For AI agents: read the machine-readable documentation index at /llms.txt or the single-file full reference at /llms-full.txt.
Form a Business

OVERLAY DISTRICTS

Fort Worth Zoning Ordinance ch. 4, art. 4
in effect

Fort Worth Zoning Ordinance § 4.400 CONSERVATION (“CD”) OVERLAY DISTRICT.

§ 4.400 CONSERVATION (“CD”) OVERLAY DISTRICT. (a) Purpose and intent. (1) The City of Fort Worth has many unique and distinctive residential neighborhoods and commercial areas which contribute significantly to the overall character and identity of the city but may lack sufficient historical, architectural or cultural significance at the present time to be designated as a historic district. The city council recognizes the need to preserve, protect and enhance the value of these areas and wished to provide a means of conserving the distinctive atmosphere or character of areas by protecting or enhancing their significant architectural or cultural attributes through the establishment of conservation districts. (2) Tex. Local Government Code § 211.003 authorizes the City of Fort Worth to regulate and restrict the construction, alteration, reconstruction or razing and of buildings and other structures in “designated places and areas of historic, cultural or architectural importance and significance.” The conservation district provides for the establishment of regulations concerning the conservation of existing buildings and new construction and their settings in designated places of architectural or cultural importance and significance. It is recognized that there are areas in the city where the application of conservation district zoning could assist in the conservation of architectural and cultural attributes and thereby contribute to the stability or stabilization of these areas: (3) The provisions of this article are intended: a. To protect and strengthen desirable and unique physical features and design characteristics; b. To promote and provide for economic revitalization; c. To protect and enhance the livability of the city; d. To reduce conflict and prevent blighting caused by incompatible and insensitive development, and to promote new compatible development; e. To stabilize or enhance property values; f. To provide residents and property owners with a planning tool for future development; g. To encourage and strengthen civic pride; and h. To ensure the harmonious, orderly and efficient growth and redevelopment of the city. (b) Zoning classification and authority. (1) Designation is a means for property owners to initiate and implement programs for the conservation or revitalization of neighborhoods and commercial areas. The conservation overlay district and its regulations shall be applicable to each property within the district in addition to the regulations of the base underlying zoning classification where the property is located. (2) Separate ordinances are required to designate each conservation district. Ordinances designating each district shall identify the designated boundaries, applicable designation criteria and design standards for that district. (3) Any zoning district may be followed by the suffix “CD,” indicating that such zoning district is subject to the use and development regulations of both the designated district and the conservation district design standards. The zoning designation for property located within a conservation district shall consist of the base zone symbol and the overlay district symbol “/CD” as a suffix. (4) Designation of an area by the city council as a conservation district (“CD”) is intended as a zoning overlay which supplements the primary underlying zoning district classification. The permitted uses of the property shall be determined and controlled by the use regulations set forth for the primary zoning district classification for the property. Property designated as a conservation district may have additional overlay designations. (5) The height of structures and minimum dimensions of lots and yards shall be determined by the regulations set forth for the underlying, primary zoning district classification except where height and area regulations are specified in conservation district design standards adopted by the city council. No conservation district can restrict height to less than two stories over the entire footprint of the original structure. (6) If there are any conflicts between the adopted design standards of the conservation district and any provision of the zoning ordinance, the provisions of the adopted design standards of the conservation district shall apply. (7) If there are any conflicts between the provisions of this article and any other provision of the zoning ordinance, the most restrictive regulation shall apply in the absence of a specific directive to the contrary. (c) Procedures for establishing a conservation district. (1) Following a request for designation of a conservation district, the planning and development department shall develop a conservation plan for the proposed district that includes: a. Statement of purpose and intent; b. Maps indicating boundaries, age of structures and existing land use within the proposed district; c. Maps and other graphic and written materials identifying and describing the distinctive neighborhood and building characteristics and goals of the proposed district; d. A list of all property owners (with legal addresses), neighborhood associations and/or other organizations representing the interests of property owners in the proposed district; and e. Design standards. (2) All property owners within the proposed district shall be afforded the opportunity to participate in drafting the conservation plan, which will be approved as part of the zoning ordinance creating a conservation district. (3) Authority to initiate. A zoning application for designation as a conservation district must be filed with the planning and development department. An application shall be initiated either: a. By petition (form provided by the planning and development department) signed by the owners who collectively own more than 50% or more of the individual tracts, parcels or platted lots, to be located within the boundaries of the proposed district, and the request of the owners who collectively own 50% or more of the land area, excluding streets and alleys, to be located within the boundaries of the proposed district. Two or more platted lots developed together shall be counted as one lot. Each vacant platted lot of sufficient size to be developed under the current zoning designation for the property shall be counted as one lot; or b. By the city council. (d) Designation criteria. To be designated as a conservation district, the area must meet the following criteria: (1) Contain a minimum one block length (both sides of the street); an exception for one block face (one side of the street) may be allowed when different land uses or development patterns exist on the opposite side of the street; (2) At least 50% of the land area in the proposed district is presently improved, unless created to preserve a special or natural streetscape characteristic; and (3) Possess two or more of the following distinctive features that create a cohesive identifiable setting, character or association: a. Scale, size or type of construction; b. Lot layouts, setbacks, street layouts, alleys or sidewalks; c. Special natural or streetscape characteristics, such as creek beds, parks, greenbelts, gardens or street landscaping; or d. Abuts or links designated historic landmarks and/or districts. (e) Design standards. (1) The conservation plan approved as part of the zoning ordinance creating a conservation district shall include objective design standards for new construction of any building or structure, or the relocation or rehabilitation to the street facade of an existing building or structure. The design standards shall be applied administratively by city staff. (2) The conservation plan and requisite design standards shall not apply to those activities which constitute in-kind replacement or repair, ordinary repair and maintenance that is using the same or similar material and design. (3) The design standards for the conservation district shall include, at a minimum, the following elements governing the physical characteristics and features of all property (public or private) within the proposed district: a. Building height, number of stories (may not restrict to less than two stories over the entire footprint of the original structure); b. Lot coverage; c. Lot size; d. Front and side yard setbacks; and e. Driveways, hardscape covering. (4) In addition, the design standards may include, but shall not be limited to, the following elements: a. Building orientation; b. General site planning (primary, ancillary structures); c. Garage entrance location; d. Street trees; e. Height of fences and walls; f. Right-of-way (exceeding public works standards); g. Principal elevation features; and h. Building form. (5) The proposed standards shall be submitted with the application to the zoning commission and the city council. No conservation district may be established in the city unless the city council first approves the design standards for the district in accordance with this article. (6) Copies of the approved standards shall be on file in the planning and development department and in the deed records of the county in which the property is located. (7) Any modification of adopted design standards must be approved by the city council following the same procedure used for promulgation of the original standards. Invalidation of any of the standards shall not affect the validity of any other portion. (f) Public hearing. (1) At least ten days prior to the zoning commission public hearing, notices of the time and place of the meeting shall be mailed to all addresses of property owners and residents shown on the application, to any additional addresses of properties in the proposed district as shown on the last approved city tax roll, and to any registered neighborhood associations located within the proposed district. Notice may be served by depositing the same, properly addressed and postage paid, in the United States mail. (2) No area shall be designated as a conservation district without the recommendation of the zoning commission. The zoning commission shall conduct a public hearing on the proposed designation within 45 days after receipt of the application for designation and the proposed conservation plan by the planning and development department, or as soon thereafter as is reasonably practicable. The hearing shall be in the same manner and according to the same procedures for amending the zoning map as set forth in Chapter 3, Article 5. (3) City council hearing. The city council shall give notice and conduct its hearing on the zoning commission’s recommendation concerning the proposed conservation plan within 45 days of receipt of the recommendation of the zoning commission, or as soon thereafter as is reasonably practicable. The city council shall review the conservation plan and shall approve the same, with or without modifications, at the public hearing on the proposed designation. The city council shall give notice, follow the publication procedure, hold the hearing and make its determination in the same manner and according to the same procedures for amending the zoning map as set forth in Chapter 3, Article 5. (4) If the owners of at least 20% of an area nominated for designation or located within 200 feet of a proposed conservation district protest such designation by submitting a written, signed protest, the affirmative vote of at least three-quarters of all members of the city council is required in order for the designation to take effect. (g) Recording of designations on zoning map. Upon designation of an area as a conservation district, the city council shall direct that the designation to be recorded on the official zoning maps of the city. (h) Filing of designation and guidelines in property records. Record of designation of an area as a conservation district and the corresponding district guidelines shall be recorded in the official property records of the county in which the property is located by the planning and development department. (i) Administration/enforcement. No building permit shall be issued for new construction or any alteration or addition to the street facade of an existing building or structure within a designated conservation district without the submission and approval of design plans and the issuance of a certificate of appropriateness by the director of planning and development or his or her designee. All work performed pursuant to a certificate of appropriateness shall conform to any requirements included herein. It shall be the duty of the planning and development and code compliance department to assure compliance. If work is performed that is not in accordance with the certificate of appropriateness and verification by the building official, the building official shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on a project while a stop-work order is in effect. Properties located in a conservation district that are designated “HC” historic and cultural landmark or “HSE” highly significant endangered shall comply with the most restrictive regulation. (j) Appeal; penalties. (1) Any owner dissatisfied with the decision of the director planning and development or his or her designee to deny a certificate of appropriateness shall have the right to appeal the decision to the board of adjustment. The request for appeal must be made within ten calendar days after receipt of notification of such action, by filing a written notice of appeal with the city secretary and the planning and development department. The board of adjustment may authorize a variance from the design standards of a conservation district if it is determined that the variance will not be contrary to the public interest (refer to Review Procedures, § 3.400 Variances). The board of adjustment shall schedule a hearing on such appeal within 30 days after receipt of the notice of appeal, or as soon thereafter as is reasonably practicable. (2) Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with the provisions of this article shall be fined not more than $2,000 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (3) The provisions of this section shall apply in addition to other enforcement procedures or penalties, which are available at law or in equity. (Ord. 18900, eff. 11-10-2009; Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012)

Fort Worth Zoning Ordinance § 4.401 HISTORIC PRESERVATION ORDINANCE - HISTORIC OVERLAYS.

