC, GR, LC, HC, 1-1, 1-2, DCA (paraphernalia shops) 1 ALTERNATE

2 of floor area. (C) Required off-street parking: One space for each 200 square feet (D) (E) Required off-street loading: One space. Additional provisions: (i) A paraphernalia shop may not be located within 1,500 feet, measured from property line to property line, of any other paraphernalia shop. (ii) A paraphernalia shop may not be located within 1,000 feet, measured from property line to property line, of a lot in a residential district. (iii) A paraphernalia shop may not be located within 1,000 feet, measured from property line to property line, of a lot with a school. (iv) A paraphernalia shop may not be located within 1,000 feet, measured from property line to property line, of a lot with a child-care facility. (v) A paraphernalia shop may not be located within 1,000 feet, measured from property line to property line, of a lot with a college, university, or seminary. (vi) A paraphernalia shop may not be located within 1,000 feet, measured from property line to property line, of a lot with a church. A paraphernalia shop may not have a drive-in or drivethrough or walk-up window. (vii) prohibited. (viii) The outside sale, display, or storage of products is (ix) A paraphernalia shop may only be a main use that requires a certificate of occupancy. A paraphernalia shop may not be an accessory use within the meaning of Section SECTION 2. That Subparagraph (J), Retail and Personal Service Uses, of Paragraph (2), Main Uses Permitted, of Subsection (b), Conununity Retail (CR) District, of Section 5 1A , Retail Districts, of Division 5 1A , Establishment of Zoning Districts, of Article IV, Zoning Regulations, of Chapter 5 1A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: 2 ALTERNATE

3 Business Furniture Home Liquor Motor Nursery, Personal Swap (I) Retail and personal service uses. Ambulance Animal Auto Car Convenience Dry Household Mortuary, Temporary Alcoholic beverage establishments. [See Section 5]A- 4.2]O(b)(4).] shelter or clinic without outside runs. [RAR] service center. [RAR] school. wash. [DIR] amusement (inside). [SUP may be required. See Section 5]A-4.2]O(b)(7)(B).] amusement (outside). [SUP] parking lot or garage. [RAR] store with drive-through. [SUP] cleaning or laundry merchandise or food store greater than 3,500 square feet. merchandise or food store 100,000 square feet or more. [SUP] improvement center, lumber, brick or building materials sales yard. [DIR] equipment and appliance repair. funeral home, or commercial wedding chapel. garden shop, or plant sales. Paraphernalia shop. [SUP Pawn shop. service uses. 1 without drive-in or drive-through with drive-in or drive-through service. [DIR] or buy shop. [SUP] retail use. Theater. DCAI (paraphernalia shops) - 3 ALTERNATE

4 SECTION 3. That Subparagraph (J), Retail and Personal Service Uses, of Paragraph (2), Main Uses Permitted, of Subsection (c), Regional Retail (RR) District, of Section 51A , Retail Districts, of Division 5 1A , Establishment of Zoning Districts, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: (J) Retail and personal service uses. Alcoholic Ambulance Animal Animal Auto Business Car Convenience Dry Furniture Home Household Liquor Mortuary, Motor Nursery, Outside Pawn Personal beverage establishments. [See Section 51A (b)(4).] shelter or clinic without outside runs. [RAR] shelter or clinic with outside runs. [SUP] service center. [RAR] school. wash. [RAR] amusement (inside). [SUP may be required. See Section 5]A-4.210(b)(7)(B).] amusement (outside). [SUP] parking lot or garage. [RAR] store with drive-through. [SUP] cleaning or laundry merchandise or food store greater than 3,500 square feet. merchandise or food store 100,000 square feet or more. improvement center, lumber, brick or building materials sales yard. [RAR] equipment and appliance repair. funeral home, or commercial wedding chapel. garden shop, or plant sales. sales. [SUP] Paraphernalia shop. [SUP shop. service uses. 1 without drive-in or drive-through DCA (paraphernalia shops) 4 ALTERNATE

