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HomeMy WebLinkAboutOrdinance 20159-04-2012 ORDINANCE NO. 20159-04-2012 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), TO REORGANIZE AND TO RENUMBER CHAPTER 4 "DISTRICT REGULATIONS"; TO ADD A MIXED-USE AND FORM-BASED DISTRICT USE TABLE; TO RE- ACTIVATE FLOODPLAIN "0-1" AND "0-2" DISTRICTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 23, 1999 the City Council of Fort Worth passed Ordinance No. 13896 re-codifying the Zoning Ordinance; and WHEREAS, Chapter 4 "District Regulations" of the Zoning Ordinance contains adopted regulations for the various zoning districts within the City of Fort Worth; and WHEREAS, since the 1999 re-codification of the Zoning Ordinance the City Council has adopted additional overlay, mixed-use and form-based zoning districts; and WHEREAS, as mixed-use and form-based districts were adopted they were placed in pre-existing categories, such as commercial and industrial, which does not accommodate the mix of uses available in the mixed-use and form-based districts; and WHEREAS, staff proposes to reorganize and renumber Chapter 4 "District Regulations" of the Zoning Ordinance to better accommodate mixed-use and form based districts and provide for greater ease and use of the district regulations; and WHEREAS, that such reorganization and renumbering will require changes to cross- references in the remaining chapters of the Zoning Ordinance; and WHEREAS, as part of the reorganization a mixed-use and form-based use table will be included to complement the existing use tables for non-residential and residential districts; and WHEREAS, at the request of the Tarrant Regional Water District and as part of the Trinity River Vision implementation the Flood Plain ("0-1" and "0-2") Districts are being reactivated to encourage river recreational uses; and WHEREAS, notwithstanding the addition of the mixed-use and form-based districts use table and the reactivation of the Flood Plain ("0-1 and "0-2") Districts, this amendment to the Zoning Ordinance is a non-substantive revision, and may not otherwise be construed to tender anv substantive change to the language contained in Chapter 4 of the Zoning Ordinance; and WHEREAS, it is advisable that the City Council amend Chapter 4 of the Zoning Ordinance to reorganize the chapter to better accommodate overlay, mixed-use and form-based district, to add a table of uses for mixed-use and form-based districts and to reactivate the Flood Plain ("O-1" and "0-2") districts; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS AS FOLLOWS: SECTION 1. Chapter 4 "District Regulations" of Ordinance No. 13986, the Zoning Ordinance of the City of Fort Worth, is hereby amended in its entirety to reorganize and renumber the zoning districts, to add a mixed-use and form based use table and to reactivate the Flood Plain ("0-1" and "0-2") Districts to read as set forth in Exhibit "A", attached hereto and incorporated herein. Those sections of Zoning Ordinance which cross-reference sections of Chapter 4 are hereby amended as shown on Exhibit "B". SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation of this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm, or corporation, who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be tined not more than Two Thousand Dollars ($2000.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinances No. 3011, 13896 and any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance, and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 7. All other provision of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain in full force and effect. SECTION 8. This ordinance shall take effect upon adoption and publication as required by law. APPROV D AS TO FO AND LEGALITY: s " By: Assistant City Attorney ADOPTED: April 3, 2012 EFFECTIVE: S�/� EXHIBIT A CHAPTER 4 DISTRICT REGULATIONS ATTACHED BY CD Exhibit B Cross -References in Zoning Ordinance APPENDIX A, CHAPTER 4. DISTRICT REGULATIONS Changes are highlighted I ARTICLE 1 GENERAL Sec 4.100. Districts Established Sec 4.101 District hierarchy Sec 4.102. District maps Sec 4.103. Compliance with district standards ARTICLE 2 SPECIAL PURPOSE DISTRICTS Sec 4.200. Agricultural ("AG") district Sec 4.201. Community facilities ("CF") district Sec 4.202. Manufactured housing ("MH") district Sect 4.203 Floodplain ("01") District Sect 4.204 Floodplain ("02") District ARTICLE 3. PLANNED DEVELOPMENT DISTRICT ARTICLE 4. OVERLAY DISTRICTS Sec 4.400. Conservation CD Overlay District Sec 4.401. Historic Preservation Overlay Districts HSE, HC, DD APPENDIX A, CHAPTER 4. DISTRICT REGULATIONS Sec 4.403. Trinity Uptown Peripheral Zones Sec 4.404. 1-35 W North Corridor District Sec 4.405. Airport/Airfield Overlay Districts A. Generally: 1. Purpose and intent 2. Applicability 3. Disclosure 4. Height Considerations — need to be mentioned but refer to FAA and Part 77 Height regulations Current section No change No change Inactive Inactive Article 4 Article 5 Current section 4.1202 4.1203 Aviation Code Article IV Currently reserved NEW NEW NEW NEW —summary but not regulated by ZO Reorganized section 4.203 4.204 4.400 Refers to cross reference sections being amended Change A thru E accordingly as referenced by the District reorganization chart None None None None 4.401 None (already incorporated in to text) Proposed section 4.403 4.404 4.405 4.405A 4.405A1 4.405A2 4.405A3 4.405A4 Refers to cross reference sections being amended None None NA NA NA NA NA NA Exhibit B Cross -References in Zoning Ordinance ARTICLE 5 RESERVED ARTICLE 6 RESIDENTIAL DISTRICT USE TABLE ARTICLE 7 RESIDENTIAL DISTRICTS ARTICLE 8. NONRESIDENTIAL DISTRICT USE TABLE ARTICLE 9. COMMERCIAL DISTRICTS 4.900 Neighborhood Commercial Restricted ("ER") District 4.901 Neighborhood Commercial ("E") District Moved 4.904 General Commercial Restricted ("FR") District 4.905 General Commercial ("F") District 4.906 Intensive Commercial ("G") District 4.907 Central Business ("H") District 4.908 4.909 APPENDIX A, CHAPTER 4. DISTRICT REGULATIONS 4.1000 Light industrial ("I") district 4.1003 Medium industrial ("J") district 4.1004 Heavy industrial ("K") district ARTICLE 11. INACTIVE DISTRICTS Multifamily Highrise ("DHR1") District Multifamily Highrise ("DHR2") District Office Midrise ("OM") District Planned Commercial ("EP") District Industrial Park ("IP") District Historic Preservation reserved Overlay Districts No change 4.902 to reserved 4.903 to reserved renumber 4.908 delete or reserve 4.909 delete or reserve Current section Amend to remove Form Based codes; put in own chart Amend to remove Form Based codes; put in own chart 4.1300 4.1301 4.902 4.903 4.904 4.905 4.1204 4.1205 NA None None None None Proposed section Refers to cross reference sections being amended 4.1001 to reserved 4.1202 4.1002 to reserved 4.1203 Renumber 4.203 4.204 4.1100 4.1101 4.1102 4.1103 4.1104 None None None None None Exhibit B Cross -References in Zoning Ordinance ARTICLE 12. FORM BASED DISTRICTS USE TABLE ARTICLE 13. FORM BASED DISTRICTS 4.1300 4.1300 Low Intensity Mixed -Use ("MU-1") District 4.1301 Low Intensity Greenfield Mixed -Use ("MU-1G") District 4.1302 High Intensity Mixed -Use ("MU-2") District 4.1303 High Intensity Greenfield Mixed -Use ("MU-2G") District 4.1304 Trinity Uptown District TU 4.1305 Near Southside NS 4.1306 Camp Bowie CB 5.100 Supplemental Use Standards 5.305 Fences 5.404 Residence for Security Purposes, temporary Signs Chapter 6, Article 4 6.409 Regulations governing on -premise detached signs I Definitions Chapter 9 9.101 Defined Terms Contributing/Non Contributing Non Residential District Store, Home Improvement DISTRICTS NEW ARTICLE 4.1200 4.902 4.903 4.1001 4.1002 4.908, 4.1201 4.909 4.1204 5.100 5.305 5.404 6.409 9.101 4.1200 4.402 4.1300 4.1301 4.1302 4.1303 4.1304 4.1305 4.1306 Uses refer to Chapter 4, Article 12 Uses refer to Chapter 4, Article 12 Uses refer to Chapter 4, Article 12 Uses refer to Chapter 4, Article 12 None None All references to Chapter 4, Article 6 and 8 add Article 12 4.1106B.14 and E to 4.1104B.14 and E Chapter 4, article 6 and 8 add Article 12 4.902D.3/4.1300D.3; 4.903D.3/4.1301 D.3; 4.1001 D. 3/4.1302 D. 3; 4.1002D.3/4.1303D.3 All references to Chapter 4, Article 5 Historic Preservation Overlay Districts/Section 4.401 Historic Preservation Overlay Districts 4.5031.1 to 4.401D.9.i.; 4.5031.2 to 4.401.D.9.ii 4.100C & 4.100D to 4.100C. E. F. H 4.803 to 4.802 & 4.1202 Chapter 4.District Regulations Article 1. General 4.100 Districts Established In order to regulate and restrict the location of trades and industries and the location of buildings erected, reconstructed, altered or enlarged for specified uses, to regulate and restrict the height and bulk of buildings hereafter erected, reconstructed, altered or enlarged, to protect and preserve places and areas of historical and cultural importance and significance, to regulate and determine the area of yards and other open spaces and to regulate and limit the density of population, the City of Fort Worth is hereby divided into districts that are grouped in classes for convenience of reference as follows. A.Special Purpose Districts 1.Agricultural (“AG”) District 2.Community Facilities (“CF”) District 3.Manufactured Housing (“MH”) District 4.Floodplain (“O-1”) District 5.Floodplain (“O-2”) District B.Planned Development District 1.Planned Development (“PD”) District C.Overlay Districts 1.Conservation (“CD”)Overlay District 2.Historic preservation (“HSE”, “HC”, “DD”) Overlay District 3.Urban Design (“DUDD”) Overlay District-Downtown 4.Trinity Uptown Peripheral Zones (“TUP”) Overlay District 5.I-35WNorth Corridor(“I-35W”) Overlay District 6.Airport/Airfield Overlay District D.ResidentialDistricts 1.One-Family (“A-2.5A”) District 2.One-Family (“A-43”) District 3.One-Family (“A-21”) District 4.One-Family (“A-10”) District 5.One-Family (“A-7.5”) District 6.One-Family (“A-5”) District 7.One-Family Restricted (“AR”) District 8.Two-Family (“B”) District 9.Zero Lot Line/Cluster (“R1”) District 10.Townhouse/Cluster (“R-2”) District 11.Low Density Multifamily (“CR”) District 12.Medium Density Multifamily (“C”) District 13.High Density Multifamily (“D”) District 14.Urban Residential (“UR”) District Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance E.Commercial Districts 1.Neighborhood Commercial Restricted (“ER”) District 2.Neighborhood Commercial (“E”) District 3.General Commercial Restricted (“FR”) District 4.General Commercial (“F”) District 5.Intensive Commercial (“G”) District 6.Central Business (“H”) District F.Industrial Districts 1.Light Industrial(“I”) District 2.Medium Industrial(“J”) District 3.Heavy Industrial (“K”) District G.Inactive Districts 1.Multifamily Highrise (“DHR1”) District 2.Multifamily Highrise (“DHR2”) District 3.Planned Commercial (“EP”) District 4.Office Midrise (“OM”) District 5.Industrial Park (“IP”) District H.Form-BasedDistricts 1.Low Intensity Mixed-Use (“MU-1”) District 2.Low Intensity Mixed-Use Greenfield (“MU-1G”) District 3.High Intensity Mixed-Use (“MU-2”) District 4.High Intensity Mixed-Use Greenfield (“MU-2G”) District 5.Trinity Uptown (“TU”) District 6.Near Southside (“NS”) District 7.Camp Bowie (“CB”) District 4.101 District Hierarchy References in this Zoning Ordinance to more or less restrictive zoning districts refer to the base zoning districts established above and represent a progression from the “A” District as the most restrictive base zoning district to the “K” District as the least restrictive base zoning district.Special purpose and inactive districts are not included in the zoning district hierarchy. 4.102 District Maps A.Maps Incorporated The districts described above and the boundaries of such districts are shown upon the maps attached hereto and made a part of this Zoning Ordinance, being designated as the “District Maps” and said maps and all the notations, references and other information shown thereon shall be as much a part of this Ordinance as if the matters and information set forth by said map were all fully described herein.The District Maps are available in the Planning and Development Department. B.Boundaries of Districts Where uncertainty exists with respect to the boundaries of the various districts, as shown on the map accompanying and made a part of this Ordinance, the following rules shall apply: Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 1.The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map accompanying and made a part of this Ordinance are bounded approximately by the street or alley lines, the centerline of said street or alley shall be construed to be the boundary of such district. 2.Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the districts designated on the map accompanying and made a part of this Ordinance are bounded approximately by lot lines, said lot line shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the map. 3.In unsubdivided property, the district boundary lines on the map accompanying and made a part of this Ordinance shall be determined by use of the scale contained on such map, unless dimensions are shown. C.Omitted Land If, because of error or omission in the District Maps, any property in the City of Fort Worth is not shown as being in a zoning district, or if for any other reason the zoning cannot be properly determined on any property in the City of Fort Worth, such property shall be classified as “AG” Agricultural until changed by amendment D.Initial Zoning In the case of property annexed to the City without a specific action designating zoning districts for the property, the property shall be classified as “AG” Agricultural until changed by amendment. 4.103 Compliance with District Standards Except asspecifically authorized to the contrary in this ordinance the following regulations apply in all districts: A.No building permit, Certificate of Occupancy or other permit shall be issued, nor shall any use be made of land or any building or structure withinthe City of Fort Worth unless such land is located in a district. B.No building or structure shall be erected, reconstructed, altered or enlarged nor shall any building or structure or land be used for any purpose other than is permitted hereafter in the district in which such building, structure or land is located, and no building, structure or land shall be used and no Certificate of Occupancy or building permit shall be issued for any use or purpose prohibited by ordinance or by the Constitution and lawsof the United States of America or of the State of Texas. C.No building or structure shall be erected, reconstructed, altered or enlarged to exceed the height or bulk limit established for the district in which such building is located. D.No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this Ordinance, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established. E.No building permit shall be issued for any building or structure unless such building or structure is located on a platted lot or lots which have been described by an instrument recorded in the county deed records in accordance with Chapter 212, Texas Local Government Code, and the lot or lots front upon a legally established street or private access easement. F.In addition, no building permit shall be issued for any building on land composed of a fractional part of any lot, or a lot and a fractional part of any adjacent lot, or the fractional parts of two adjacent lots. G.Every dwelling hereafter erected, reconstructed, altered or enlarged shall be located on a lot of record unless: i.the dwelling is an integral part of a Unified Residential Development (see Chapter 6 ‘Development Standards, Section 6.506 Unified Residential Development’; or ii.the lot is described by metes and bounds by an instrument recorded in the County Deed Records before October 1, 1940, or the date of annexation, whichever is later; or iii.the lot qualifies for a dwelling permit by other provisions of this Ordinance. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance H.No yard or other open space provided about any building or structure for the purpose of complying with the provisions of these regulations shall be considered as providing a yardor open space for any other building or structure; provided further that no yard or open space on an adjacent property shall be considered as providing a yard or open space on a lot whereon a building is to be erected. Article 2. Special Purpose Districts 4.200 Agricultural District ("AG") A.Purpose and Intent The purpose of the Agricultural District is to provide for continued use of land for agricultural purposes, including farms, ranches, orchards, truck farms and nurseries, until such time as it is appropriate and desirable to develop the property (at which time a rezoning to a district appropriate for the proposed development is required).One-family dwellings are permitted, provided they are clearly accessory to an agricultural operation. B.Uses In theAgricultural (“AG”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles6 and 8 and the supplemental use standards of Chapter 5. 1.One-Family Dwellings. One-family dwellings clearly incidental to the operation of a farm, ranch, orchard, truck garden or nursery (including dwellings on the same farm or ranch used exclusively for the housing of employees living on the premises) are permitted in the “AG” District, provided that tracts that contain less than ten acres in separate ownership shall be limited to one principal dwelling. 2.Feeding Pens. In the “AG” District, farms, ranches and similar agrarian activities involving the growing of plants and the raising and pasturing of livestock may include accessory feeding pens, provided that no operation shall be conducted that will be obnoxious or offensive.Commercial feeding pens shall not be permitted. Accessory Buildings. 3.See Chapter 5‘Supplemental Use Standards, Section5.301 Accessory Buildings on Residential Lots’. C.Property Development Standards In the Agricultural (“AG”) District, the minimum dimension of lots and yards andthe height of buildings shall be as shown in the accompanying table. Agricultural (“AG”) District Front Yard 25 feet minimum Rear Yard 25% of lot depth minimum, not to exceed 25 feet Side Yard Interior lot, up to 50’ widthEach side 10% of lot widthminimum, but not less than 3 feet Each side 5 feet minimum, sum of both sides equal to minimum 20% of Interior lot over 50’ width lot width (not to exceed 20 feet) Corner lot*Same as interior lot Height 3½stories or 45 feet maximum, provided, however, Stealth Telecommunication Towers are permitted to a height of 75 feet as a Special Exception approved by the Board of Adjustment.The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers.Telecommunication Towers are not permitted. NOTES:*May be subject to projected front yard setback (see Sections 6.101Gand 4.200D.4) Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance D.Other Development Standards Development in the Agricultural (“AG”) District may be subject to a variety of general development standards included in Chapter 6, and the following provisions: 1.On-Premises Signs. On-premises signs are permitted in the “AG” District subject to the following: A.An unilluminated nameplate bearing the family name of the occupants residing in the residence not to exceed one square foot in area. B.An unilluminated sign for those uses permitted that are not residential. The sign shall not exceed 30 square feet in area, shall be no higher than 25 feet above grade, and shall be placed a minimum of tenfeet behind the property line.Such sign shall not be placed within 20 feet of drives providing ingress and egress to the property. 2.Off-Street Parking. One space per dwelling unit.For nonresidential uses see Chapter 6 ‘Development Standards, Article 2Off Street Parking and Loading, Section 6.200’. 3.Landscaping and Buffers. Nonresidential uses may require landscaping or buffers. See Chapter 6‘Development Standards, Article 3Landscaping, Buffers, and Urban Forestry’,Section 6.300. 4.Projected Front Yard Setback. A.On corner lots, the side yard regulations shall be the same as for interior lots except in the case of reversed frontage where the corner lot abuts on the side of a lot facing the other intersecting street, in which case there shall be a side yard on the corner lot of not less than 50 percent of the front yard required on the lot abutting the rear of the corner lot or separated only by an alley. B.This regulation shall not be interpreted so as to reduce the buildable width, after providing the required minimum side yard, of a corner lot of record and in separate ownership as of May 16, 1966, to less than 28 feet. C.No accessory buildings (Sec. 5.301) on a reverse frontage corner lot shall project beyond the front yard of the lots in therear, nor shall a building be erected, reconstructed, altered or enlarged closer than 5 feet to the rear. 4.201 Community Facilities ("CF") District A.Purpose and Intent The purpose of the Community Facilities (“CF”) District is to accommodate those institutional and related uses that are established in response to the health, safety, educational and welfare needs of a neighborhood, community or major sector of the City. B.Uses In the Community Facilities (“CF”) District, no building or land shall be usedand no building shall hereafter be erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8, and the supplemental use standards of Chapter 5. C.Property Development Standards In the Community Facilities (“CF”) District, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table. “CF” District Lot Width50 feet minimum Front Yard* Across streetfrom front yard in 20 feet minimum “A” or “B” District Across street from front yard in 10 feet minimum “AR“ or “R1” through “D” District Rear Yard 5 feet minimum reduced to 0feet where adjacent to an alley at least 10 feet wide Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance Side Yard** Adjacent to residential district5 feet minimum Across street from a side yard 10 feet minimum in a residential district Height Based on most restrictive adjacent district.Stealth Telecommunication Towers are permitted to a height of 15 feet above the allowable height of the most restrictive adjacent district as a Special Exception approved by the Board of Adjustment.The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers.Telecommunication Towers are permitted to the allowable height of the most restrictive adjacent district as a Special Exception approved by the Board of Adjustment. Notes: *May be subject to setback averaging (Section 6.101G) ** May be subject to projected front yard (Section 6.101F) D.Other Development Standards Development in the Community Facilities (“CF”) District may be subject to a variety of general development standards included in Chapter 6, and the following provisions. 1.Parking . See Chapter 6‘Development Standards, Article 2 Off Street Parking and Loading, Section 6.200’.When adjacent to or across the street from a one-or two-family district, parking is prohibited in the front yard.Access to parking may be through the front yard. 2.Signs . Identification signs shallbe permitted subject to the following provisions: a.Signs shall be permitted to identify the use or uses of the property on which displayed. b.A sign or combination of signs shall have a maximum allowable area of exposure along each dedicated street frontage of not more than one square foot of sign area for each ten linear feet of frontage along said street; provided, however, a minimum of at least one sign shall be allowed having an area of 12 square feet. c.Not more than 50 percent of the total allowable sign area may be located in the required yard space along a dedicated street. However, no individual sign in such required yard space shall exceed 20 square feet in sign area. d.Symbols which are designed as an integral part of the building structure and symbols and signs which are not visible or readable from the public street shall not be limited by the above regulations. e.Signs located across the street from a one-or two-family district shall not be illuminated. The source of light for illuminated signs shall not be visible and shall not be intermittent or flashing. Revolving signs shall not be permitted. 3.Landscaping and Buffers. Nonresidential uses may require landscaping or buffers. See Chapter 6‘Development Standards, Article 3Landscaping, Buffers, and Urban Forestry, Section 6.300 4.Development Adjacent to a One-or Two-Family District. a.When adjacent to or across the street from a one-or two-family district, parking is prohibited in the front yard.Access to parking may be through the front yard. b.Except for country clubs, elementary and secondary schools, public parks, playgrounds, community centers, places of worship, day care facilities and kindergartens, all uses in the “CF” District shall be located at least 100 feet from any one-or two-family district. Such distance shall be measured from the facility to the district boundary line. c.A bufferyard in accordance with the requirements of Section 6.300 shall be required when a “CF” District is located adjacent to any one-or two-family district. E.Special Definition of Site The site for any use permitted in the “CF” District may be composed of one or more lots of record whether the same are adjacent or separated by a dedicated right-of-way. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 4.202 Manufactured Housing ("MH") District A.Purpose and Intent It is the purpose of the Manufactured Housing (“MH”) District to provide a specific area for manufactured home parks and manufactured home subdivisions only, thus providing a location for the use and enjoyment of manufactured housing along with those uses customarily accessory thereto. B.Uses In the Manufactured Housing (“MH”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5. 1. Manufactured home subdivisions. Manufactured home subdivisions are permitted in the “MH” District. 2. Manufactured home parks. Manufactured home parks are permitted in the “MH” District. Manufactured home parks shall be constructed and developed in accordance with this section. 3. Manufactured homes not in a subdivision or park. No manufactured home shall be located within the City of Fort Worth except in a manufactured home park or a manufactured home subdivision, except as permitted by the Board of Adjustment as a special exception use as a place of residence for documented security purposes (see chapter 5 ‘Supplemental Use Standards, Section5.404 Residence for Security Purposes, Temporary’). 4. Manufactured home sales lot. No manufactured home sales lot shall be permitted in the “MH District”. 5. Recreational Vehicles. Recreational vehicles shall not be occupied as permanent living quartersin any zoning district. C.Manufactured Home Subdivisions 1.Property Development Standards a.In manufactured home subdivisions in the Manufactured Housing (“MH”) District, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table, and the following standards: i.No more than one dwelling unit shall be located on any one subdivision lot; ii.Skirting shall be required on all manufactured homes; and iii.All manufactured homes shall be anchored to a permanent foundation. “MH” District: Manufactured Home Subdivision LandArea 4 acre minimum Lot Area 4,000 square feet minimum per unit Lot Width 40 feet minimum Lot Coverage 50 percent maximum Front Yard 20 feet minimum Rear Yard 5 feet minimum Side Yard Interior lot5 feet minimum Corner lot*10 feet minimum Height 35 feet maximum(see Section 6.100.) Notes: *May be subject to projected front yard (Section 6.101G) Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 2.Other Development Standards Development in the Manufactured Housing (“MH”) District may be subject to a variety of general development standards in Chapter 6, and the following provisions related to Manufactured Home Subdivision: a.Signs. On-premise signs subject to the following: i.An unilluminated nameplate bearing the family name of the occupants residing in the residence not to exceed one square foot in area. ii.An unilluminated sign for those uses allowed that are not residential.The sign shall not exceed(30)square feet in area, shall be no higher than six feet above grade, and shall be placed a minimum of ten (10) feet behind the property line. Such sign shall not be placed within (20)feet of drives providing ingress and egress to the property. b.Parking. One space per dwelling unit in a manufactured housing subdivision and two spaces per dwelling unit in a manufactured home park.See also Chapter 6 ‘Development Standards, Article 2Off Street Parking and Loading, Section 6.200’. c.Landscaping and Buffers .Non residential uses may require landscaping or buffers.SeeChapter 6‘Development Standards, Article 3Landscaping, Buffers, and Urban Forestry’, Section 6.300. D.Manufactured Home Parks All manufactured home parks and manufactured homes shall be constructed and maintained in accordance with this subsection,the Minimum Building Standards Code, and all other applicable provisions of the City Code.Any requirements of this subsection that make reference to “mobile home” or “manufactured home” shall apply to both. 1.Development Approval Requirements: A manufactured home park shall not be constructed, altered or enlarged without a Development Plan approved by the Planning and Development Department in accordance with the provisions in subsection F. 2.Property Development Standards a.In manufactured home parks, the minimum dimension of lots, yards and the height of buildings shall be shown in the accompanying table. b.Manufactured home parks shall conform to the following standards: i.Noncombustible skirting shall be anchored to a permanent foundation, including any vents, screens, and/or openings necessary for utility and mechanical system hookups; and ii.All manufactured homes shall be anchored to a permanent foundation. c.Limited use of recreational vehicles is permitted in a Manufactured Home Park as specified in this section.Recreational vehicles shall not be occupied as permanent living quarters in any zoning district. “MH” District: Manufactured Home Park LandArea Minimum of 30 manufactured home lots Lot Area 3,500 square feet minimum per unit Lot Dimensions 40 feet minimum on the narrow dimension and 80 feet minimum on the long dimension Lot Front Yard* 10 feet minimum from the nearest corner of the manufactured home, or the manufactured home accessory structure, to the nearest boundary lineof the internal street. Other Setbacks10 feet minimum from any property line; when adjoining a public street, 25 foot minimum 10 feet minimum distance between manufactured homes, at any point Height 35 feet maximum for any structure intended for occupancy. The average height of the manufactured home frame above the ground elevations, measured at (90) degrees to the frame, shall not exceed (3) feet. Private StreetsHard-surfaced; 36 feet minimum width; minimum cul-de-sac diameter Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 100 feet; maximum block length 500 feet Parking1 off-street space per lot Notes: *May be subject to projected front yard (Section 6.101G) 3.Recreational Areas a.A minimum of five (5) percent of the gross site area of the park shall be devoted to recreational facilities, and located in a central location.[In large manufactured home parks, recreation areas may be decentralized.]Community buildings and community use facilities, including adult recreation and child play areas, swimming pools, and drying yards, may be included in computing the area of recreational facilities. However, vehicle parking areas shall not be used in such computation. b.When playground space for children is provided, it shall be protected from traffic, thoroughfares and parking areas.It shall be maintained in a sanitary condition and free of safety hazards. c.A person commits an offense if the person owns or operates a manufactured home park and knowingly fails to build, operate, or maintain the park in compliance with this section. 