§ 4.401 HISTORIC PRESERVATION ORDINANCE - HISTORIC OVERLAYS. (a) Purpose and intent. As a matter of public policy, the identification, protection, enhancement, and perpetuation of landmarks or districts of historical, cultural, architectural, or archeological significance are necessary to safeguard and promote the economic, cultural, educational, and general welfare of the public. It is recognized that Fort Worth represents the unique confluence of time and place that has shaped the identity of generations of citizens, collectively and individually, and has produced significant historical, cultural, architectural, and archeological resources that exist as the visual and tangible evidence of cultural identity. This § 4.401 may be referred to as the Historic Preservation Ordinance. The provisions of the Historic Preservation Ordinance are intended to: (1) Encourage the identification, documentation, evaluation, and recording of resources that may have significance and integrity that reflect the cultural heritage of Fort Worth; (2) Protect, preserve, and perpetuate the cultural heritage of Fort Worth, including its landmarks and districts of historical, cultural, architectural, or archeological importance; (3) Facilitate education and awareness opportunities for the benefit of elected officials, appointed bodies, city departments, and the public at large regarding the cultural heritage of Fort Worth and the benefits of utilizing historic preservation to achieve the goals and vision of Fort Worth; (4) Foster civic pride by recognizing accomplishments of the past; (5) Promote the cultural heritage of Fort Worth, celebrate the economic prosperity and welfare of the community through the preservation of Fort Worth's cultural heritage, and recognize the support and stimulus to the economy provided by residents and visitors alike; and (6) Safeguard the significance of Fort Worth's cultural heritage by ensuring managed change that is appropriate to its historic context. (b) City historic preservation officer. (1) Appointment. The City of Fort Worth, through a departmental director designated by the city manager, must appoint a historic preservation officer ("HPO"), who has expertise in archaeology, history, architecture, historic architecture, historic preservation, or a closely-related field and meets the relevant Secretary of the Interior's Professional Qualifications Standards. (2) Powers, duties, and responsibilities. The HPO has the following powers, duties, and responsibilities: a. Administer the city's Certified Local Government Program in cooperation with the National Park Service and the Texas Historical Commission and coordinate the city's historic preservation activities with those of state and federal agencies; b. Act as staff liaison to the historic and cultural landmarks commission ("HCLC") and advise city departments, commissions, and city council on matters relating to the city's cultural heritage; c. Manage and maintain the historic resource survey in consultation with the HCLC and in accordance with this Historic Preservation Ordinance; d. Administer the city's historic site tax exemption program; e. Except as specifically set forth otherwise in this Historic Preservation Ordinance, review all applications required under this Historic Preservation Ordinance for completeness and appropriateness; f. Coordinate with local, state, and national nonprofit preservation organizations and advise property owners, architects, designers, realtors, contractors, and other decision-makers on matters relating to the city's cultural heritage; and g. Exercise such other and further powers as may be conferred on the HPO by this Historic Preservation Ordinance or any other city codes and ordinance. (c) Identification and designation of cultural resources. (1) Establishment of historic overlay categories. There are three categories of protection for historically, culturally, architecturally, or archeologically significant properties in Fort Worth, as follows: a. Highly significant endangered ("HSE"); b. Historic and cultural landmark, if an individual structure or site ("HC"), or historic and cultural landmarks district, if more than one structure or site ("HC District"); and c. Demolition delay ("DD"). (2) Criteria for designation. The following criteria, as well as the criteria applied to evaluate districts for inclusion in the National Register of Historic Places, must be used to establish the significance and integrity of property or neighborhoods and their features and to evaluate the eligibility of a property as a historic property or HC District: a. Significance. 1. Is distinctive in character, interest, or value and exemplifies the cultural, economic, social, ethnic, or historical heritage of the City of Fort Worth, State of Texas, or the United States. 2. Is an important example of a particular architectural type or specimen or embodies elements of architectural design, detail, material, or craftsmanship that represent a significant architectural innovation in Fort Worth. 3. Has been identified as the work of an important architect or master builder whose individual work has contributed to the development of Fort Worth. 4. Has been identified with a person or persons who significantly contributed to the culture and development of the City of Fort Worth, State of Texas, or the United States. 5. Bears a significant relationship to other distinctive buildings, structures, sites, objects, or areas, either as an important collection of properties of architectural style or craftsmanship with few intrusions, or by contributing to the overall character of the area according to a plan based on architectural, historic, or cultural motif. 6. Possesses significant archeological value, which has produced or is likely to produce data affecting theories of historic or prehistoric interest. 7. Is the site of a significant historic event. 8. Is designated as a Recorded Texas Historic Landmark, State Archeological Landmark, or an American Civil Engineering Landmark or is listed on the National Register of Historic Places. b. Integrity. A property's ability to convey its significance, taking into consideration the following seven factors: location, design, setting, material, workmanship, feeling, and association, as set forth in National Register of Historic Places' Seven Aspects of Integrity. (3) Eligibility for designation. a. Eligibility for HSE designation. An individual property may be designated HSE if it meets the following qualifications: 1. Three or more of the criteria for significance; 2. The necessary criteria for assessing integrity; and 3. Threatened by deterioration, damage or irretrievable, irreplaceable loss due to neglect, disuse, disrepair, instability, lack of financial resources, development pressures, or demolition. b. Eligibility for HC and HC District designations. 1. Individual property. An individual property may be designated as HC if it meets the following qualifications: i. Two or more of the criteria for significance; and ii. The necessary criteria for assessing integrity. 2. District. i. An area, which includes two or more properties that possesses a significant concentration, linkage, or continuity of buildings, sites, structures, or objects united historically or aesthetically by plan or physical development, may be designated as a HC District if it meets the following qualifications: A. Three or more of the criteria for significance; and B. The necessary criteria for assessing integrity; and C. Where a proposed HC District is composed of a single geographic area of contiguous properties, then at least 51% or more of the historic properties in the district must be contributing; or D. Where a proposed HC District is composed of two or more definable significant areas separated by nonsignificant areas, then the historic properties must be spatially discrete. ii. An existing HC District may be amended or otherwise altered to include additional properties or settings provided that such properties and settings (1) meet the criteria for HC District designation and (2) have a similar historic context and character that reasonably relates to the existing HC District, either by architectural, historical, or cultural motif. c. Eligibility for DD designation. A property may be designated DD if it meets the following qualifications: 1. One or more of the criteria for significance; and 2. The necessary criteria for assessing integrity. (4) Criteria and special considerations for removal or change of historic designation. a. Criteria. 1. Subject to any special considerations, the HSE, HC, HC District (either in whole or in part), or DD designation may be removed for the following reasons: i. The individual property or HC District, either in whole or in part, no longer conforms to the criteria for significance and integrity under this Historic Preservation Ordinance; or ii. Such designation creates an unreasonable economic hardship in accordance with the provisions of this Historic Preservation Ordinance. 2. The DD designation may be removed if it no longer conforms to the criteria for significance and integrity or changed to HC or HSE if it satisfies the applicable criteria for significance and integrity. The DD designation must be removed if the property is demolished in accordance with this Historic Preservation Ordinance. 3. Any historic property designated as HC may be changed to HSE if the property meets the designation criteria for HSE, even if the property is part of a HC District. b. Burden of proof. The party seeking removal of a designation has the burden of proving, by a preponderance of the evidence, that the subject property no longer satisfies the criteria for designation. c. Special considerations. 1. HC District designation removal. The HC District designation may be removed only from a district as a whole and not from individual sites or structures located within a HC District, except when the boundary of an existing HC District has been reduced in accordance with this Historic Preservation Ordinance and then, removal of such designation will only apply to those properties that have been excluded from the reduced boundary. 2. HSE designation removal. The party seeking removal of a HSE designation on the basis that such property is no longer endangered must simultaneously nominate such property for designation as HC. The requests for removal of the HSE designation and designation of such property as HC must be considered and decided concurrently; provided, however, the city council is not required to designate such historic property as HC upon removal of a HSE designation. 3. DD change to HC District. If a historic property designated as DD is subsequently nominated as, or becomes, part of a HC District, then such property will be subject to all applicable interim controls and elevated to HC District designation upon approval by the city council. 4. HSE in HC District. Any historic property designated as HSE will retain such HSE designation if it is subsequently nominated as, or becomes, part of a HC District, except as otherwise set forth in this Historic Preservation Ordinance. Any historic property designated as HSE within a HC District must comply with the standards and guidelines applicable to the HC District within which it is located. (5) Procedures for designation and designation removal. a. Step 1: nomination for designation and designation removal. 1. City council. i. The city council may nominate an individual property or HC District for historic designation or designation removal by adopting a resolution to nominate such and directing the HPO to submit the same to the HCLC for consideration. Nominations by the city council will not require the submission of an application for designation; however, the HCLC may not consider a nomination until such time as the HPO acquires the information necessary to report on the eligibility and criteria applicable to the nomination. ii. The nomination of an individual property or HC District for historic designation or designation removal by the city council will be deemed to have been nominated on the effective date of the adopted resolution. 2. HCLC. The HCLC may initiate the nomination process for historic designation or designation removal of an individual property or HC District by adopting a resolution directing the HPO to submit a complete application for designation or designation removal to the HCLC for consideration. The HCLC may not consider such application until its next regularly or special-called meeting. 3. City manager. The Fort Worth city manager or that person's authorized designee may initiate the nomination process for historic designation or designation removal of an individual property or HC District by directing the HPO to prepare and submit a complete application for designation to the HCLC for consideration. 4. Property owners. Property owner(s) of an individual property or a property within a proposed HC District may initiate the nomination process for historic designation or designation removal by submitting a completed and signed application to the HPO. 5. i. Application. The application for historic designation and designation removal will be promulgated by the HPO; provided; however, that the application must, at a minimum, require a detailed summary explaining how the subject property or HC District meets the criteria necessary for historic designation or designation removal, as applicable. ii. HC District. In addition to the application requirements set forth above, an application for HC District designation, including any related historic district expansion, or designation removal, including any district reduction, must contain the following: A. A windshield survey that consists of a completed survey form and photograph of every property, their settings, streetscapes, and unique characteristics of the HC District. B. Draft standards and guidelines or a copy of the Secretary of the Interior's Standards for the Treatment of Historic Properties for a proposed HC District. HC District design standards and guidelines must, at a minimum, meet the requirements of the Secretary of the Interior's Standards for the Treatment of Historic Properties. C. A list of contributing and non-contributing resources for the HC District. D. Research that establishes the significance of the property in the proposed HC District, which includes a statement of significance. E. Signatures of property owners in support of the application who collectively own: (i) Fifty percent or more of the land and the individual tracts, parcels, or platted lots located within the following boundaries: (A) For HC District designation removal, the existing HC District; (B) For HC District designation, the proposed HC District; or (C) For HC District expansion, both the proposed expanded HC District and existing HC District. (ii) Two or more platted lots developed together will be counted as one lot. (iii) Each vacant platted lot of sufficient size to be developed under the current zoning designation for the property will be counted as one lot. 6. Effective date of nomination. An individual property or HC District for which an application for historic designation or designation removal has been submitted by the HCLC, city manager, or property owner(s) will be deemed to have been nominated for such on the date that the HPO determines an application for designation or designation removal, as applicable, to be complete. b. Step 2: notice of nomination for designation or designation removal and interim controls. 1. Notice of nomination for designation or designation removal. i. Upon being nominated, the HPO must mail a notice of nomination for historic designation or designation removal, as applicable, to all affected property owner(s) at least ten calendar days before the scheduled HCLC hearing. ii. For individually- nominated properties, the affected property owner is the owner or owners of the property that is the subject of the application. iii. For nominations of HC District designation or designation removal, the affected property owners are each individual property owner within the HC District; provided, however, that HC District expansion nominations must also include each individual property owner within the proposed expansion area. iv. The most recently approved county tax roll showing the name and address of the owner(s) must be used for notice purposes. 2. Interim controls. The city council finds that immediate, temporary controls are necessary to protect properties for which a notice of nomination for historic designation as a historic property has been mailed. Therefore, any property for which a notice of nomination as such has been mailed will be subject to the Certificate of Appropriateness ("COA") requirements contained in this Historic Preservation Ordinance, effective beginning on the date that the HPO mails a notice of nomination and expiring 180 days thereafter or until the proposed historic designation is denied, whichever is sooner. In the event that the proposed historic designation is approved, the property will be subject to all COA requirements applicable to such historic designation. Permits issued by the city prior to the effective date of the interim controls will not be subject to interim controls or the COA requirements. Interim controls do not apply to historic designation removals. 3. Relief from interim controls. i. It is the intent of the city council to preserve historic property whenever possible, in recognition of the fact that historic properties have been needlessly demolished, resulting in vacant lots. ii. The owner(s) of the property for which the interim controls apply may seek relief from the interim controls by doing the following: A. Requesting a COA in accordance with this Historic Preservation Ordinance; or B. Filing a written request with the HPO within ten calendar days after receipt of the notice of nomination, detailing any unusual and compelling circumstances justifying such relief. (i) HCLC hearing. The HCLC must conduct a hearing on the matter within 15 calendar days after the request for relief is filed. The HCLC may consider factors such as the existence of a written, bona fide sales contract for the property; plans for relocation or demolition of the property; plans for development of the property; the effect of the interim controls on such plans; and other unusual and compelling circumstances justifying relief from the interim controls. (ii) HCLC decision. In the event that the HCLC finds unusual and compelling circumstances justifying relief from the interim controls, then the HCLC may, for properties nominated by application, approve the request and order any of the following: (A) Expedite review of the nomination; (B) Reduce the term of the interim controls; (C) Release the owner from such controls; or (D) Take such other action as the HCLC deems to be appropriate. (iii) City council. For property that is nominated by the city council, any approval and order of the HCLC will be a recommendation for consideration by the city council. c. Step 3: consideration by the HCLC. 1. The HPO must schedule a hearing before the HCLC for consideration of the historic designation or designation removal within 45 calendar days after the effective date of a nomination, or as soon thereafter as is reasonably practicable. 2. After conducting a hearing on the matter, the HCLC must recommend approval or denial to the city council or continue the designation or designation removal to a certain date. d. Step 4: consideration by the zoning commission. 1. The matter must be submitted to the zoning commission for its review and recommendation within 45 calendar days after the HCLC makes it recommendation, or as soon thereafter as is reasonably practicable. 2. The zoning commission must give notice and conduct its public hearing on the matter in accordance Chapter 3 of the city's Zoning Ordinance. e. Step 5: city council hearing and action. 1. After both the HCLC and Zoning Commission make their recommendations, the matter must be submitted to the city council for its review and consideration. 2. The city council must give notice and conduct a hearing on the matter in accordance with Chapter 3 of the city's Zoning Ordinance. f. Step 6: post designation and designation removal requirements. 1. Recording of designations on zoning map. Upon designation as a historic property, the city's zoning administrator will cause the appropriate designation to be recorded on the official zoning maps of the City of Fort Worth. All zoning maps must indicate the appropriate overlay abbreviation and the marks indicating the primary underlying zoning district classification. HC District may be recorded as either HC District or HC. 2. Filing of designations in property records. Property owners that file an application for designation must record the applicable designation in the official property records of the county in which the property is located within ten calendar days of designation by the city council and provide proof of such filing to the HPO. Proof of recordation by the property owner must be provided to the HPO prior to the receipt of any subsequent historic site tax exemption from the City of Fort Worth. For city-initiated designations, the zoning administrator is responsible for filing such designation in the official property records of the county in which the property is located. 3. Post-designation removal requirements. Within ten business days after the city council approves the removal of the applicable historic designation, the zoning administrator must remove such historic designation from the official zoning maps of the City of Fort Worth and record such designation removal in the official property records of the county in which such property is located. (6) Relationship to base zoning districts. a. Except as otherwise set forth in the city's Zoning Ordinance, designation of a property by the city council as HSE, HC, HC District, or DD is a zoning overlay to the primary zoning district classification. The permitted uses of the property will be determined and controlled by the use regulations set forth for the primary zoning district classification for the property. b. Historic properties, including those in a HC District, are subject to the regulations of the base zoning district classification. However, where the adopted design standards and guidelines of a HC District or the Secretary of the Interior's Standards for the Treatment of Historic Properties, whichever is more restrictive, require a more historically appropriate yard setback, building height, lot dimension, or site configuration than the base zoning district allows, then the design standard and guidelines or the Secretary of the Interior's Standards for the Treatment of Historic Properties, as appropriate, will prevail. However, in no instance will this relieve the requirement for a variance from the board of adjustment in compliance with the provisions set out in this or any other city ordinance. c. For all instances where this Historic Preservation Ordinance will be applied, the prevailing precedence will be as follows: 1. Chapter 4, Article 4 of the city's Zoning Ordinance for all matters of process, procedure, and regulation. 2. The adopted standards and guidelines for a HC District and Secretary of the Interior's Standard for the Treatment of Historic Properties for all matters of rehabilitation, restoration, or preservation. 3. All other City of Fort Worth ordinances, regulations, or policies as they may apply to any action described within this Historic Preservation Ordinance. d. In no instance will the provisions of this Historic Preservation Ordinance be construed to exempt any issue of life safety or to provide relief from the provisions of the adopted building code without the written consent of the chief building official. e. If there is any conflict between the adopted design standards and guidelines and any provision of this Historic Preservation Ordinance, the most restrictive will apply. f. If there is any conflict between the provisions of this Historic Preservation Ordinance and any other provision of the city's Zoning Ordinance, the most restrictive regulation will apply in the absence of a specific directive to the contrary. g. The board of adjustment does not have jurisdiction to grant a variance from the Secretary of the Interior's Standards for the Treatment of Historic Properties or any design standards and guidelines applicable to historic properties that have been adopted by the city council. (7) Design standards and guidelines. The following are the procedures for creating, amending, or updating design standards and guidelines and lists of contributing historic properties. a. Creating or amending design standards and guidelines. 1. Property owners that submit an application to nominate a property as HSE, HC, or HC District, must submit, with the application, a set of proposed design standards and guidelines following the principles set forth in the Secretary of the Interior's Standards for the Treatment of Historic Properties. The standards and guidelines must be prepared by the applicant with the assistance of the HPO. The applicable design standards and guidelines must be adopted concurrently with the designation of the property. 2. The HPO must review design standards and guidelines on a periodic basis to determine if updates or amendments are necessary. 3. Any amendments or updates to an individual property or HC District's design standards and guidelines, or the creation thereof if none were adopted at the time of historic designation, must, at a minimum, meet the requirements of the Secretary of the Interior's Standards for The Treatment of Historic Properties. b. Process for creating and amending standards and guidelines. 1. Step 1: request to create or amend standards and guidelines. i. City council or HCLC. The city council or HCLC may request amendments to any adopted design standards and guidelines, or the creation of standards and guidelines if none were adopted at the time of historic designation, by adopting a resolution directing the HPO to submit recommendations to the HCLC for consideration. ii. HPO. The HPO may initiate the process for amending any adopted design standards and guidelines, or creating standards and guidelines if none were adopted at the time of historic designation. iii. City manager. The city manager or that person's authorized designee may request amendments to any adopted design standards and guidelines, or the creation of standards and guidelines if none were adopted at the time of historic designation, by directing the HPO to initiate the process for such. iv. Property owners. The property owner(s) of a historic property or those within a HC District may request amendments to their adopted design standards and guidelines, or the creation thereof if none were adopted at the time of designation, by submitting a petition in support of the request to the HPO. For HC Districts, the petition must be signed by property owners that own 50% or more of the land and the individual tracts, parcels, or platted lots located in the HC District. 2. Step 2: notice and community outreach. i. The HPO must notify the affected property owners that the design standards and guidelines are under review for amendments or that the creation of design standards and guidelines is being considered if none were adopted at the time of historic designation. For purposes of this process, the affected property owners will be the same as those set forth in the notice of nomination for historic designation section of this Historic Preservation Ordinance. ii. The HPO must meet with property owners in the affected HC District to discuss the proposed design standards and guidelines prior to scheduling a review by the HCLC. 3. Step 3: consideration by the HCLC. i. Once the HPO has sent notice and conducted community outreach, and the proposed design standards and guidelines have been prepared, the HPO must schedule a hearing before the HCLC for consideration and send notice of such hearing to all affected property owners. ii. After conducting a hearing on the request to amend or create design standards and guidelines, the HCLC must recommend approval, with or without revisions, or denial to the city council or continue the request to a certain date. 4. Step 4: consideration by the zoning commission. i. After the HCLC makes its recommendation on the request to amend or create design standards and guidelines, the request must be submitted to the zoning commission for its review and recommendation. ii. The zoning commission must give notice and conduct its public hearing on the request in accordance with Chapter 3 of the city's Zoning Ordinance. 5. Step 5: city council hearing and action. i. After the HCLC and the zoning commission make their respective recommendations on the request to amend or create design standards and guidelines, then the request must be submitted to the Fort Worth city council for its review and consideration. ii. The Fort Worth city council must give notice and conduct a hearing on the request in accordance with Chapter 3 of the city's Zoning Ordinance. c. Adopted standards and guidelines. The adopted standards and guidelines must be used by the city staff in implementing the intent and purpose of this Historic Preservation Ordinance. Invalidation of any portion of the design standards and guidelines will not affect the validity of any other provisions. Any then existing design standards and guidelines will remain in effect until the city council approves any amendments or revisions to the same. (8) Creating or amending a contributing historic properties list. The list of contributing historic properties for a HC District may be created or amended, as needed, in accordance with the criteria and procedures set forth herein. a. Creating or amending a contributing historic properties list. 1. Property owners that submit an application to nominate properties as HC District, must submit a list of contributing and non-contributing historic properties within the proposed HC District with the application. The list must be prepared by the applicant with the assistance of the HPO. The owners of properties nominated for designation as HC District by the HCLC, City council, or city manager will cooperate with the HPO in the preparation of said list. When submitted with an application for historic designation, the list of contributing and non-contributing historic properties should be adopted concurrently with the designation of the HC District. In the event that the list is not adopted at the same time as the designation of the HC District, the procedure below for creating a new contributing and non-contributing historic properties list will apply. 2. The HPO will review the lists of contributing and non-contributing historic properties for each HC District on a periodic basis to determine if updates or amendments are necessary. b. Initiation of the process. 1. City council or HCLC. The city council or HCLC may adopt a resolution directing the HPO to conduct an evaluation of the contributing status of historic properties within an existing HC District. 2. HPO. The HPO may initiate the process for, and conduct the evaluation of, the contributing status of historic properties within an existing HC District. 3. Property owners. A property owner may submit an application a written request and designation application to the HPO requesting an evaluation of the contributing status of a property. The HPO must evaluate the application in relation to the contributing status of the owner's historic property within an existing HC District. Should the application be deemed incomplete, the HPO may request additional information of the applicant in order to determine the contributing status of the historic property. c. Consideration by the HPO. 1. The HPO must perform an evaluation and make a determination of the contributing status of the subject historic property once the HPO has deemed an application to be complete. 2. Once the HPO makes a determination of the contributing status of a historic property, then the HPO must provide notice of its determination to the property owner(s) and the requesting party within 30 calendar days, or a reasonable time thereafter. 3. Should the HPO find that the subject property meets the definition of a contributing or non-contributing historic property, then the HPO will have authority to amend the status, unless the prior status of the historic property was approved by city council in which case the city council will have such authority. 4. A property owner may appeal the HPO's determination to the HCLC pursuant to the procedures set forth in this Historic Preservation Ordinance under § 4.401(g) below. (d) Certificates of appropriateness (changes to historic properties). (1) Review required. a. HC and HSE. Except as may otherwise be permitted in this Historic Preservation Ordinance, any historic property designated or pending designation as HC or HSE requires the submission of an application for a COA, review for appropriateness, and issuance of a COA in accordance with the provisions of this Historic Preservation Ordinance prior to the commencement of any exterior work on such historic property, including, but not limited to, construction, alteration, demolition, relocation, and repair. b. DD. Except as may otherwise be permitted in this Historic Preservation Ordinance, any historic property designated or pending designation as DD requires the submission of an application for a COA, review for appropriateness, and issuance of a COA only for demolition or relocation in accordance with the provision of this Historic Preservation Ordinance prior to the commencement of any such demolition or relocation work. c. Emergency securing of property. The city department charged with emergency securing of property, in cooperation with the HPO, may perform emergency measures to secure any historic property that is in imminent danger of collapse and a hazard to the public health, safety, or welfare without the necessity of a COA application, review for appropriateness, or COA; provided, however, that the HPO must receive written notice of such emergency securing measures and the date and time that the same will occur. The city will use its best efforts to minimize damage to the historical and architectural elements of the historic property. (2) Level of review. Once the HPO deems an application for a COA to be complete, the HPO will determine whether the application will be evaluated for appropriateness by the HPO or the HCLC as set forth in this Historic Preservation Ordinance. a. HPO review. Except where such jurisdiction conflicts with the powers and duties conferred upon the HCLC pursuant to this Historic Preservation Ordinance or Appendix A, § 2.103 of the city code, the HPO has original jurisdiction to evaluate applications for appropriateness and issue COAs; provided, however, the HPO may refer any application, or any portion thereof, to the HCLC for review and consideration. b. HCLC review. The HCLC has original jurisdiction to evaluate applications for appropriateness, or any portion thereof, and issue COAs for the following: 1. New construction of a primary structure; 2. All waivers from applicable design standards and guidelines; 3. Demolition and relocation of individually designated historic properties and contributing historic properties in HC Districts, except those for emergency demolitions; 4. Requests for determination of whether individually designated historic properties and contributing historic properties in HC Districts can be reasonably rehabilitated pursuant to the city's Minimum Building Standards Code, including, but not limited to, Chapter 7, Article 4, § 7-109 of the city code; 5. Historic properties owned by a governmental entity, including, without limitation, the City of Fort Worth, Independent School Districts, and Counties; and 6. Referrals from the HPO. (3) Criteria for evaluation of an application for appropriateness. a. 1. Criteria for evaluation of work other than demolition or relocation. In determining the appropriateness of a COA application, the Secretary of the Interior's Standards for the Treatment of Historic Properties must be applied in conjunction with any applicable city codes and design standards and guidelines adopted by the city council. 2. Waivers from design Standards and guidelines. An applicant has the right to request a waiver from the applicable design standards and guidelines if a COA has been denied for failure to meet the applicable criteria, unless the requested item is specifically prohibited by such standards and guidelines in which case a waiver will not be considered. i. Burden of proof. To receive a waiver from the applicable design standards and guidelines, the applicant must prove one of the following by a preponderance of the evidence: A. That no reasonable opportunity exists to recover the cost of the work that is required by the design standards and guidelines. In determining whether to grant such a waiver, the HCLC should consider the totality of the circumstances and weigh the following factors: (i) The cost to perform the work in compliance with the applicable design standards and guidelines; (ii) The value of the property; (iii) The extent to which a waiver is necessary to allow the owner a reasonable opportunity to recover the cost of the work; (iv) Whether granting the waiver will harm an existing or proposed historic designation; (v) Whether the applicant has applied for any tax incentives from the city, including, without limitation, the historic site tax exemption; and (vi) Whether the proposed work is in harmony with the spirit and purpose of this Historic Preservation Ordinance. B. (i) That no reasonable opportunity exists to technically execute the work that is required by the applicable design standards and guidelines. (ii) In determining whether there is a reasonable opportunity to technically execute the work, the HCLC should evaluate the feasibility of physically performing the rehabilitation work on the property. ii. Alternatives. The HCLC and the HPO, in consultation with the property owner, must explore alternatives to the proposed work that will preserve the historic property to the greatest extent feasible. b. Criteria for evaluation of demolition and relocation. 1. Demolition or relocation request by an applicant other than the City of Fort Worth. i. HSE and HC Designations. A. Demolition. Where an applicant requests a COA for demolition of a historic property, then the HCLC or HPO, as appropriate, may approve such COA if it finds that the applicant has established at least one of the following by a preponderance of the evidence: (i) Loss of Significance. The applicant must prove that the subject historic property has lost its historical significance, as evidence by the following: (A) The property has undergone significant and irreversible changes or new information reveals that the property is no longer eligible for historic designation or contributing status; (B) Such significant and irreversible changes were not caused either directly or indirectly by the owner, and were not due to intentional or negligent destruction or a lack of maintenance rising to the level of a demolition by neglect; and (C) Such irreversible changes are impractical and unlikely to be reversed. (ii) Unreasonable economic hardship. The owner of the historic property must prove an unreasonable economic hardship in accordance with this Historic Preservation Ordinance. (iii) Non-contributing status. Because non-contributing historic properties do not contribute to the historic, cultural, or architectural significance of a HC District, the applicant must prove that the subject property is located in a HC District and classified as non-contributing and would not be eligible to be a contributing historic property if re-evaluated by the HPO or HCLC. B. Relocation. In considering whether to approve or deny an application for a COA for relocation of a historic property, the HCLC or HPO, as appropriate, must consider the totality of the circumstances and weigh the following considerations: alternatives, rarity, structural integrity, nature of threat, streetscape integrity, setting of the existing and recipient sites, and interim and long-term protection. ii. DD designations. Where an applicant, other than the City of Fort Worth, requests a COA for demolition or relocation of a historic property designated or pending designation as DD, then the HCLC may not deny approval of the COA. However, the HCLC may delay the issuance of a demolition or relocation permit for up to 180 calendar days from the date of the HCLC's original hearing on the application for a COA to allow the HCLC, local preservation groups, and other interested parties to explore alternatives to demolition or relocation. A. In determining the length of any delay for demolition, the HCLC must consider the effectiveness of any proposed alternatives and matters that may cause a hardship to the applicant, including, without limitation, financial and development issues. B. In determining the length of any delay for relocation, the HCLC must be guided by the relevant considerations applicable to relocation. C. Should the HCLC fail to approve a specific delay period by an affirmative vote, the maximum delay of 180 calendar days will be required. 