d.  adequacy of onsite traffic
              circulation and ingress/egress
              to the site for all required
              parking facilities.

     2.  A letter of intent to install the
     required parking when the special
     exception expires or is terminated
     must be submitted to Building
     Inspections to be filed with the  
     Certificate of Occupancy.  Required
     parking shall be installed within
     120 days after the special exception
     expires or is terminated.

G.   Additional signage for new car                      All districts
     dealerships:  One additional pole
     or ground sign shall be permitted for
     new dealerships selling more than one
     new car product line from the same
     building under the following conditions:

     1.  The lot on which the dealerships
     are located has greater than 399
     feet of street frontage along a
     single street;

     2.  Each sign is specifically limited
     to advertising new car lines;

     3.  The minimum spacing between
     signs shall be 150 feet;

     4.  No product line or tenant
     can be displayed on more than
     one sign;

     5.  The use of this special exception
     cannot be authorized in
     combination with a multi-tenant
     sign;

     6.  The size of each sign shall be
     the same as what may be permitted
     for a single sign based on sign
     type and street frontage;

     7.  On controlled access freeways,
     one sign of the two signs may 
     be 150 square feet in area
     (Note:  See Section 16-900(A)(1)(c)
     for 50 foot height and other
     requirements).

H.   Porte-cochere, covered walkway                 "MF14","MF18","MF22",
     or canopy in required street                         "O","NS","CS","B",
     frontage building setback under                    "LI", "IM"
     the following conditions:

     1.  The structure shall not exceed
     25' in width at the building line;

     2.  The structure must serve to
     cover the walkway or valet parking
     area; and

     3.  Approval shall be based on the
     Board's finding that the structure
     will not adversely affect
     neighboring properties.

I.   Required offstreet parking for
     permitted nonresidential uses
     in the "E", "R", "R1", "R2", "TH",
     "D", "MF14", "MF18" and "MF22"
     districts and for permitted
     uses in all other districts shall
     be provided on the lot or tract
     occupied by the principal use,
     upon a portion of said lot or
     tract which is contained in the
     same zoning district as the
     principal use.  The Board may
     permit a parking facility to
     accommodate either required
     or additional off-premise parking,
     as a special exception, under
     such regulations and conditions
     as the Board may deem advisable,
     when:

     1.  The proposed parking facility
     is on a platted lot within 300'
     of the principal use property; and

     2.  The principal use is located in
     an "E", "R", "R1", "R2", "TH",
     "MF14", "MF18" or "MF22" district
     and the proposed parking facility is
     located in one of such districts;
     or,

     3.  The principal use is required by
     this ordinance to be located in
     an "O" or less restrictive
     district and the proposed parking
     facility is located in the same
     or a more intensive district in
     which the use is first permitted.

     (Amend Ord 95-135, 10/3/95) 

J.   Installation of new motor vehicle                    "F"
parts and accessories, including
tires, telephones, sound equipment
and window tinting and/or motor
vehicle repair as an incidental
use to retail sales:

Conditions

     1.   Installation/repair areas
including service bays shall not
exceed 20% of the gross floor
area of the related tenant space.

     2.   Spray painting, body work,
dismantling, remanufacturing and
rebuilding are not permitted. 

     3.   Service bays facing a public
street or residential use shall be
screened to a height of at least
eight feet (8').  (Amend Ord 95-11,1/10/95) 

K.   Building elements spanning public                 "O","NS","CS"
street rights-of-way.                               "B","LI","IM",
                                                           "BP","F"
 

     1.   The use of this special
exception is intended for connecting
buildings with an enclosure to
convey persons or materials across
a public street. 

     2.   No structural supports shall
be located in rights-of-way. 

     3.   An agreement must be executed
with the City prior to permitting
for the use of right-of-way. 

     4.   Compliance with any other
     condition which the Board may impose.
     (Amend Ord 95-41, 4/25/95)

L.   Temporary Asphalt or Concrete
     Batch Plant                                                     All districts

M.   Temporary Carnival, Circus or
     Amusement Ride  (Amend Ord 01-010,               "DB", "F",
     2/20/01)                                                      "NS", "CS","B" districts 

N.   Wall signs on an exterior façade wall not immediately abutting the tenant space or business that it advertises. 

Conditions

1.   The wall sign shall be placed only on the top or bottom floor of the same elevation as the tenant space or business that it advertises, and only if there is no building identification sign on that elevation, and there are no other wall signs in place between the relocated wall sign and the first floor.