4.Other Structures a.Permanent Residential Structures i.At each manufactured home park, no more than one (1) existing residential structure may be retained or one (1) new residential structure constructed for occupancy by the owner or operator of the park. ii.An existing residential structure located on a manufactured home park may be converted to a clubhouse, community center, or service building for use by the residents of the manufactured home park.A structure so converted shall meet all applicable codes for public occupancy applicable to the proposed use. b.Storage facilities i.Unless provided in current manufactured home models, storage facilities with a minimum capacity of two hundred (200) cubic feet per lot may be provided on the lot or in compounds located within one hundred (100) feet of each lot. ii.Where provided, storage facilities shall be designed in a manner that will enhance the appearance of the park and shall be faced with masonry, porcelainized steel, baked enamel steel or other material equal in fire resistance, durability and appearance. 5.Recreational Vehicles in Manufactured Home Parks a.A maximum of five (5) percent of the gross area of a manufactured home park may be dedicated to overnight or short term use by recreationalvehicles. b.Such portion of the manufactured home park shall be clearly delineated and shall comply with all requirements of Section 5.129 and other applicable provisions of the City Code for recreational vehicle parks with the exception of the requirement of a minimum number of spaces. c.A person commits an offense if the person knowingly occupies a recreational vehicle in a manufactured home park in excess of a total of fourteen (14) days within any six- month period. d.A person commits an offense if the person owns or operates a manufactured home park and knowingly allows or suffers a violationof this section by another person. 6.Other Development Standards a.Signs. An identifying sign shall be permitted at each major entrance to the manufactured home park except that no more than three signs shall be permitted for one park, and such signs shall be subject to the following provisions: i.Each sign shall contain only the identifying name of the park and its street address. ii.Signs may be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving signs shall not be permitted.Signs shall not be lighted between the hours of 10:00 p.m. and 6:00 a.m. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance iii. Signs may be freestanding but shall have not more than two supports and the top of the sign shall be no more than eight feet above grade. iv.Each sign shall be single-faced and shall be limited to a maximum area of 12 square feet. v. All signs shall conform with the requirements concerning setbacks from public streets that are applicable to structures, except that such signs may be attached flat against a wall or fence surrounding the manufactured home park, not portion of which shall extend into the public right of way. b.Parking. Two spaces per dwelling unit in a manufactured home park.See also Chapter 6, Article 2. c.Landscaping .For manufactured home parks, generally four (4) percent of net site area or thirty (30) foot deep landscaped area adjacent to public rights-of-way.See Chapter 6, “Development Standards” Article 3. d.Ground Surface and Drainage. i.Exposed ground surfaces shall be paved, covered with stone screening or other solid material, or protected with a vegetated growth that is capable of preventing soil erosion and elimination of dust. ii.All ground surfaces shall be graded and equipped to drain all surface water in a safe and efficient manner. iii.The area of each lot shall provide adequate support and drainage for placement of a manufactured home. E.Approval Requirements and Appeal 1.Development Plan and Application a.A manufactured home park or recreational vehicle park shall not be constructed, altered or enlarged without a valid approved Development Plan issued by the Planning and Development Department.Before any new, altered or enlargement action can occur, a Development Plan must be submitted for review.Such plan must be approved before any action may proceed.The Development Plan shall also be used when applying for appropriate permits as regulated by other codes. b.Applications for Development Plan approval shall contain at a minimum the following: i.Name and address of applicant; ii. Location and legal description of the manufactured home or recreational vehicle park; and iii.Two (2) copies of a Development Plan in conformance with the requirements of this Section, and drawn at a minimum scale of: a.One (1) inch equals one hundred (100) feet for sites under thirty (30) acres; or b.One (1) inch equals two hundred (200) feet for sites of thirty(30) acres or more. c.The application shall be accompanied by a permit fee; d.A Development Plan shall show the following: i.The area and dimensions of the tract of land, identifying its location and boundaries; ii.The number, location, and size of all manufactured home and recreational vehicle lots; iii.The location, width, and specifications of driveways, private internal streets, parking and walkways; iv.The location and details of lighting, public telephones, and electrical and gas systems; v.The location and specification of water and sewer lines and sewer service riser pipes; vi.The location and specifications of all buildings constructed or to be constructed within the manufactured home or recreational vehicle park; vii.Existing and proposed topography of the manufactured or recreational vehicle park; Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance viii.The location of fire mains, including the size of the main, fire hydrants, and fire extinguishment equipment and available fire flow; and ix.Such other information as may be reasonably required by the departments reviewing the Development Plan. 2.Appeal and Modifications a.If the Development Plan is denied, the applicant may appeal the decision to the Board of Adjustment b.The Board of Adjustment may approve the Development Plan; approve with modifications or may uphold the denial of the Development Plan. c.The Board of Adjustment shall consider the following when modifying a Development Plan: i.The minimum number of manufactured home lots in a manufactured home park; ii.The minimum square footage and minimum dimensions of manufactured home spaces; iii.The minimum number of recreational vehicle spaces in a recreational vehicle park; iv.The minimum square footage of recreational vehicle spaces; v.The minimum per acre density of recreational vehicle spaces; and vi.The number of permanent residential structures in the manufactured home or recreational vehicle park.(Ord. No. 18434, Eff. 01/16/09) 4.203 Flood Plain ("O-1") District A.Purpose It is the intent of this Section thatDistrict “O-1” shall include, and shall be limited to lands subject to the 50-Year Flood. The boundaries or limits or lands subject to the 50-Year Flood shall be determined by the City of Fort Worth Public Works Department and shall be shown on the official map of the City of Fort Worth. The Zoning Commission shall recommend to the City Council whether or not all or any part of the lands subject to the 50-Year Flood shall be classified District “O-1”. B.Use Regulations In District “O-1”, no building or land shall be used, and no building or structure shall be hereafter erected, reconstructed, altered or enlarged, and no Certificate of Occupancy shall be issued, unless otherwise provided in this Ordinance, except for one or more of the following uses: 1.Agricultural uses, including farming, grazing and livestock raising and pasturing, including ancillary feeding pens (but not commercial feeding pens), truck gardens, orchards and nurseries for the growing of plants and shrubs, provided that no obnoxious fertilizer is stored on the premises and no obnoxious soil or fertilizer processing is conducted thereon. 2.Structures, installations and facilities installed, operated and maintained by public agencies for flood control purposes. 3.Public service structures, including railway and highway bridges, provided that the location thereof shall first be approved by the Plan Commission upon report and recommendation of the appropriate City of Fort Worth departments. 4.Mining of soil, sand, gravel and minerals, provided that such use shall first be approved by the Board of Adjustment after report by the City of Fort Worth, Health, Planning and Public Works Departments and after public notice and hearing. 5.Irrigation intakes and pumps. 6.Industrial condenser water intake and outlet works. 7.Public or private utility installations, other than permanent buildings. 8.Sumps. 9.Wildlife sanctuary, woodland preserve, arboretum. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 10.Public or private reserve space. 11.Hunting or fishing preserve. 12.Boat rental, boat sales. 13.Bridle trail, bicycle trail, nature trail. 14.Country club; sports or recreation center, excluding principal buildings. 15.Golf course, driving range, archery range. 16.Christmas tree sales. 17.Taxicab stands. 18.Roads, driveways. 19.Temporary buildings and structures accessory to the above uses, such buildings and structures to be used for limited periods of time as designated by the Planning & Development Department. 20.Parks, playgrounds or recreational areas owned and operated by the City of Fort Worth. 21.Dish satellite antennas shall be considered an accessory use. When the dish exceeds two meters in diameter it shall not be located in the front or side yards and shall not exceed 12 feet in height above ground level. C.Responsibility The fact that land or property is or is not classified as being within the “O-1” Flood Plain District shall not constitute assurance that said land or property is not subject to local flooding and the designation of the “O-1” Flood Plain District in this Ordinance shall not be so interpreted. 4.204Flood Plain ("O-2") District A.Purpose It is the intent of this Section that District “O-2” shall include those lands subject to the Intermediate Regional Flood, but shall not include land in District “O-1”. The boundaries or limits of lands subject to the Intermediate Regional Flood shall be designated by the City of Fort Worth Public Works Department and shown on the official map of the City of Fort Worth. The Zoning Commission shall recommend to the City Council whether or not all or any portion of the lands designated as subject to Intermediate Regional Flood shall be classified District “O-2”. B.Use Regulations In District “O-2”, no building or land shall be used and no building orstructure shall be hereafter erected, reconstructed, altered or enlarged, and no Certificate of Occupancy issued unless said building or structure is designed and employed for other than habitation; and, is so designed, constructed and sited so as to not constitute an encroachment hazard or obstacle to the movement of flood waters; and, of a type not appreciably damaged by flood waters; and, firmly anchored to prevent dislodgment by flood waters; and approved by the Director of the Department of Public Works following city staff, and utility, county and state agency recommendations, as required; provided that where in the opinion of the Director of the Department of Public Works, topographic data, engineering and other studies are needed to determine the effects of flooding on a proposed building or structure and/or the effect of the building or structure on the flow of water, the Director of the Department of Public Works may require submittal of said data or other studies prepared by licensed engineers or other technicians. In District “O-2”, no building or land shall be used and no building or structure shall be hereafter erected, reconstructed, altered or enlarged and no Certificate of Occupancy shall be issued, unless otherwise provided in this Ordinance, except for one or more of the following uses: 1.Any use permitted in the “O-1” Flood Plain District. 2.Public or private utilities. C.Special Exception Requirements Special exception uses shall be permitted only after approval of the Board of Adjustment after report by the City of Fort Worth Health, Planning& Developmentand Transportation & Public Works Departments, after public notice and hearing, and provided that said uses are not proposed to be located within or upon levee sites, channelized floodways, sumps, dams, or other Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance flood control structures or facilities, existent or proposed, at the time of application; and provided that upon application for any of the following uses that the following information is satisfactorily submitted: 1.The relative dangers to life and property occasioned by the proposed uses. 2.The relationship of the proposed use to the comprehensive plan and flood plain management program of Fort Worth. 3.The relationship and/or effects of the proposed use to the floodwater transportation and storage capacities of the channel and flood plain.The determination of said relationship and/or effects shall be based on the assumption that any resultant permitted increase in flood plain encroachment will extend for a significant reach of the watercourse together with an encroachment equal in degree on the opposite side of the watercourse.For any fill which would result in a change greater than one foot in the water surface elevation of the Intermediate Regional Flood, the existing channel must be improved such that said change in water surface elevation does not exceed one foot; and provided that the written conditional approval or written approval of the Department of Public Works is obtained. 4.The following, submitted in ten copies at the time of application: a.Plans drawn to a scale of 1”=50’ with one-foot contour intervals as per city data, showing the nature, locations, dimensions and elevation of the site or sites in issue and environs within 500 feet thereof; existing or proposed structures, fill, storage of materials, flood-proofing measures and the relationship of same to the existing and proposed locations of the “O-1” District and “O-2” District. b.An area map showing the relationship of the area in issue to surrounding territory. c.Technical information evaluating any change of anticipated flood heights and velocities, adequacy of protection and the seriousness of possible flood damage to existing and proposed uses.Flood damages shall include, but are not limited to, harmful inundation; water erosion of soil, stream banks and beds; mud slides; stream channel shifting and changes; harmful deposition by water of eroded and shifting soil and debris upon property or in the beds of streams or other bodies of water; damage by high water to public roads, highways, bridges, utilities and to works built for protection against floods or inundation; the interruption by floods of travel, communication and commerce; and all other high water influence and results which injuriously affect the public health and the safety of property. d.Any additional information substantiating the wisdom of the proposed use. e.Additional detailed technical information which the Board of Adjustment may request, including, but not limitedto: i.A typical flood plain cross-section showing the channel of the watercourse, elevation of land areas adjacent to each side of the channel, cross-sectional area of present and projected uses, high-water information. ii.Plan (surface view) showing elevations or contours of the ground, channel alignment or realignment; all levees, sumps, diversions, pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site or sites in issue; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information. iii.Profile showing the slope of the bed of the channel or flow line of the watercourse. D.Special Exception Uses 1.On-premises advertising signs or structures. 