2. Demolition request by the City of Fort Worth. i. Minimum building standards. A. Owners, or other persons or entities, having legal custody and control of a historic property have an ongoing obligation to maintain such historic property in accordance with the city's Minimum Building Standards Code. B. In determining whether a historic property should be demolished as a result of neglect, the city must follow the processes and procedures set forth in the city's Minimum Buildings Standard Code, including, but not limited to, Chapter 7, Article 4, § 7-109 of the City Code concerning the preservation of historic properties. ii. Emergency demolition. The HPO may approve a demolition permit for an emergency demolition for a historic property if the city's building code official or development inspection supervisor (or a similar position within the city) determines that such historic property is in imminent danger of collapse and a hazard to the public health, safety, or welfare. Prior to doing so, the city's building code official or development inspection supervisor (or a similar position within the city) must inspect the property and document, in writing, the findings and reasons requiring an emergency demolition, a copy of which must be forwarded immediately to the HPO. Such process will not require the submission of an application for a COA or review for appropriateness. (4) Review process. a. Step 1: submission of an application for a COA. 1. An applicant must file an application for a COA with the HPO, which will be in a form promulgated and approved by the HPO. Once the HPO determines the application for appropriateness to be complete, the HPO will determine the appropriate level of review. The application must, at the very least, require the following items from all applicants: i. Rationale for how the proposed change is compatible with designation as HSE or HC; ii. Rationale and evidence supporting loss of significance or proof of unreasonable economic hardship, where applicable; iii. A condition assessment of the historic property for demolition requests; iv. Rationale and evidence supporting the criteria for relocation, including, without limitation, any contextual plans that show the relationship between the existing historic property to be relocated and its recipient site, which may include, without limitation, elevations and site and building sections; v. Signature of the applicant verifying that the application is complete and correct; and vi. Any other information that the HCLC or HPO may determine to be reasonably necessary. 2. Demolition by way of minimum building standards. i. To demolish a historic property, the city must follow the processes and procedures set forth in the city's Minimum Buildings Standard Code, including, but not limited to, Chapter 7, Article 4, § 7-109 of the city code concerning the preservation of historic properties. ii. The HPO or HCLC may also file a written request with the city department charged with enforcing the city's Minimum Building Standards Code, requesting that the city pursue a case against a historic property. b. Step 2a: review and action by the HPO. 1. In considering an application for a COA, the HPO must, after taking into consideration the criteria for evaluating appropriateness, either approve, deny, or refer the application to the HCLC within 30 calendar days after determining that the application is complete, or as soon thereafter as is reasonably practicable. 2. The HPO may approve the application for appropriateness with or without conditions. 3. The HPO is not required to provide notice to the public of applications for appropriateness for which the HPO has jurisdictional review authority, unless the HPO refers such an application to the HCLC for review. c. Step 2b: review and action by the HCLC. 1. Public hearing required. i. All applications requiring review and a COA by the HCLC must be considered by the HCLC at its next available public hearing after the application has been determined to be complete by the HPO, or as soon thereafter as is reasonably practicable. ii. If an applicant is appealing a decision of the HPO, then such review by the HCLC must be considered by the HCLC at its next available public hearing after the Fort Worth city secretary and the HPO receive the applicant's notice of appeal, or as soon thereafter as is reasonably practicable. 2. Consultation meeting. For COA applications involving demolition or relocation where the city is not the applicant, the HPO will coordinate a consultation meeting at the historic property that is the subject of the demolition or relocation, or another location agreed upon by the meeting attendees. The meeting must include the applicant, property owner(s), city staff, and interested parties. The purpose of the meeting is to consult, in good faith, in a diligent effort to seek alternatives to demolition or relocation. This requirement is not considered a prerequisite to the demolition or relocation of a particular historic property if the HPO has diligently pursued such meeting to no avail. 3. Notice of public hearing. The HPO must mail a notice of public hearing to the property owner(s) located within 200 feet of the property listed on the application for a COA at least ten calendar days prior to the HCLC hearing for which it will appear. 4. Decision of the HCLC. The HCLC must conduct a public hearing on the applicant's request for a COA, taking into consideration the applicable criteria for evaluation. i. For properties designated or pending designation as HSE or HC, the HCLC must approve the case, with or without conditions, deny the case, with or without prejudice, or continue the case to a date certain. ii. For properties designated or pending designation as DD, the HCLC must approve the COA, subject to any delay or conditions imposed. d. Step 3. written decision for a COA. All decisions of the HPO and the HCLC concerning a COA must be in writing and state the decision and any findings necessary to support such decision. The HPO must mail a written copy of any decision to the applicant within 30 calendar days after such decision has been rendered. (5) Conditions for issuance of a COA for demolition and relocation. a. HSE and HC. As a condition for the issuance of a COA for demolition or relocation of a historic property designated or pending designation as HSE or HC, the HCLC or HPO, as appropriate, may require any of the following: 1. Preparation of a salvage plan; 2. Documentation of the historic property; i. Photographs of the historic property or features to be demolished; ii. Written documentation of the significance of the historic property; and iii. Documentation that the site has been rezoned, replatted, variances granted, or that other development requirements have been met. 3. Scaled drawings of the floor plan and exterior elevations; 4. Scaled plan indicating the dimensions of the site and exact location of each structure, property, and landscape feature on the site; 5. Preservation of trees, shrubs, and other landscaping of substantial significance; and 6. Any other information that the HCLC or HPO, as appropriate, may deem reasonably necessary to record the proposed demolition or relocation, such as documentation in accordance with the Historic American Building Survey or Historic American Engineering Record. b. DD. Owners of historic property designated as DD who have received a permit to demolish or relocate such property must document such historic property in accordance with the Historic American Buildings Survey Documentation Standards prior to the demolition or relocation. The owner must coordinate with the HPO in documenting such property. Such owners must grant access to the property to city staff during reasonable business hours to facilitate such documentation. (6) Additional requirements for demolitions and relocations. a. Upon verification by the HPO that the approved demolition or relocation has occurred, the HPO will prepare the following applications (where applicable): 1. For demolitions, an application to remove the historic designation from the property. 2. For relocations, an application to remove the historic designation from the vacant lot and designate the new lot where the historic structure has been moved, which designation must be equal to or better than the existing designation on the historic property. b. For relocations, a permit may not be issued for the development of the vacated lot until the rehabilitation of the relocated historic structure has occurred. c. The owner of a relocated historic property must stabilize and substantially rehabilitate the historic property within nine months from the date of approval. If the owner fails to meet the nine-month term, then the HPO may extend the deadline an additional six months. If a property owner fails to meet the applicable deadline, the city may pursue any and all available remedies, including, but not limited to, those set forth in the penalties section of this Historic Preservation Ordinance. (7) Effect of a denial for COA. a. When an application for a COA has been denied with prejudice and all appeals have been exhausted, or when an applicant has withdrawn an application for appropriateness after such application has been scheduled for hearing before the HCLC, no new application of like nature will be accepted by the HPO or scheduled for a hearing before the HCLC for a period of 12 months following the final date of denial or withdrawal, unless the application is denied without prejudice. Any denial by the HCLC will constitute a denial with prejudice unless the HCLC specifically states on the record that the denial is without prejudice. b. Exception. If an applicant submits an application for a COA for the same Historic Property that sets forth substantially different changes to that property than those changes that were denied with prejudice or withdrawn in the original application, then the HPO may waive the mandatory delay period and authorize the acceptance as a new application to be considered anew in accordance with the process set forth in this Historic Preservation Ordinance. (8) Expiration of a COA. If, within two years from the date of the issuance of a COA, the historic property owner has not begun construction as evidenced by issuance of a building permit or a written contractual obligation to undertake a program of on-site construction, then such COA will expire. If the work for which a COA is approved is not completed within 3 years from the date that the COA is issued, then the COA will expire. The HCLC may grant extensions to allow the applicant to complete the work if it finds by a preponderance of the evidence unusual and compelling circumstances justifying relief from the completion deadline. (9) Other permits required. Any COA required by this Historic Preservation Ordinance will be in addition to any other permits, variances, or approvals required by local, state, or federal law, and must be obtained prior to the approval of any building, demolition, relocation or other permit that is required by any code or ordinance of the City of Fort Worth. (10) Enforcement. a. All work performed pursuant to any approvals granted in this Historic Preservation Ordinance, including, but not limited to, a COA, must conform to the requirements set forth in this Historic Preservation Ordinance. b. The HPO must periodically inspect any such work to ensure compliance. The building official must issue a stop-work order for any work that is not in compliance with this Historic Preservation Ordinance and all such work must immediately cease. No further work can be undertaken on a project while a stop-work order is in effect, except at the discretion of the HPO where work is deemed to not require a COA or other review as provided by this Historic Preservation Ordinance. c. Within ten business days after receiving a stop-work order, a property owner must submit an application for all necessary approvals. Where a property owner fails to submit such application within the required time period, the City may pursue any and all available remedies, including, but not limited to, those set forth in the penalties section of this Historic Preservation Ordinance. (e) Unreasonable economic hardship. (1) Declaration of unreasonable economic hardship. The HCLC may declare that an unreasonable economic hardship exists as a basis for: a. Recommending removal of a designation for historic property; or b. Issuing a COA approving the demolition of historic property designated or pending designation as HSE or HC. (2) Burden of proof. When a claim of unreasonable economic hardship is asserted, the historic property owner must prove the following by a preponderance of evidence: a. The historic property is incapable of earning a reasonable rate of return in its current or rehabilitated state, regardless of whether that return represents the most profitable return possible, unless the HSE, HC, or DD designation, as applicable, is removed or the proposed demolition is allowed; b. The historic property cannot be reasonably adapted for any other feasible use, whether by the current owner or by a purchaser, which would result in a reasonable rate of return; and c. The historic property owner has demonstrated reasonable, good faith efforts to find a purchaser or tenant interested in acquiring or leasing the historic property. (3) Proof of hardship. a. The information to be considered as evidence of an unreasonable economic hardship must include, at a minimum, the following items, all of which must be submitted to the HPO as part of an application asserting an unreasonable economic hardship. 1. For all structures and property: i. The original purchase price of the structures and property; ii. The name and legal status (e.g., partnership, corporation) of the owner(s); iii. For proposed demolitions, a signed building assessment report from a licensed engineer or contractor, with experience in rehabilitation, as to the structural soundness of any structures on the historic property and their suitability for rehabilitation and including a cost estimate for repairs; iv. A cost estimate for demolition; v. The past and current use of the historic property; vi. The assessed value of the historic property according to the two most recent tax assessments; vii. The amount of real estate taxes on the property for the previous two years; viii. The date of purchase or other acquisition of the historic property; ix. Principal balance and interest rate on the current mortgage and the annual debt service on the historic property, if any, for the previous two years; x. All appraisals obtained by the owner or applicant within the previous two years in connection with the owner's purchase, financing or ownership of the historic property; xi. Any listing of the historic property for sale or rent, asking price, and offers received; xii. Any consideration given by the owner to profitable adaptive uses for the historic property; xiii. Any replacement construction plans for proposed improvements on the historic property; xiv. Financial proof of the owner's ability to complete any replacement project on the historic property, which may include, without limitation, a performance bond, a letter of credit, a trust for completion of improvements, or a letter of commitment from a financial institution; and xv. Proof that the owner's affirmative obligations to maintain the historic property make it impossible for the owner to realize a reasonable rate of return on the historic property. 2. Additional requirements for an income producing historic property: i. Annual gross income from the property from the previous two years; ii. Itemized operating and maintenance expenses from the previous two years; and iii. Annual cash flow, if any, from the previous two years. 3. The HCLC or HPO may require that an applicant furnish additional information relevant to a determination of unreasonable economic hardship. b. Claims of unreasonable economic hardship by the historic property owner must not be based on conditions resulting from the following: 1. Evidence of demolition by neglect or other willful and negligent acts by the owner; 2. Purchasing the property for substantially more than market value at the time of purchase; 3. Failure to take into account historic properties in the planning and design stage of development or proposed development; 4. Failure to perform normal maintenance and repairs; 5. Failure to diligently solicit and retain tenants; or 6. Failure to provide normal tenant improvements. (4) Unreasonable economic hardship for HC Districts. a. Where an individual historic property in a HC District is demolished pursuant to a COA issued as a result of an unreasonable economic hardship, then the historic property that was the subject of the COA for demolition must retain its designation as a historic property within the HC District and will be subject to all requirements for historically designated property that are set forth in this Historic Preservation Ordinance. b. HC District designation can only be removed from the entire HC District in accordance with the process for removal of historic designations set forth in this Historic Preservation Ordinance. (f) Historic site tax exemption. (1) Purpose and intent. The purpose of this section is to set out the parameters that encourage the appropriate treatment of historic properties through the use of tax exemptions. With the exception of historic site tax exemptions of the entire assessed value of a particular structure, the intent of the historic site tax exemption is and has always been for the property receiving the tax exemption to be in the same position vis-à-vis City of Fort Worth taxes for the entire term of the exemption, assuming that market values are generally increasing. (2) Authority. The tax exemption described in this section is adopted pursuant to the authority provided in Article 8, Section 1-f of the Texas Constitution and Tex. Tax Code § 11.24. In accordance with Tex. Tax Code § 11.24, a structure that is individually designated as HSE or HC or located in a HC District, and the land necessary for access to and use of the structure, is deemed to be a historically significant site in need of tax relief to encourage its preservation. (3) Pre-existing historic site tax exemptions. a. Any application for a historic site tax exemption submitted on or after May 1, 2018 will be governed by the provisions of this § 4.401(f) of the Historic Preservation Ordinance. An application for a historic site tax exemption that was submitted prior to May 1, 2018 will receive consideration under the ordinance then in effect; provided, however, that any application for a historic site tax exemption that was received by the HPO on or before December 31, 2015, and that does not receive approval and verification of a tax exemption that commences on January 1, 2019, will automatically expire without further notice to the applicant. b. A historic site tax exemption lawfully granted by the city council prior to May 1, 2018 under the ordinance then in effect remains valid until expiration or termination. (4) Eligibility. a. Subject to the provisions of this § 4.401(f), a structure that is individually designated as HSE or HC or a contributing historic structure located in a HC District, and the land necessary for access to and use of the structure, that is substantially treated in accordance with this Historic Preservation Ordinance will be eligible to receive a historic site tax exemption. For purposes of this § 4.401(f), any use of the term "Structure and Land" is intended to refer to the eligible structures (which includes improvements) and land set forth immediately above. b. An application for a historic site tax exemption must be received and approved by the HPO prior to the commencement of treatment to be eligible to receive the historic site tax exemption. Failure to meet this requirement will bar eligibility for a historic site tax exemption. c. The Structure and Land will be eligible to receive a historic site tax exemption once every 20 years, provided that the requirements set forth in this section have been met and the Structure and Land are not in violation of the Zoning Ordinance, including this Historic Preservation Ordinance. The 20 year period begins in the year that the corresponding historic site tax exemption commences. d. Eligible costs for substantially treating a structure includes those costs incurred for, and that reasonably relate to, treatment. 1. Costs incurred for treatment of the following non-exclusive list of items are deemed eligible costs: i. Structural walls; ii. Structural subfloors; iii. Structural ceilings; iv. Exterior doors; v. Exterior paint; vi. Windows; vii. Exterior brick veneers or treatments; viii. Roof and gutter where necessary for structural integrity; ix. Facade items; x. Foundation; xi. Termite damage and treatment; xii. Mechanical, electrical wiring, and plumbing systems; xiii. Architectural and engineering services if directly related to the eligible costs described above; xiv. Elevators; and xv. Demolition and cleanup if directly related to the eligible costs described above. 2. Costs incurred for treatment of the following non-exclusive list of items are deemed ineligible costs: i. Plumbing and electrical fixtures, except those fixtures that are a documented replacement of historic fixtures; ii. Security and fire protection systems; iii. Overhead; iv. Taxes; v. Supervisor payroll; vi. Repairs of construction equipment; vii. New additions; viii. Purchase or rental of tools and equipment; and ix. Any other items not directly related to the exterior appearance or the structural integrity or viability of the structure. e. All work must be performed in accordance with the provisions of this Historic Preservation Ordinance and all applicable federal, state, and city laws, rules, and regulations. f. The owner of the Structure and Land must ensure that the HPO is permitted to investigate the same prior to commencing any treatment work to assess eligibility for the historic site tax exemption. g. The Structure and Land will not be eligible for a historic site tax exemption nor will any property owner receive any form of refund for city ad valorem taxes paid on the Structure or Land for any years prior to verification and approval of a historic site tax exemption by the Fort Worth City Council. h. Multi-family residential facilities that are eligible for a historic site tax exemption under § 32-41 of the City Code will not be eligible to receive a tax exemption under this section of the Historic Preservation Ordinance after May 1, 2018. i. Properties receiving a tax abatement within a City of Fort Worth Neighborhood Empowerment Zone are not eligible to apply for or receive a historic site tax exemption until after expiration of the abatement. j. 1. The property tax exemption provided under this Historic Preservation Ordinance is intended to be of limited duration only and is not intended to limit property values or tax assessments for a longer or permanent duration such as those associated with an ad valorem tax limitation. 2. Notwithstanding anything to the contrary in this Historic Preservation Ordinance, if an individual qualifies a property (i) to receive a special valuation under Tex. Tax Code, Chapter 23, Subchapters B through H except for a homestead special valuation under Tex. Tax Code § 23.23 or (ii) to receive an ad valorem tax limitation, then the applicable historic site tax exemption ends, effective on the date on which the special valuation or ad valorem tax limitation becomes effective, such that the historic site tax exemption will not be included in calculating any such tax limitation. (5) Description of historic site tax exemption. a. During the term of the historic site tax exemption, the Structure and Land will receive an exemption in an amount equal to the difference between the following: 1. The City of Fort Worth current-year taxable value after application of any other applicable exemptions, including, without limitation, the homestead exemption; and 2. The City of Fort Worth base-year taxable value after application of any other applicable exemptions, including, but not limited to, the homestead exemption. b. Below are examples of the intended application of the tax exemption as applied to a property receiving the city's homestead exemption of 20% on the appraised value and no other exemptions (other than the historic site tax exemption). 1. Base year: assume appraised value of $100,000. Base year appraised value $100,000 - Homestead exemption - $20,000 Base year taxable value $80,000 2. Year 3: assume appraised value increases to $120,000. Appraised value $120,000 - Homestead exemption - $24,000 Current year taxable value $96,000 - Base year taxable value - $80,000 Historic site tax exemption $16,000 3. Year 5: assume appraised value increases to $140,000. Appraised value $140,000 - Homestead - $28,000 Current year taxable value $112,000 - Base year taxable value - $80,000 Historic site tax exemption $32,000 4. Year 6: assume appraised value decreases to $80,000. Appraised value $80,000 - Homestead - $16,000 Current year taxable value $64,000 - Base year taxable value - $80,000 Historic Site Tax Exemption $0 5. Year 10: assume appraised value increases to $110,000. Appraised value $110,000 - Homestead - $22,000 Current year taxable value $88,000 - Base year taxable value - $80,000 Historic Site Tax Exemption $8,000 c. As reflected in the examples above, a historic site tax exemption only applies in those years during the exemption's term in which the property's taxable value (after application of other applicable exemptions) is greater than the property's base-year taxable value. d. As shown in Example 4 above, if in any year a property's taxable value (after application of other applicable exemptions) is less than the property's base-year taxable value, no historic site tax exemption will apply. The term of a historic site tax exemption will not be extended on the basis that the property's taxable value was less than the property's base-year taxable value in one or more years. e. As reflected in Example 5 above, if a property's taxable value subsequently exceeds the base-year taxable value, the historic property tax exemption will again apply to the extent the property's taxable value (after application of all other applicable exemptions) is greater than the property's base-year taxable value. (6) Term. a. Base term. The base term for the tax exemption is ten years, commencing on January 1 of the tax year immediately following verification and approval of the tax exemption by the Fort Worth city council. b. Extended term. To encourage early treatment of structures and land, if substantial treatment is completed and the Fort Worth city council verifies and approves the historic site tax exemption within two years after being designated as HSE, then the Structure and Land are eligible for an extended term of five years following expiration of the base term, resulting in a total duration of 15 years. Otherwise, the Structure and Land will only be eligible for the ten year base term. (7) Application process. a. Step 1: submission and review of application for tax exemption. 1. An applicant may initiate the application process for a historic site tax exemption by submitting a fully completed and signed application to the HPO, which will be in a form promulgated and approved by the HPO. The application for a historic site tax exemption must be submitted prior to commencing treatment. 2. An application for a historic site tax exemption may be processed concurrently with an application for any COA for the same structure. 3. Once an application for a historic site tax exemption is deemed complete by the HPO, the HPO will send the property owner a letter that sets forth the date that the HPO determined the application to be complete, the base-year taxable value, the projected term of the historic site tax exemption, and the deadline for completion of substantial treatment. b. Step 2: deadline to complete substantial treatment. The deadline to complete substantial treatment will run concurrently with the deadline associated with a COA for the same treatment project in § 4.401(d)(8). c. Step 3: Verification of Substantial Treatment by the HPO. 1. After the subject Structure and Land has been substantially treated, the applicant must submit a sworn statement of completion to the HPO attesting to the fact that the Structure and Land that is the subject of the application for a historic site tax exemption has been substantially treated as required herein. 2. The sworn statement must be in a form promulgate and approved by the HPO; provided, however, that the form must, at the very least, require the applicant to provide copies of all receipts for costs and be signed and sworn to by the property owner of the Structure and Land that is the subject of the application. 3. No later than 30 business days after receiving the sworn statement of completion and any required supporting documents from the historic property owner, the HPO must make an investigation of the subject Structure and Land to verify whether the treatment project has been completed. If the HPO finds that the Structure and Land that is the subject of the application for the historic site tax exemption have not been substantially treated or the treatment does not comply with the applicable COA, then the HPO must notify the applicant, in writing, of its decision, along with the reasons supporting any such findings. The applicant will have until the applicable deadline to complete the treatment project or remedy any identified deficiencies. If the HPO finds that the Structure and Land that is the subject of the application for the historic site tax exemption have been substantially treated in accordance with the applicable COA, then the HPO must recommend approval of such tax exemption to the HCLC and the Fort Worth city council. d. Step 4: consideration by the HCLC. 1. Once the HPO verifies that the Structure and Land that is the subject of an application for a historic site tax exemption have been substantially treated, then the HPO will schedule a hearing before the HCLC for consideration of the exemption. 2. The HCLC must conduct a hearing and recommend approval or denial of the historic site tax exemption to the city council or continue the case to a date certain. e. Step 5: consideration by city council. 1. No less than once per calendar year, the HPO must submit to the Fort Worth city council for consideration any outstanding applications for verification of historic site tax exemptions that have received a recommendation from the HCLC. 2. The city council may declare the property to be entitled to the historic site tax exemption as provided herein upon verification of completion of treatment project. f. Step 6: execution of commitment to repay. 1. Following approval of a historic site tax exemption by the Fort Worth city council, the property owner must record a commitment to repay document provided by the HPO as a notice of the historic site tax exemption and commitment to repay taxes in the event of default. Failure to record such a document in the official property records of the county where the property is located may result in the delay of receipt of a historic site tax exemption. 2. The purpose of the commitment to repay is to provide information on the approved scope of treatment work, the terms of the historic site tax exemption, and penalties for negligently or willfully destroying the subject property during the term of the exemption. 3. The commitment to repay must be filed by the owner in the official property records of the county where the property is located, will run with the land, and will bind the owner and any heirs and assigns. Within ten calendar days of filing, the owner must provide the HPO with a copy of the receipt or invoice proving that the commitment to repay has been filed. Any unpaid amount will constitute a lien against the property. Failure to record such a document may result in the delay of receipt of the historic site tax exemption. g. Step 7: notification of taxing authorities. 1. The HPO will give written notice of approval of the historic site tax exemption to the chief appraiser of the appraisal district for the county in which the property is located and designated staff for the City of Fort Worth. 2. Thereafter, the property owner will be entitled to the applicable historic site tax exemption, commencing on January 1 of the tax year immediately following verification and approval by the Fort Worth city council. 3. Nothing in this section relieves the property owner from the responsibility to apply to the appraisal district for the county in which the property is located each year for the historic site tax exemption pursuant to the terms of the Texas Tax Code. (8) Transferability of historic site tax exemption. The benefits of the historic site tax exemption are transferrable to subsequent owners of the same property. (9) Expiration of historic site tax exemption. Upon expiration of the base term or extended term, as applicable, the historic site tax exemption automatically expires without further action by the city, and the Structure and Land will be taxed in accordance with all applicable laws. (10) Loss of historic site tax exemption. a. Where a historic property designated as HSE or HC is partially destroyed or altered or completely demolished as a result of willful or negligent acts or omissions without the appropriate city approvals, the HPO will notify the owner of violations in writing and specify a deadline for correction of such violations if such a correction is feasible. The HPO may amend the deadline as needed. If satisfactory corrective measures are not undertaken within the time specified or corrective measures are not feasible, then the HPO may initiate procedures to terminate the historic site tax exemption by scheduling the case for review by the HCLC. The HCLC must make a recommendation to city council concerning whether to terminate the tax exemption. Upon approval of the termination of the exemption by Fort Worth city council, the HPO will notify the chief appraiser of the appropriate appraisal district of the termination of the exemption and the property owner will be required to repay the greater of the city taxes exempted, plus interest calculated at the rate of ten percent per year, or the maximum amount allowed by law pursuant to the terms of the commitment to repay. The city's remedies pursuant to the commitment to repay will be in addition to all rights and remedies pursuant to the Texas Tax Code. b. Where a historic property designated as HSE or HC is completely demolished, partially destroyed, or altered due to an event that is not the result of a willful act or negligence, and it is determined that repair is unfeasible, or the damage is irreversible and has caused the property to lose historical significance or status as a contributing historic property to a HC District, the HPO will notify the chief appraiser of the appraisal district of the termination of the historic site tax exemption. Repayment of the tax revenues and interest is not required. (g) Appeals. (1) Appeal of the HPO. An applicant may appeal the decision of the HPO to the HCLC. A written notice of appeal must be filed with the Fort Worth City Secretary's Office and the HPO within 15 calendar days after the HPO mails written notification of such decision to the applicant. The written notice of appeal must specify the grounds for appeal. Any appeal to the HCLC will be reviewed de novo. (2) Appeal of the HCLC. a. Eligibility. An interested party may appeal all decisions of the HCLC to the Board of Adjustment, except those relating to historic designations and tax exemptions (which are decided by the Fort Worth city council). A written notice of appeal must be filed with the Fort Worth city secretary's office and the HPO within 15 calendar days after the HPO mails written notification of the decision to the applicant. The written notice of appeal must specify the grounds for appeal. b. Public hearing. A hearing on such appeal will be scheduled with the Board of Adjustment within 30 calendar days after the city secretary's office and the HPO receive the written notice of appeal, or as soon thereafter as is reasonably practicable. The HPO will forward a complete record of the matter, including, but not limited to, a transcript of the hearing before the HCLC, to the board of adjustment. At the hearing, the city and the applicant, will have the opportunity to be heard. The board of adjustment may consider the testimony and evidence concerning the previous recommendations and actions of city staff and the HCLC. c. Standard of review. The standard of review before the board of adjustment is the substantial evidence test. The burden of proof is on the appealing party to establish that the record reflects the lack of substantial evidence in support of the HCLC decision. d. Decision of the board of adjustment. 1. The board of adjustment may affirm or reverse any decision of the HCLC or remand any case, either in whole or in part, back to the HCLC for further review. i. The board of adjustment must remand the matter back to the HCLC in instances where testimony and evidence material to the matter is presented that was not previously available at the time of the HCLC hearing. ii. The board of adjustment must reverse the decision of the HCLC if the HCLC's decision is not reasonably supported by substantial evidence, considering the record as a whole. iii. The board of adjustment may not substitute its judgment for the judgment of the HCLC on the weight of the evidence on questions committed to the HCLC's discretion. 2. Administrative remedies exhausted. An appeal hearing before the board of adjustment will exhaust the administrative remedies of the appellant under this Historic Preservation Ordinance. (h) Penalties. (1) Fines. Any person or entity that fails to comply with the provisions of this Historic Preservation Ordinance will be subject to the fines set out in § 1-6 of the city code. (2) Restrictions on future development. a. If a historic property is demolished or relocated without a COA, then the following restrictions set forth below will be applicable to the property at the site where the property was formerly located: 1. No building or other permits will be issued for construction on the property, with the exception of a permit to restore such property after obtaining a COA, for a period of five years after the date of such demolition or relocation; 2. No permits will be issued by the city for any curb cuts on the property for a period of three years from and after the date of such demolition or relocation; 3. No parking lot for vehicles will be operated on the property for a period of three years from and after the date of such demolition or relocation; and 4. The owner of the property must maintain the same in a clean and orderly state and must properly maintain all existing trees and landscaping on the site. b. When these restrictions become applicable to a particular property, the HPO will cause to be filed a verified notice thereof in the real property records of the county where the property is located and such restrictions will then be binding on future owners of the property. The restrictions imposed by this section will be in addition to any applicable fines. (3) Cumulative remedies. The provisions of this section are cumulative of all other enforcement procedures and penalties that are available at law or in equity, including, but not limited to, those available for adversely affecting historic structures or property under Tex. Local Gov’t Code §§ 54.001 et seq., 211.001 et seq., 214.001 et seq., and 315.006 and Tex. Gov’ Code § 442.016. (Ord. 19026, eff. 2-9-2010; Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012; Ord. 20735-05-2013, §§ 1—4, passed 5-7-2013, eff. 5-21-2013; Ord. 21086-12-2014, § 1, passed 1-7-2014, eff. 2-7-2014; Ord. 21272-06-2014, § 3, passed 6-3-2014; Ord. 21272-06-2014, § 5, passed 6-3-2014; Ord. 23166-04-2018, § 2, passed 4-3- 2018)