5 Ambulance Auto Car Convenience Drive-in Temporary with drive-in or drive-through service. [DIR] Swap or buy shop. [SUP] retail use. Theater. Vehicle display, sales, and SECTION 4. That Subparagraph (J), Retail and Personal Service Uses, of Paragraph (2), Main Uses Permitted, of Subsection (a), Commercial Service (CS) District, of Section 5 1A , Commercial Service and Industrial Districts, of Division 5 1A , Establishment of Zoning Districts, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No , amended to read as follows: as amended, of the Dallas City Code is (J) Retail and personal service uses. Alcoholic Animal Animal Business Dry Furniture beverage establishments. [See Section 51A (b)(4).] shelter or clinic without outside runs. [RAR] shelter or clinic with outside runs. [SUP may be required. See Section 51A (b)(2).] service center. [RAR] school. wash. [RAR] amusement (inside). [SUP may be required. See Section 51A-4.210(b)(7)(B).] amusement (outside). [DIR] motor vehicle parking. [By SUP only if within 500 feet of a residential district.] parking lot or garage. [RAR] store with drive-through. [SUP] theater. [SUP] cleaning or laundry merchandise or food store greater than 3,500 square feet. merchandise or food store 100,000 square feet or more. [SUP] 5 ALTERNATE

6 Home Household Liquor Motor Paraphernalia Personal Temporary Vehicle Animal Auto 3047? improvement center, lumber, brick or building materials sales yard. [RAR] equipment and appliance repair. Liquefied natural gas fueling station. [SUP] Mortuary, funeral home, or commercial wedding chapel. Nursery, garden shop, or plant sales. Outside sales. [SUP] shop. [SUP! Pawn shop. service uses. without drive-in or drive-through with drive-in or drive-through service. [DIR] Swap or buy shop. [SUP] Taxidermist. retail use. Theater. Truck stop. [SUP] display, sales, and SECTION 5. That Subparagraph (J), Retail and Personal Service Uses, of Paragraph (2), Main Uses Permitted, of Subsection (b), Light Industrial (LI) District, of Section 5 1A , Commercial Service and Industrial Districts, of Division 5 1A , Establishment of Zoning Districts, of Article IV, Zoning Regulations, of Chapter 5 1A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: (J) Retail and personal service uses. Alcoholic Animal Business Car beverage establishments. [See Section 5]A- 4.2]O(b)(4).] shelter or clinic without outside runs. shelter or clinic with outside runs. [SUP may be required. See Section 5]A-4.210(b)(2).] service center. [RAR] school. wash. [RAR] amusement (inside). [SUP may be required. See Section 5]A-4.210(b)(7)(B).] 6 ALTERNATE

7 Dry Furniture Home Household Liquefied Motor Paraphernalia Personal motor vehicle parking. [By SUP only if within 500 feet of a residential district.] parking lot or garage. [RAR] cleaning or laundry merchandise or food store 100,000 square feet or more. [SUP] improvement center, lumber, brick or building materials sales yard. [RAR] equipment and appliance repair. natural gas fueling station. [By SUP only if the use has more than four fuel pumps or is within 1,000 feet of a residential zoning district or a planned development district that allows residential uses.] shop. [SUP service uses. 1 without drive-in or drive-through with drive-in or drive-through service. [DIR] Taxidermist. Temporary retail use. Theater. Truck Vehicle stop. [SUP] display, sales, and SECTION 6. That Subparagraph (J), Retail and Personal Service Uses, of Paragraph (2), Main Uses Permitted, of Subsection (c), Industrial/Research (IR) District, of Section 5 1A , Commercial Service and Industrial Districts, of Division 5 1A , Establishment of Zoning Districts, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: (J) Retail and personal service uses. Alcoholic Animal beverage establishments. [See Section SJA 4.210(b)(4).] shelter or clinic without outside runs. DCA (paraphernalia shops) 7 ALTERNATE

8 Animal shelter or clinic with outside runs. [SUP may be required. See Section 51A-4.210(b)(2).] Auto service center. [RAR] Business school. Car wash. [RAR] amusement (inside). [SUP may be required. See Section 51A-4.210(b)(7)(B).] Commercial motor vehicle parking. [By SUP only if within 500 feet of a residential district.] parking lot or garage. [RAR] Convenience store with drive-through. [SUP] Dry cleaning or laundry Furniture Home improvement center, lumber, brick or building materials sales yard. [RAR] Household equipment and appliance repair. Liquefied natural gas fueling station. [By SUP only if the use has more than four fuel pumps or is within 1,000 feet of a residential zoning district or a planned development district that allows residential uses.] Motor Paraphernalia shop. [SUP 1 Pawn shop. Personal service uses. without drive-in or drive-through with drive-in or drive-through service. [DIR] Taxidermist. Temporary retail use. Theater. Truck stop. [SUP] Vehicle display, sales, and SECTION 7. That Subparagraph (J), Retail and Personal Service Uses, of Paragraph (2), Main Uses Permitted, of Subsection (d), Industrial Manufacturing (IM) District, of Section 51A-4.123, Commercial Service and Industrial Districts, of Division 51A-4.l00, Establishment of Zoning Districts, of Article IV, Zoning Regulations, of Chapter 5 1A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: 8 ALTERNATE