2.Aircraft landing area. 3.Outdoor commercial amusement enterprises. 4.Carnival or circus (temporary). 5.Revival (temporary). 6.Private membership club. 7.Day camp operated by non-profit organization. 8.Racing strip or drag strip. 9.Sanitary landfill (municipal). Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 10.Principal buildings of country clubs, sports or recreation centers. 11.Greenhouse and plant nursery. 12.Motor vehicle parking area as a principal use.Auxiliary parking. 13.Private park or recreational area. 14.Rodeo (temporary). 15.Swimming pool (private or commercial) 16.Drive-in theater. 17.Amusement park. 18.Towers, as defined in Section 5.136. 19.Riding stable, horse track. 20.Game farm, fish hatchery. 21.Loading, unloading area. 22.Non-covered storage yard for equipment and material. 23.Shooting range. 24.Nursery yards or buildings for retail nursery sales. 25.Recreational vehicle parks, provided they are constructed and developed in conformance with Chapter 13 of the City Code, “Fire Prevention and Protection,” Article I, Section 13-2, Subsection (b), Appendix VIII, “Mobile Home and Recreational Vehicle Parks”. 26.Restaurants, in accordance with the Comprehensive Plan (site plan approved by Plan Commission). 27.Riverine port facilities, publicly owned. 28.Produce market (retail). 29.Offices (site plan approved by Plan Commission). 30.Temporary, open retail sales booths and ancillary facilities (site plan approved by Plan Commission). E.Height and Area Regulations In the “O-2” Flood Plain District, the height of buildings and structures and the minimum dimensions of lots and yards shall be as follows: 1.Height: Same as District “AG”. 2.Front Yard: Same as District “AG”. 3.Rear Yard: Same as District “AG”. 4.Side Yard: Same as District “AG”. F.General Requirements 1.Hospitals, boarding schools, nursing and care homes, homes for the aged or infirm, sanitariums, detention facilities, refugee centers and orphanages are specifically prohibited. 2.No building or structure shall be erected and no existing building or structure shall be extended or moved unless the main floor of said building or structure is flood-proofed to the elevation subject to flood. 3.No basement floor or other floor shall be constructed below or at a lower elevation than the main floor unless flood-proofed. 4.Foundations of all structures shall be designed to withstand flood conditions at the site. 5.Land may be filled provided such fill extends 25 feet beyond the limits of any structure erected thereon and provided that therequirements of Section 4.204Care met. G.Responsibility for Flooding The fact that land or property is or is not classified as being within the “O-2” Flood Plain District shall not constitute assurance that said land or property is not subject to local flooding, and the designation of the “O-2” Flood Plain district in this Ordinance shall not be so interpreted. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance Article 3. Planned Development (“PD”) District 4.300 Purpose and Intent The Planned Development (“PD”) District is intended to provide for greater flexibility and discretion in the development of residential, commercial, industrial, and institutional uses and combinations of such uses. The “PD” District is intended to provide for increased compatibility and more effective mitigation of potentially adverse impacts than is possible under conventional district regulations.It is recognized that it is desirable forcertain improved sites within the City to be redeveloped and for other unimproved sites to be developed symbiotically with adjacent improved land in accordance with site plans prepared and approved as a part of the ordinance authorizing the zoning necessary for the proposed development. 4.301 Designation of "PD" District A.Site Plan Approval Required No building permit or Certificate of Occupancy shall be issued and no use of land, buildings or structures shall be made in the “PD” District until the same has been approved by the City Council as part of a site plan in compliance with the procedures, terms and conditions of this Article of the Ordinance; provided, however, the requirement for a site plan may be waived by the City Council where deemed appropriate by the City Council in its sole discretion. B.Site Plan Requirements The site plan submitted in support of a request for site plan approval 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. The site plan shall show at least the following items of information: 1.The land area included within the site, the zoning classification of all adjacent sites, and all public and private rights-of-way and easements bounding and intersectingthe site and adjacent sites which are proposed to be continued, created, relocated and/or abandoned. 2.The proposed finished grade of the site and its relation to elevations of adjacent sites if pertinent. 3.A description of the proposed site and the boundaries thereof. 4.The location of each existing and each proposed structure on the site, the specific category of use or uses to be contained therein, the number of stories, gross floor area, type of exterior construction material, and the location of entrances and exits to buildings. 5.The location and width of all curb cuts and driving lanes. 6.The dimensions and capacities of parking areas and loading areas, and the character and location of illumination facilities for same. 7.All pedestrian walks, malls and open areas for use by tenants or the public. 8.The location and height of all walls, fences and screen planting and landscaping. 9.The location, size, height, foot-candle level and orientation of all lighting and signs. 10.The types of surfacing such as paving, turf or gravel to be used at the various locations. 11.The location of fire hydrants. 12.Location and screening of garbage containers, air conditioners and outside storage or display. 13.A schedule of the phasing of all improvements shown in the plan. 14.Building height, building separation and open space. 15.Density per acre of any residential dwellings. C.Application An application for site plan approval shall be filed with the Planning and Development Department on a form prepared by that Department and accompanied by a site plan. No site plan shall be accepted for filing until the appropriate filing fee has been paid. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance D.Procedure for Zoning Change to “PD” District The procedures for hearing a request for a zoning change to the “PD” District shall be the same as for a requested change to any other district, as set forth in Chapter 3, Article 5. E.“PD” District as Amendment to Ordinance Every Planned Development District approved under the provisions of this Ordinance shall be considered as an amendment to the Ordinance as applicable to the property involved. In approving the Planned Development District, the City Council may impose conditions relative to the standard of development, and such conditions 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 Planned Development District; 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. 4.302 Procedure for Site Plan Approval in "PD" District A.Public Hearing Required The Zoning Commission shall hold a public hearing on all applications for site plan approval. The procedures for hearing a request for approval of a site plan shall be in accordance with this Section. B.Written Notice Written notice of the public hearing before the Zoning Commission shall be sent to the owners of real property within 300 feet of the property upon which a site plan has been submitted, such notice to be given not less than ten days before the date set for hearing to all such owners who have rendered their said property for City taxes, as their ownership appears on the last approved ad valorem tax roll. Such notice shall be served by depositing same, properly addressed and postage paid, in the United States mail.When property lying within 300 feet of the proposed site plan is located within territory which was annexed to the City after the final date for making the renditions which are included on the last approved tax roll, at least 15 days notice of the time and place of the public hearing shall be published in the official newspaper or a paper of general circulation in the City. C.Zoning Commission Recommendation All recommendations by the Zoning Commission on site plan approval shall be forwarded to the City Council for setting and holding of a public hearing thereon. 4.303 Site Plan Revisions A.Review and Evaluation Any revisions to the site plan after the public hearing before the City Council, except as permitted under Paragraph B. below, shall be submitted to the Planning and Development Department for distribution, review and written evaluation by City staff prior to resubmission to and approval by the Zoning Commission and City Council. B.Minor Changes Minor changes to an approved site plan, which will not cause any of the following circumstances to occur, may be authorized by the Planning and Development Director or a designee: 1.A change in the character of the development. 2.A five percent 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 five percent or greater increase in the height ofstructures. 7.A ten percent or greater reduction in the originally approved setbacks from property lines. 8.A five percent or greater increase in ground coverage by structures. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 9.A five percent or greater reduction in the ratio of off-street parkingand loading space (provided that the minimum requirements of Chapter 6, Article 2 are met). 10A change in the size, height, lighting, flashing, animation or orientation of originally approved signs. The decision of the Planning and Development Director as to whether requested changes are minor shall be final and nonappealable. Any change deemed not to be a minor change, as indicated above, shall be processed as a new application to the Zoning Commission in accordance with the provisions of this Article. 4.304 Considerations for Site Plan Approval A.Criteria During the site plan review and evaluation process, the following criteria shall be considered: 1.The nature and character of the development and adequacy of the buffer between proposed improvements on the site and adjacent property. 2.The adequacy of utilities, access roads, drainage and other necessary supporting facilities that have been or will be provided. 3.The adequacy of the design, location and arrangement of all driveways and parking spaces so asto provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. 4.The adequacy of any nuisance prevention measures that have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. 5.The effect directional lighting will have on neighboring properties. 6.The impact of the proposed development on adjacent property values and on the ability of the adjacent property to be developed. B.Additional Requirements In approving a site plan, the Zoning Commission or City Council may impose additional reasonable requirements necessary to protect the public interest and welfare of the community. C.Violation of Conditions The violation of any condition or requirement on an approved site plan or any construction or use that is not in compliance with an approved site plan shall be deemed to be a violation of the ordinance which granted the “PD” District zoning change subject to site plan approval. 4.305 Uses A.Map Designations The permitted use or uses of property located in the “PD” District shall be determined at the time the district is approved by using the suffixes described below: 1.The suffix “SU” (Specific Use)may be selected and added as a suffix tothe “PD” District to note that the City Council has approved a specific use or uses or a class of generic uses such as offices, retail, personal services, educational facilities or warehousing. In the event certain uses are deemed inappropriate, the use of the property may be further restricted by eliminating certain uses from the category of uses. 2.Any Commercial or Industrial district (Chapter 4, Articles 9,10and 13) may be selected and added as a suffix to a “PD” District, which permits the property to be used for any use or uses included in the list of permitted uses for the indicated district. 3.Approval of a “PD” District in combination with a suffix of another zoning district, or approval of a “PD” District in combination with an “SU” suffix shall be deemed approval of a more restrictive district than approval of such zoning without a “PD” designation, provided that the approved use was permitted in the district indicated in the public hearing notice.Uses permitted in a “PD” District through addition of the suffix for another zoning district, may be refined through exclusion of specified uses otherwise permitted in the district. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance B.Residential Planned Developments The following may be permitted through approval of a Planned Development in accordance with the procedures in this Article.Halfway houses are permitted only through approval of a planned development. 1.Halfway houses. a.The applicant shall submit the following information to the Planning and Development Department: i.Area plan showing zoning classifications and land uses of all property within ¼ mile of the site of the proposed halfway house. The area plan must specifically identify all uses related to children, such as schools, places of worship, parks, playgrounds, day care centers, public and private youth centers, public swimming pools and video arcade facilities. The applicant is expected to make a good faith effort to locate all such uses; ii.Site plan for the property, in compliance with this Article. The site plan shall include a floor plandetailing room sizes, sleeping areas, number of beds, training rooms, kitchen and food service areas, bathrooms, recreational areas and all other uses. The site plan requirement cannot be waived by the Zoning Commission; iii.Copy of the contract governing theoperation of the facility; iv.Security plan identifying security features of facility; and v.Copy of policies and rules for operation of the facility. b.The Zoning Commission shall consider comments from the Police Department and Planning and Development Department concerning the documentation described above prior to recommending approval of any zoning change request for a halfway house. c.Notification of the requested zoning change shall be sent to the owners of all property within 1000 feet of the propertyon which the change in zoning is proposed, in accordance with the procedure set out in state law and local ordinances, and to all neighborhoods registered with the Planning and Development Department that include property located within 1000 feet of the proposed site.Notice of the time and place of the hearing before the City Council shall be published in an official newspaper or a newspaper of general circulation at least 15 days before the hearing as required by state law and shall be at least five inches by eight inches. d.If the owner or operator of a nonconforming halfway house wishes to expand the facility or make structural alterations which require the approval of the Board of Adjustment, notification of the request shall be sent to the owners ofall property within 1000 feet of the property on which the expansion is proposed, in accordance with the Rules of Procedure of the Board of Adjustment, and to all neighborhoods registered with the Planning and Development Department that include property located within 1000 feet of the proposed site.In addition, notice of the time and place of the hearing before the Board of Adjustment shall be published in an official newspaper or a newspaper of general circulation at least 15 days before the hearing and shall be at least five inches by eight inches. 