Fort Worth Zoning Ordinance § 4.402 URBAN DESIGN DISTRICT-DOWNTOWN.

§ 4.402 URBAN DESIGN DISTRICT-DOWNTOWN. (a) Purpose and intent. The purpose of the urban design district-downtown is to establish design standards for new construction and certain renovations of property in the downtown area in order to protect and enhance the character of downtown, encourage economic development and protect property values. (b) Boundaries of urban design district-downtown. The specific boundaries of the Urban Design District-Downtown are shown on the official zoning map maintained by the city and depicted and attached as Exhibit B.16. (c) Relationship of urban design district-downtown to base zoning districts. The urban design district-downtown is a zoning overlay that supplements the primary underlying zoning district classification. The permitted uses of the property shall be determined by the use regulations set forth for the primary zoning district classification for the property. Development of projects in the urban design district-downtown shall be subject to the downtown urban design standards in accordance with this section. In the event of any conflict between the design standards and any provision of this section, the design standards shall control. (d) Downtown urban design standards adopted. Development in the downtown urban design district (“DUDD”) is subject to the development standards and guidelines contained in the Downtown Urban Designs Standards and Guidelines as referenced in Exhibit “A”. The Downtown Urban Design Standards and Guidelines are hereby approved by the city council and are included in the zoning ordinance by reference. All future amendments to the Downtown Urban Design Standards and Guidelines must be considered by the zoning commission and approved by the city council in accordance with the procedure set out in Article 5, Chapter 3. (e) Certificate of appropriateness required. (1) Within the urban design district-downtown, issuance of a certificate of appropriateness reflecting compliance with the Downtown Urban Design Standards and Guidelines is required as a condition for the following: a. Issuance by the planning and development department of a building permit for construction of a new structure; b. Issuance by the planning and development department of a building permit for expansion of an existing structure; c. Issuance by the planning and development department of a building permit for renovation, remodeling or other alterations of the exterior of an existing structure; and d. Construction of a surface parking lot. (2) Applications for a building permit may be submitted in conjunction with an application for a certificate of appropriateness, however, no building permit shall be issued for construction, expansion, renovation, remodeling or other alterations on any building within the urban design district-downtown until a certificate of appropriateness reflecting compliance with the Downtown Urban Design Standards and Guidelines is approved by the downtown design review board and issued by the planning and development department. (f) Pre-design conference. A pre-design conference with the development services director or a designee is required before an applicant makes application for a certificate of appropriateness. Two copies of a site plan containing the following information shall be submitted to the development services director for discussion at the pre-design conference: (1) Footprints of all existing structures; (2) Proposed footprints of all new structures; (3) Existing structures adjacent to the property; (4) Existing and proposed floor plans of first and second floors (schematic drawings); (5) Building setbacks; (6) Location of parking areas; (7) Location of landscape areas; (8) Two copies of building elevations for all sides of the building; and (9) Photographs of the site and adjoining properties. (g) Application for certificate of appropriateness. The following materials shall be submitted to the planning and development department in connection with an application for a certificate of appropriateness. The materials must be submitted at least ten days before the meeting of the downtown design review board at which the application for a certificate of appropriateness will be considered. At the time application materials are submitted, the applicant shall receive a sign provided by the planning and development department that shall be posted on the project site at street level in a location readily visible to the public no less than ten days prior to the meeting of the downtown design review board: (1) Five copies of site plan including: a. Footprints of all existing structures; b. Proposed footprint of all new structures; c. Existing structures adjacent to the property; d. Building setbacks; and e. Location of parking areas, parking lot islands, driveways, sidewalks, walkways, loading areas, walls or fences, utilities, lighting, signage, at grade mechanical units, dumpsters and all other site improvements. (2) Five copies of landscape plan including location and dimension of areas to be landscaped (including private property, adjoining right-of-way and parking lot islands), total amount of landscaped area, location, number and planting size of all trees, shrubs and groundcover, location and coverage of irrigation system, and location and description of street furniture; (3) Five copies of schematic floor plans depicting the arrangement of interior spaces, location of windows and doors, mechanical equipment, electrical meter and utility locations. First floor site plans should show the relationship between the first floor and the site; (4) Five copies of schematic building elevations for all sides of the buildings(s) showing design of all elevations, existing grade, proposed grade, finish floor elevations, roof slopes, mechanical vents and equipment, location and type of outdoor light fixtures, design and location of all wall sign(s) and notations regarding exterior colors and material; (5) Material specification outline with samples, brochures and/or photographs of all exterior building and site materials, finishes and fixtures; and (6) For all detached signs, five site plans drawn to scale indicating sign location and drawings of proposed sign, lettering and graphics, drawn to scale of at least one-quarter inch to the foot including any support structures. Colors of the proposed sign shall be indicated on the drawing and actual color samples shall also be furnished. Any proposed illumination shall be indicated on the drawing. (h) Authority to approve certificate of appropriateness. (1) Approval of requirements concerning walkway areas, landscape, building edge and signs and banners, contained in the Downtown Urban Design Standards and Guidelines shall be by the downtown design review board. Meetings of the downtown design review board shall be conducted in accordance with § 2.104. (2) Approval of requirements concerning building edge and signs and banners contained in the Downtown Urban Design Standards and Guidelines shall be by the downtown design review board. Meetings of the downtown design review board shall be conducted in accordance with § 2.104. (i) Appeal. (1) Generally. All decisions of the development services director or a designee concerning walkway areas and landscape may be appealed by the applicant to the downtown design review board by submitting a written appeal to the city secretary within ten days after receipt of notification of the development services director’s or a designee's decision. Hearings by the downtown design review board shall be held in accordance with § 2.104. The downtown design review board may uphold, reverse or modify the decision of the development services director or a designee. (2) Appeals board. a. All decisions by the downtown design review board may be appealed to the board of adjustment by the applicant. A written notice of appeal must be filed with the city secretary within ten days after receipt of notification of the downtown design review board's decision. The written notice of appeal shall specify; 1. That the decision of the board is unreasonable, either in whole or in part; and 2. The grounds for the appeal. b. The board of adjustment shall schedule a hearing on such appeal within 30 days after receipt of the notice of appeal, or as soon as thereafter as reasonably practicable. Notice of such hearing shall be published with the city secretary in the city's official newspaper not less than the fifteenth day before the hearing. The secretary of the downtown design review board shall forward to the board of adjustment a complete record of the matter, including a transcript of the tape of the hearing before the downtown design review board. In consideration of an appeal, the board of adjustment shall: 1. Hear and consider testimony and evidence concerning the previous recommendations and actions of the city staff and the downtown design review board; 2. Hear new testimony and consider new evidence that was not available at the time of the hearing before the downtown design review board; 3. Apply the substantial evidence test to the decision of the downtown design review board, considering the record made before the downtown design review board; and 4. Have the option to remand any case back to the downtown design review board for further proceedings. c. The board of adjustment may uphold, reverse or modify the decision of the downtown design review board unless a continuance is agreed to by the owner/appellant. d. A hearing before the board of adjustment shall exhaust the administrative remedies of the property owner/appellant under this title. Any owner/appellant aggrieved by the decision of the board of adjustment may file in district court. (Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012; Ord. 21272-06-2014, § 5, passed 6-3-2014; Ord. 22268-06-2016, § 1, passed 6-14- 2016, eff. 7-24-2016; Ord. 22516-12-2016, § 1, passed 12-6-2016; Ord. 24030-02-2020, § 22, passed 2-4-2020; Ord. 28597-06-2026, § 5, passed 6-9-2026)

Fort Worth Zoning Ordinance § 4.403 PANTHER ISLAND PERIPHERAL ZONE (“PIP”) OVERLAY DISTRICT.

§ 4.403 PANTHER ISLAND PERIPHERAL ZONE (“PIP”) OVERLAY DISTRICT. (a) Purpose and intent. It is the purpose of the Panther Island peripheral zone overlay district to provide design standards and guidelines and administrative procedures for new construction and certain renovations in the peripheral zone areas to promote and encourage pedestrian-oriented, urban development, high-quality, sustainable development and creative design. (b) Boundaries of Panther Island peripheral zone. Peripheral overlay zones are described as follows and as shown on Exhibit B.21: Marine Creek Zone A parcel of land out of Isaac Thomas Survey, Abstract Number 1526, Tarrant County, Texas, being all of Block 20, and a portion of Block 10, Map of the Property of the Fort Worth Stock Yards Company, according to plat thereof recorded at Volume 388-A, Page 111, of the Plat Records of Tarrant County, Texas, and a portion of Lots 1, 2, 3, and 4, Block 167, and a portion of Lot 7, Block 168, M. G. Ellis Addition, according to plat thereof recorded at Volume 106, Page 64, of the Plat Records of Tarrant County, Texas, and a portion of the right-of-way of N.E. Twenty-Third Street, and being more particularly described by metes and bounds as follows to wit: BEGINNING at the northeast corner of said Block 20; THENCE with the east line of said Block, South 7 degrees 24 minutes East, 321.8 feet to its southeast corner; THENCE with the south line of said Block, the following courses and distances; North 78 degrees 42 minutes West, 102 feet; North 53 degrees 36 minutes West, 109.4 feet; North 54 degrees 58 minutes West, 112.4 feet; NORTH, 32.5 feet; And North 60 degrees West, 23 feet, to its southwest corner; THENCE with the west line of said Block, NORTH, 106 feet, to the south right-of-way of N.E. Twenty-Third Street; THENCE with said right-of-way, WEST, 360 feet, to the northwest corner of Block 172 of said M. G. Ellis Addition; THENCE crossing said right-of-way, North 43 degrees 44 minutes 05 seconds West, 86.79 feet, to the north right-of-way of N.E. Twenty-Third Street, and being the northwest corner of right-of-way Parcel 10, according to the Right-of-Way Map of N.E. 23 Street, on file at the City of Fort Worth, Transportation and Public Works Department, File Number K-755, and being in a curve having a radius of 555 feet; THENCE northwesterly with said curve to the right, an arc distance of 154,87 feet, to the north corner of right-of-way Parcel 7, according said Right-of-Way Map, and being in the east line of said Lot 4; THENCE with said east line, NORTH, 103.14 feet, to the north face of a 12" retaining wall on said Lot 3, according to the right-of-way and easement map of Marine Creek, on file at the City of Fort Worth, Transportation and Public Works Department, File Number 8-M-66, THENCE bisecting said Lot 4, North 76 degrees 41 minutes 05 seconds West, 51.46 feet, to the west line of said Lot; THENCE with said west line, North 00 degrees 20 minutes 37 seconds East, at 88.82 feet, pass the northwest corner of said Lot, in all 96.02 feet, to the northeast corner of that certain parcel of land out of said Block 10, described by deed recorded in Volume 9340 Page 1244, of the Deed Records of Tarrant County, Texas, and being in the west line of Lot 3, of Block 10-A, Fort Worth Stockyards Addition, according to plat thereof recorded at County Clerk’s Instrument Number D192196130; THENCE with the said west line, to and along the west line of Lot 1, according to said plat, the following courses and distances; North 63 degrees 11 minutes West, 173.3 feet; North 24 degrees 58 minutes West, 220.17 feet; North 19 degrees 03 minutes West, 97.8 feet, to the beginning of a curve having a radius of 1,050.32 feet; And Northerly with said curve to the right, an arc distance of 392.93 feet, to the most westerly northwest corner of said Lot 1; THENCE with the most westerly north line of said Lot, North 89 degrees 54 minutes 55 seconds East, some 50+ feet, to its intersection with the east line of the Marine Creek Floodway & Beautification (Permanent Easement to the City of Fort Worth) as shown on said plat; THENCE with said east line the following courses and distances; South 00 degrees 18 minutes 17 seconds East, 50.92 feet; South 89 degrees 47 minutes 54 seconds West, 5 feet; South 00 degrees 12 minutes 06 seconds East, 359.52 feet; And South 25 degrees 02 minutes 18 seconds East, some 50+ feet, to its intersection with the south line of said Lot 1; THENCE with said south line, North 89 degrees 41 minutes 57 seconds East, to and along the south line of Lot 2, according to said plat, and to and along the south line of Lot 4, Block 10-A, Fort Worth Stockyards Addition, according to plat thereof recorded at County Clerk’s Instrument Number D204114774, some 580 feet, to an ell corner of said Lot 4; THENCE with the most south west line of said Lot, South 00 degrees 12 minutes 47 seconds East, 259.09 feet, to its southwest corner; THENCE with the south line of said Lot, South 70 degrees 01 minutes 45 seconds East, 160.17 feet, to its southeast corner; THENCE with the east line of said Lot, North 00 degrees 12 minutes 52 seconds West, 150 feet; THENCE some South 68 East, bisecting the remainder of said Lot 3, of said Block 10-A, passing 10 feet South of the southwest corner of an existing building, some 400 feet, to the east line of said Lot 3; THENCE with said east line, South 00 degrees 08 minutes 16 seconds East, some 225 feet, to the southeast corner of said Block 10, and being in the original north right-of-way of N.E. Twenty-Third Street, according to said Map; THENCE crossing said right-of-way, South 02 degrees 33 minutes 30 seconds East, 59.6 feet, to the Place of Beginning. West Fork to Marine Creek A parcel of land out of Isaac Thomas Survey, Abstract Number 1526, Edmund Little Survey, Abstract Number 954, the J. Baugh Survey, Abstract Number 115, and the Felix G. Mulliken Survey, Abstract Number 1045, Tarrant County, Texas, and being more particularly described by bounds as follows to wit: BEGINNING at the northeast corner of Block 20 according to the Map of the Property of the Fort Worth Stock Yards Company, according to plat thereof recorded at Volume 388-A, Page 111, of the Plat Records of Tarrant County, Texas, THENCE with the east line of said Block and along a projection of said line, Southeasterly, to its intersection with the west line of Block 179, M. G. Ellis Addition, according to plat thereof recorded at Volume 106, Page 64, of the Plat Records of Tarrant County, Texas; THENCE with the west line of said Block, South, to its southeast corner; THENCE with the north right-of-way of N.E. Twenty-First Street, East, to the west line of the Fort Worth Belt Railway, as shown on said Map; THENCE with said west line Southeasterly, to its intersection with the south right-of-way of N.E. Twenty-First Street; THENCE with said right-of-way, and along its projection, East, to an ell corner of Block 18, according to said Map; THENCE with the most south west line of said Block, and to and along its projection, South, to the northwesterly right-of-way of the St. Louis Southwestern Railroad; THENCE Southwesterly, with said right-of-way, to and along the northwesterly right-of-way of the St. Louis San Francisco and Texas Railroad, some 0.7 miles, to its intersection with the north line of the proposed bypass channel of the West Fork of the Trinity River; THENCE with said north line, Northeasterly, to its intersection with the present west bank of the West Fork of the Trinity River; THENCE with said west bank, Northeasterly, to its intersection with the west right-of-way of Samuels Avenue; THENCE North with said right-of-way, to its intersection with the south right-of-way of N.E. Twenty-Third Street; THENCE with said right-of-way, West, to the Place of Beginning. University/Jacksboro A parcel of land out of the John Baugh Survey, Abstract Number 115, the Joseph N. Connor Survey, Abstract Number 355 the Richard Crawley Survey, Abstract Number 313, and the Robert O. Reeves Survey, Abstract Number 1293, Tarrant County, Texas, and being more particularly described by bounds as follows; BEGINNING at the intersection of the east right-of-way of Rockwood Park Drive Ramp to University Drive with the north bank of the man made channel of the West Fork of the Trinity River; THENCE northerly with said right-of-way, to and along the east right-of-way of University Drive, and northeasterly with said right-of-way, some 0.45 miles, to its intersection with the southwesterly right-of-way of Jacksboro Highway; THENCE southeasterly with said right-of-way and its projection, to its intersection with said north bank, some 60 feet southwesterly of the centerline of the Jacksboro Highway and Henderson Street Bridge over said River; THENCE upstream with said bank, southwesterly and west some 0.5 miles to the Place of Beginning. Parkview A parcel of land out of the E.S. Harris Survey, Abstract Number 688, and the George Shields Survey, Abstract Number 1402, Tarrant County, Texas, and being more particularly described by bounds as follows; BEGINNING at the intersection of the north right-of-way of Interstate Highway Number 30, with the southeasterly bank of the man made channel of the West Fork of the Trinity River; THENCE downstream with said bank, northeasterly some 0.7 miles to its intersection with the west right-of-way of the St. Louis, San Francisco & Texas Rail Road; THENCE with said right-of-way, southerly some 320 feet, to the northwesterly right-of-way of Forest Park Boulevard; THENCE with said right-of-way, southwesterly some 0.2 miles to its intersection with said north right-of-way of said Interstate Highway Number 30; THENCE with said right-of-way, westerly some 0.5 miles to the Place of Beginning. Northside Drive Parcel I A parcel of land out of Edmund Little Survey, Abstract Number 954 and the Felix G. Mulliken Survey, Abstract Number 1045, Tarrant County, Texas, being all of Lot 1, Block 1, North Side Drive Industrial Park, according to plat thereof recorded at Volume 388—170, Page 42, of the Plat Records of Tarrant County, Texas, being all of Blocks 1R and 2R, Northpark, according to plat thereof recorded at Volume 388—41, Page 23, of the Plat Records of Tarrant County, Texas, being a portion of Northpark Business Center, according to plat recorded at Volume 388—109, Page 57, of the Plat Records of Tarrant County, Texas, and a portion of the right-of-way of Northside Drive, and Northpark Drive, and being more particularly described by metes and bounds as follows to wit: BEGINNING at the intersection of the west right-of-way of the Samuels Avenue with the east bank of the West Fork of the Trinity River, as channelized; THENCE southerly with said right-of-way, to and along the west right-of-way of the ramp from Samuels Avenue, to Northside Drive, crossing Northside Drive at the south end of said ramp, to the north end of the ramp from Northside Drive to Samuels Avenue, and with said ramp, to said west right-of-way of Samuels Avenue, and continuing southerly with said right-of-way, some 0.7 miles to the centerline of Northpark Drive, a private roadway and a 26 foot emergency access and utility easement according to said plat of Northpark Business Center; THENCE with said centerline, South 77 degrees 56 minutes 25 seconds West, 779.34 feet to the beginning of a curve having a radius of 400.0 feet; THENCE northwesterly with said curve to the right, an arc distance of 93.78 feet, to the east right-of-way of the Texas Electric Service Company, according to deed recorded in Volume 2691, Page 130, of the Deed Records of Tarrant County, Texas; THENCE with said right-of-way, South 14 degrees 53 minutes 15 seconds East, 406.15 feet, to the southeast corner of said right-of-way; THENCE with the south line of said right-of-way, North 59 degrees 36 minutes 50 seconds West, 106.85 feet, to the south corner of Lot 11, according to said Plat; THENCE with the east line of said Lot, North 14 degrees 53 minutes 15 seconds West, 360,74, to its northeast corner and being on said centerline, and in said curve having a radius of 400.0 feet; THENCE with the northeasterly line of said Lot, and northwesterly with said curve to the right, an arc distance of 121.29 feet, to its end; THENCE continuing with the northeasterly line of said Lot, North 59 degrees 36 minutes 50 seconds West, 106.85 feet, to the beginning of a curve having a radius of 300.0 feet; THENCE northwesterly with said curve to the right, an arc distance of 1.29 feet, to the north corner of Lot 11-B being a re-plat of a portion of said Lot 11, according to plat recorded at Volume 388-218, Page 37, of the Plat Records of Tarrant County, Texas; THENCE with the northwesterly line of said Lot, South 30 degrees 26 minutes 35 seconds West, 235.09 feet to the west corner of said Lot 11-B, and being in the southwesterly line of said Lot 11; THENCE with said line, North 59 degrees 36 minutes 50 seconds West, 303.66 feet, to an angle point; THENCE continuing with said line, North 16 degrees 35 minutes 40 seconds West, to and along the southwesterly line of Lot 1, according to said plat, 801.09 feet, to an angle point; THENCE with the west line of said Lot 1, North 07 degrees 46 minutes East, at 505.81 feet pass the northwest corner of said Lot, and crossing Northside Drive, in all some 620 feet, to the north right-of-way of Northside Drive, at the southeast corner of said Lot 1, of said North Side Drive Industrial Park; THENCE westerly with said right-of-way, some 420 feet, to said east bank of the West Fork of the Trinity River, as channelized; THENCE with said east bank, some 0.4 miles, to the Place of Beginning. Parcel II A parcel of land being all of Lot 5, and a portion of Lot 6, Block A, Holloway’s Addition, according to plat recorded at Volume 1530, Page 373, of the Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows to wit; BEGINNING at the southeast corner of said Lot 5, and being in the southwesterly right-of-way of Samuels Avenue; THENCE with the south line of said Lot 5, South 83 degrees 40 minutes 30 seconds West, to and along the east line of Lot 9 of Northpark Business Center, according to plat recorded at Volume 388-109, Page 57, of the Plat Records of Tarrant County, Texas, 221.98 feet, to its southwest corner; THENCE with the west line of said Lot 5, North 12 degrees 39 minutes West, and continuing with the east line of said Lot 9, to and along the east line of said Lot 6, 215.3 feet; THENCE continuing with the east line of said Lot 9, North 73 degrees 52 minutes 30 seconds East, 114.24 feet, to said right-of-way; THENCE with said right-of-way, South 36 degrees 01 minutes 15 seconds East, 269.48 feet, to the Place of Beginning. Henderson Street A parcel of land out of Bailey’s Industrial Addition, being all of Lots 4A and 5, Block 13, according to plats recorded at Volume 388-71, Page 744, and Volume 388-C, Page 95, of the Plat Records of Tarrant County, Texas, respectively, being all of Lots 1 and 2, Block 20, and being all of Lot D, Block 21, according to plat recorded in Volume 388-50, Page 53 of the Plat Records of Tarrant County, Texas, and a portion of Henderson Street, Cullen Street, and Rupert Street adjacent to said Lots, and being more particularly described by metes and bounds as follows to wit; BEGINNING at the intersection of the west right-of-way of the St. Louis, San Francisco & Texas Rail Road, with the east line of said Block 21 projected north; THENCE with said right-of-way, to and along the east line of said Block, South 22 degrees 02 minutes West, 524.1 feet, to the south corner of said Lot D; THENCE with the most south west line of said Lot, North 00 degrees 58 minutes East, 186.6 feet, to an ell corner; THENCE with the south line of said Lot, South 80 degrees 05 minutes West, 113 feet, to its most west corner, and being on the centerline of a Spur Track; THENCE with the west line of said Lot, and said centerline, the following chords: North 76 degrees 11 minutes East 50 feet; North 70 degrees 47 minutes East 50 feet; And North 64 degrees 18 minutes East 33.76 feet, to its intersection with the centerline of a Spur Track; THENCE continuing with the west line of said Lot, and said centerline, the following chords: North 11 degrees 03 minutes West 54.2 feet; North 17 degrees 00 minutes West 50 feet; North 23 degrees 00 minutes West 50 feet; North 28 degrees 36 minutes West 50 feet; And North 35 degrees 14 minutes East 49.8 feet, to the most north west corner of said Lot; THENCE continuing with said centerline, some North 41 degrees West, 50 feet, to its intersection with the centerline of Cullen Street; THENCE with said centerline, South 42 degrees 15 minutes West, 17 feet, to the beginning of a curve having a radius of 290 feet; THENCE continuing with said centerline, and with said curve westerly and to the right, through a central angle of 46 degrees 45 minutes, an arc length of 241.7 feet, to its end; THENCE continuing with said centerline, WEST, 124.2 feet, to its intersection with the centerline of Rupert Street; THENCE with said centerline, NORTH, 368.5 feet, to an angle point; THENCE continuing with said centerline, North 50 degrees 41 minutes West, 158.2 feet, to its intersection with the southeast line of said Lot 4-A, projected southwest; THENCE North 39 degrees 19 minutes East, 55.3 feet, to the south corner of said Lot 4-A; THENCE with southwest line of said Lot, North 50 degrees 41 minutes West, 774.47 feet, to the north corner of Lot 1-A, Block 13, according to plat recorded at Volume 388-71, Page 119, of the Plat Records of Tarrant County, Texas; THENCE with west line of said Lot 4-A, NORTH, 2.98 feet, to its west corner; THENCE with north line of said Lot, North 78 degrees 05 minutes East, 234.98 feet, to the southwest right-of-way of Henderson Street; THENCE North 42 degrees 15 minutes East, 140 feet, to the centerline of Henderson Street; THENCE with said centerline Southeasterly, some 1,438 feet, to the Place of Beginning. South of Oakwood Cemetery A parcel of land out of the John Baugh Survey, Abstract Number 115, and the Richard Crawley Survey, Abstract Number 313, Tarrant County, Texas, and being more particularly described by bounds as follows; BEGINNING at the intersection of the northeasterly right-of-way of Jacksboro Highway with the most north east line of Lot 1, Bailey Gardens Addition, according to plat recorded in Volume 939, Page 569, of the Deed Record of Tarrant County, Texas; THENCE with said east line, North 00 degrees 12 minutes East, 110.5 feet, to the southwest corner of Lot 1R, Block 1, Oakwood Cemetery, according to plat thereof recorded in Volume 388-198, Page 35 of the Plat Records of Tarrant County, Texas; THENCE with the south line of said Lot 1R, the following courses and distances; South 89 degrees 58 minutes East, 23 feet, to the beginning of a curve, having a radius of 2,400 feet; Easterly with said curve to the left, an arc distance of 176.28 feet, to its end; North 68 degrees 49 minutes 36 seconds East, 218.56 feet; South 89 degrees 19 minutes 49 seconds East, 299.99 feet, And South 82 degrees 24 minutes 43 seconds East, 138.55 feet, to a line shown on said Plat labeled “EDGE OF CEMETERY MAINTENANCE” as surveyed by the City of Fort Worth, in 1989; THENCE with said line labeled “EDGE OF CEMETERY MAINTENANCE” the following courses and distances; South 54 degrees 50 minutes 48 seconds East, 113.26 feet; South 71 degrees 25 minutes 54 seconds East, 89.39 feet; North 71 degrees 54 minutes 41 seconds East, 134.32 feet; And North 86 degrees 30 minutes 58 seconds East, 58.51 feet, to the south line of said Cemetery; THENCE with the south line of said Lot 1R, the following courses and distances; South 82 degrees 24 minutes 43 seconds East, 40.79 feet; And South 89 degrees 16 minutes 10 seconds East, 295 feet, to an ell corner; THENCE bisecting said Lot 1R, North 28 degrees 28 minutes 35 seconds East, 238.78 feet, to a corner in said south line; THENCE with the south line of said Lot 1R, the following courses and distances; North 60 degrees 26 minutes 48 seconds East, 86.45 feet; And South 70 degrees 56 minutes 25 seconds East, 334.3 feet, to an east corner of said Lot, being at an angle point in the southwesterly line of Lot A, Block 1, Gifford-Hill & Co. Plant No. 41 Site, according to plat thereof recorded in Volume 388-133, Page 100, of the Plat Records of Tarrant County, Texas, and being in the northeasterly line of the right-of-way of the Tarrant County Water Control and Improvement District No. 1, according to deed recorded in Volume 2313, Page 509 of the Deed Records of Tarrant County, Texas; THENCE with said southwesterly and northeasterly line South 56 degrees 44 minutes East, at 130 feet, pass the southeast corner of said Lot A, and to and along the southwest line of that certain tract of land conveyed to Oather M. Tow, by deed recorded in Volume 1720, Page 474, of the Deed Records of Tarrant County, Texas, in all some 500 feet, to the northwesterly right-of-way of the St. Louis, San Francisco and Texas Railroad; THENCE Southwesterly with said northwesterly right-of-way, some 200 feet, to its intersection with the north bank of the man made channel of the West Fork of the Trinity River; THENCE upstream with said bank, westerly, to its intersection with the northeasterly right-of-way of Jacksboro Highway; THENCE northwesterly with said right-of-way, some 700 feet, to the Place of Beginning. “This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights or interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.” (c) Relationship of Panther Island peripheral zone to base zoning districts. The Panther Island peripheral zone is a zoning overlay that supplements the primary underlying zoning district classification. The permitted uses of the property shall be determined by the use regulations set forth for the primary zoning district classification for the property. Development projects in the Panther Island peripheral zone shall be subject to the Panther Island Peripheral Zone Overlay Zoning Standards and Guidelines in accordance with this section. In the event of any conflict between the design standards and any provision of this ordinance, the development standards and guidelines shall control. (d) Panther Island Peripheral Zone Overlay Zoning Standards and Guidelines adopted. The Panther Island Peripheral Zone Overlay Zoning Standards and Guidelines, attached as Exhibit “A” and Exhibit “B,” are hereby approved by the city council and are included in the zoning ordinance by reference. All future amendments to the Panther Island Peripheral Zone Overlay Zoning Standards and Guidelines must be considered by the zoning commission and approved by the city council in accordance with the procedure set forth in Article 5, Chapter 3 of the zoning ordinance. (e) Development review process. (1) Certificate of appropriateness required. Within the Panther Island peripheral zone district overlay, issuance of a certificate of appropriateness reflecting compliance the Panther Island Peripheral Zone Overlay Zoning Standards and Guidelines is required as a condition for the following: a. Acceptance by the planning and development department of an application for a building permit for construction of a new structure; b. Acceptance by the planning and development department of an application for a building permit for expansion of an existing structure; c. Acceptance by the planning and development department of an application for a building permit for renovation, remodeling or other alteration of an existing structure; d. Construction of a surface parking lot; and e. Acceptance by the planning and development department of an application for a sign permit. (2) Application for certificate of appropriateness. The following materials shall be submitted to the planning and development department in connection with an application for a certificate of appropriateness. The materials must be submitted at least 21 days before the meeting of the design review board at which the application for a certificate of appropriateness will be considered: a. Copies of site plan including: 1. Footprints of all existing structures; 2. Proposed footprint of all new structures; 3. Existing structures adjacent to the property; 4. Building setbacks; and 5. Location of parking areas, parking lot islands, driveways, sidewalks, walkways, loading areas, walls or fences, utilities, lighting, signage, at-grade mechanical units, dumpsters and all other site improvements. b. Copies of landscape plan including location and dimension of areas to be landscaped (including private property, adjoining right-of-way and parking lot islands), total amount of landscaped area, location, number and planting size of all trees, shrubs and groundcover, location and coverage of irrigation system, and location and description of street furniture; c. Copies of schematic floor plans depicting the arrangement of interior spaces, location of windows and doors, mechanical equipment, electrical meter and utility locations. First floor site plans should show the relationship between the first floor and the site; d. Copies of schematic building elevations for all sides of the building(s) showing design of all elevations, existing grade, proposed grade, finish floor elevations, roof slopes, mechanical vents and equipment, location and type of outdoor light fixtures, design and location of all wall sign(s) and notations regarding exterior colors and material; e. Material specification outline with samples, brochures and/or photographs of all exterior building and site materials, finishes and fixtures; and f. For all detached signs, nine site plans drawn to scale indicating sign location and drawings of proposed sign, lettering and graphics, drawn to scale of at least one-quarter-inch to the foot including any support structures. Colors of the proposed sign shall be indicated on the drawing and actual color samples shall also be furnished. Any proposed illumination shall be indicated on the drawing. (3) Authority to approve certificate of appropriateness. a. The development services director or designee is hereby charged with the duty and invested with the authority to approve a certificate of appropriateness for new construction and renovations when: 1. The project conforms to all standards and guidelines of the Panther Island Peripheral Zone Overlay Zoning Standards and Guidelines when both are applicable; or 2. A project is submitted wherein only the guidelines of the Panther Island Peripheral Zone Overlay Zoning Standards and Guidelines are applicable. b. The urban design commission is hereby charged with and invested with the authority to enforce the standards in the Panther Island Peripheral Zone Overlay Zoning Standards and Guidelines for new construction and exterior renovations by hearing and deciding applications for certificates of appropriateness with this section that require interpretation or discretionary judgment with respect to the project’s compliance with the standards. The urban design commission is hereby charged with and invested with the authority to enforce the Panther Island Peripheral Zone Overlay Zoning Standards and Guidelines for new construction and exterior renovations by hearing and deciding applications for certificates of appropriateness with this section that require interpretation or discretionary judgment with respect to the project’s compliance with standards and guidelines. (f) Appeal. (1) All decisions by the development services director may be appealed to the urban design commission. A written notice of the appeal must be filed with the executive secretary of the urban design commission within ten days of notice of the decision of the development services director or designee. The standard of review before the UDC shall be de novo (2) All decisions by the urban design commission may be appealed to the board of adjustment by the applicant. A written notice of appeal must be filed with the city secretary within ten days after receipt of notification of the urban design commission’s decision. a. The written notice of appeal shall specify: 1. That the decision of the board is unreasonable, either in whole or in part; and 2. The grounds for the appeal. b. The board of adjustment shall schedule a hearing on such appeal within 30 days after receipt of the notice of appeal, or as soon thereafter as reasonably practicable. The secretary of the urban design commission shall forward to the board of adjustment a complete record of the matter, including a transcript of the tape of the hearing before the urban design commission. In consideration of an appeal, the board of adjustment shall: 1. Hear and consider testimony and evidence concerning the previous recommendations and actions of the city staff and the urban design commission; 2. Hear new testimony and consider new evidence that was not available at the time of the hearing before the urban design commission; 3. Apply the substantial evidence test to the decision of the urban design commission, considering the record made before the urban design commission; and 4. Have the option to remand any case back to the urban design commission for further proceedings. c. The board of adjustment may uphold, reverse or modify the decision of the urban design commission unless a continuance is agreed to by the owner/appellant. d. A hearing before the board of adjustment shall exhaust the administrative remedies of the property owner/appellant under this title. Any owner/appellant aggrieved by the decision of the board of adjustment may file in district court. (Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012; Ord. 21272-06-2014, § 5, passed 6-3-2014; Ord. 23886-10-2019, §§1, 3, passed 10-15-2019, eff. 11-7-2019; Ord. 24030-02-2020, § 22, passed 2-4-2020; Ord. 28597-06-2026, § 6, passed 6-9-2026)

