Dallas City Code 6.345 through 6.360:
6.345 Parking Variances.
The city manager, or the city manager's designee, may authorize a variance from
the requirements of sections 6.300 to 6.330 if, due to special and unusual
circumstances, literal interpretation would cause an undue or unnecessary
hardship. In granting a variance, the city manager or the city manager's designee
may attach conditions necessary to protect the best interests of the surrounding
property or neighborhood and to otherwise achieve the purposes of sections 6.300
to 6.330. At the city manager's discretion, the city manager may refer a request for
a variance to the council.
6.350 Application.
An application for a variance by a vehicle owner or his authorized agent shall be
filed with the city manager on prescribed forms.
6.353 Appeal.
Any person aggrieved by a decision of the city manager to grant or deny a
variance under section 6.345 may appeal such decision to the city council by
filing a notice of appeal with the city manager, together with an appeal fee of
$25.
6.355 Public Hearing.
In the event of an appeal filed under section 6.253, or if the city manager refers an
application for a variance to the council the appeal or variance shall be
considered by the council at a public hearing. The hearing shall be held within 30
days after the notice of appeal or application is filed. The manager shall give notice
of the hearing in the following manner:
(1) Notice shall be posted on neighboring property that would be directly affected
by the variance and at least four copies posted within the affected area in a
prominent and conspicuous place, at least ten days before the hearing. The
notice shall be titled "Notice of Public Hearing Affecting this Area," in letters of at
least one inch in height.
(2) By sending notice by mail, not less than ten days before the date of the hearing,
to the owners of the property abutting the property involved, as shown on the
records of the county assessor. Failure of a person to receive notice specified in
these subsections shall not invalidate any procedures in connection with the
application for a variance.
No variance shall be granted unless it can be shown that all of the following conditions
exist:
(1) The use authorized by the variance will not create a hazardous condition for
vehicular or pedestrian traffic.
(2) The use authorized by the variance will not cause an unreasonable
inconvenience or disturbance to persons residing on neighboring properties.
(3) Exceptional or extraordinary conditions apply to the applicant in the use of the
applicant's vehicle that do not apply generally to others and over which the
applicant has no control.
(4) The variance requested is the minimum variance from the provisions and
standards of sections 6.300 to 6.330 which will alleviate the hardship.
6.360 Conditions.