2.Residential Dwellings, either exclusively or in combination with commercial, light industrial and/or institutional uses. The designated multifamily component of the Planned Development may contain more than 24 units per acre only in areas designated as mixed-use growth centers in the Comprehensive Plan.When the multifamily component of a Planned Development contains more than 24 units per acre, the applicant shall submit a service impact analysis to address impact on sewer and water service, traffic, storm drainage, nearby recreational amenities, and residential land uses within ½ mile, in addition to submitting a site plan in accordance with this article.For purposes of this section, a light industrial use is any use allowed in the “I” Light Industrial District and an institutional use is any use allowed in the “CF” Community Facilities District. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance C.Specific Commercial Uses Permitted in “PD” District Only The following uses are permitted only through approval of a Planned Development in accordance with the procedures in this Article. 1.Gambling facilities or other operations featuring games of chance, including bingo parlors. 2.Horse, dog or automotive racing. a.Additional development controls shall be required, as follows: i.Holding areas for horses or dogs shall be provided in case of fire. ii.An approved emergency plan and an approved evacuation plan shall be provided. iii.Security plans shall be provided and reviewed by the Police Department iv.Spectator parking lots shall be 500 feet from any one-or two-family districts. v.Other facilities, including accessory uses and facilities such as the race track and the bleachers, shall be 1000 feet from any one-or two-family district and from any multifamily district not a part of race track as a mixed use. vi.The parking required shall be one space for every two spectator seats and one space for every ten square feet of spectator standing area. vii.When located within or adjacent to any city, state, or national historic district, the racetrack building and structures shall be designed to be compatible with said district. viii.An approved solid waste disposal plan shall be provided and set into operation upon occupancy of the racetrack and its buildings and structures. ix.All support activities and other proposed uses, which the site may include, shall be specifically identified. b.In addition to site plan requirements and development controls above, the following design considerations shall be incorporated where feasible: i.Impact studies (such as traffic impact) on the effects of the track operations on adjacent lands.Such studies shall include setbacks; street, arterial, and highway access; and buffering of properties surrounding the racetrack site. ii.Compartmentalization of parking areas for traffic circulation and emergency vehicle circulation. iii.Emergency vehicle access around site located at the bleachers area with connection through the spectator parking lots to the user area. iv.Height of buildings and structures not to exceed 12 stories or 120 feet, whichever is the most restrictive. v.User parking and storage area for trailers and similar vehicles with separate access than from spectator parking area. 3.Shooting or weapons firing range (see also Section 23-6, Fort Worth City Code). 4.Hotels and motels within 1000 feet of a residential district (refer to ‘Supplemental Use Standards, Chapter 5.116 Hotel, Motel or Inn’). 5.Mini-Warehouse D.Specific Industrial Uses Permitted in “PD” District Only The following uses are permitted only through approval of a Planned Development in accordance with the procedures in this Article. 1.Cement, lime, gypsum or plaster of paris manufacture. 2.Coke ovens. 3.Creosote treatment or manufacture. 4.Landfill, recycling center, household hazardous waste or waste tire facility. Facilities handling, processing, and loading of municipal solid waste and recyclable materials for transportation at transfer stations; storage, processing, bailing or reclamation of paper, glass, wood, metals, plastics, rags, junk, concrete, asphalt, and other materials at materials recovery facilities and recycling centers; disposal, dumping, or reducing of offal or dead animals; composting for yard and wood wastes, municipal solid waste, and/or sludge at composting facilities; collection and storage of household hazardous wastes; and processing and storage of scrap tires at waste tire facilities, subject to the requirements set out below.For purposes of this subsection, such facilities Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance are further defined by Title 30, Texas Administrative Code, Chapter 330, “Municipal Solid Waste,” Sections 330.3,and Chapter 335, “Industrial Solid Waste and Municipal Hazardous Waste,” Section 335.1.The operator shall comply with the following requirements: a.Submit a site development plan for review that provides detailed information about the design and development of the facility and that addresses: . iZoning and land use within ¼ mile of the site; ii.Proximity to residences, businesses, and other uses; iii.Availability and characteristics of access roads including current traffic volumes and impact of proposed facility on roads and traffic; iv.Locations of all existing and proposed buildings, equipment, and machinery; v.Fire prevention and control; vi.Groundwater, drinking water, and surface water protection including wash areas, stream or water course diversions, holding ponds, and tanks; vii.Screening fences, berms, buffers, and landscaping; viii.Provisions for all activities including loading, unloading, handling, processing of materials, and maintenance and storage of containers, vehicles and other equipment and machinery to be done within the confines of the facility and behind required screening fences; and ix.Erection and maintenance of signage at the entrance to the facility that is clearly visible to the public and identifies the owner, operator, business address, telephone number, and hours of operation of the facility. b.Obtain, maintain, and have available on-site all required permits and comply with all federal, state,and local regulations that relate to the collection, transportation, handling, processing, and disposal ofall materials for which the facility is approved. c.Submit and maintain on-site an operations plan that addresses: i.Provisions for preventing unauthorized wastes and materials from being brought to the facility; ii.Procedures for identifying, handling, removing, transporting, and disposing of unauthorized wastes and materials that may have been broughtto the facility; iii.Procedures for controlling water runoff, erosion, dust, odors, vectors and rodents; iv.Procedures and employee training for fire prevention and control; v.Litter control and cleanup; and vi.Procedures for reporting and handling fuel and chemical spills. d.Provide proof of financial security by submitting documents showing compliance with federal and/or state financial assurance requirements or by submission of performance bond sufficient to ensure that maximum amount of materials stored or accumulated on-site at any one time can be properly recovered and disposed of in the event that the owner/operator is unable to do so. City Council may appoint an oversight committee of city staff, public representatives and others, as required, to provide assurance of compliance with all federal, state, and local regulations, codes, and ordinances. The operator and/or owner shall provide in writing for access to the property by said members subject to all safety and operational restrictions required by law to protect on-site public welfare and safety. The Planning and Development Department may not issue a Certificate of Occupancy until the operator of such facility submits proof that the operation of the facility has been approved by all applicable federal and state regulatory agencies as required by law. 5.Manufacture, processing or production of hazardous chemicals (including acid, ammonia, bleaching powder or chlorine manufacture, and explosives manufacture and storage) 6.Manufacture of heavy rubber products. 7.Metal smelting, reclamation or ore reduction of tin, copper, lead, zinc or iron ores. 8.Mining, quarrying, dredging or excavation of dirt, gravel, sand, or stone, for the purpose of removing, screening, crushing, washing, or storage of ore, clay, stone, gravel or similar materials, subject to the following requirements: Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance a.Provision of a site plan of all existing conditions, including topography at five-foot intervals, streams, lakes, and other bodies of water, roadways, utility lines, structures and major vegetation, including canopy cover. b.Identification of any known protected species of plant, fish or animal life, or the presence of areas of historic, cultural or archeological significance. Such property that is found to be protected or of significant public interest shall not be included in any area approved for mining. c.Delineation of all permits and licenses (including NPDES and Texas Air Control Board) required for the operation of such a facility, name of contact person, agency addressand telephone number of all permitting agencies, and verification of approval of same prior to operation. d.Submission of a plan of operation, including scheduling of activities, phasing, traffic generation, employees, and use of explosives or other hazardous or caustic materials or chemicals. e.Analysis of potential impacts to adjacent properties (especially residential) due to dust, noise, water runoff and diversion, ground water alteration, silting, sedimentation, erosion, traffic, and mitigation measures to control such impacts. Submittal of drainage study if deemed necessary by the Department of Transportation and Public Works.When deemed appropriate, as a mitigation measure of the site perimeter, City Council may require appropriate buffering, berming, screening and landscaping greater than that required under this Zoning Ordinance, which shall be maintained in a proper manner at the expense of the property owner. All mitigation measures must be installed and completed prior to any physical mining of the site. f.Submission of plan for protection of adjacent rights-of-way and streets if mining operations are planned within 50 feet of such rights-of-way and streets, and approval of plans required from the Transportation and Public Works Director. g.Approvals from all utility service providers, transmission, electric and pipeline companies for work around, near or across such utility facility, including approvals for relocation of such utility facility if required. h.Site plan identifying all proposed structures, operating facilities, loading and wash areas, roadways, stream or water course diversions, holding ponds/tanks, temporary power lines and other site improvements. i.A reclamation plan, including final topography contours, at five-footintervals, relocated stream beds, lakes, ponds and other physical features, type and depth of surface material, seeding and replanting plan for restoration of the original canopy cover of the site, including any required cross-section and engineering/construction plans as approved by the City Forester or a soil conservation scientist. It is recommended that plant materials native to the site be used. j.Submission of a performance bond or cash payment for each phase as required under the standard contractfor Community Facilities Agreement of the City to ensure that all restoration costs in accordance with the reclamation plan of the site are met. k.Provision of a clearly visible sign at the entrance to the mining operation identifying the name, businessaddress and phone number of the facility owner and operator in compliance with the requirements for on-premises signs. l.City Council may appoint an oversight committee of city staff, public representatives and others, as required, to provide assurance of compliance with all federal, state and City regulations, codes and ordinances. The operator and/or owner of a mining operation shall provide in writing for the limited access to the property by said members subject to all safety and operational restrictions required by law to protect on-site public welfare and safety. Such access approval shall be a prerequisite and part of the conditions of approval of the “PD” District. 9.Packing plants, including slaughtering of animals and processing of by-products. 10.Oil drilling and production 11.Paper and pulp manufacture. 12.Petroleum refining or wholesale storage. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 13.Rock, cement crushers and stone quarries. 14.Rolling mills. 4.306 Property Development Standards In addition to any other specific regulations, the following standards shall apply in any “PD” District. 1.The City Council, in approving any “PD” District, may designate the maximum height, floor area and/or other restrictions on the development of such uses. 2.The height and yard regulations of the most restrictive district in which the approved use or uses are allowed shall constitute the minimum development requirements; provided, however, that the City Council or Zoning Commission may impose more restrictive requirements in order to minimizeincompatibilities 3.Unless indicated on the approved site plan, the sign regulations in the most restrictive district in which the approved use or uses are allowed shall be followed. 4.The parking requirements of Chapter 6, Article 2 shall apply to all commercial and industrial uses in the “PD” District. Parking requirements for apartments and multifamily dwellings in the “PD” District shall be determined in accordance with the Unified Residential Development provisions in Section 6.506. Article 4. Overlay Districts 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.Section 211.003, Texas Local Government Code authorizes the City of Fort Worth to regulate and restrict the construction, alteration, reconstruction, or razingand 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. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 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 theprimary 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. (Ord. No. 18900, Eff. 11/10/09) 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 distinctiveneighborhood 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 fifty (50) percent 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 fifty (50) percent 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 Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 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. 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 materialand 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; 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; 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 Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 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 forty-five (45) days after receipt ofthe 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 forty-five (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 twenty percent (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 least3/4 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 Designationand 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/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/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 (10) 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, Chapter 3.400 Variances’).The Board of Adjustment shall schedule a hearing on such appeal within thirty (30) days after receipt of the notice of appeal, or as soon thereafter as is reasonably practicable. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 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 $2,000.00 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. 