Fort Worth Zoning Ordinance § 4.404 I-35W CORRIDOR (“I-35W”) DESIGN OVERLAY DISTRICT.

§ 4.404 I-35W CORRIDOR (“I-35W”) DESIGN OVERLAY DISTRICT. (a) Purpose and intent. It is the purpose of the I-35W design overlay to provide standards and guidelines and administrative procedures for new construction and certain renovations in the corridor zones to promote and encourage excellence in development though quality site layout, lighting landscaping and design while creating a unified and natural landscape along the corridor zones. (b) Boundaries of I-35W design overlay district. Corridor zones are described as follows and as shown on Exhibit B.22: South Zone: Meacham Boulevard to Basswood Boulevard A parcel of land situated in the County of Tarrant, being 1,000 feet each side of the following described centerline of Interstate Highway 35 West, from its intersection with the centerline of Meacham Boulevard, to its intersection with the centerline of Basswood Boulevard; Beginning at the intersection of the centerlines of Interstate Highway 35 West, and Meacham Boulevard (formerly known as Odum Road), according to the right-of-way map of Interstate Highway 35W, Project No. I-35W-5(27)-429, from N. of St. Louis & S.W. R.R. North to Loop 217 (now known as Loop 820), and being at Engineer’s Station 407+44; THENCE northerly with said centerline, North 00 degrees 13 minutes 00 seconds East, to and along the centerline of Interstate Highway 35W, according to the right-of-way map of Interstate Loop 820, Project No. I-820-4(56)-454, from present U. S. 377 West to proposed location of Interstate 35W, 2544 feet, to an angle point at Engineer’s Station 382+00; THENCE continuing northerly with said centerline, North 00 degrees 04 minutes 00 seconds West, 2,963.15 feet, to its intersection with the centerline of said Interstate Loop 820 at Engineer’s Station 352+36.85, at Interstate Loop 820 Engineer’s Station 662+58.39; THENCE east with said centerline, North 90 degrees 00 minutes 00 seconds East, 30.00 feet, to its intersection with the centerline of said Interstate Highway 35W, at Interstate Loop 820 Engineer’s Station 662+88.39, at Interstate Highway 35W Engineer’s Station 619+06.89; THENCE northerly with said centerline, North 00 degrees 04 minutes 00 seconds West, 2,988.79 feet, to an angle point at Engineer’s Station 589+18.10, according to the right-of-way map of Interstate Highway 35W, Project No. I-35W-5(41)-431, from Proposed U.S. 81 to Interstate Loop 820; THENCE continuing northerly with said centerline, according to said right-of-way map, the following courses and distances; North 00 degrees 02 minutes 05 seconds West, 810.05 feet, to the beginning of a curve having a radius of 11,459.16 feet, at Engineer’s Station 581+08.05; Northerly with said curve to the left, through a central angle of 10 degrees 05 minutes 11 seconds, an arc distance of 2,017.28 feet, to its end at Engineer’s Station 560+90.77; North 10 degrees 07 minutes 16 seconds West, 6,014.19 feet, to the beginning of a curve having a radius of 11,459.16 feet, at Engineer’s Station 500+76.58; Northerly with said curve to the right, through a central angle of 01 degrees 07 minutes 58 seconds, an arc distance of 226.58 feet, to its Terminus at the intersection of the centerlines of Interstate Highway 35 West, and Basswood Boulevard at Engineer’s Station 498+50; Basis of called bearings and distances, per recited right-of-way maps. This description prepared by Hans Kevin Hansen, Registered Professional Land Surveyor, Number 4786, in April 2009, in an electronic format. “This document was prepared under 22 TAC § 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights or interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.” Revision I, September 21, 2009, width changed from “one thousand five hundred (1,500)” to “one thousand feet (1,000).” Revision II, November 15, 2010, Title changed to reflect limits changed from Meacham Blvd. to SH 114, divided into three sections, Meacham Blvd. to Basswood Blvd., Basswood Blvd. to Keller Hicks Rd., and Keller Hicks to SH 114. Central Zone - Basswood Boulevard to Keller Hicks Road A parcel of land situated in the County of Tarrant, being one thousand feet (1,000) each side of the following described centerline of Interstate Highway 35 West, from its intersection with the centerline of Basswood Boulevard, to its intersection with the centerline of Keller Hicks Road (County Road Number 4033); Beginning at the intersection of the centerlines of Interstate Highway 35 West, and Basswood Boulevard according to the right-of-way map of Interstate Highway 35W, Project No. I-35W-5(41)-431, from Proposed U.S. 81 to Interstate Loop 820, and being at Engineer’s Station 498+50, and being in a curve having a radius of 11,459.16 feet; THENCE northerly with said centerline, according to said right-of-way map, the following courses and distances; Northerly with said curve to the left, through a central angle of 08 degrees 59 minutes 06 seconds, an arc distance of 1,796.98 feet, to its end at Engineer’s Station 480+53.02; North 00 degrees 00 minutes 12 seconds West, at 3,638.40 feet pass the end of said project, at Engineer’s Station 444+14.62, and continuing with said centerline, according to the right-of-way map of Interstate Highway 35W, Project No. I-35W-5(21)-435, from Denton County Line to Proposed U.S. 81, in all 17,707.45 feet, to the beginning of a curve having a radius of 5,729.58 feet, at Engineer’s Station 303+45.57; Northerly with said curve to the left, through a central angle of 14 degrees 57 minutes 07 seconds, an arc distance of 1,495.19 feet, to its end at Engineer’s Station 288+50.38; North 14 degrees 56 minutes 55 seconds East, 4,503.36 feet, to its Terminus at the intersection of the centerlines of Interstate Highway 35 West, and Keller Hicks Road at Engineer’s Station 243+47.02; Basis of called bearings and distances, per recited right-of-way maps. This description prepared by Hans Kevin Hansen, Registered Professional Land Surveyor, Number 4786, in April 2009, in an electronic format. “This document was prepared under 22 TAC § 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights or interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.” Revision I, September 21, 2009, width changed from “one thousand five hundred (1,500)” to “one thousand feet (1,000).” Revision II, November 15, 2010, Title changed to reflect limits changed from Meacham Blvd. to SH 114, divided into three sections, Meacham Blvd. to Basswood Blvd., Basswood Blvd. to Keller Hicks Rd., and Keller Hicks to SH 114. Scribner’s errors corrected December 2, 2010. North Zone - Keller Hicks Road to State Highway 114 A parcel of land situated in the Counties of Denton and Tarrant, being 1,000 feet each side of the following described centerline of Interstate Highway 35 West, from its intersection with the centerline of Keller Hicks Road (County Road Number 4033), to its intersection with the centerline of State Highway 114; Beginning at the intersection of the centerlines of Interstate Highway 35 West, and Keller Hicks Road according to the right-of-way map of Interstate Highway 35W, Project No. I-35W-5(21)-435, from Denton County Line to Proposed U.S. 81, and being at Engineer’s Station 243+07.02; THENCE northerly with said centerline, according to said right-of-way map, the following courses and distances; North 14 degrees 56 minutes 55 seconds East, 1,779.10 feet, to the beginning of a curve having a radius of 5,729.58 feet, at Engineer’s Station 225+67.92; Northerly with said curve to the left, through a central angle of 14 degrees 40 minutes 59 seconds, an arc distance of 1,468.31 feet, to its end at Engineer’s Station 210+99.61; North 00 degrees 15 minutes 56 seconds East, 4,997.63 feet, to the beginning of a curve having a radius of 5,729.58 feet, at Engineer’s Station 161+01.98; Northerly with said curve to the right, through a central angle of 10 degrees 26 minutes 03 seconds, an arc distance of 1,043.42 feet, to its end at Engineer’s Station 150+58.56; North 10 degrees 41 minutes 59 seconds East, 3,744.61 feet, to the beginning of a curve having a radius of 5,729.58 feet, at Engineer’s Station 113+13.98; Northeasterly with said curve to the right, through a central angle of 19 degrees 14 minutes 39 seconds, an arc distance of 1,924.42 feet, to its end at Engineer’s Station 93+89.56; THENCE northeasterly with said centerline, North 29 degrees 56 minutes 38 seconds East, at 2,848.83 feet, pass the called County Line at Engineers Station Equation 65+40.73=0+00, and at 2,872.13 feet pass Engineers Station Equation 0+23.30=0+00, to and along the centerline of Interstate Highway 35W, according to the right-of-way map of Interstate Highway 35-W, Project No. I 35W-6(47)442, from Tarrant Co. Line to F.M. 407, in all 4,924.48 feet, to the beginning of a curve having a radius of 11,459.16 feet, at Engineer’s Station 20+52.35; THENCE continuing northeasterly with said centerline, according to said right-of-way map, the following courses and distances; Northeasterly with said curve to the right, through a central angle of 00 degrees 58 minutes 10 seconds, an arc distance of 193.89 feet, to its end at Engineer’s Station 22+46.24; North 30 degrees 54 minutes 48 seconds East, 11,222.42 feet, to the beginning of a curve having a radius of 5,729.58 feet, at Engineer’s Station 134+68.66; Northeasterly with said curve to the right, through a central angle of 06 degrees 48 minutes 35 seconds, an arc distance of 680.97 feet, to its end at Engineer’s Station 141+49.63; North 37 degrees 43 minutes 23 seconds East, 1845.43 feet, to its Terminus at the intersection of the centerlines of Interstate Highway 35 West, and State Highway 114, at Engineer’s Station 159+95.06; Basis of called bearings and distances, per recited right-of-way maps. This description prepared by Hans Kevin Hansen, Registered Professional Land Surveyor, Number 4786, in April 2009, in an electronic format. “This document was prepared under 22 TAC § 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights or interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.” Revision I, September 21, 2009, width changed from “one thousand five hundred (1,500)” to “one thousand feet (1,000).” Revision II, November 15, 2010, Title changed to reflect limits changed from Meacham Blvd. to SH 114, divided into three sections, Meacham Blvd. to Basswood Blvd., Basswood Blvd. to Keller Hicks Rd., and Keller Hicks to SH 114. Scribner’s errors corrected December 2, 2010. (c) Relationship of I-35W design overlay district to base zoning districts. The I-35W design overlay district is a zoning overlay that supplements the primary underlying zoning district classification. The permitted uses of the property shall be determined by the use regulations set forth in the primary zoning district classification for the property. Development of projects in the “I-35W” design district shall be subject to the I-35W Development Standards and Guidelines in accordance with this section. In the event of a conflict between the I-35W Development Standards and Guidelines and other sections of the City of Fort Worth zoning ordinance or other applicable regulations, the more restrictive requirement shall prevail. If there is a conflict between the I-35W Development Standards and Guidelines and a mixed-use zoning district (or planned development based on mixed-use zoning: i.e., “PD/MU-1” or “PD/MU-2”) located on along I-35W frontage roads, the mixed-use regulations will govern the setbacks. (d) I-35W Development Standards and Guidelines adopted. The I-35W Development Standards and Guidelines, attached as Exhibit “A” and Exhibit “C,” are hereby approved by the city council and are included in the zoning ordinance by reference. All future amendments to the I-35W Development Standards and Guidelines must be considered by the zoning commission and approved by the city council in accordance with the procedure set forth in Article 5, Chapter 3 of the zoning ordinance. (e) Development review process. (1) Certificate of appropriateness required. Within the “I-35W” overlay district, issuance of a certificate of appropriateness reflecting compliance with the I-35W Development Standards and Guidelines is required for the following: a. Acceptance by the planning and development department of an application for a building permit for construction of a new structure; b. Acceptance by the planning and development department of an application for a building permit for expansion of an existing structure; or c. Acceptance by the planning and development department of an application for a building permit for renovation, remodeling or other alteration of an existing structure. (2) Application for certificate of appropriateness. The following materials shall be submitted to the planning and development department in connection with an application for a certificate of appropriateness. The materials must be submitted at least 21 days before the meeting of the design review board at which the application of the certificate of appropriateness will be considered: a. Copies of the site plan including: 1. Foot prints of all existing structures; 2. Proposed footprint of all new structures; 3. Existing structures adjacent to the property; and 4. Location of parking areas, parking lot islands, driveways, sidewalks, walkways, loading areas, walls or fences, utilities, lighting, signage, at-grade mechanical units, dumpsters and all other site improvements. b. Copies of landscaping plan including location and dimension of areas to be landscaped (including private property, adjoining right-of-way and parking lot islands), total amount of landscaped area, location, number and planting size of all trees, shrubs and groundcover, location and coverage of irrigation systems, and location and description of street furniture; c. Copies of schematic floor plans depicting the arrangement of interior spaces, location of windows and doors, mechanical equipment, electrical meter and utility locations. First floor site plans should show the relationship between the first floor and the site; d. Copies of schematic building elevations for all sides of the building(s) showing the design of all elevations existing grade, proposed grade, finish floor elevations, roof slopes, mechanical vents and equipment, location and type of outdoor light fixtures, design and location of all wall signs(s) and notations regarding exterior colors and materials; and e. Material specification outline with samples, brochures and/or photographs of all exterior building site materials, finishes and fixtures. (3) Authority to approve certificate of appropriateness. a. The development services director or designee is hereby charged with the duty and invested with the authority to approve a certificate of appropriateness for new construction and exterior renovations when the project conforms to all standards and guidelines of the I-35W Development Standards and Guidelines. b. The urban design commission is hereby charged with and invested with the authority to enforce the I-35W Development Standards and Guidelines for new construction and exterior renovations that do not conform to all of the standards and guidelines by hearing and deciding application for certificates of appropriateness in accordance with this section. (f) Appeal. (1) All decisions by the development services director may be appealed to the urban design commission. A written notice of the appeal must be filed with the executive secretary of the urban design commission within ten days of notice of the decision of the development services director or designee. The standard of review before the urban design commission shall be de novo. (2) All decisions by the urban design commission may be appealed to the board of adjustment by the applicant. A written notice of appeal must be filed with the city secretary’s office within ten days after receipt of notification of the decision of the urban design commission’s decision. The written notice of appeal shall specify: a. That the decision of the urban design commission is unreasonable, either in whole or in part; and b. The grounds for the appeal. (3) The board of adjustment shall schedule a hearing on such appeal as soon as reasonably practicable. The executive secretary of the urban design commission shall forward to the board of adjustment a complete record of the matter including but not limited to, a transcript of the hearing before the urban design commission. (4) In consideration of an appeal, the appeal board shall: a. Hear and consider testimony and evidence concerning the previous recommendations and actions of city staff and the urban design commission; b. Hear new evidence that was not available at the time of the hearing before the urban design commission. New evidence does not include information that was created after the date of the hearing before the urban design commission; c. Apply the substantial evidence test to the decision of the urban design commission, considering the record made before the urban design commission; and d. Have the option to remand any case back to the urban design commission for further proceedings. (5) The board of adjustment may uphold, reverse or modify the decision of the urban design commission unless a continuance is agreed to by the appellant. (6) A hearing before the board of adjustment shall exhaust the administrative remedies of the appellant under this title. Any appellant aggrieved by the decision of the board of adjustment may file in district court. (Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012; Ord. 22792-06-2017, § 1 (Exh. A), passed 6-20-2017; Ord. 24030-02-2020, § 22, passed 2-4-2020; Ord. 28597-06-2026, § 7, passed 6-9-2026)

Fort Worth Zoning Ordinance § 4.405 AIRPORT/AIRFIELD (“AO”) OVERLAY DISTRICT.