9 Animal Business Drive-in Motor Temporary Vehicle (J) Retail and personal service uses. Alcoholic beverage establishments. [See Section 5]A (b)(4).] Animal shelter or clinic without outside runs. shelter or clinic with outside runs. [SUP may be required. See Section 51A (b)(2).] Auto service center. [RAR] school. Car wash. [RAR] amusement (inside). [SUP may be required. See Section 51A-4.210(b)(7)(B).] motor vehicle parking. [By SUP only if within 500 feet of a residential district.] parking lot or garage. [RAR] Convenience store with drive-through. [SUP] theater. [SUP] Dry cleaning or laundry Furniture Home improvement center, lumber, brick or building materials sales yard. [RAR] Household equipment and appliance repair. Liquefied natural gas fueling station. [By SUP only if the use has more than fuel pumps or is within 1,000 feet of a residential zoning district or a planned development district that allows residential uses.] Paraphernalia shop. [SUP 1 Pawn shop. Personal service uses. without drive-in or drive-through with drive-in or drive-through service. [DIR] Taxidermist. retail use. Theater. Truck stop. [SUP] display, sales, and - four 9 ALTERNATE

10 Animal Car Motor Personal Swap SECTION That Subparagraph (J), Retail and Personal Service Uses, of Paragraph (2), Main Uses Permitted, of Subsection (d), MU-i and MU-i (SAH) Districts, of Section 5 ia , Mixed Use Districts, of Division 5 1A , Establishment of Zoning Districts, of Article IV, Zoning Regulations, of Chapter 5iA, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: (J) Retail and personal service uses. Alcoholic beverage establishments. [See Section 5]A- 4.2]O(b)(4).J shelter or clinic without outside runs. [RAR] Auto service center. [RAR] Business school. wash. [RAR] amusement (inside). [SUP may be required. See Section 51A-4.2]O(b)(7)(B).] amusement (outside). [SUP] parking lot or garage. [RAR] Dry cleaning or laundry Furniture merchandise or food store greater than 3,500 square feet. merchandise or food store 100,000 square feet or more. [SUP] Mortuary, funeral home, or commercial wedding chapel. Nursery, garden shop, or plant sales. Paraphernalia shop. [SUP! service uses. without drive-in or drive-through with drive-in or drive-through service. [DIR] or buy shop. [SUP] Temporary retail use. Theater. 10 ALTERNATE

11 Business Mortuary, SECTION 9. That Subparagraph (J), Retail and Personal Service Uses, of Paragraph (2), Main Uses Permitted, of Subsection (e), MU-2 and MU-2 (SAH) Districts, of Section 5 la , Mixed Use Districts, of Division 5 1A , Establishment of Zoning Districts, of Article IV, Zoning Regulations, of Chapter 5 1A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended to read as follows: (J) Retail and personal service uses. Auto Furniture Liquor Motor Personal Swap Temporary Alcoholic beverage establishments. [See Section 51A- 4.2]O(b)(4).] Animal shelter or clinic without outside runs. [RAR] service center. [RAR] school. Car wash. [RAR] Commercial amusement (inside). [SUP may be required. See Section 51A O(b)(7)(B).] amusement (outside). [SUP] parking lot or garage. [RAR] Convenience store with drive-through. [S UP] Dry cleaning or laundry General merchandise or food store greater than 3,500 square feet. merchandise or food store 100,000 square feet or more. [SUP] Household equipment and appliance repair. funeral home, or commercial wedding chapel. Nursery, garden shop, or plant sales. Paraphernalia shop. [SUP! service uses. without drive-in or drive-through with drive-in or drive-through service. [DIR] or buy shop. [SUP] retail use. Theater. 11 ALTERNATE