4.401 Historic Preservation Overlay Districts (“HSE”, “HC”, “DD”) A.Purpose and Intent As a matter of public policy, the protection, enhancement and perpetuation of landmarks or districts of historical, cultural, architectural or archeological importance and significance are necessary to promote the economic, cultural, educational and general welfare of the public. It is recognized that the City of Fort Worth represents the unique confluence of time and place that has shaped the identity of generations of citizens, collectively and individually, and produced significant historical, cultural, architectural and archeological resources that constitute their heritage.The provisions of this Article are intended to: 1.Protect, enhance and perpetuate landmarks and districts of historical, cultural, architectural or archeological importance which represent or reflect distinctive and important elements of Fort Worth’s historical, cultural, architectural, archeological, social, economic, ethnic and political heritage; 2.To promote the preservation and conservation of the heritage, architecture, culture and development of Fort Worth; 3.Educate elected officials, appointed bodies, city departments, and the public at large about the heritage of Fort Worth and the benefits of utilizing historic preservation to achieve the goals and vision of the City; 4.Foster civic pride by recognizing accomplishments of the past; 5.Protect and enhance the attractiveness of the City to tourists and visitors and support and stimulate the economy; 6.Ensure the harmonious, orderly and efficient growth and development of the City; 7.Encourage appropriate land uses, which respect the historic character and development of significant sites, features, structures and neighborhoods; 8.Engage the public in discourse on the preservation of the City,its benefits, and participation in planning for historic preservation; 9.Promote the economic prosperity and welfare of the community; 10.Encourage the stabilization, restoration and improvement of property and property values; and 11.Maintain a generally harmonious outward appearance of both historic and modern structures, which are compatible and complementary in scale, form, color, proportion, texture and material. BAppointment of Historic Preservation Officer The Planning and Development Director shall appoint a qualified staff person to serve as Historic Preservation Officer.The Historic Preservation Officer shall administer this Article and advise the Historic and Cultural Landmarks Commission on matters submitted to such Commission.In addition to serving as representative of the Historic and Cultural Landmarks Commission, the Historic Preservation Officer is responsible for coordinating the City’s historic preservation activities with those of state and federal agencies and with local, state, and national nonprofit preservation organizations.The Historic Preservation Officer shall maintain the historic resources survey and shall update such survey from time to time. C.Districts Established 1.Establishment of Categories There shall be three categories of protection for historically, culturally, architecturally or archeologically significant properties in the City of Fort Worth, as follows: a.Highly Significant Endangered (“HSE”) b.Historic and Cultural Landmark, if an individual structure or site, or Historic and Cultural Landmarks District, if more than one structure or site (“HC”); and Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance c.Demolition Delay (“DD”) These historic preservation overlay districts may appear on the Official Zoning Map from time to time as required by Section 4.401D.8. 2.Previously Designated Overlay Districts All places, objects, sites, structures or property heretofore designated by the City Council as “HC” Historic and Cultural Subdistricts or “HC” Historic and Cultural Landmark Overlay Districts under pre-existing provisions of the Zoning Ordinance shall be accorded the protection of property designated as Historic and Cultural Landmark under this Article and shall bear the appropriate mark in their zoning designation.Tax incentives granted for renovation, restoration or rehabilitation under pre-existing provisions of the Zoning Ordinance shall remain in force. 3.Relationship of Designations to Base Zoning Districts a.Designation of a structure, site or area by the City Council as “HSE”, “HC”, or “DD” 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. However where the proposed use of a historically significant property may adversely impact the character or integrity of the property, the provisions of this article may be used to encourage an appropriate alternative. b.A historic overlay district is subject to the regulations of the primary zoning district classification. However, where adopted design guidelines of a district recommend a more historically appropriate yard setback building height, lot dimension or site configurationthan the base zoning district allows, the design guidelines shall prevail however in no instance shall this relieve the requirement for a variance from the Board of Adjustments in compliance with the provisions set out by this or any other adopted ordinance. c.Design guidelines adopted for any district shall be considered supplementary to any provision of this article and the regulations of the City of Fort Worth. For all instances where this article shall be applied, the prevailing precedence shall be as follows: i.Chapter 4, Article 4of the Comprehensive Zoning Ordinance of the Cityof Fort Worth for all matters of process, procedure and regulation; ii.The adopted guidelines of a district, the City of Fort Worth, or the Secretary of the Interiorfor all matters of rehabilitation, restoration orpreservation; and iii.All other City of Fort Worth ordinances, regulations or policies as theymay apply to any action described within this article. d.In no instance shall the provisions of this article 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 provisions of this Article and anyother provision of the Zoning Ordinance, the most restrictive regulation shall apply in the absence of a specific directive to the contrary. 4.General Criteria for Designation The following criteria and supplemental examples shall be used to propose thesignificance of structures, sites and their features, or neighborhoods and to evaluate designation by the City of Fort Worth as Highly Significant Endangered, Historic and Cultural Landmark district and Demolition Delay: a.Is distinctive in character, interest or value; strongly exemplifies the cultural, economic, social, ethnic or historical heritage of the City of Fort Worth, State of Texas or the United States, including, but not limited to: i.Site or structure associated with a particular ethnic, religious, social orcultural group's history or development; ii.Site or structure associated with the founding, development orexpansion of an historical or established business in the City of FortWorth, the State of Texas or the United States; or Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance iii.Site or structure associated with a documented theme in the history ofFort Worth such as the Pioneer and "Fort Worth" era, the Cattle Drivesand the Stockyards, Railroads, development patterns, or oil, aviation and other industries. b.Is an importantexample of a particular architectural type or specimen in the City of Fort Worth, including, but not limited to: i.Example of a high style form of architecture such as Victorian, Art Deco orBeaux Arts; ii.Example of a revival style of architecture such as Classical Revival orTudor Revival; or iii.Example of documented vernacular or regional architecture such as ashotgun or bungalow. c.Has been identified as the work of an important architect or master builder whose individual work has contributed to the development of the City of Fort Worth, including, but not limited to: i.Work of an architect, landscape architect or builder known on a nationalscale such as Louis Kahn, Phillip Johnson, or Tadao Ando; ii.Work of an architect or builder knownfor specific contributions to FortWorth such as Wyatt Hedrick, Preston Geren, or Wiley Clarkson; or iii.Work associated with an architecture, landscape architecture or buildingfirm identified with significant projects in Fort Worth such as Sanquinetand Staats; Hare and hare, or Van Slyke & Woodruff. d.Embodies elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation, including, but not limited to: i.Contains specific and identifiable architecture features; ii.Contains information about primitive or archaic construction methods ordesign; or iii.contains materials significant for their use or manner of use. e.Bears an important and significant relationship to other distinctivestructures, sites 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, including, but not limited to: i.Contributes to a neighborhood or area described by previous historicalsurvey as eligible local or National Register District; ii.Associated with an established pattern of development applied similarlyacross a defined neighborhood or subdivision; iii.Associated with a style of architecture, type of construction, or detailedfeature of significance to a class of building or geographic area. fPossesses significant archeological value, which has produced oris likely to produce data affecting theories of historic or prehistoric interest, including, but not limited to; i.Tests a hypothesis or process in important research in the socialsciences, or humanities; ii.Corroborates or enhances current information on the past, its people, orprocesses; or; iii.Reconstructs a culture or site for the purpose of identifying andexplaining connections to or between historic or prehistoric events,cultures, or peoples. g.Is the site of a significant historic event, including, but not limited to: i.Location of a specific event important to the history of the city, state, orcountry such as a Civil War battlefield or the site of the original militaryfort at Fort Worth; ii.Specific location of a pattern of events significant to the history of the city,state, or country such as part of the Chisholm Trail or a depot on the railroad; or iii.General location establishing a pattern of events significant to the city,state, or country such as an industrial district representing the city'sachievements in the meat packing industry or a neighborhood developedby oil barons. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance h.Is 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, including, but not limited to: i.Site associated with a specific person of significance to the city, state, orcountry such as the home of John Ryan, the office of Amon Carter, or thegrave of Ripley Arnold; ii.Site associated witha business or personal interest to someone ofsignificance such as a neighborhood developed by John Ryan or the siteof a club with membership of noteworthy citizens; or iii.Site associated with a known organization or group of people withsignificance such as a fraternal organization or congregation. i.Represents a resource, whether natural or man-made, which greatly contributes to the character or image of a defined neighborhood or community area, including, but not limited to: i.Explain a feature that caused a specific pattern of development such as the effect the Trinity River has on river front property or the effect theInterstate Highway has on the splitting of one historical neighborhoodinto many neighborhoods; ii.Defines a relationshipbetween features, sites, or structures such as the orientation of structures around community park or the location of aschool within a neighborhood; or iii.Expresses an aesthetic or historic sense of a period of time such as acarriage house or a hand drawn well. j.Is designated as a Recorded Texas Historic Landmark or State Archeological Landmark, or is included on the National Register of Historic Places. D.Procedures for Designation of Property The procedures for designation of sites, features, and structures as highly significant endangered, historic and cultural landmark (individual or as a district), and demolition delay are as follows: 1.Initiation of Nomination a.An application may be submitted by the owner of a property, their duly authorized agent, or by the City Manager. b.In lieu of an application, the Historic and Cultural Landmarks Commission or theCity Council may adopt a resolution calling for the Historic Preservation Officer tosubmit a nomination to the Historic and Cultural Landmarks Commission forconsideration. Where the Historic and Cultural Landmarks Commission adoptsa resolution, the nomination may not be considered until the next regularlyscheduled meeting. c.Nominations prepared and submitted by an authorized agentshall contain thesignatures of the owner or owners unless created by resolution of the City Councilor the Historical and Cultural Landmarks Commission. 2.Nomination a.Application contents. All applications submitted for the designation of a propertyas Highly Significant Endangered, Historic and Cultural Landmark or DemolitionDelay shall contain at a minimum, the following information: i.Site address, legal description and base zoning for the property or propertiesin question. For the designationof a structure or feature on a partial lot orparcel, a metes and bounds survey stamped by a surveyor licensed by the State of Texas shall be required; ii.Property owner or owners name, mailing address, and telephone number; iii.Survey or site plan depicting the location of all buildings and site features contained within the property to be designated; iv.Photographs of each elevation of all buildings and site features containedwithin the property to be designated; v.Written description of all buildings and site features with materials,architectural features, height, fenestration and other significant details and adescription of each building or feature's status as contributing ornon-contributing to the significance of the site; Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance vi.Written nomination containing applicability of the criteria for designations; and vii.Application form containing the signature of the owner or owners. b.Where a nomination is for the designation of a Historic and Cultural Landmarkdistrict, the application shallcontain the signatures of owners in support of thedistrict as follows: i.50 percent or more of the individual tracts, parcels or platted lots to be locatedwithin the boundaries of the proposed district; and ii.50 percent or more of the land to be located within the boundaries of the proposed district. iii.Two or more platted lots developed together shall be counted as one lot. iv.Each vacant platted lot of sufficient size to be developed under the currentzoning designation for the property shallbe counted as one lot. c.For purposes of this section, the Historic Preservation Officer is the administrativeofficial with original jurisdiction to review an application for completeness. Anapplication shall not be accepted by the Historic Preservation Officer until itcontains all information prescribed herein. For nominations submitted byresolution of the City Council or the Historic and Cultural LandmarksCommission, an application shall be deemed complete upon a majorityaffirmative vote of the appropriate body. 3.Notice of Nomination Whenthe Historic Preservation Officer deems an applicant to be complete, a notice of the pending nomination shall be mailed to all property owners at least ten days before the scheduled Historic and Cultural Landmarks Commission hearing.The notice shall be served by depositing the same, properly addressed and postage paid, in the United States Mail.In the case of nomination for a historic and cultural landmarks district, a notice of nomination shall be mailedto each individual owner of property within the district in accordance with this section.The most recently approved municipal tax roll showing the name and address of the owner shall be used for this purpose.The notice of nomination shall include the following information: a.A description of the property proposed for nomination, including the contributing or non-contributing status of properties included within a district nomination; b.The proposed category of protection and the criteria on which the nomination is based; c.A description of the benefits, restrictions and other terms of the proposed designation, including but not limited to tax incentives and restrictions on demolition and rehabilitation; d.The time, place and date of the public hearing by the Historic and Cultural Landmarks Commission to consider such designation; e.A statement of the stay of actions after nomination provided for in Paragraph C below; and f.A form on which the owner may explain the reasons why the nomination should be approved or denied. 