§ 4.405 AIRPORT/AIRFIELD (“AO”) OVERLAY DISTRICT. (a) Purpose and intent. The purpose of the airport/airfield overlay district is the regulation of land uses in the vicinity of the city’s airports and airfields and to ensure the protection of the airports where it has been determined that they are an essential economic element of the city and surrounding cities. It is also the purpose of this section to protect the health, safety and general welfare of the public where it is recognized that aircraft accidents and excessive noise have the potential for endangering or harming the lives and or property of users or occupants of land in the vicinity of the airports that serve Fort Worth. (b) Generally. (1) Applicability. a. Airport zoning regulations shall apply to all of the incorporated areas of the City of Fort Worth which are located within an accident potential zone or clear zone as described herein. The use of all land and any buildings or structures located upon the land, and the height, construction, reconstruction, alteration, expansion or relocation of any building or structure upon the land shall conform to all regulations applicable to this section. No land, building, structure or premises shall be constructed and/or used for any purpose or in any manner other than is permitted in this section. b. The airport zoning regulation shall also be in accordance with prescribed regulations contained in V.T.C.A. Local Government Code §§ 241.001 et seq. (2) Electrical interference. Notwithstanding any other provisions of this section, no use shall be made of land or water nor institution within an airport/airfield overlay district in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the City of Fort Worth airports or the Naval Air Station Fort Worth Joint Reserve Base (NAS FW JRB). (3) Maps. Maps identifying the boundaries of the airport/airfield overlay district for the applicable airports and further described by each applicable airport subsection are hereby incorporated into the city’s official zoning map. (4) Zoning classification. a. Airport/airfield overlay district. The airport/airfield overlay district is designed as an overlay to the base zoning district. Property located within this zoning overlay must also be designated as being within one of the base zoning districts. Permitted uses must be allowed in both the base zoning district and the overlay district and must comply with height, yard, area and parking requirements of the base zoning district. b. Zoning designation. The zoning designation of the property located within the airport/airfield overlay district shall consist of the base zoning symbol and the overlay symbol as a suffix. For example, if a parcel is zoned “A-5” and is also located in the airport/airfield overlay district, the zoning of the parcel would be “A-5/AO.” The zoning designation of parcels located within a compatible use zone shall consist of the base zoning symbol and the following as a suffix: “AO-CUZ.” (5) Height considerations. a. 14 C.F.R. Part 77, Subpart C establishes the following imaginary surfaces for airports: approach surface; conical surface; horizontal surface; primary surface; and transitional surface as defined in the applicable airport layout plan. 1. Structures cannot penetrate Federal Aviation Regulation Part 77 imaginary surfaces and elevation at the site of construction. 2. Construction or alteration requiring notice: any person proposing construction or alteration whether permanent, temporary or of natural growth in the area surrounding any municipal or military airport shall notify the manager, Air Traffic Division of the Federal Aviation Administration (FAA) Regional Office and the manager of the municipal airport or community liaison or other appointee of the NAS FW JRB, as applicable, if such construction or alteration exceeds any of the following height standards. i. The height limits are defined in terms of imaginary surfaces in the airspace extending about two to three miles around airport runways and approximately nine and one-half miles from the ends of the runways having a precision instrument approach. ii. Notice must be provided for all structures measuring 200 feet above ground level measured at the point of highest elevation of the foundation or where it has been determined that the proposed construction penetrates the Federal Aviation Regulation Part 77 imaginary surfaces. 3. When requested by the FAA, any construction or alteration that would be in an instrument approach area and available information indicates the height might exceed any FAA obstruction standard, must be submitted for review. b. Notice to FAA: nothing in this section shall be construed as relieving any property owner, sponsor or agent from the requirement for filing a notice of proposed construction or alteration with the appropriate Federal Aviation Administration. c. A copy of a determination of no hazard or similar documentation will be required from the FAA, and the NAS FW JRB, as applicable, before release of a building permit by the City of Fort Worth. (6) Marking of nonconforming structures. The owner of any nonconforming structure or object of natural growth deemed an operational hazard by the City of Fort Worth and/or Naval Air Station Joint Reserve Base is required to install and maintain thereon markers and lighting to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the property owner, as required by the FAA. (c) Naval Air Station Fort Worth Joint Reserve Base. (1) Purpose and intent. The City of Fort Worth has designated a NAS FW JRB compatible use zone (AO-CUZ) in order to promote the public health, safety, peace, comfort, convenience and general welfare of the inhabitants of and near military airport environs and to prevent the impairment of military airfields and the public investment therein. The land areas below military airport take off and final approach paths are exposed to significant danger of aircraft accidents. It is, therefore, necessary to limit the density of development and intensity of uses in such areas. The NAS FW JRB compatible use zone is intended to: guide, control and regulate future growth and development; promote orderly and appropriate use of land; protect the character and stability of existing land uses; enhance the quality of living in the areas affected; protect the general economic welfare by restricting incompatible land uses; prevent the establishment of any land use which would endanger aircraft operations and the continued use of the NAS FW JRB. (2) Boundaries. The specific boundaries of the NAS FW JRB compatible use zone are shown on the official zoning map maintained by the city and depicted and attached as Exhibit B.27. The compatible use zones include the clear zones and accident potential zones (APZs). (3) Use restrictions in accident potential zones and clear zone. a. Permitted uses shall be allowed in accordance with Table 1, attached and incorporated hereinto the zoning ordinance. b. Certain uses, unless stated otherwise, within Table 1 shall be prohibited within the APZs. Prohibited uses include, but are not limited to, new residences, schools, places of public assembly and outdoor recreation uses. Other prohibited uses include the manufacture of flammable or combustible liquids or materials, the generation of any substance that would impair visibility or otherwise interfere with the operation of aircraft including steam/dust/smoke; and uses that may encourage the congregation of birds or waterfowl increasing the chance of a bird strike including landfills. c. Above ground fuel storage facilities shall be permitted only in accordance with the Uniform Fire Code. d. All new nonresidential uses indicated on the table as “N” Not Compatible on Table 1 are considered prohibited. (4) Residential uses. In lieu of the requirements of Chapter 7, Nonconformities regarding construction, the following shall be allowed within the AO-CUZ. a. Existing residential one-family uses located within a platted residential subdivision will be permitted to reconstruct a single-family residential structure. b. New residential construction shall be permitted only on vacant lots that are within an existing platted residential subdivision. This section does not apply to residential properties located within the clear zone. c. Tracts or lots may not be subdivided. (5) Existing nonresidential uses and structures. In lieu of the requirements of Chapter 7, Nonconformities regarding construction and continuation of use, the following shall be allowed within the AO-CUZ a. Existing nonresidential uses or structures may reconstruct a structure for the same nonconforming use with equal or less square footage that had previously existed on the property or for such other use that has a density equal to or less than the prior use. Density will be measured from the occupancy count as determined by the city’s building official. b. A nonresidential structure that is vacant for any period of time will be allowed to request a certificate of occupancy for a new tenant or property owner provided that the use requested is identical to the use identified on the last certificate of occupancy for the structure, or is for a use that has a density equal to or less than the previous use of the structure. Density will be measured from the occupancy count as determined by the city’s building official. c. A certificate of occupancy may be issued for new tenants or property owners and changes of use for any use allowed in a shopping center with multiple tenant spaces or an existing regional mall site, as stated in Table 1, Note 7 and Note 8. d. In an existing structure, a use not allowed in Table 1 will be allowed provided that the proposed nonconforming use has a density equal to or less than the previous use of the structure. A use changed to a lower density than had previously existed may not thereafter be returned to a use of higher density, provided however the aforementioned shall not apply to a shopping center or an existing regional mall site. e. Any tenant or property owner of a building within an existing regional mall site shall be permitted to construct, re-construct, relocate and redevelop the square footage existing within the APZ-I area as of the effective date of this ordinance plus an additional 25,000 square feet of building improvements at any location solely within 400 feet of the eastern APZ-I boundary. The additional 25,000 square feet within 400 feet of the eastern APZ-1 boundary shall be allocated to and located upon the applicable portion of the property described as Parcel 1 in the special warranty deed filed of record under Instrument No.D205100827, Real Property Records, Tarrant County, Texas (the “developer’s parcel”) or such other tract within 400 feet of the eastern APZ-I boundary designated by the owner of the developer’s parcel. f. A nonconforming use if changed to a conforming use may not thereafter be changed to a nonconforming use, provided however the aforementioned shall not apply to a shopping center or an existing regional mall site. (6) Boundaries. The specific boundary of the Naval Air Station Fort Worth Joint Reserve Base Airport Overlay is shown on the official zoning map maintained by the city and depicted and attached as Exhibit B.27A. (7) Communications facilities and electrical interference. No use shall cause electrical interference with navigational signals or radio communications at the airport or with radio or electronic communications between the airport and aircraft. Proposals for the location of new or expanded radio, radio-telephone, television transmission facilities, electrical transmission lines and wind turbines shall be coordinated through the Department of the Navy Representative, FAA Central Service Area prior to approval. (8) Outdoor lighting. a. No use shall project lighting directly onto an existing runway or taxiway or into existing airport approach and landing paths except where necessary for safe and convenient air travel. Lighting for any new or expanded use shall incorporate shielding in their designs to reflect light away from airport approach and landing paths. Control of outdoor lighting shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. b. Criteria. Lighting shall meet the following criteria: 1. Lighting arrangement. Lighting arrangements that mimic runway lighting (i.e., long linear parallel rows of lighting) that could be confused with runway or taxiway lighting are not permitted. 2. Illumination levels. Lighting shall have intensities, uniformities and glare control in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA), unless otherwise directed by the City of Fort Worth. 3. Lighting fixture design. i. Fixtures shall be of a type and design appropriate to the lighting application. ii. For the lighting of predominantly horizontal surfaces such as, but not limited to parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, cul-de-sacs, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, fixtures shall be aimed straight down and shall meet IESNA full-cutoff criteria. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent lamp, are exempt from the requirements of this subsection. In the case of decorative street lighting, the City of Fort Worth may approve the use of luminaires that are fully shielded or comply with IESNA cutoff criteria. iii. For the lighting of predominantly non-horizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, fixtures shall be fully shielded and shall be installed and aimed so as to not project their output past the object being illuminated or skyward. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent lamp, are exempt from the requirements of this subsection. iv. “Barn lights,” aka “dusk-to-dawn lights,” shall be shielded. 4. Billboards and signs. i. Externally illuminated billboards and signs shall have fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted and aimed to shield the source from off-site view and to place the light output onto and not beyond the sign or billboard. The face of the sign or billboard and the illumination shall not exceed 30-vertical footcandles during the hours of darkness. ii. The light source for internally illuminated signs and billboards shall not exceed 1,000 initial lumens per square foot of sign face. iii. Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted. iv. The use of highly reflective signage that creates nuisance glare or a safety hazard is not permitted. (9) Glare. a. No use shall cause glare by highly reflective materials, including but not limited to unpainted metal or reflective glass, on the exterior of structures located within airport approach and landing paths or on nearby lands where glare could impede a pilot’s vision. Proposed solar arrays shall be coordinated through the Department of the Navy Representative, FAA Central Service Area prior to approval. The control of glare shall meet the following criteria: b. Criteria. 1. Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. Glare surface suppressants that effectively reduce glare may also be utilized. 2. All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to pilots or the safe operation of aircraft. 3. Directional fixtures such as floodlights and spotlights shall be shielded, installed and aimed that they do not project their output past the object being illuminated or skyward. 4. Except as permitted for certain recreational lighting, fixtures not meeting IESNA full-cutoff criteria shall not be mounted in excess of 16 feet above finished grade. Fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 20 feet above finished grade. 5. Flag lighting sources shall have a beam spread no greater than necessary to illuminate the flag and shall be adequately shielded. (10) Emissions. No use shall, as part of its regular operations, cause emissions of smoke, ash, vapor, gas, dust, steam or other emissions that could obscure visibility of pilots or conflict with airport operations. (11) Wildlife attractants. No use shall foster an increase in wildlife population and thereby increase the likelihood of a bird impact problem. (12) Waste disposal facilities. a. No new waste disposal facilities shall be permitted with 10,000 feet of any airport unless approval is obtained from the FAA. b. Expansions of existing land disposal facilities within these distances shall be permitted only upon demonstration that the facility is designed and will operate so as not to increase the likelihood of bird/aircraft collisions. Timely notice of any proposed expansion shall be provided to the City of Fort Worth, Texas DOT and the FAA, and any approval shall be accompanied by such conditions as are necessary to ensure that an increase in bird/aircraft collisions is not likely to result. (d) Spinks Airport. (1) Purpose and intent. The City of Fort Worth has designated the Spinks Airport Overlay and Runway Protection Zone (AO and RPZ) in order to promote the public health, safety, peace, comfort, convenience and general welfare of the inhabitants of and near municipal airport environs and to prevent the impairment of municipal airports and the public investment therein. (2) Boundaries. The specific boundaries of the Spinks Airport Overlay and Runway Protection Zones are shown on the official zoning map maintained by the city and depicted and attached as Exhibit B.28. The Runway Protection Zones (RPZs) are as defined in the airport layout plan for the airport. (3) Use restrictions in runway protection zones. a. Permitted uses shall be allowed in accordance with Table 2, attached and incorporated hereinto the zoning ordinance. b. Certain uses within Table 2 shall be prohibited within the RPZs. Prohibited uses include, but are not limited to, new residences, schools, places of public assembly and outdoor recreation uses. Other prohibited uses include the manufacture of flammable or combustible liquids or materials, the generation of any substance that would impair visibility or otherwise interfere with the operation of aircraft including steam/dust/smoke; and uses that may encourage the congregation of birds or waterfowl increasing the chance of a bird strike including landfills. c. Above ground fuel storage facilities shall be permitted only in accordance with the Uniform Fire Code. d. All new nonresidential uses indicated on the table as “N” Not Compatible on Table 2 are considered prohibited. (4) Communications facilities and electrical interference. No use shall cause electrical interference with navigational signals or radio communications at the airport or with radio or electronic communications between the airport and aircraft. Proposals for the location of new or expanded radio, radio-telephone, television transmission facilities, electrical transmission lines and wind turbines shall be coordinated with the Federal Aviation Administration’s (FAA) Texas Airports Development Office prior to approval. (5) Outdoor lighting. a. Generally. No use shall project lighting directly onto an existing runway or taxiway or into existing airport approach and landing paths except where necessary for safe and convenient air travel. Lighting for any new or expanded use shall incorporate shielding in their designs to reflect light away from airport approach and landing paths. Control of outdoor lighting shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. b. Criteria. Lighting shall meet the following criteria. 1. Lighting arrangement. Lighting arrangements that mimic runway lighting (i.e., long linear parallel rows of lighting) that could be confused with runway or taxiway lighting are not permitted. 2. Illumination levels. Lighting shall have intensities, uniformities and glare control in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA), unless otherwise directed by the City of Fort Worth. 3. Lighting fixture design. i. Fixtures shall be of a type and design appropriate to the lighting application. ii. For the lighting of predominantly horizontal surfaces such as, but not limited to, parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, cul-de-sacs, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, fixtures shall be aimed straight down and shall meet IESNA full-cutoff criteria. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent lamp, are exempt from the requirements of this subsection. In the case of decorative street lighting, the City of Fort Worth may approve the use of luminaires that are fully shielded or comply with IESNA cutoff criteria. iii. For the lighting of predominantly non-horizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, fixtures shall be fully shielded and shall be installed and aimed so as to not project their output past the object being illuminated or skyward. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent lamp, are exempt from the requirements of this subsection. iv. “Barn lights,” aka “dusk-to-dawn lights,” shall be shielded. 4. Billboards and signs. i. Externally illuminated billboards and signs shall have fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted and aimed to shield the source from off-site view and to place the light output onto and not beyond the sign or billboard. The face of the sign or billboard and the illumination shall not exceed 30-vertical footcandles during the hours of darkness. ii. The light source for internally illuminated signs and billboards shall not exceed 1,000 initial lumens per square foot of sign face. iii. Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted. iv. The use of highly reflective signage that creates nuisance glare or a safety hazard is not permitted. (5) Glare. a. Generally. No use shall cause glare by highly reflective materials, including but not limited to unpainted metal or reflective glass, on the exterior of structures located within airport approach and landing paths or on nearby lands where glare could impede a pilot’s vision. Proposed solar arrays shall be coordinated with the FAA’s Texas Airports Development Office prior to approval. b. Criteria. The control of glare shall meet the following criteria. 1. Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. Glare surface suppressants that effectively reduce glare may also be utilized. 2. All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to pilots or the safe operation of aircraft. 3. Directional fixtures such as floodlights and spotlights shall be shielded, installed and aimed that they do not project their output past the object being illuminated or skyward. 4. Except as permitted for certain recreational lighting, fixtures not meeting IESNA Full-cutoff criteria shall not be mounted in excess of 16 feet above finished grade. Fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 20 feet above finished grade. 5. Flag lighting sources shall have a beam spread no greater than necessary to illuminate the flag and shall be adequately shielded. (6) Emissions. No use shall, as part of its regular operations, cause emissions of smoke, ash, vapor, gas, dust, steam or other emissions that could obscure visibility of pilots or conflict with airport operations. (7) Wildlife attractants. No use shall foster an increase in bird population and thereby increase the likelihood of a bird impact problem. (8) Waste disposal facilities. a. No new waste disposal facilities shall be permitted with 10,000 feet of any airport unless approval is obtained from the FAA. b. Expansions of existing land disposal facilities within these distances shall be permitted only upon demonstration that the facility is designed and will operate so as not to increase the likelihood of bird/aircraft collisions. Timely notice of any proposed expansion shall be provided to the City of Fort Worth, Texas DOT and the FAA, and any approval shall be accompanied by such conditions as are necessary to ensure that an increase in bird/aircraft collisions is not likely to result. (e) Meacham International Airport. (1) Purpose and intent. The City of Fort Worth has designated the Meacham International Airport Overlay and Runway Protection Zone (AO and RPZ) in order to promote the public health, safety, peace, comfort, convenience and general welfare of the inhabitants of and near municipal airport environs and to prevent the impairment of municipal airports and the public investment therein. (2) Boundaries. The specific boundaries of the Meacham Airport Overlay and Runway Protection Zones are shown on the official zoning map maintained by the city and depicted and attached as Exhibit B.29. The Runway Protection Zones (RPZs) are as defined in the airport layout plan for the airport. (3) Use restrictions in runway protection zones. a. Permitted uses shall be allowed in accordance with Table 2, attached and incorporated here into the zoning ordinance. b. Certain uses within Table 2 shall be prohibited within the RPZs. Prohibited uses include, but are not limited to, new residences, schools, places of public assembly and outdoor recreation uses. Other prohibited uses include the manufacture of flammable or combustible liquids or materials, the generation of any substance that would impair visibility or otherwise interfere with the operation of aircraft including steam/dust/smoke; and uses that may encourage the congregation of birds or waterfowl increasing the chance of a bird strike including landfills. c. Above ground fuel storage facilities shall be permitted only in accordance with the Uniform Fire Code. d. All new nonresidential uses indicated on the table as “N” Not Compatible on Table 2 are considered prohibited. (4) Communications facilities and electrical interference. No use shall cause electrical interference with navigational signals or radio communications at the airport or with radio or electronic communications between the airport and aircraft. Proposals for the location of new or expanded radio, radio-telephone, television transmission facilities, electrical transmission lines and wind turbines shall be coordinated with the Federal Aviation Administration’s (FAA) Texas Airports Development Office prior to approval. (5) Outdoor lighting. a. Generally. No use shall project lighting directly onto an existing runway or taxiway or into existing airport approach and landing paths except where necessary for safe and convenient air travel. Lighting for any new or expanded use shall incorporate shielding in their designs to reflect light away from airport approach and landing paths. Control of outdoor lighting shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. b. Criteria. Lighting shall meet the following criteria. 1. Lighting arrangement. Lighting arrangements that mimic runway lighting (i.e., long linear parallel rows of lighting) that could be confused with runway or taxiway lighting are not permitted. 2. Illumination levels. Lighting shall have intensities, uniformities and glare control in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA), unless otherwise directed by the City of Fort Worth. 3. Lighting fixture design. i. Fixtures shall be of a type and design appropriate to the lighting application. ii. For the lighting of predominantly horizontal surfaces such as, but not limited to, parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, cul-de-sacs, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, fixtures shall be aimed straight down and shall meet IESNA full-cutoff criteria. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent lamp, are exempt from the requirements of this subsection (e)(5)b.3.ii. In the case of decorative street lighting, the City of Fort Worth may approve the use of luminaires that are fully shielded or comply with IESNA cutoff criteria. iii. For the lighting of predominantly non-horizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, fixtures shall be fully shielded and shall be installed and aimed so as to not project their output past the object being illuminated or skyward. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent lamp, are exempt from the requirements of this subsection. iv. “Barn lights,” aka “dusk-to-dawn lights,” shall be shielded. 4. Billboards and signs. i. Externally illuminated billboards and signs shall have fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted and aimed to shield the source from off-site view and to place the light output onto and not beyond the sign or billboard. The face of the sign or billboard and the illumination shall not exceed 30-vertical footcandles during the hours of darkness. ii. The light source for internally illuminated signs and billboards shall not exceed 1,000 initial lumens per square foot of sign face. iii. Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted. iv. The use of highly reflective signage that creates nuisance glare or a safety hazard is not permitted. (6) Glare. a. No use shall cause glare by highly reflective materials, including, but not limited to, unpainted metal or reflective glass, on the exterior of structures located within airport approach and landing paths or on nearby lands where glare could impede a pilot’s vision. Proposed solar arrays shall be coordinated with the FAA’s Texas Airports Development Office prior to approval. b. Criteria. The control of glare shall meet the following criteria. 1. Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. Glare surface suppressants that effectively reduce glare may also be utilized. 2. All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to pilots or the safe operation of aircraft. 3. Directional fixtures such as floodlights and spotlights shall be shielded, installed and aimed that they do not project their output past the object being illuminated or skyward. 4. Except as permitted for certain recreational lighting, fixtures not meeting IESNA full-cutoff criteria shall not be mounted in excess of 16 feet above finished grade. Fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 20 feet above finished grade. 5. Flag lighting sources shall have a beam spread no greater than necessary to illuminate the flag and shall be adequately shielded. (7) Emissions. No use shall, as part of its regular operations, cause emissions of smoke, ash, vapor, gas, dust, steam or other emissions that could obscure visibility of pilots or conflict with airport operations. (8) Wildlife attractants. No use shall foster an increase in bird population and thereby increase the likelihood of a bird impact problem. (9) Waste disposal facilities. 1. No new waste disposal facilities shall be permitted with 10,000 feet of any airport unless approval is obtained from the FAA. 2. Expansions of existing land disposal facilities within these distances shall be permitted only upon demonstration that the facility is designed and will operate so as not to increase the likelihood of bird/aircraft collisions. Timely notice of any proposed expansion shall be provided to the City of Fort Worth, Texas DOT and the FAA, and any approval shall be accompanied by such conditions as are necessary to ensure that an increase in bird/aircraft collisions is not likely to result. (f) Dallas/Fort Worth International Airport. (1) Purpose and intent. The City of Fort Worth has designated the Dallas/Fort Worth International Airport Overlay (AO) in order to promote the public health, safety, peace, comfort, convenience and general welfare of the inhabitants of and near municipal airport environs and to prevent the impairment of municipal airports and the public investment therein. (2) Boundaries. The specific boundary of the Dallas/Fort Worth International Airport Overlay is shown on the official zoning map maintained by the city and depicted and attached as Exhibit B.30. (3) Communications facilities and electrical interference. No use shall cause electrical interference with navigational signals or radio communications at the airport or with radio or electronic communications between the airport and aircraft. Proposals for the location of new or expanded radio, radio-telephone, television transmission facilities, electrical transmission lines and wind turbines shall be coordinated with the Federal Aviation Administration’s (FAA) Texas Airports Development Office prior to approval. (4) Outdoor lighting. a. Generally. No use shall project lighting directly onto an existing runway or taxiway or into existing airport approach and landing paths except where necessary for safe and convenient air travel. Lighting for any new or expanded use shall incorporate shielding in their designs to reflect light away from airport approach and landing paths. Control of outdoor lighting shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. b. Criteria. Lighting shall meet the following criteria. 1. Lighting arrangement. Lighting arrangements that mimic runway lighting (i.e., long linear parallel rows of lighting) that could be confused with runway or taxiway lighting are not permitted. 2. Illumination levels. Lighting shall have intensities, uniformities and glare control in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA), unless otherwise directed by the City of Fort Worth. 3. Lighting fixture design. i. Fixtures shall be of a type and design appropriate to the lighting application. ii. For the lighting of predominantly horizontal surfaces such as, but not limited to, parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, cul-de-sacs, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, fixtures shall be aimed straight down and shall meet IESNA full-cutoff criteria. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent lamp, are exempt from the requirements of this subsection. In the case of decorative street lighting, the City of Fort Worth may approve the use of luminaires that are fully shielded or comply with IESNA cutoff criteria. iii. For the lighting of predominantly non-horizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, fixtures shall be fully shielded and shall be installed and aimed so as to not project their output past the object being illuminated or skyward. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent lamp, are exempt from the requirements of this subsection (f)(4)b.3.iii. iv. “Barn lights,” aka “dusk-to-dawn lights,” shall be shielded. 4. Billboards and signs. i. Externally illuminated billboards and signs shall have fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted and aimed to shield the source from off-site view and to place the light output onto and not beyond the sign or billboard. The face of the sign or billboard and the illumination shall not exceed 30-vertical footcandles during the hours of darkness. ii. The light source for internally illuminated signs and billboards shall not exceed 1,000 initial lumens per square foot of sign face. iii. Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted. iv. The use of highly reflective signage that creates nuisance glare or a safety hazard is not permitted. (5) Glare. a. Generally. No use shall cause glare by highly reflective materials, including, but not limited to, unpainted metal or reflective glass, on the exterior of structures located within airport approach and landing paths or on nearby lands where glare could impede a pilot’s vision. Proposed solar arrays shall be coordinated with the FAA’s Texas Airports Development Office prior to approval. b. Criteria. The control of glare shall meet the following criteria. 1. Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. Glare surface suppressants that effectively reduce glare may also be utilized. 2. All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to pilots or the safe operation of aircraft. 3. Directional fixtures such as floodlights and spotlights shall be shielded, installed and aimed that they do not project their output past the object being illuminated or skyward. 4. Except as permitted for certain recreational lighting, fixtures not meeting IESNA full-cutoff criteria shall not be mounted in excess of 16 feet above finished grade. Fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 20 feet above finished grade. 5. Flag lighting sources shall have a beam spread no greater than necessary to illuminate the flag and shall be adequately shielded. (6) Emissions. No use shall, as part of its regular operations, cause emissions of smoke, ash, vapor, gas, dust, steam or other emissions that could obscure visibility of pilots or conflict with airport operations. (7) Wildlife attractants. No use shall foster an increase in bird population and thereby increase the likelihood of a bird impact problem. (8) Waste disposal facilities. a. No new waste disposal facilities shall be permitted with 10,000 feet of any airport unless approval is obtained from the FAA. b. Expansions of existing land disposal facilities within these distances shall be permitted only upon demonstration that the facility is designed and will operate so as not to increase the likelihood of bird/aircraft collisions. Timely notice of any proposed expansion shall be provided to the City of Fort Worth, Texas DOT and the FAA, and any approval shall be accompanied by such conditions as are necessary to ensure that an increase in bird/aircraft collisions is not likely to result. (g) Fort Worth Alliance Airport. (1) Purpose and intent. The City of Fort Worth has designated the Fort Worth Alliance Airport Overlay (AO) in order to promote the public health, safety, peace, comfort, convenience and general welfare of the inhabitants of and near municipal airport environs and to prevent the impairment of municipal airports and the public investment therein. (2) Boundaries. The specific boundary of the Fort Worth Alliance Airport Overlay is shown on the official zoning map maintained by the city and depicted and attached hereto as Exhibit B.31 and located in Appendix B of the zoning ordinance. (3) Communications facilities and electrical interference. No use shall cause electrical interference with navigational signals or radio communications at the airport or with radio or electronic communications between the airport and aircraft. Proposals for the location of new or expanded radio, radiotelephone, television transmission facilities, electrical transmission lines and wind turbines shall be coordinated with the Federal Aviation Administration’s (FAA) Texas Airports Development Office prior to approval. (4) Outdoor lighting. a. Generally. No use shall project lighting directly onto an existing runway or taxiway or into existing airport approach and landing paths except where necessary for safe and convenient air travel. Lighting for any new or expanded use shall incorporate shielding in their designs to reflect light away from airport approach and landing paths. Control of outdoor lighting shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. b. Criteria. Lighting shall meet the following criteria. 1. Lighting arrangement. Lighting arrangements that mimic runway lighting (i.e., long linear parallel rows of lighting) that could be confused with runway or taxi way lighting are not permitted. 2. Illumination levels. Lighting shall have intensities, uniformities and glare control in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA), unless otherwise directed by the City of Fort Worth. 3. Lighting fixture design. i. Fixtures shall be of a type and design appropriate to the lighting application. ii. For the lighting of predominantly horizontal surfaces such as, but not limited to, parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, cul-de-sacs, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, fixtures shall be aimed straight down and shall meet IESNA full-cutoff criteria. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent lamp, are exempt from the requirements of this subsection. In the case of decorative street lighting, the City of Fort Worth may approve the use of luminaires that are fully shielded or comply with IESNA cutoff criteria. iii. For the lighting of predominantly non-horizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, fixtures shall be fully shielded and shall be installed and aimed so as to not project their output past the object being illuminated or skyward. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent lamp, are exempt from the requirements of this subsection. iv. “Barn lights,” aka “dusk-to-dawn lights,” shall be shielded. 4. Billboards and signs. i. Externally illuminated billboards and signs shall have fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted and aimed to shield the source from off-site view and to place the light output onto and not beyond the sign or billboard. The face of the sign or billboard and the illumination shall not exceed 30-vertical footcandles during the hours of darkness. ii. The light source for internally illuminated signs and billboards shall not exceed 1,000 initial lumens per square foot of sign face. iii. Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted. iv. The use of highly reflective signage that creates nuisance glare or a safety hazard is not permitted. (5) Glare. a. Generally. No use shall cause glare by highly reflective materials, including, but not limited to, unpainted metal or reflective glass, on the exterior of structures located within airport approach and landing paths or on nearby lands where glare could impede a pilot’s vision. Proposed solar arrays shall be coordinated with the FAA’s Texas Airports Development Office prior to approval. b. Criteria. The control of glare shall meet the following criteria. 1. Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. Glare surface suppressants that effectively reduce glare may also be utilized. 2. All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to pilots or the safe operation of aircraft. 3. Directional fixtures such as floodlights and spotlights shall be shielded, installed and aimed that they do not project their output past the object being illuminated or skyward. 4. Except as permitted for certain recreational lighting, fixtures not meeting IESNA full-cutoff criteria shall not be mounted in excess of 16 feet above finished grade. Fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 20 feet above finished grade; provided however, fixtures in industrial areas meeting IESNA full-cutoff criteria may be mounted on existing light structures or any like-kind replacement at the same height as the existing light fixture. 5. Flag lighting sources shall have a beam spread no greater than necessary to illuminate the flag and shall be adequately shielded. (6) Emissions. No use shall, as part of its regular operations, cause emissions of smoke, ash, vapor, gas, dust, steam or other emissions that could obscure visibility of pilots or conflict with airport operations. (7) Wildlife attractants. No use shall foster an increase in bird population and thereby increase the likelihood of a bird impact problem. (8) Waste disposal facilities. a. No new waste disposal facilities shall be permitted with 10,000 feet of any airport unless approval is obtained from the FAA. b. Expansions of existing land disposal facilities within these distances shall be permitted only upon demonstration that the facility is designed and will operate so as not to increase the likelihood of bird/aircraft collisions. Timely notice of any proposed expansion shall be provided to the City of Fort Worth, Texas DOT and the FAA, and any approval shall be accompanied by such conditions as are necessary to ensure that an increase in bird/aircraft collisions is not likely to result. (9) Compatible land use regulations. a. All uses from time to time permitted by any underlying zoning classifications shall be permitted except the following uses which are prohibited: 1. All residential uses; provided, however, residential uses that are incidental to or ancillary to the operation of the airport or to the conduct of the aviation-related activities, including, for example, and without limitation, crew rest quarters and temporary housing for aviation trainees permitted by this subsection, shall be permitted; 2. New kindergarten through twelfth grade educational uses and child care facilities. This limitation shall not include existing public or private school campuses and shall not limit the ability of such campuses to add or expand buildings onto existing school campus property as of the date of this ordinance, April 15, 2014. All other educational uses, including, without limitation, colleges and universities, including courses offered by colleges and universities which serve as credit for both college degree programs and high school graduation, facilities for employee or client training, schools for flight instruction and vocational schools shall be permitted; and 3. Hospitals, nursing homes, institutions or any other facilities providing convalescent or rehabilitative care; establishments for the care, treatment or rehabilitation of alcoholic, narcotic or psychiatric patients; residence homes for the aged including assisted living and nursing homes; and institutions, homes or rehabilitation centers for persons convicted of crimes; provided, however, medical, dental or optical clinics for the examination, consultation or treatment of patients, medical laboratories, establishments for the sale or rental of or industrial facilities for the manufacture of medical or optical supplies and equipment, pharmacies, veterinarian clinics and related facilities, emergency medical facilities operated by or in connection with the airport shall be permitted. b. Heliports, helistops and any other facilities for the landing and taking off of helicopters, and accessory uses thereto, shall be permitted as a matter of right in the overlay; provided, however, no heliport, helistop or other facility for the landing and taking off of helicopters shall be located within 1,000 feet of any church, library or public park. The city council may, however, approve the location of a heliport, helistop or other facility for the landing and taking off of helicopters that is less than 1,000 feet from any church, library or public park. (Ord. 20898-09-2013, § 1, passed 9-10-2013, eff. 9-25-2013; Ord. 21032-11-2013, § 1, passed 11-12-2013; Ord. 21046-12-2013, § 1, passed 12-3-2013, eff. 12-31-2013; Ord. 21147-03-2014, 1, passed 3-4-2014, eff. 3-29-2014; Ord. 21207-04-2014, § 1, passed 4-15-2014; eff. 5-26-2014; Ord. 21430-09-2014, § 1, passed 9-9-2014, eff. 10-7-2014) Table 1: Compatible Use Zones Land Use Compatibility in Accident Potential Zones (Revised 8-30-2013) 2012 NAICS No. | Land Use Name | Clear Zone | APZ-I | APZ-II | Density Guidelines Table 1: Compatible Use Zones Land Use Compatibility in Accident Potential Zones (Revised 8-30-2013) 2012 NAICS No. | Land Use Name | Clear Zone | APZ-I | APZ-II | Density Guidelines | Residential | | | | | Household Units | | | | 236115 | Single units: detached (new) | N | N | N | See Note 2 below | Single units: detached (existing) | * | * | * | * Existing homes may be rebuilt; refer to § 4.405(c)(4) for regulations in existing residential subdivisions 2361 | Single units: semidetached | N | N | N | 2361 | Single units: attached row | N | N | N | 2361 | Two units: side-by-side | N | N | N | 2361 | Two units: one above the other | N | N | N | 236116 | Apartments: walk-up | N | N | N | 236116 | Apartment: elevator | N | N | N | 7213 | Group quarters | N | N | N | 7211 | Residential hotels | N | N | N | | Mobile home parks or courts | N | N | N | 7211 | Transient lodgings | N | N | N | | Other residential | N | N | N | | Existing Nonresidential Uses | * | * | * | * Existing structures may be rebuilt to the same use and s.f.; refer to § 4.405(c)(5) for regulations | Manufacturing | | | | 311 | Food and kindred products; manufacturing | N | N | Y | Max. FAR 0.56 in APZ-II 313, 314 | Textile mill products; manufacturing | N | N | Y | Max. FAR 0.56 in APZ-II 315, 316 | Apparel and other finished products: products made from fabrics, leather and similar materials; manufacturing | N | N | N | 321 | Lumber and wood products (except furniture); manufacturing | N | Y | Y | Max. FAR of 0.28 in APZ-I and 0.56 in APZ-II 337 | Furniture and fixtures; manufacturing | N | Y | Y | Max. FAR of 0.28 in APZ-I and 0.56 in APZ-II 322, 323 | Paper and allied products; manufacturing | N | Y | Y | Max. FAR of 0.28 in APZ-I and 0.56 in APZ-II 511 | Printing, publishing and allied industries | N | Y | Y | Max. FAR of 0.28 in APZ-I and 0.56 in APZ-II 325 | Chemicals and allied products; manufacturing | N | N | N | 32411 | Petroleum refining and related industries | N | N | N | 3252 | Rubber and misc. plastic products; manufacturing | N | N | N | 327991, 3271, 3272 | Stone, clay and glass products; manufacturing | N | N | Y | Max. FAR 0.56 in APZ-II 331 | Primary metal products; manufacturing | N | N | Y | Max. FAR 0.56 in APZ-II 332 | Fabricated metal products; manufacturing | N | N | Y | Max. FAR 0.56 in APZ-II 3333 | Professional scientific, and controlling instruments; photographic and optical goods; watches and clocks | N | N | N | 339 | Miscellaneous manufacturing | N | Y | Y | Max. FAR of 0.28 in APZ-I and 0.56 in APZ-II | Transportation, communication and utilities | | | | 482, 485 | Railroad, rapid rail transit, and street railway transportation | N | Y 5 | Y | Max. FAR of 0.28 in APZ-I and 0.56 in APZ-II; see Note 3 below 485 | Motor vehicle transportation | N | Y 5 | Y | Max. FAR of 0.28 in APZ-I and 0.56 in APZ-II; see Note 3 below 481 | Aircraft transportation | N | Y 5 | Y | Max. FAR of 0.28 in APZ-I and 0.56 in APZ-II; see Note 3 below 483 | Marine craft transportation | N | Y 5 | Y | Max. FAR of 0.28 in APZ-I and 0.56 in APZ-II; see Note 3 below 485 | Highway and street right-of-way | N | Y 5 | Y | Max. FAR of 0.28 in APZ-I and 0.56 in APZ-II; see Note 3 below 81293 | Automobile parking | N | Y 5 | Y | Max. FAR of 0.28 in APZ-I and 0.S6 in APZ-II; see Note 3 below 517 | Communication | N | Y 5 | Y | Max. FAR of 0.28 in APZ-I and 0.56 in APZ-II; see Note 3 below 22 | Utilities | N | Y 5 | Y | Max. FAR of 0.28 in APZ-I and 0.56 in APZ-II; see Note 3 below 562 | Solid waste disposal (landfills, incineration and the like) | N | N | N | | Other transportation, communication and utilities | N | Y 5 | Y | See Note 5 below | Trade | | | | 42 | Wholesale trade | N | Y | Y | Max. FAR of 0.28 in APZ-I and 0.56 in APZ-II 444 | Retail trade - building materials, hardware and farm equipment | N | Y | Y | See Note 6 below 452 | Retail trade (7)- shopping centers, home improvement store, discount club, electronics superstore | N | N | Y | See Note 7 below 452 | Retail trade - regional mall (existing) | N | * | * | See Note 8 below.* Refer to § 4.405(c)(5) for regulations 445 | Retail trade - food | N | N | Y | Max. FAR of 0.24 in APZ-II 441 | Retail trade - automotive, marine craft, aircraft and accessories | N | Y | Y | Max. FAR of 0.14 in APZ-I and 0.28 in APZ-II 448 | Retail trade - apparel and accessories | N | N | Y | Max. FAR 0.28 in APZ-II 442 | Retail trade - furniture, home, furnishings and equipment | N | N | Y | Max. FAR 0.28 in APZ-II 722 | Retail trade - eating and drinking establishments | N | N | N | 45399 | Other retail trade services | N | N | Y | Max. FAR of 0.16 in APZ-II | Services | | | | 52 | Finance, insurance and real estate services | N | N | Y | Max. FAR of 0.22 for general office/office park in APZ-II; see Note 9 below 812 | Personal services | N | N | Y | Office uses only; max. FAR of 0.22 in APZ-II 81222 | Cemeteries | N | Y 10 | Y 10 | 5614 | Business services (credit reporting, mail, stenographic, reproduction advertising) | N | N | Y | Max. FAR of 0.22 in APZH 493 | Warehousing and storage services | N | Y | Y | Max. FAR 1.0 APZ-I; 2.0 in APZ-II 811 | Repair services | N | Y | Y | Max. FAR of 0.11 APZ-I; 0.22 in APZ-II 54, 62 | Professional services/offices | N | N | Y | 622, 623 | Hospitals, nursing homes/assisted living | N | N | N | 621999 | Other medical facilities | N | N | N | See Note 11 below 23 | Contract construction services | N | Y | Y | Max. FAR of 0.11 APZ-I; 0.22 in APZ-II 92 | Government services | N | N | Y | Max. FAR of 0.24 in APZ-II 61 | Educational services | N | N | N | | Miscellaneous | N | N | Y | Max. FAR of 0.22 in APZ-II | Cultural, entertainment and recreational | | | | 813 | Cultural activities (and religious Institutions) | N | N | N | 71219 | Nature exhibits | N | Y 12 | Y 12 | 813 | Public assembly | N | N | N | 71 | Auditoriums, concert halls | N | N | N | 71 | Outdoor music shells, amphitheaters | N | N | N | 7112 | Outdoor sports arenas, spectator sports | N | N | N | 713 | Amusements - fairgrounds, miniature golf, driving ranges, amusement parks, etc. | N | N | Y | 713 | Recreational activities (include golf courses, riding stables, water recreation) | N | Y 12 | Y 12 | Max. FAR of 0.11 APZ-I; 0.22 in APZ-II 7212 | Resorts and group camps | N | N | N | | Parks | N | Y 12 | Y 12 | Max. FAR of 0.11 APZ-I; 0.22 in APZ-II 7139 | Other cultural, entertainment and recreation | N | Y 9 | Y 9 | Max. FAR of 0.11 APZ-I; 0.22 in APZ-II | Resource Production and Extraction | | | | 111 | Agriculture (except livestock) | Y 4 | Y 13 | Y 13 | 112 | Livestock farming and breeding | N | Y 13,14 | Y 13,14 | | Agriculture related activities | N | Y 13 | Y 13 | Max. FAR of 0.28 APZ-I; 0.56 APZ-II no activity which produces smoke, glare or involves explosives 113 | Forestry activities 15 | N | Y | Y | Max. FAR of 0.28 APZ-I; 0.56 APZ-II no activity which produces smoke, glare or involves explosives 114 | Fishing activities 16 | N 16 | Y | Y | Max. FAR of 0.28 APZ-I; 0.56 APZ-II no activity which produces smoke, glare or involves explosives 21 | Mining activities | N | Y | Y | Max. FAR of 0.28 APZ-I; 0.56 APZ-II no activity which produces smoke, glare or involves explosives 212399 | Other resource production or extraction | N | Y | Y | Max. FAR of 0.28 APZ-I; 0.56 APZ-II no activity which produces smoke, glare, or involves explosives | Other | | | | | Undeveloped land | Y | Y | Y | | Water areas | N 17 | N 17 | N 17 | Keys to Table 1 (Based on Operational Navy Instruction “Air Installation Compatible Use Zone (AICUZ) Program” OPNAVINST 11010.36C; dated 10-9-2008) NAICS = North American Industry Classification System, United States Department of Commerce, 2012 Y (Yes) = Land use and related structures are normally compatible without restriction N (No) = Land use and related structures are not normally compatible and should be prohibited Y # (Yes with restrictions) = The land use and related structures are generally compatible. However, see notes indicated by the number. N # (No with exceptions) = The land use and related structures are generally incompatible. However, see notes indicated by the number. FAR = Floor Area Ratio; a floor area ratio is the ratio between the square feet of floor area of the building and the site area. Du/Ac = Dwelling Units Per Acre This metric is customarily used to measure residential densities. Notes for Table 1 1 A “Yes” or a “No” designation for compatible land use is to be used only for general comparison. Within each, uses exist where further evaluation may be needed in each category as to whether it is clearly compatible, normally compatible or not compatible due to the variation of densities of people and structures. In order to assist installations and local governments, general suggestions as to floor/area ratios are provided as a guide to density, in some categories. In general, except with respect to an existing regional mall site, land use restrictions which limit commercial, services or industrial buildings or structure occupants to 25 per acre in APZ-I, and 50 per acre in APZ-II are the range of occupancy levels considered to be low density. Outside events should normally be limited to assemblies of not more than 25 people per acre in APZ-I, and maximum assemblies of 50 people per acre in APZ-II. 2 The suggested maximum density for detached single-family housing is one to two du/ac in a planned development (PD) of single-family detached units where clustered housing development results in large open areas, this density could possibly be increased provided the amount of surface area covered by structures does not exceed 20% of the PD total area. PD encourages clustered development that leaves large open areas. 3 Other factors to be considered: labor intensity, structural coverage, explosive characteristics, air pollution, electronic interference with aircraft, height of structures and potential glare to pilots. 4 No structures (except airfield lighting), buildings or aboveground utility/communications lines should normally be located in clear zone areas on or off the installation. The clear zone is subject to severe restrictions. 5 No passenger terminals and no major above ground transmission lines in APZ-I 6 Maximum FARs for lumber yards are 0.20 in APZ-I and 0.40 in APZ-II. For hardware/paint and farm equipment stores, the maximum FARs are 0.12 in APZ-I and 0.24 in APZ-II 7 A shopping center is an integrated group of commercial establishments that is planned, developed, owned or managed as a unit. Shopping center types include strip, neighborhood, community, regional and super regional facilities anchored by a supermarket, or drug store, discount retailer, department store or several department stores. Shopping centers include retail businesses, personal services, storefront offices and storefront financial services. The following uses are prohibited: any type of residential including hotels, hospitals/nursing homes/assisted living, other medical facilities, educational services, call centers, concert halls, sports arenas and religious institutions. Eating and drinking establishments are limited to 40% of the total gross floor square foot area of the shopping center. Included in this category are such uses as big box discount clubs, home improvement superstores, office supply superstores, and electronics superstores. The maximum recommended FAR should be applied to the gross leasable area of the shopping center rather than attempting to use the other recommended FARs listed in this table under retail or trade. FARs do not apply to existing shopping centers. 8 An “existing regional mall” site, inclusive of anchor stores, and including commercial redevelopment of the site, is a type of shopping center. An existing regional mall site may have the uses allowed in the Trade and Services sections, with Eating and Drinking establishments limited to 40% of the total existing square footage. Movie theaters are allowed up to 7% of the total existing square footage. Other medical facilities, excluding blood banks and surgery centers, are permitted up to a maximum of 25,000 s.f. within 400 feet of the eastern APZ boundary. The following uses are prohibited: any type of residential including hotels, hospitals/nursing homes/assisted living, day care (child or adult), kindergarten, elementary or secondary school, college or university, call centers, concert halls, sports arenas and religious institutions. FARs do not apply to an existing regional mall site. 9 Low intensity office uses only. Accessory uses such as meeting places, auditoriums and the like are not recommended. 10 No chapels are allowed within APZ-I and APZ-II. 11 “Other medical facilities” includes medical and dental clinics, blood banks, outpatient/ambulatory surgery centers, dialysis centers and similar higher density and sensitive uses. 12 Facilities much be low intensity and provide no tot lots and the like. Facilities such as clubhouses, meeting places, auditoriums, large classes and the like are not recommended. 13 Includes livestock grazing, but excludes feedlots and intensive animal husbandry. Activities that attract concentrations of birds creating a hazard to aircraft operation should be excluded. 14 Includes feedlots and intensive animal husbandry. 15 Lumber and timber products removed due to establishment, expansion, or maintenance of clear zones will be disposed of in accordance with appropriate DOD Natural Resources Instructions. 16 Controlled hunting and fishing may be permitted for the purpose of wildlife management. 17 Naturally occurring water features (e.g., rivers, lakes, streams, wetlands) are compatible. Table 2: Land Use Compatibility in Runway Protection Zones (Revised 10-29-2013) 2012 NAICS No. | Land Use Name | Permitted Use | Density Guidelines Table 2: Land Use Compatibility in Runway Protection Zones (Revised 10-29-2013) 2012 NAICS No. | Land Use Name | Permitted Use | Density Guidelines | Residential | | | Household Units | | 236115 | Single units: detached (new) | N | 2361 | Single units: semidetached | N | 2361 | Single units: attached row | N | 2361 | Two units: side-by-side | N | 2361 | Two units: one above the other | N | 236116 | Apartments: walk-up | N | 236116 | Apartment: elevator | N | 7213 | Group quarters | N | 7211 | Residential hotels | N | | Mobile home parks or courts | N | 7211 | Transient lodgings | N | | Other residential | N | | Manufacturing | | 311 | Food and kindred products; manufacturing | Y | Max. FAR 0.56 313, 314 | Textile mill products; manufacturing | Y | Max. FAR 0.56 315, 316 | Apparel and other finished products: products made from fabrics, leather and similar materials; manufacturing | N | 321 | Lumber and wood products (except furniture); manufacturing | Y | Max. FAR of 0.28 337 | Furniture and fixtures; manufacturing | Y | Max. FAR of 0.28 322, 323 | Paper and allied products; manufacturing | Y | Max. FAR of 0.28 511 | Printing, publishing, and allied industries | Y | Max. FAR of 0.28 325 | Chemicals and allied products; manufacturing | N | 32411 | Petroleum refining and related industries | N | 3252 | Rubber and misc. plastic products; manufacturing | N | 327991, 3271, 3272 | Stone, clay and glass products; manufacturing | Y | Max. FAR 0.56 331 | Primary metal products; manufacturing | Y | Max. FAR 0.56 332 | Fabricated metal products; manufacturing | Y | Max. FAR 0.56 3333 | Professional scientific, and controlling instruments; photographic and optical goods; watches and clocks | N | 339 | Miscellaneous manufacturing | Y | Max. FAR of 0.28 | Transportation, communication and utilities | | 482, 485 | Railroad, rapid rail transit, and street railway transportation | Y | Max. FAR of 0.28; see Note 3 below 485 | Motor vehicle transportation | Y | Max. FAR of 0.28; see Note 3 below 481 | Aircraft transportation | Y | Max. FAR of 0.28; see Note 3 below 483 | Marine craft transportation | Y | Max. FAR of 0.28; see Note 3 below 485 | Highway and street right-of-way | Y | Max. FAR of 0.28; see Note 3 below 81293 | Automobile parking | Y | Max. FAR of 0.28; see Note 3 below 517 | Communication | Y | Max. FAR of 0.28; see Note 3 below 22 | Utilities | Y | Max. FAR of 0.28; see Note 3 below 562 | Solid waste disposal (landfills, incineration and the like) | N | | Other transportation, communication and utilities | Y | See Note 5 below | Trade | | 42 | Wholesale trade | Y | Max. FAR of 0.28 444 | Retail trade - building materials, hardware and farm equipment | Y | See Note 6 below 452 | Retail trade (7)- shopping centers, home improvement store, discount club, electronics superstore | Y | See Note 7 below 445 | Retail trade - food | Y | Max. FAR of 0.24 441 | Retail trade - automotive, marine craft, aircraft and accessories | Y | Max. FAR of 0.14 448 | Retail trade - apparel and accessories | Y | Max. FAR 0.28 442 | Retail trade - furniture, home, furnishings and equipment | Y | Max. FAR 0.28 722 | Retail trade - eating and drinking establishments | N | 45399 | Other retail trade | Y | Max. FAR of 0.16 | Services | | 52 | Finance, insurance and real estate services | Y | Max. FAR of 0.22 for general office/office park; see Note 8 below 812 | Personal services | Y | Office uses only; max. FAR of 0.22 81222 | Cemeteries | Y 9 | 5614 | Business services (credit reporting, mail, stenographic, reproduction, advertising) | Y | Max. FAR of 0.22 493 | Warehousing and storage services | Y | Max. FAR 1.0 811 | Repair services | Y | Max. FAR of 0.11 54, 62 | Professional services/offices | Y | 622, 623 | Hospitals, nursing homes/assisted living | N | 621999 | Other medical facilities | N | 23 | Contract construction services | V | Max. FAR of 0.11 92 | Government services | Y | Max. FAR of 0.24 61 | Educational services | N | | Miscellaneous | Y | Max. FAR of 0.22 | Cultural, entertainment and recreational | | 813 | Cultural activities (and religious institutions) | N | 71219 | Nature exhibits | Y 10 | 813 | Public assembly | N | 71 | Auditoriums, concert halls | N | 71 | Outdoor music shells, amphitheaters | N | 7112 | Outdoor sports arenas, spectator sports | N | 713 | Amusements - fairgrounds, miniature golf, driving ranges, amusement parks and the like | Y | 713 | Recreational activities (include golf courses, riding stables, water recreation) | Y 10 | Max. FAR of 0.11 7212 | Resorts and group camps | N | | Parks | Y 10 | Max. FAR of 0.11 7139 | Other cultural, entertainment and recreation | Y 8 | Max. FAR of 0.11 | Resource Production and Extraction | | 111 | Agriculture (except livestock) | Y 11 | 112 | Livestock farming and breeding | Y 11,12 | | Agriculture related activities | Y 11 | Max. FAR of 0.28; no activity which produces smoke, glare or involves explosives 113 | Forestry activities 13 | Y | Max. FAR of 0.28; no activity which produces smoke, glare or involves explosives 114 | Fishing activities 14 | Y | Max. FAR of 0.28; no activity which produces smoke, glare or involves explosives 21 | Mining activities | Y | Max. FAR of 0.28; no activity which produces smoke, glare or involves explosives 212399 | Other resource production or extraction | Y | Max. FAR of 0.28; no activity which produces smoke, glare or involves explosives | Other | | | Undeveloped land | Y | | Water areas | N 15 | (Based on Operational Navy Instruction “Air Installation Compatible Use Zone (AICUZ) Program” OPNAVINST 11010.36C; dated 10-9-2008) Keys to Table 2 NAICS = North American Industry Classification System, United States Department of Commerce, 2012 Y (Yes) = Land use and related structures are normally compatible without restriction N (No) = Land use and related structures are not normally compatible and should be prohibited Y # = (Yes with restrictions) N # = (No with exceptions) FAR = Floor Area Ratio Du/Ac = Dwelling Units Per Acre Notes for Table 2 1 A “Yes” or a “No” designation for compatible land use is to be used only for general comparison. Within each, uses exist where further evaluation may be needed in each category as to whether it is clearly compatible, normally compatible or not compatible due to the variation of densities of people and structures. In order to assist installations and local governments, general suggestions as to floor/area ratios are provided as a guide to density, in some categories. In general, land use restrictions which limit commercial, services or industrial buildings or structure occupants to 25 per acre is the range of occupancy levels considered to be low density. Outside events should normally be limited to assemblies of not more than 25 people per acre. 2 The suggested maximum density for detached single-family housing is one to two du/ac. In a planned development (PD) of single-family detached units where clustered housing development results in large open areas, this density could possibly be increased provided the amount of surface area covered by structures does not exceed 20% of the PD total area. PD encourages clustered development that leaves large open areas. 3 Other factors to be considered; labor intensity, structural coverage, explosive characteristics, air pollution, electronic interference with aircraft, height of structures and potential glare to pilots. 4 No structures (except airfield lighting), buildings or aboveground utility/communications lines should normally be located in clear zone areas on or off the installation. The clear zone is subject to severe restrictions. 5 No passenger terminals and no major above ground transmission lines. 6 Maximum FARs for lumber yards are 0.20. For hardware/paint and farm equipment stores, the maximum FARs are 0.12. 7 A shopping center is an integrated group of commercial establishments that is planned, developed, owned or managed as a unit. Shopping center types include strip, neighborhood, community, regional and super regional facilities anchored by a supermarket, or drug store, discount retailer, department store or several department stores. The following uses are prohibited: any type of residential including hotels, hospitals/nursing homes/assisted living, other medical facilities, educational services, call centers, concert halls sports arenas and religious institutions. Included in this category are such uses as big box discount clubs, home improvement superstores, office supply superstores and electronics superstores. The maximum recommended FAR should be applied to the gross leasable area of the shopping center rather than attempting to use the other recommended FARs listed in this table under retail or trade. 8 Low intensity office uses only. Accessory uses such as meeting places, auditoriums and the like are not recommended 9 No chapels are allowed. 10 Facilities much be low intensity and provide no tot lots and the like. Facilities such as clubhouses, meeting places, auditoriums, large classes and the like are not recommended. 11 Includes livestock grazing, but excludes feedlots and intensive animal husbandry. Activities that attract concentrations of birds creating a hazard to aircraft operation should be excluded. 12 Includes feedlots and intensive animal husbandry. 13 Lumber and timber products removed due to establishment, expansion, or maintenance of clear zones will be disposed of in accordance with appropriate DOD Natural Resources Instructions. 14 Controlled hunting and fishing may be permitted for the purpose of wildlife management. 15 Naturally occurring water features (e.g., rivers, lakes, streams, wetlands) are compatible.