2.   The permitted size of the wall sign shall not exceed the size of the sign that would have been allowed by right on the wall immediately abutting the tenant space or business that it advertises.  However, in no case shall the wall sign exceed 75% of the width of the requested location. 

3.   A tenant who locates a wall sign consistent with these provisions shall not be allowed to place any additional wall sign(s) that would be allowed by right, or otherwise, under this Ordinance on the same elevation. 

4.   A letter of permission from the building owner or his designee shall be submitted to the Building Official prior to issuance of a permit for the wall sign.  (Amend Ord 02-094, 8/27/02)

 O.   Masonry Coverage:                                        "E", "R","R1", "R2"

In order to allow for the development of neo-traditional neighborhoods, cementitious fiberboard or wood may be used as the primary, exterior building material provided that at least 3 of the following features are integrated into the design of the primary structure:  

1.   Variation in street facing facades through either vertical or horizontal breaks in the wall plane of at least 12";

2.   Variation in the roofline of at least 12";  

3.   Enhanced window treatments on street-facing facades (such as accent materials, shutters, window box-outs);  

4.   Covered front porch; or   

5.   Enhanced entryway details (such as materials, pilasters, decorative sconces, or ground mounted accent lights). 

P.  Minimum Gross Living Area.                                "E", "R", "R1", "R2"

Minimum gross living area may be reduced to 1,000 square feet for homes in subdivisions that are platted or replatted after the effective date of this ordinance if: 

1.   The subdivision is less than 2 acres in size; 

2.   Contains 10 or fewer dwelling units;  

3.   Is adjoined on at least two sides by existing development; and 

4.   The proposed development is compatible with the surrounding neighborhood with respect to lot size, house size and setbacks.  (Amend Ord 02-121, 11/12/02)

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Section 5-100 Procedures and General Applicability

 B. Action by Decision-making Bodies. In any zoning change, amendment to this Ordinance, specific use permit, or development plan decision, the Planning and Zoning Commission makes a recommendation to the City Council who has final authority. The Zoning Administrator has the authority to make minor modifications to the zoning districts in accordance with this ordinance. The Planning and Zoning Commission may approve Substitute Plans found in compliance with the spirit and intent of this ordinance. The decision of the Commission on Substitute Plans may be appealed to the City Council as authorized by this Ordinance. Special Exceptions, variances and appeals are only considered by the Zoning Board of Adjustment who has final authority. Refer to the chart at the end of this Article. (Amend Ord 98-148, 11/17/98)

 Section 5-700 Variances 

1. Purpose. To allow for an adjustment of a specific Zoning Ordinance requirement, here owing to special and unique conditions, the literal enforcement of the ordinance provisions result in an unnecessary hardship. The Board of Adjustment shall not have the authority to grant use variances.

2. Board of Adjustment Decision. The Board of Adjustment shall review the application and the recommendation of the Building Official and shall conduct a public hearing on the application. The Board may decide to permit such variance of the front setback, side setback, rear setback, lot width, lot depth, minimum setback standards, off-street parking or off-street loading regulations where the literal enforcement of the provisions of this ordinance would result in an unnecessary hardship, and where such variance is necessary to permit a specific lot which differs from other lots in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other lots in the same district. A modification of the standards established by this ordinance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this Ordinance to other parcels of land in the same district. Following the public hearing, the Board will reach a final decision granting a variance only if the applicant demonstrates:

1. That the request is not contrary to the public interest so that the spirit of the ordinance is observed and substantial justice done.

2. That there is some unique characteristics associated with the site.

3.  That the hardship is not self-created or personal, nor is solely based on financial reasons.

3. Limitation on Reapplication. No application to the Board for a variance shall be allowed on the same piece of property prior to the expiration of six months from a previous ruling by the Board on any application to such body unless other property in the immediate vicinity has, within the six months period, been changed or acted on by the Board or City Council so as to alter the facts and conditions on which the previous Board action was based. Such change of circumstances shall permit the rehearing of an application by the Board prior to the expiration of a six months period, but such conditions shall in no way have any force in law to compel the Board, after a hearing, to grant a subsequent appeal. Such subsequent appeal shall be  considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought.