4.Stay of Actions After Nomination a.Interim Controls. The governing body finds that immediate, temporary controls prohibiting alteration, demolition or relocation of properties for which a notice of nomination as Highly Significant Endangered, Historic and Cultural Landmark or Historic and Cultural Landmarks District has been mailed, and prohibiting demolition or relocation of structures for which a notice of nomination as Demolition Delay has been mailed are required in order to further the purpose of this Article. b.Highly Significant Endangered, Historic and Cultural Landmark and Historic and Cultural Landmarks District.After the Historic Preservation Officer has mailed a notice of nomination as Highly Significant Endangered, Historic and Cultural Landmark or Historic and Cultural Landmarks District to the owner or owners of such property by standard mail, all permits for construction, repairs, alterations, additions, stabilization, restoration, rehabilitation, demolition or relocation of any building, object or structure on the property shall be subject to the Certificate of Appropriateness Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance requirements contained in Section 4.401Efor a period of 135 days or until the proposed designation is denied.In the event that the proposed designation is approved, the property shall be subject to all Certificate of Appropriateness requirements applicable to such designation.Permits for which an application has been submitted to the appropriate City department before the noticeof nomination is mailed shall not be subject to interim controls or the Certificate of Appropriateness requirements. c.Demolition Delay. After the Historic Preservation Officer has mailed a notice of nomination for designation as Demolition Delay to theowner or owners of such property by standard mail, all permits for demolition or relocation of any building, object or structure on the property shall be subject to the Certificate of Appropriateness requirements contained in Section 4.401Efor a period of 135 days or until the proposed designation is denied.In the event that the proposed designation is approved, the property shall be subject to all Certificate of Appropriateness requirements applicable to Demolition Delay properties.Permits for which an application has been submitted to the appropriate City department before the notice of nomination is mailed shall not be subject to interim controls or the Certificate of Appropriateness requirements. d.Relief from interim Controls. An owner may seek relief from the interim controls by requesting a Certificate of Appropriateness in accordance with the procedures contained in Section 4.401E.In addition, an owner may seek expedited relief from the interim controls by presenting information to the Historic and Cultural Landmarks Commission to show unusual and compelling circumstances justifying such relief. Such request shall be filed with the Historic Preservation Officer within ten days after receipt of the notice of nomination and shall be accompaniedby a copy of a bona fide written agreement requiring relocation or demolition of the structure, which shall have been entered into prior to receipt of the notice of nomination, or other evidence that the interim controls will cause substantial imminent harm to the owner which justifies expedited consideration of the owner’s request for relief.The owner shall also present evidence concerning plans for development of the property.The Historic and Cultural Landmarks Commission shall conduct a hearing on such matter within 15 days after the request for relief is filed.The Historic and Cultural Landmarks Commission 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.It is the governing body’s intent to keep historic structures whenever possible, in recognition of the fact that historic structures have been needlessly demolished, resulting in vacant lots.In the event that the Historic and Cultural Landmarks Commission finds unusual and compelling circumstances justifying relief from the interim controls, the Historic and Cultural Landmarks Commission may expedite review of the nomination, shorten the term of the interim controls, release the owner from such controls or take such other action as the Historic and Cultural Landmarks Commission deems to be appropriate. 5.Consideration of Designation Any property nominated for designation as HSE, HC (individual or district), or DD shall be considered for designation at public hearings by the Historic and Cultural Landmarks Commission,the Zoning Commission, and the City Council. a.Historic and Cultural Landmarks Commission Hearing. There shall be a public hearing of the Historic and Cultural Landmarks Commission beforearecommendation is voted upon the designation of a property or district. i.Upon the determination by the Historic Preservation Officer that a completeapplication has been received for designation, a public hearing of the Historic and Cultural Landmarks Commission shall be scheduled. At this hearing, theHistoric Preservation Officer shall verify the required signatures of propertyowners have been received, present any proposed design guidelines for Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance review, present the context for establishing contributing status of propertywithinthe district and a list of the properties considered to meet this criteria,and describe the economic incentives eligible and describe the economic incentives eligible under the designation. The Historic and Cultural Landmarks Commission may accept this testimony or may continueconsideration of the designation and request amendments or modifications to the information presented. ii.The Commission may recommend the designation or adoption of theproposed guidelines, may recommend the designation and guidelines with specific modifications or may recommend denial of the designation. iii.Where the Commission finds it necessary to continue discussions on anypart of the nomination, or cannot recommend approval of the proposeddesign guidelines, consideration of both the nomination and the guidelinesmay be continued to a date agreed upon by an affirmative vote of theCommission. b.Zoning Commission Hearing. Upon submittal of the recommendation of the Historic and Cultural Landmarks Commission, the proposed designation andwhere applicable design guidelines shall be submitted to the Zoning Commissionfor its review and recommendations.The Zoning Commission shall give noticeand conduct its public hearing on the proposed designation and where applicabledesign guidelines within 45 days of the receipt of such recommendation from theHistoric and Cultural Landmarks Commission, or as soon thereafter as isreasonably practicable.The hearing shall bein the same manner andaccording to the same procedures for amending the zoning map as set forth inChapter 3, Article 5. c.City Council Hearing.The City Council shall give notice and conduct its hearing on the Historic and Cultural Landmarks Commission’s recommendation concerningthe proposed designation within 45 days of receipt of the recommendation of theZoning Commission, or as soon thereafter as is reasonably practicable. The CityCouncil 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. d.Vote Required for Designation by the City Council.If an owner of a propertynominated for designation as Highly Significant Endangered, Historic and CulturalLandmark or Demolition Delay orthe owners of at least 20 percent of an areanominated for designation as an Historic and Cultural Landmarks District protestsuch designation by submitting a written, signed protest, the affirmative vote of atleast ¾ of all members of the City Council is required in order for the designation totake effect, in accordance with Section 211.006 of the Texas Local GovernmentCode. 6.Recording of Designations on Zoning Map . Upon designation of a site, structure or area as Highly Significant Endangered, Historic and Cultural Landmark, Historic and Cultural Landmarks District or Demolition Delay, the City Council shall cause the designation to be recorded on the official zoning maps of the City.All zoning maps shall indicate designated Highly Significant Endangered properties with the suffix “HSE”, Historic and Cultural Landmarks, whether designated individually or as a district, with the suffix “HC”, and Demolition Delay properties as “DD”, in addition to the marks indicating the primary underlying zoning district classification. 7.Filing of Designations in Property Records. Record of designations of a site, structure or area as Highly Significant Endangered, Historic and Cultural Landmark, Historic and Cultural Landmarks District or Demolition Delay shall be recorded in the official property records of the county in which the property is located.Property owners who file an application for designation shall record such designation and provide proof of filing to the Historic Preservation Officer. In all other cases the Historic Preservation Officer shall file such designation. Proof of recordation shall be provided to the Historic Preservation Officer prior to the receipt of any subsequent economic incentives from the City of Fort Worth. 8.Amendments to an existing Historical and Cultural Landmark District. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance Following the designation by the City Council of a Historic and Cultural Landmark District, amendments to change the district boundary, the adopted design guidelines or the list of contributing properties shall follow the procedures for an amendment to this ordinance and in accordance with the following provisions: a.The boundary of an existing district may be amended or otherwise altered toinclude additional properties where each of the following conditions exist: i.The geographic area proposed for inclusion within the existing boundary is contiguous to the existing district; ii.The area proposed for inclusion is found to meet at least three of the tencriteria for designation as described in this article; iii.The area proposed for inclusion has a similar context and character thatreasonably relates to the existing district, either by architectural, historical, or cultural motif; and iv.A petition in support of the amendment signed by the owners of more than 50% of the individual tracts, lots, and parcels and more than 50% of the totalland area within the area proposed for inclusion. b.The design guidelines for a district may be amended at the request of the property owners or the City Council, provided that: i.A request to amend design guidelines from property owners must be accompanied by a petition in support of the proposed amendments signed by the owners of more than 50% of the individual tracts, lot and parcels and more than 50% of the total land area within the district; ii.A request to amend design guidelines from the City Council may be in the form of a resolution calling for the Historic Preservation Officer to submit revised design guidelines to the Historic and Cultural Landmarks Commission for consideration. The Historic Preservation Officer and the commissioner for the historic district shall meet with the property owners in the historic district to revise the guidelines as directed by the City Council. iii.The existing design guidelines shall remain in effect, unless otherwise found to be void, until the date of approval by the City Council of any amendments or alterations to the design guidelines. iv.Any amendments to design guidelines shall at a minimum meet the requirements of the Secretary of the Interior's Standards for Historic Preservation. c.The list of contributing structures for a district may be amended periodically at the request of the district or the City Council where each of the following conditions exist: i.A statement for each property as to why the change in status is sought, accompanied by any additional information that may be requested by the historic preservation officer to support the change in status. ii.Any returned responses forms on which the owner may explain the reasons why the reclassification should be approved or denied. 9.Criteria to establish Structures as Contributing or Non-Contributing. The following criteria shall be used to evaluate whether a property contributes to a historic district and shall be included in the ordinance establishing the historic district: a.Contributing shall mean a structure in a historic district: i.(1) That is considered to be historically, culturally, or architecturally significant according to the criteria established by local, state or the federal government, including those formally promulgated by the National Park Service, Department of the Interior; or(2) meets the criteria as set forth in Section 4.401.C.4; and ii.Thatwas designated as a contributing structure in the ordinance establishing the district or was reclassified as a contributing structure under section 4.401.D.8.c. b.Noncontributing property shall mean a structure in a historic district that: i.(1) Does not add to the historical or architectural qualities of the historic district, (2) Was not present during the period of significance, or (3) because of alterations or deterioration , it has lost its physical integrity as determined by the Historic Preservation Officer and the Historic and Cultural Landmarks Commission; and Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance ii.Was classified as noncontributing in the ordinance established the historic district and has not been reclassified as contributing under section 4.401.D.8.c. E.Certificate of Appropriateness To preservesignificant structures and neighborhoods, changes shall be documented and reviewed to determine if the proposed change is appropriate to the character of the area designated or pending designation as HSE, HC, or DD and does not adversely impact its significance. 1.Certificate of appropriateness required. All changes to the exterior of a structure designated or pending designation as HSE or HC and the land by which it is accessed shall require review for appropriateness with the provisions of this article, and adopted design guidelines.In addition, the demolition or relocation of any structure designated or pending designation as HSE, HC, or DD shall also require review for appropriateness in the same manner. a.Work, which does not involve a change tomaterial, configuration, dimension, or outward appearance, shall be considered in-kind repair and does not require a certificate of appropriateness. b.Removal of non-original and non-historic materials, restoration of existing features, repairs, alterations and construction not visible from the public right of way, and alteration of a non-contributing structure shall be reviewed by the historic preservation officer and if found to be appropriate and consistent with applicable standards and guidelines maybe issued a certificate of appropriateness. At the discretion of the historic preservation officer, an application found to alter significantly the character of a structure or site may be referred to the Historic and Cultural Landmarks Commission for further review. c.Alterations and construction visible from the public right of way, demolition, relocation of a structure, and any an application found to alter significantly the character of a structure or site shall be reviewed by the Historic and Cultural Landmarks Commission. 