The Board normally meets three times each month at 1:00 p.m. in the City Council Chambers on the sixth floor of City Hall, 1500 Marilla Street.  An 11:00 a.m. briefing by city staff for the Board of Adjustment Board Members will be held before each meeting.

The Board meeting is a public hearing. Written notice of the hearing will be sent to all owners of real property located within 200 feet, including streets and alleys, from the boundary of the area upon which the appeal is made, not less than 10 days before the hearing. The members of the Board have the option to visit each site for which an appeal is being heard. On the morning of the hearing , the members of the Board will be fully briefed by staff about each appeal scheduled to be heard.

Each case will be scheduled by the administrator of the Board, who will then notify the applicant by mail of the hearing date, time and location. Any questions regarding scheduling and/or status of pending cases should be directed to the Administrator of the Board of Adjustment, Steve Long, by calling (214) 670-4666.

The applicant or the applicant's representative must be present at the hearing. The applicant has the burden of proof to establish the necessary facts to warrant favorable action by the Board. Evidence submitted to the Board at the public hearing will not be returned, and becomes part of the city's permanent files. Therefore, it is advisable that you make copies of evidence before the hearing occurs.

The Board of Adjustment is a quasi-judicial body. Pursuant to the Board's Rules of Procedure, ex parte communications with the members of the Board are prohibited. All communication, oral or written, should be directed to the Board Administrator. Failure to comply with this rule may result in criminal prosecution for improper influence, which is a Class A misdemeanor under Texas Penal Code Section 36.04.

Jurisdiction of the Board of Adjustment

1.  To hear and decide appeals of the decisions of administrative officials made in the enforcement of the zoning ordinance of the city. (Please note that the applicant has only 15 days from the date of the administrative official's decision to file an appeal to the Board of Adjustment.)

2.  To interpret the intent of the zoning district map when uncertainty exists, because the actual physical features differ from those indicated on the zoning district map and when the rules set forth in the zoning district boundary regulations do not apply.

3.  To hear and decide special exceptions that are expressly provided for in the zoning ordinance. (For convenience, information regarding special exceptions to the sign regulations is briefly discussed below. Additional information is contained in 51A-7.703.)

Matter Involving Nonconforming Signs

The Board may authorize the following special exceptions to the sign regulations for nonconforming signs legally erected or maintained prior to April 30,1997:

Matter Involving New Signs

The Board may:

T4.  To bring about the discontinuance of a nonconforming use under a plan whereby the owner's actual investment in the structure(s) prior to the time that the use became nonconforming can be amortized within a definite time period.

5.  To hear and decide requests for change of occupancy of a nonconforming use to another nonconforming use.

6.  To hear and decide requests for the enlargement of a nonconforming use.

7.  To hear and decide requests for reconstruction of a nonconforming structure on the land occupied by the structure when the reconstruction will not permanently prevent the return of the property to a conforming use and will not increase the nonconformity.

8.  To require the vacation and demolition of a nonconforming structure that is determined to be obsolete, dangerous, dilapidated, or substandard.

9.  To consider on its own motion or upon the request of interested property owners, the operation or alteration of any use which is a nonconforming use because of its noncompliance with the environmental performance standards set forth in the zoning ordinance, and specify the conditions and standards which must be complied with for the continuance of the nonconforming use.

10.  To grant variances from the front yard, side yard, rear yard, lot width, lot depth, coverage, floor area ratios, height, minimum sidewalks, off-street parking or off-street loading, or landscape regulations that will not be contrary to the public interest when owing to special conditions, a literal enforcement of the zoning ordinance would result in unnecessary hardship, and so that the spirit of the ordinance will be observed and substantial justice done. The variance must be necessary to permit development of a specific parcel of land by being of such a restrictive area, shape, or slope that it cannot be developed in a manner commensurate with the development upon other parcels of land in districts with the same zoning classification. A variance may not be granted to relieve a self-created or personal hardship, nor for financial reasons only, nor may a variance be granted to permit any person a privilege in developing a parcel of land not permitted by the zoning ordinance to other parcels of the land in districts with the same classification.

Initiating the Process

1.  Any person contemplating the filing of an appeal to the Board of Adjustment shall request an Application Form, from a representative of the zoning section of Building Inspection, 320 E. Jefferson Blvd. room. 105. If you have any question, please call Phil Sikes or any zoning representative at 214-948-4480.

2.  Appeals are randomly assigned by the Planning Department.

3.  Incomplete appeals will not be accepted for processing. All required materials must be submitted together at the time of filing.

4.  Cases must be submitted in person to zoning representative and accompanied by the entire fee and all materials. If this is not possible, special arrangements can be made by calling Phil Sikes at (214) 948-4480.