4. Appeal to Board of Adjustment Decision. Any appeal to a Board decision must be made to a Court of Record within ten days of the decision.

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Section 3-300 Zoning Board of Adjustment

    A.   Powers and Duties. In addition to any authority granted to the Board of Adjustment by state law or other ordinances of the City, the Board of Adjustment shall have the following powers and duties under the provisions of these regulations:

1. To hear and decide special exceptions to the terms of the ordinance upon which the   Board is required to pass under this ordinance.
    
2. To authorize upon appeal in special cases such variances from the terms of the   ordinance as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of the ordinance will result in unnecessary hardship, so that the spirit of this ordinance shall be observed and substantial justice done.
    
3. To permit such variance of the street frontage setback, side setback, rear setback, lot width, lot depth, minimum setback standards, off-street parking or off-street loading regulations where the literal enforcement of the provisions of this ordinance would result in an unnecessary hardship, and where such variance is necessary to permit a specific lot which differs from other lots in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other lots in the same district. A modification of the standards established by this ordinance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the same district.
    
4. To initiate, on its motion or otherwise, action to bring about the discontinuance of a nonconforming use in accordance with (5) below.
    
5. To require the discontinuance of a nonconforming use under any plan whereby full value of the structure or use can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance.
    
6. To interpret the intent of the Zoning Map where uncertainty exists and none of the rules set forth in Article II apply.
    
7. To approve the use of a lot for off-street parking of vehicles as provided in Section 18-200(J) hereof.
    
8. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance.
    
9. In exercising its powers, the Board may, in conformity with the provisions of Chapter 211 of the Local Government Code, revise or reform, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken.
    

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B. Membership, Appointment and Term of Office

1. Membership. The Board of Adjustment shall consist of nine (9) members. In addition, four (4) alternate members shall be appointed, who shall serve in the absence of one or more of the regular members of the Board when requested to do so by the Zoning Administrator, or her designee, so that all cases to be heard by the Board will always be heard by at least seven (7) members. (Amend Ord 02-095, 8/27/02)

2. Appointment and Term of Office. The Mayor and each City Council member shall nominate a member with confirmation by majority vote of the City Council in accordance with the City of Arlington Boards and Commissions Policy Statement. In addition, there shall be four (4) alternates with the Mayor and each at-large City Council member nominating an alternate with confirmation by majority vote of the City Council. Each of the nine (9) seats for the Zoning Board of Adjustment shall be assigned a Place number ranging from one to nine. Members shall serve at the will and pleasure of the City Council. The terms of office for the membership shall be two (2) years, not to exceed three (3) full terms. (Amend Ord 04-047, 5/11/04)

3. Officers. The members of the Zoning Board of Adjustment shall organize and elect their own officers, except the Chairman who is appointed by City Council.

4. Vacancies. Vacancies shall be filled with a suitable person to serve out the unexpired term of any member whose place on the Board has become vacant for any cause. (Amend Ord 96-72, 5/14/96)

C. Meetings, Hearings and Procedures.

1. General. All meetings of the Board shall be open to the public and shall be conducted in accordance with the procedures set forth in these regulations and rules of procedure adopted by the Board of Adjustment.

2. Rules of Procedure. The Board may adopt rules governing its proceedings, not inconsistent with this ordinance.  

3. Meetings. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board or Zoning Administrator may determine. The chairman or, in his absence, the acting chairman, may administer oath and compel the attendance of witnesses. (Amend Ord 02-095, 8/27/02)

4. Voting. The concurring vote of seven (7) members of the Board shall be necessary to revise any order, requirement, decision or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this ordinance or to effect any variance in said ordinance. (Amend Ord 95-163, 11/14/95)

5. Minutes. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if a member is absent or fails to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record. The office of the Zoning Administrator is hereby designated as the office of the Board and shall have the duty of care, custody and control of the records of the Board. (Amend Ord 02-095, 8/27/02)

D. Appeals from Board Decisions. Any person or persons, jointly or severally, aggrieved by any decision of the Board, or any taxpayer or any officer, department, or board of the City may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board.  

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