12 Animal Car Furniture Household Motor Temporary SECTION 10. That Subparagraph (J), Retail and Personal Service Uses, of Paragraph (2), Main Uses Permitted, of Subsection (f), MU-3 and MU-3 (SAH) Districts, of Section 51A-4.125, Mixed Use Districts, of Division 51A-4.100, Establishment of Zoning Districts, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is to read as follows: (J) Retail and personal service uses. Alcoholic Auto Business Convenience Dry Liquor Mortuary, Nursery, Paraphernalia Personal Swap beverage establishments. [See Section 51A (b)(4).] shelter or clinic without outside runs. [RAR] service center. [RAR] school. wash. [RAR] amusement (inside). [SUP may be required. See Section SJA-4.210(b)(7)(B).] amusement (outside). [SUP] parking lot or garage. [RAR] store with drive-through. [SUP] cleaning or laundry merchandise or food store greater than 3,500 square feet. merchandise or food store 100,000 square feet or more. [SUP] equipment and appliance repair. funeral home, or commercial wedding chapel. garden shop, or plant sales. shop. [SUP! service uses. without drive-in or drive-through with drive-in or drive-through service. [DIR] or buy shop. [SUP] retail use. Theater. DCAI (paraphernalia shops) 12 ALTERNATE

13 SECTION 11. That Subsection (b), Specific Uses, of Section 5 1A-4.210, Retail and Personal Service Uses, of Division 51A-4.200, Use Regulations, of Article IV, Zoning Regulations, of Chapter 51A, Dallas Development Code: Ordinance No , as amended, of the Dallas City Code is amended by adding a new Paragraph (21.1), Paraphernalia Shop, to read as follows: (21.1) Paraphernalia shop. (A) Definition: An establishment that displays or offers for sale any illegal smoking paraphernalia as that term is defined in Chapter 31 of the Dallas City Code or any other smoking paraphernalia that is commonly used, or commonly known to be used, for the inhalation of tobacco or illegal substances. For purposes of this definition, rolling papers, tobacco cigarettes, and tobacco cigars are not considered paraphernalia. mixed use districts. of floor area. (B) Districts permitted: By SUP only in CR, RR, CS, industrial, and (C) Required off-street parking: One space for each 200 square feet (D) Required off-street loading: One space. (E) Additional provisions: (i) A paraphernalia shop may not be located within 1,500 feet, measured from property line to property line, of any other paraphernalia shop. (ii) A paraphernalia shop may not be located within 1,000 feet, measured from property line to property line, of a lot in a residential district. (iii) A paraphernalia shop may not be located within 1,000 feet, measured from property line to property line, of a lot with a school. (iv) A paraphernalia shop may not be located within 1,000 feet, measured from property line to property line, of a lot with a child-care facility. (v) A paraphernalia shop may not be located within 1,000 feet, measured from property line to property line, of a lot with a college, university, or seminary. (vi) A paraphernalia shop may not be located within 1,000 feet, measured from property line to property line, of a lot with a church. DCA (paraphernalia shops) - 13 ALTERNATE

14 drive-in or drivethrough or walk-up window. prohibited. (vii) A paraphernalia shop may not have a (viii) The outside sale, display, or storage of products is a (ix) A paraphernalia shop may only be a main use that requires certificate of occupancy. A paraphernalia shop may not be an accessory use within the meaning of Section 51A SECTION 12. That the director of sustainable development and construction shall revise the use charts to reflect the change in use regulations made by this ordinance, and shall provide these charts for publication in the Dallas Development Code. SECTION 13. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 14. That Chapters 51 and 5 1A of the Dallas City Code shall remain in full force and effect, save and except as amended by this ordinance. SECTION 15. 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 16. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: LARRY E. CASTO, City Attorney By Assistant City Attorney MAY 24Z017 Passed 14 ALTERNATE

15 PROOF OF PUBLICATION - LEGAL ADVERTISING The legal advertisement required for the noted ordinance was published in the Dallas Morning News, the official newspaper of the city, as required by law, and the Dallas City Charter, Chapter XVIII, Section 7. DATE ADOPTED BY CITY COUNCIL MAY ORDINANCE NUMBER 304?? DATE PUBLISHED MAY ATTESTED BY: OFFICE OF CITY SECRETARY M:\SCANS\ScanPro Users\ScanPro - Anna\rny stuff\my stuff\proof OF PUBLICATION.docx