5.  Please make an appointment (approx 45 min. long) to submit your case between 8:00 am and 3:00 pm.

Filing Procedures and Required Submittal with the Exception of Appeals Involving the Sign Ordinance

1.  A certified warranty deed for the subject property, plus an additional photo copy of the certified deed. (To show ownership of property)

2.  Any documents that indicate a problem exists, i.e. denied Building Permits, Sign Permits, Notice of Nonconforming, denied Certificate of Occupancy, Notice of Violation, Municipal Court Citation, etc.

3.  If requesting a special exception and/or a variance, the following is required: Two original signed/notarized/dated Affidavits from the owner of the subject property authorizing the applicant to pursue an appeal to the Board of Adjustment. Affidavit forms can be obtained from Building Inspection. Only submit this form if the applicant is not the owner.

Indicate property location by address and legal description (Lot/Block).

Indicate property owner's name (and applicant's name if different).

Be drawn to scale (with scale and north indicated).

Be signed by the applicant and dated (with any and all revision dates shown)

Show front, side and rear yard setback and all other critical dimensions.

All required plans must be blueline or black line copies, drawn to scale, and legible. Plans for single family dwellings are recommended to be 1" = 20 feet. Reduced reproductions of plans and/or illegible plans will not be accepted.

Indicate the area of the property or improvements for which the variance or special exception is being requested

Partial and/or incomplete site plans will not be accepted.

6.  Three (3) copies of an elevation plan if the appeal involves building or fence heights (all points must have dimensions specified including maximum height).

7.  Four (4) copies of a landscape plan if the appeal involves fence or landscape requirement. All plant material must be specified and all dimensions must be shown.

8.  Four (4) copies of a tree survey identifying all existing and removed trees (protected and unprotected) and vegetation on the site are required for all requests involving relief of any of the tree mitigation requirements.

9.  Three (3) copies of the floor plan with all critical dimensions shown if the appeal involves an additional dwelling unit or an addition on a residential lot.

10.  One 8.5 x 11 inch clear film transparency for each type of plan required (and for a tree survey if required.)

11.  Requests for a parking variance require a complete parking analysis.

12.  In certain instances, the Board may require a survey before it will consider the appeal.

13.  Requests for special exceptions to airport flight overlay zoning require prior submittal to and approval by FAA.

14.  Three (3) Zoning Map (mark in red the outline of your property and initial - available at Rm 118).

15.  Three (3) Plat Map (mark in red the outline of your property and initial - available at Rm 118).

16.  Sign Affidavit (sign number required is 1 per 5 ac, max. 5 - $10.00 each)

17.  Any other documents(s) which may be required for the appeal to be processed by the Board.

18.  All required plans must meet the criteria specified in number 5 above.

Filing Procedures and Required Submittal for Signs

In order to process an appeal to the Board of Adjustment for a sign special exception, the following may be required:

1.  A certified warranty deed for the subject property, plus an additional copy of the certified deed.

2.  If available, any documents that indicate a problem exist, i.e., denied Sign Permit, Notice of Nonconformity, Notice of Violation, Municipal Court Citation.

3.  If requesting a special exception and/or a variance, the following is required: Two original signed/notarized/dated Affidavits from the owner of the subject property authorizing the applicant to pursue an appeal to the Board of Adjustment. Affidavit forms can be obtained from Building Inspection. Only submit this form if the applicant is not the owner.

4.  Two originals of the Appeal Form which may be obtained from a zoning consultant in room 105 at 320 E. Jefferson. These forms should have the front side filled out completely including the reason for the request, the grounds for the appeals, and if a variance is requested, the hardship requiring the appeal. Be very specific about what is being appealed. Forms must be notarized. NO COPIES WILL BE ACCEPTED.

5.  Three (3) copies of the site plan which must:

Indicate property location by address and legal description (Lot/Block).

Indicate property owner's name (and applicant's name if different).

Be drawn to scale (with scale and north indicated).

Be signed by the applicant and dated (with any and all revisions dates shown)

Show front, side and rear yard setbacks and all other critical dimensions.

All required plans must be blueline or black line copies, drawn to scale, and legible Plans for single family dwellings are recommended to be 1" = 20 feet. Reduced reproductions of plans and/or illegible plans will not be accepted.

Indicate the area of the property or improvements for which the variance or special exception is being requested

Partial and/or incomplete site plans will not be accepted.

6.  Three copies of the Sign Plan containing:

Square footage of Sign proper (not including supports)

Height from grade to top of sign.

Height from grade to bottom of sign.

Width of sign.