Fort Worth Zoning Ordinance § 4.406 TCU RESIDENTIAL (“TCU”) OVERLAY DISTRICT.

§ 4.406 TCU RESIDENTIAL (“TCU”) OVERLAY DISTRICT. (a) Purpose and intent. The purpose of the TCU residential overlay district is to facilitate preservation of existing single-family residential neighborhoods by establishing limitations and special requirements on property uses within the area that are inconsistent with the underlying zoning and original construction thereof by providing a mechanism for making such inconsistent uses compatible. (b) Applicability. The requirements set forth in this section shall only apply to one-family zoned property located within the boundaries of the TCU residential overlay district. These requirements should be applicable in addition to any other requirement set forth in the zoning ordinance or any other section of the Fort Worth City Code. Should a requirement set forth in this section conflict with another requirement set forth in the zoning ordinance, the requirement set forth in this section shall, unless otherwise provided, supersede the zoning requirement to the extent of such inconsistency. (c) Boundaries. The specific boundaries of the TCU residential overlay district are shown on the official zoning map maintained by the city and depicted and attached as Exhibit B.32. (d) Zoning classification. (1) TCU residential overlay district. The TCU residential overlay district is designed as an overlay to the base zoning district. Property located within this zoning overlay must also be designated as being within one of the base zoning districts. Permitted uses must be allowed in both the base zoning district and the overlay district and must comply with height, yard, area and parking requirements of the base zoning district. (2) Zoning designation. The zoning designation of the property located within the TCU residential overlay district shall consist of the base zoning symbol and the overlay symbol as a suffix. For example, if a parcel is zoned "A-5" and is also located in the TCU residential overlay district, the zoning of the parcel would be "A-5/TCU." (e) Use restrictions. No more than three unrelated persons may occupy a single dwelling unit in the TCU residential overlay district unless the owner has registered as a nonconforming use by March 31, 2015. When counting the number of unrelated persons in a single dwelling unit, persons related by blood, marriage or adoption shall count as one unrelated person, provided all other persons shall each count as one unrelated person. (f) Discontinuance of nonconforming use. A residential nonconforming use in the TCU residential overlay district, when discontinued or abandoned, shall not be resumed. Discontinuance or abandonment shall be defined as when a building ceases to be occupied in a bona fide manner as a nonconforming use for a period of 24 consecutive calendar months; provided, however, use of a building by persons related by blood, marriage or adoption for up to a 24 month period of time shall not affect the nonconforming status of the building. All other sections of App A. Chapter 7, "Nonconformities" shall apply. (g) Procedure for registering as nonconforming. Owners of a building located within the TCU residential overlay district being occupied by four or five unrelated persons, or issued a building permit as of the effective day of this ordinance, may continue such use by registering as a nonconforming use on or before March 31, 2015. Application for registering as a nonconforming use shall be made by submitting to the planning and development department a completed application on a form approved for such purpose by the development services director. Registration as a nonconforming use shall limit occupancy to the demonstrated preexisting density not to exceed five unrelated persons. Failure to register as a nonconforming use with the planning and development department shall result in failure to obtain nonconforming use status. (Ord. 21547-12-2014, § 1, passed 12-2-2014, eff. 12-8-2014; Ord. 24030-02-2020, § 22, passed 2-4-2020)

Fort Worth Zoning Ordinance § 4.407 CONDITIONAL USE PERMIT (“CUP”) OVERLAY DISTRICT.

§ 4.407 CONDITIONAL USE PERMIT (“CUP”) OVERLAY DISTRICT. (a) Purpose and intent. (1) Purpose and intent. This purpose of this section is to set forth the standards for the zoning commission and city council to evaluate proposed conditional uses and provide the procedures for considering and approving conditional use permit applications. Conditional uses are those uses which are generally compatible with the permitted land uses in a given zoning district, but which require individual review of their proposed location, design and configuration, and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district. (2) Relation to base zoning district. The conditional use permit is a zoning overlay that supplements the primary underlying zoning district classification by adding the specified use not otherwise allowed by right in the base zoning district. The zoning designation of property with a conditional use permit shall consist of the base zoning symbol and the overlay symbol as a suffix. (3) Conditional use permit amendment to zoning ordinance. Every conditional use permit approved under the provisions of this section shall be considered as an amendment to the zoning ordinance as applicable to the property involved. (4) Status of conditional permitted uses. The following general rules apply to all conditional uses: a. Conditional use permits in residential districts shall be limited to those uses designated "CUP" in the Residential District Use Table in § 4.603. b. Approval of a conditional use permit shall authorize only the particular use or category of related uses for which the conditional use permit is issued. c. A conditional use shall not be enlarged, extended or otherwise modified unless approved by the city council or approved administratively as applicable. d. The use of property for the purposes described in a conditional use permit shall not commence until a certificate of occupancy has been issued. A certificate of occupancy shall not be issued until all or approvals which may be required by the codes and ordinances of the city, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval have been satisfied. (b) Application for conditional use permit. (1) An application shall be filed with the planning and development department on a form prepared by that department and accompanied by a site plan. An application shall not be accepted for filing until the information required by the application and the site plan is provided and the appropriate filing fee has been paid or a request for a site plan to be required and considered through the site plan public hearing process. The zoning administrator shall determine the completeness of the application and the required application fee has been paid. (2) The application shall include any additional information as determined by the zoning administrator. a. The application will be scheduled for a public hearing before the zoning commission with appropriate notifications, once all comments from the zoning administrator have been addressed. b. The zoning commission and the city council may request additional information to be included in the application. (3) An application for a conditional use permit may be withdrawn at any time, but if the application has been recommended for denial by the zoning commission in compliance with Chapter 3, any new application requesting substantially the same use on all or part of the same described land shall not be considered within one year of withdrawal. No application for a conditional use permit shall be considered for one year after a final decision denying the application by the city council nor shall an application for a planned development district be accepted for one year after denial of a conditional use permit for a substantially similar use. (c) Procedure. (1) Public hearing required. The zoning commission and the city council shall hold a public hearing on all applications for conditional use permits. The procedures for public hearings for a request for approval of an application shall be in accordance with Chapter 3, Article 5. (2) Written notice. Written notice of the public hearing before the zoning commission shall be in conformance with Chapter 3, Article 5. (3) Zoning commission recommendation. All recommendations by the zoning commission shall be forwarded to the city council for the setting and holding of a public hearing thereon. At the public hearing the zoning commission shall review the application and receive from the applicant, the city staff, and others who have an interest in the matter, facts and opinions concerning the proposed use and the proposed conditions to which such use would be subject. The zoning commission may recommend approval to the city council with or without conditions or modifications or recommend denial of the application. (4) City council. Upon receipt of the recommendation of the zoning commission, the city council may approve the application or deny the application with or without prejudice. Approval of a conditional use permit shall be by ordinance. (d) Standards. (1) Factors for consideration. When considering applications for a conditional use permit, the zoning commission in making its recommendation and the city council in rendering its decision on the application shall on the basis of the site plan, if applicable, and other information submitted, evaluate the impact of the conditional use on, and the compatibility with surrounding properties and the neighborhoods to ensure the appropriateness of the use at a particular location. The zoning commission and the city council shall consider the following: a. The proposed use is consistent with the Comprehensive Plan; b. The proposed use is compatible with the existing and adjacent uses; c. The proposed use meets all supplemental use standards specifically applicable to the use as set forth in Chapter 5; d. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods; e. The proposed use is not materially detrimental to the public health, safety, and welfare, or results in material damage or prejudice to other property in the vicinity. (2) Conditions. In approving the application, the zoning commission may recommend and the city council may impose such conditions as are reasonably necessary to mitigate adverse effects of the proposed use in accordance with these standards and the purpose and intent of this section. Conditions and modifications may include, but are not limited to: a. Regulation of period of time the use will be allowed; b. Limitation of building size or height; c. Increased open space; d. Limitations on impervious surfaces; e. Enhanced loading and parking requirements; f. Additional landscaping, curbing, sidewalk, vehicular access and parking improvements; g. Placement or orientation of buildings and entryways; h. Buffer yards, landscaping and screening; i. Signage restrictions and design; j. Maintenance of buildings and outdoor areas; and k. Development in accordance with a submitted site plan. Conditions imposed shall be complied with before a certificate of occupancy is issued for the use of the land or any structure which is part of the conditional use permit; and such conditions shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy. (3) Waivers and variances. The city council may waive or modify specific standards otherwise made applicable to the conditional use as reasonably necessary to mitigate adverse effects of the proposed use in accordance with the standards and purpose of this section. Conditions imposed by the city council may not be waived or varied by the board of adjustment. (e) Site plan requirements. (1) Site plan requirements. The site plan submitted in support of a request for a conditional use permit shall contain sufficient information delineating the characteristics of the site, changes in those characteristics as may be proposed by the development, how the development will relate to public services and facilities, and what protection features are included to ensure that the development will be compatible with existing and allowable development on adjacent property and to mitigate development-related adverse impacts. The site plan shall show at least the following items of information: a. A current plat of the site including all easements; b. Description of the proposed use(s); c. Height, square footage, and setbacks of structures; d. Required yards and open space; e. Driveway widths and locations, roadway adjustments, traffic control devices, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets, as approved by Transportation and Public Works (TPW). A traffic impact analysis may be necessary as determined by TPW; f. Off-street parking and loading areas; g. Refuse and service areas including access and screening; h. Utilities with reference to location, availability, and compatibility; i. Note indicating that the development will comply with the below development standards of Chapter 6 unless otherwise provided on the site plan. 1. Exterior construction material and building design; 2. Location and dimensions of signs; 3. Lighting, including shielding and ambient light level not to exceed one foot candle when adjacent to one- or two-family residential zoning districts or uses; 4. Landscaping requirements. j. An analysis of the existing land uses within 300 feet and the relationship of the proposed development to the existing land uses; k. Locations of floodplains and provisions for drainage, as approved by TPW; l. Any sustainable construction methods or design to be used in the development; m. Surface type of streets, alleys, and sidewalks, existing and proposed; and n. Any requested waivers to development standards shall be listed and clearly identified on the site plan. (f) Amendments. An amendment is a request for a modification of any condition of a previously approved and currently valid conditional use permit. (1) Review and Evaluation. Any revisions to the conditional use permit after the approval by the city council shall be submitted to the zoning administrator for distribution, review and evaluation by city staff prior to resubmission and consideration by the zoning commission and city council where applicable. (2) Minor amendments. A conditional use permit is eligible for a minor amendment if the request conforms to the provisions of this section, is in keeping with the intent of the comprehensive plan, and there have not been more than two minor amendments previously granted pursuant to this subsection. Minor amendments to an approved site plan, which will not cause any of the following circumstances to occur, may be authorized by the zoning administrator: a. For all zoning districts other than mixed-use, form-based or urban residential: 1. A change in the character of the development; 2. A 5% or greater increase in the gross floor areas of structures; 3. Any substantial and material changes in such external effects on adjacent property as noise, heat, light, glare and vibration; 4. A substantial and material reduction in the originally approved separations between buildings; 5. Any adverse changes in traffic circulation, safety, drainage or utilities; 6. A 5% or greater increase in the height of structures; 7. A 10% or greater reduction in the originally approved setbacks from property lines; 8. A 5% or greater increase in ground coverage by structures; 9. A 5% or greater reduction in the ratio of off-street parking and loading space (provided that the minimum requirements of Chapter 6, Article 2 are met); 10. A change in the size, height, lighting, flashing, animation or orientation of originally approved signs. The decision of the Zoning Administrator as to whether requested changes are minor shall be final and non-appealable. b. For all mixed-use, form-based or urban residential districts: 1. A change in the character of the development; 2. A 5% or greater reduction or increase in the gross floor areas of structures; 3. Any substantial and material changes in such external effects on adjacent property as noise, heat, light, glare and vibration; 4. A substantial and material increase in the originally approved separations between buildings; 5. Any adverse changes in traffic circulation, safety, drainage or utilities; 6. A 5% or greater reduction or increase in the height of structures; 7. A 10% or greater increase in the originally approved front yard setbacks from property lines; 8. A 5% or greater reduction or increase in ground coverage by structures; 9. A 5% or greater increase in the ratio of off-street parking and loading space unless provided in structured parking (provided that the minimum requirements of Chapter 6, Article 2 are met); and 10. A change in the size, height, lighting or orientation of originally approved signs. The applicant for a minor amendment shall submit a site plan that is consistent with the requirements of subsection (e) above. The submittal shall include the site plan approved with the original application and a revised copy with annotation of the requested changes. The revised site plan shall be prepared to scale the zoning administrator to indicate acceptance of the revised site plan and, if applicable, shall include appropriate signature and seals of the design professional (i.e. architect, engineer, and surveyor) that prepared the site plan. The site plan shall be processed only upon payment of the applicable fee. If approved, the site plan shall be recorded with the ordinance approving the conditional use permit in the office of the city secretary and kept on file in the planning and development department. (3) Major amendments. Any proposed amendment other than those provided for in subsection (f)(2) above shall be considered a major amendment of a previously approved and currently valid conditional use permit. A new conditional use permit authorization shall be approved in the same manner and under the same procedures as are applicable to the issuance of the original permit. (g) Duration. (1) Period of conditional use. Conditional use permits shall be in effect for the duration of the use, or for a time period specified in the conditions of approval, or a time period is specified in Chapter 5, Supplemental Use Standards, or until the time a revocation of the permit is effectuated. (2) Renewal. a. Public hearing renewal. A conditional use permit that is not eligible for administrative renewal shall be scheduled for public hearings before the zoning commission and the city council when an application is filed and accepted as complete by the zoning administrator. The property owner or representative must file a complete application for renewal with the zoning administrator not later than 90 days before the expiration date of the conditional use permit. The conditional use may continue to operate during the public hearing renewal process provided that an application for renewal was submitted 90 days before the date of expiration. Notice of the public hearing shall be provided as would be required for a new application of a conditional use permit. The zoning commission shall make a recommendation to the city council regarding the proposed renewal based on staff reports, field inspections and evidence presented at its hearing of the following: 1. Documentation of any health and safety concerns including but not limited to: (i) Police records, and municipal or other court records as applicable, for time period since council approval; (ii) Code compliance records for time period since city council approval; (iii) Any state license required for operation of the use. (h) Discontinuation of use. In the event the use under the conditional use permit is discontinued for six months, the use of the same shall thereafter conform to the regulations of the base zoning district of such property unless a new and separate conditional use permit is granted by the city council for continuation of the use. (i) Expiration. A conditional use permit shall expire and be considered invalid if any of the below apply: (1) A building permit, if any, a plat for unplatted property or a certificate of occupancy is not issued within 180 days of the date of approval or the building permit subsequently expires, provided however, the zoning administrator may authorize an extension the conditional use permit for an additional 180 days for the issuance of a building permit, to plat the unplatted property or to obtain a certificate of occupancy. (2) The termination date in the ordinance approving the conditional use permit has passed. Continued operation of the conditional use permit shall require re-approval through the public hearing process. (j) Revocation. If the zoning administrator determines based on inspection or reasonable investigation by the city, that there are reasonable grounds for revocation of a conditional use permit, a public hearing shall be set before the zoning commission and the city council. (1) Circumstances that warrant revocation of an approved conditional use permit include but shall not be limited to the following: a. There is a conviction of a violation of any of the provisions of the zoning ordinance, the ordinance approving the conditional use or any ordinance of the city that occurs on the property for which the conditional use permit is granted; b. The building, premise, or land uses under the conditional use permit is enlarged, modified, structurally altered, or otherwise significantly changed without the approval of a separate conditional use permit for such enlargement, modification, structural alteration or change; c. Violation of any provision of the site plan encompassing the property for which the conditional use permit was issue for, terms or conditions of a conditional use permit; d. The conditional use permit was obtained by fraud or with deception. (2) Revocation process. The revocation process shall be conducted as for a zoning district change including notice to holder of the conditional use permit and property owners within 300 feet, a public hearing and recommendation by the zoning commission, and a public hearing and ordinance amendment consideration by the city council. The city council may revoke the conditional use permit, deny the revocation and allow the use to continue, deny the revocation and amend the conditional use permit to attach conditions to assure that the terms, conditions and requirements of the conditional use permit be met. (3) Effect of revocation. Upon the effective date of the revocation, it shall be unlawful to undertake or perform any activity that was previously authorized by the conditional use permit. The property subject to the conditional use permit may be used for any permitted use within the base zoning district. (k) Effect on existing special exceptions. Special exceptions for certain land uses in existence upon the effective date of the adoption of the conditional use permit, shall continue for the term granted by the board of adjustment. Upon the expiration of the term for the special exception, a request to continue the use shall conform to the requirements for a conditional use permit. (Ord. 23609-03-2019, §1, passed 3-19-2019) Editor’s note: Section 4 of Ord. 22703-05-2017, adopted May 2, 2017, repealed § 4.407, Stockyards Design (“SYD”) Overlay District, derived from § 1 of Ord. 22083-02-2016, adopted February 2, 2016. See also Code Comparative Table.

Fort Worth Zoning Ordinance § 4.408 STOP SIX (“SS”) OVERLAY DISTRICT.

§ 4.408 STOP SIX (“SS”) OVERLAY DISTRICT. (a) Purpose and intent. The purpose of the Stop Six Overlay District is to provide high quality detached single family dwellings that will retain their value over time. (b) Applicability. The requirements set forth in this section shall only apply to the construction of detached single-family dwellings within the boundaries of the Stop Six Overlay District. These requirements should be applicable in addition to any other requirement set forth in the Zoning Ordinance or any other section of the Fort Worth City Code. Should a requirement set forth in this section conflict with another requirement set forth in the zoning ordinance, the requirement set forth in this section shall, unless otherwise provided, supersede the zoning requirement to the extent of such inconsistency. (c) Boundaries. The specific boundaries of the Stop Six Overlay District are shown on the official zoning map maintained by the city and depicted and attached as Exhibit B.36 to Appendix B of the Zoning Ordinance. (d) Zoning classification. (1) Stop Six Overlay District. The Stop Six Overlay District is designed as an overlay to the base zoning district. Property located within this zoning overlay must also be designated as being within one of the base zoning districts. (2) Zoning designation. The zoning designation of the property located within the Stop Six Overlay District shall consist of the base zoning symbol and the overlay symbol as a suffix. For example, if a parcel is zoned "A-5" and is also located in the Stop Six Overlay District, the zoning of the parcel would be "A-5/SS." (e) Development standards. Development in the Stop Six Overlay District shall comply with the applicable development standards for the base zoning district except as herein provided: (1) Building materials. At least 70% of all sides of a new residential structure shall be masonry: stone, brick, terra cotta, patterned pre-cast concrete, cement board siding, cast stone or prefabricated brick panels. (2) Garages A two-car garage is required. Garages facing the street shall be located at or behind the front wall and shall not project in front of the front wall. All required parking spaces above two shall be behind the front wall. (3) Building design, architectural features. a. Homes shall have an entry feature such as a porch or stoop that faces the street. b. Open porches can extend up to ten feet into the minimum front yard to encourage larger porches. If a porch is provided, it shall be a minimum six feet in depth. c. Homes shall have a minimum of one eight square foot window on all sides of the house. The front wall shall have a minimum total window area of 16 square feet. d. Front doors shall face the public street and shall be visible from the public street. Front door openings shall not be recessed more than six feet from the front wall of the home. (4) Landscaping. Landscaping shall be kept to allow visibility to and from street-facing doors and windows. A variety of landscape plants and materials in the front yard is highly encouraged. (Ord. 23811-09-2019, §1, passed 9-10-2019, eff. 10-24-2019)
Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-33852Fetched: 10/26/2026

Starting a business in Texas? Texas LLC guide: costs and requirements