Page 14 - Legal Aid CRP EJ Toolkit

Here is a breakdown of the issues identified:

Violating Zoning Regulations: Figure 4 indicates the hotspots of potential incidences of zoning
compliance violations identified across the four study areas. Missing permits, incorrect land use
for the current zoning, improper management of the site causing violations, and residential
adjacency issues were all considered in this summary. The worst offender for these criteria was
the Pleasant Grove/Kleberg area per percentage of industry. However, the highest number of
offenses overall was in Southeast Oak Cliff.
No Certificates of Occupancy (CO): A certificate of occupancy is needed for the first use of land
or a building, a change in the use of land or a building, a change of tenant on an existing CO, or
an increase or decrease of the floor area of an existing use. Without going through the
appropriate permit channels to obtain the CO, basic oversight of the land use is abdicated.
Several sites lacked a CO (neither available online nor at the Oak Cliff Municipal Center), had
expired COs, the CO was for a previous use that was no longer applicable, or had a CO that did
not accurately reflect the current use. The worst offender for this criteria was the South Dallas
study area.

No Specific Use Permit (SUP): A specific use permit (SUP) provides a means for developing
certain uses in a manner in which the specific use will be compatible with adjacent property and
19
is consistent with the character of the neighborhood . The SUP requirement for a use in a
district does not constitute an authorization or an assurance that the use will be permitted, and
impact on the community is assessed in this permitting process through community
20
involvement . Several sites did not have a SUP, but are required to have an SUP based on their
zoning and use; some sites had expired SUPs. Lacking a SUP should be of public concern
because the SUP permitting process is an opportunity for members of the public to voice their
opinion in favor of or opposition to the permitting of the industrial use. Missing an SUP also
does not allow the use to be reviewed to determine if it is compatible with the existing
surrounding land uses. Without the permitting process, citizens lose a valuable opportunity to
participate in the public hearing process, which ultimately determines the uses allowed in their
community.

Zoning Violation (land use and operation): This category refers exclusively to sites that are
operating without the correct underlying zoning or have the correct underlying zoning but are
violating the regulations they are supposed to abide by (i.e., don’t have a 9-foot fence or are too
close to residential properties).
500 Foot Distance Required But Not Met: There are some industries that are required to be at
least 500 feet away from residentially zoned areas. The percentages are large across the four
areas because the total number of industry that require that distance is only a portion of the total.

19 City of Dallas, City Attorney. “Dallas City Code.” Chapter 51A. Division 51A-4.219. Specific Use Permit (SUP).
20 City of Dallas, City Attorney. “Dallas City Code.” Chapter 51A. Division 51A-4.219. Specific Use Permit (SUP).
13