7.  One 8.5 x 11 clear transparency of each type of plan required.

8.  Three (3) Zoning Map (mark in red the outline of your property and initial - available at Rm 118).

9.  Three (3) Plat Map (mark in red the outline of your property and initial - available at Rm 118).

10.  Sign Affidavit (sign number required is 1 per 5 ac, max. 5 - $10.00 each)

11.  In certain instances, the Board may require a survey before it will consider the appeal.

12.  Any other document(s) which may be required for the appeal to be processed by the Board.

13.  All required plans must meet the criteria specified in number 5 above.

Fee for All Types of Appeals Excluding Appeals Pertaining to Sign Ordinance

The filing fees are listed below. Valuation is based on the estimated cost of the portion for which the variance is requested. There will also be an additional ten dollar fee for each required notification sign (for detail see Section G). No fee refund may be made after an appeal is advertised, even if the appeal is denied by the Board.

VALUE  APPEAL FEE 

The value of the portion of the proposed improvement is $5,000.00 or less $600.00 

The value of the portion of the proposed improvement is $5,001.00 to $20,000.00 $800.00 

The value of the portion of the proposed improvement is $20,001.00 to $50,000.00 $1,800.00 

The value of the portion of the proposed improvement is $50,001.00 to $200,000.00 $3,000.00 

The value of the portion of the proposed improvement is $200,001.00 or more $5,000.00 

Variance to off-street parking requirements  $600.00

$100.00 for each Parking space for which a variance is requested.

Request to bring a nonconforming use into compliance $ 1,000.00 

All other appeal, excluding sign-related appeals. $600.00

The applicant shall pay a separate filing fee for each type of variance requested. The maximum fee for all variances on one building site heard at one public hearing is $10,000.00. Make checks payable to the "City of Dallas".

Fee for Appeals Pertaining to Sign Ordinance

The filing fees listed below. Valuation is based on the estimated cost of the portion for which the variance is requested. There will also be an additional ten dollar fee for each required notification sign (for details see section G). No fee refund may be made after an appeal is advertised, even if the appeal is denied by the Board.

VALUE

APPEAL FEE 

The value of the portion of the proposed improvement is $1,000.00 or less

$300.00 

The value of the portion of the proposed improvement is $1,001.00 to $5,000.00

$500.00 

The value of the portion of the proposed improvement is $5,001.00 to $20,000.00

$800.00 

The value of the portion of the proposed improvement is $20,001.00 to $50,000.00

$1,200.00 

The value of the portion of the proposed improvement is $50,001.00 to $200,000.00

$1,700.00 

The value of the portion of the proposed improvement is $200,000.00 or more

$2,700.00 

All other sign-related appeals

$600.00 

Required Notification Sign for all Appeals to the Board of Adjustment

At the time of filing an appeal, a "Notification of Appeals" sign must be obtained. One sign is required for each tract of five (5) acres or less with a maximum of five (5) signs required. For example, a seven (7) acres tract require two signs. The cost of each sign is $10.00.

The sign(s) shall be posted on the property at least ten (10) days before the date of the scheduled public hearing before the Board, and may not be removed until the hearing ends. The sign(s) must be posted at a prominent location adjacent to a public street and be easily visible from the street. Failure to properly post the sign (s) will result in either the postponement or denial of the appeal.

Click here to view the sign affidavit form in PDF format.

Request for Fee Waivers

To request that the filing fee for your appeal be waived, it is necessary that you forward a letter by mail or fax to the Administrator of the Board of Adjustment, Steve Long, stating that you would like your filing fee to be waived. The Administrator's fax number and address are (214) 670-4210 at City Hall, 1500 Marilla, 5BN, Dallas, Texas 75201.

In the letter, include the address of the property, the amount of the fee you need to have waived, and the reasons why you need the fee to be waived. Mail or fax a copy of this letter to Phil Sikes with Building Inspection. The fax number and address for Building Inspection are (214) 948-4374 and 320 E. Jefferson Blvd. #105, Dallas, Texas 75203.

The Administrator will make a staff recommendation to the Board, who ultimately will decide whether or not to grant the fee wavier. If a fee wavier is not granted, the full amount of the fee must be paid before a case can be filed or processed. Otherwise, you may pay the entire fee, file your case, and request a fee reimbursement by following the steps outlined above. Requesting a fee reimbursement will allow your case to be processed, where as requesting a fee wavier can delay the filing case.

Click here to view the sign affidavit form in PDF format.

Variance Approval is not a Building Permit

If your appeal is approved, you need to apply within 180 days for the actual permits needed to construct the proposed work. Note that the permit can be issued only within the limit of the approval (do not relocate a building after approval or a new appeal may be required).

Board-Related Phone Numbers

Phil Sikes, Zoning BDA Representative
(214) 948 - 4480

Steve Long, Board Administrator
(214) 670 - 4666

Melissa Lindelow, Compliance Administrator
(214) 670 - 5803

Sharon Seguin, Board Secretary
(214) 670 - 4206