2.Application for a certificate of appropriateness. The property owner of authorized agent shall file an application for a certificate of appropriateness with the historic preservation officer prior to the commencement of any work.The application shall contain a completed application form, as provided by the historic preservation officer, with the signature of the property owner or authorized agent and attachments as required by the historic preservation officer in order to evaluate the appropriateness of the application, including but not limited to: a.Site plan of the property; b.Photographs of all affected elevations of the structure and property; c.Detailed description of the proposed work; d.Scaled drawings or renderings of all proposed changes for each affected elevation, including dimensions, materials and profile drawings; e.Structural reports and documents; f.Samples of materials to be used; g.For demolition and relocation applications, rationale why the structure is no longer significant, based on the criteria for designation, or if applicable, proof of economic hardship; and h.Any other information requested by the Historic and Cultural Landmarks Commission or historic preservation officer necessary to evaluate the appropriateness of the proposed work. An application shall not be accepted until it is determined complete and correct by the historic preservation officer. 3.Criteria for evaluation of appropriateness. The intent of the historic designation is to preserve the character, identity, and presence of historic structures and sites without constraining creative use and adaptation. Therefore, in determining the appropriateness of proposed changes to an area designated or pending designation the following standards adapted from the Secretary of the Interior’s Standard for Rehabilitation shall be used in conjunction with approved design guidelines and applicable city code: Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance a.A structure or property shall be used for its historic purpose or be placed in a new use that is permitted under the zoning ordinance. The use shall require minimal change to the defining characteristics of the structure, property, site and environment. b.The historic character of a structure or property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a structure or property shall be avoided. c.Each structure or property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other structures or property, shall not be undertaken. d.Most structures and property change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. e.Distinctive features, finishes and construction techniques or examples of craftsmanship which characterize a structure or property shall be preserved within the limits permitted by applicable codes and ordinances. f.Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials, provided such materials meet other applicable codes and ordinances. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence. g.Chemical or physical treatments, such as sand-blasting, which cause damage to historic materials, shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. h.Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. i.New additions, exterior alterations, or related new construction shall not destroy historic materials which characterize the structure or property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the structure or property and its environment. j.New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic structure or property and its environment will be unimpaired. k.New construction, which takes place after demolition or removal of a structure or property in an historic and cultural landmarks district has been approved, must comply with the design guidelines for the district. l.New construction, which takes place after demolition or removal of a structure thatis an accessory use to a structure designated highly significant endangered or historic and cultural landmark, must comply with the design guidelines in order to maintain the historic character of the designated structure. 4.Procedure for review and issuance of a certificate of appropriateness. Upon acceptance of a completed application, the historic preservation officer shall review the project for consistency with applicable city ordinances, the provisions of this article and adopted design guidelines. a.Historic Preservation Officer. The Historic Preservation officer is authorized to issue a Certificate of Appropriateness for the following types of alteration, repairs, construction and restoration of a building or structure in a historic district; i.The removal of non-original and non-historic materials; or ii.The restoration of existing features or of original detailing proven by documentation such as photographs, architectural evidence or building plans; iii.All emergency repairs and other public, health and safety issues; or iv.Noncontributing structures other than additions.(Ord. No. 19026, Eff. 02/09/10) b.Historic and Cultural Landmarks Commission . Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance The Historic and Cultural Landmarks Commission shall conduct a public hearing to consider an application for a certificate of appropriateness within 45 days after it is accepted by the historic preservation officer or as soon thereafter as is reasonably practicable. i.Notice to owners of adjacent property. Upon receipt of a complete application for a certificate of appropriateness, the historic preservation officer or a designee shall prepare a notice of public hearing, which shall be mailed to the owner or owners of property located within a distance of 200 feet of the property listed within the application, at least ten days prior to the Historic and Cultural Landmarks Commission hearing. The notice may be served by depositing the same, properly addressed and postage paid, in the United States Mail. ii.For applications seeking to demolish or relocate a structure designated or pending designation as HSE, HC or DD, the city manager or designee shall cause the posting of at least one sign on the property used to access the structure no less than ten days before the date of the public hearingat which the application will be considered by the Historic and Cultural Landmarks Commission.Where possible, the sign shall be conspicuously located near the public right of way. The sign shall indicate the pending request for demolition or relocation and provide a contact source for additional information. The posting of the sign or its maintenance shall not be deemed a condition precedent to the holding of any public hearing, to the approval or denial of the certificate of appropriateness or to any other official action concerning the application. iii.The owner or authorized representative and all other persons who have executed a purchase contract or option contract for purchase of the property, or their representatives, shall appear at the hearing.The owner, potential buyers and all other interested parties, including local preservation groups, will be heard concerning the application. For requests to demolish or relocate a structure, the Historic and Cultural Landmarks Commission may request evidence concerning plans for the future development of the property. c.Decision of the Historic and Cultural Landmarks Commission . At the conclusion on the public hearing or as soon thereafter as is reasonably practicable, the Historic and Cultural LandmarksCommission shall take one or more of the following actions: i.Approval of the Certificate of Appropriateness: If the Historic and Cultural Landmarks Commission finds that the application is consistent with applicable regulations and guidelines, a Certificate of Appropriateness may be approved, with or without any conditions that may be appropriate; ii.Denial of the Certificate of Appropriateness: If the Historic and Cultural Landmarks Commission finds that the application is not consistent with applicable regulations and design guidelines, a Certificate of Appropriateness may be denied with or without prejudice; iii.Waiver from Design Guidelines: If the Historic and Cultural Landmarks Commission fails to issue the Certificate of Appropriateness becausethe proposed work is not consistent with applicable regulations and design guidelines, the owner shall have the right to request a waiver from the design guidelines from the Historic and Cultural Landmarks Commission. aa.Burden of Proof: In order to receive a waiver from the guidelines, the owner must prove by a preponderance of the evidence that no reasonable opportunity exists to recover the cost of the proposed work if it is required in accordance with the design guidelines. bb.Evidence of Economic Hardship: In determining whether to grant such a waiver, the Historic and Cultural Landmarks Commission may consider the following evidence: 1.The cost to perform the work in compliance with the criteria and design guidelines; 2.The value of the property; Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 3.The extent to which a waiver is necessary to allow the owner a reasonable opportunity to recover the cost of the work; 4.Whether granting the waiver will harm an existing or proposed historic and cultural landmarks district or property designated highly significant endangered or historic and cultural landmark; 5.Whether the proposed work is in harmony with the spirit and purpose of this Article. cc.The Historic and Cultural Landmarks Commission and city staff, in consultation with local preservation groups and other interested parties, shall explore with the owner, or a representative, alternatives for performance of the proposed work that will preserve the structure or property to the greatest extent that is economically feasible. dd.Decision of theHistoric and Cultural Landmarks Commission 1.If the historic and Cultural Landmarks Commission finds that the owner has satisfied the burden of proof, the waiver from the design guidelines may be approved and the work allowed, with or without conditions. The certificate of Appropriateness shall state the terms and the condition of waiver. All waivers shall be in compliance with all other city codes and ordinances. 2.If the Historic and Cultural Landmarks Commission finds that the owner filed to satisfythe burden of proof, the Certificate of Appropriateness will be denied. iv.Continuation of the request for certificate of appropriateness. If the Historic and Cultural Landmarks Commission finds that there is not enough information to reasonably determine the appropriateness of the proposed work or if all interested parties who may present testimony are not in attendance at the public hearing, the application may be continued until such time the necessary information or interested parties are available. d.Certificate of Appropriateness, Demolition or Relocation: i.Loss of significance: The Historic and Cultural Landmarks Commission may approve a Certificate of Appropriateness for demolition or relocation when it has determined that the structure is no longer significant. In making this determination, the Historic and Cultural Landmarks Commission must find that the owner has established by a preponderance of evidence that the structure has undergone significant and irreversible changes which have caused it to lose the significance, and/or quality or features which qualified the structure designation. ii.Economic hardship: the owner of the property denied a Certificate of Appropriateness based on loss of significance shall have the right to introduce evidence to establish that the owner will suffer an unreasonable economic hardship if the Certificate of Appropriateness is not issued for the demolition or relocation of the structure. aa.The owner shall have the burden of establishing by a preponderance of the evidence that an unreasonable economic hardship exists under the criteria set forth in section 4.401G. bb.If the Historic and Cultural Landmarks Commission finds that the owner has failed to establish by a preponderance of the evidence that an unreasonable economic hardship exists, the Certificate of Appropriateness shall be denied. cc.If the Historical and Cultural Landmarks Commission finds that the owner has satisfied by a preponderance of the evidence that an unreasonable economic hardship exists,the Certificate of Appropriateness may be issued with or without the following conditions. The Historic and Cultural Landmarks Commission may delay the issuance of the Certificate of Appropriateness up to 180 days after the date of the public hearing; mayrequire the preparation of a salvage plan; documentation of the property; and/or the preservation of trees, shrubs and other landscaping of substantial significance. These conditions shall be in compliance with all other city codes and ordinances. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance e.Certificate of appropriateness, demolition delay: The Historic and Cultural Landmarks Commission may not deny an application for a certificate of appropriateness for demolition of property designated or pending designation as demolition delay, however, the owner or authorized agent shall be required to participate in a consultation meeting to discuss a process for alternatives to demolition prior to the issuance of a permit, in accordance with the following: i.Within thirty (30) days, of submission of an application for demolition, the historic preservation officer shall schedule a consultation meeting with the owner or authorized agent, city staff and interested parties to propose alternatives to the owner which would seek to alleviate the need for demolition.These alternatives may include but are not limited to property tax relief, loans or grants from public or private resources, acquisition of the property, a transfer of development rights, or a variance from provisions of the zoning ordinance or building code. The application shall not be deemed complete by the historic preservation officer until the owner or authorized agent provides a written response to any alternatives proposed in the consultation meeting. ii.The historic preservation officer shallupon completion of the application schedule a public hearing in accordance with section 4.401.E.4. The owner of the property shall be in attendance at the public hearing. iii.The Historic and Cultural Landmarks Commission shall conduct a public hearing during which the owner or authorized agent shall present testimony and evidence stating why the structure should be demolished, including but not limited to proof of unreasonable economic hardship, barriers to development, structural deficiency or loss of significance. iv.At the conclusion of the public hearing, the Historic and Cultural Landmarks Commission shall issue a certificate of appropriateness for demolition pending the submission by the owner of a response to each proposal in writing and submitted to the historic preservation officer for review and acceptance by the Historic and Cultural Landmarks Commission. aa.As a condition to the certificate of appropriateness, the Historic and Cultural Landmarks Commission may require a delay of no more than 180 days from the date of the hearing. bb.During the delay period the owner may request a hearing of the Historic and Cultural Landmarks Commission to present evidence why the delay should be waived or shortened. cc.At the end of any delay period, if a suitable alternative plan acceptable to the owner has not been approved by the Historic and Cultural Landmarks Commission, the city shall issue a permit for demolition. dd.If the owner of the property can provide a preponderance of evidence that there is no economically viable use of the property without demolition of the structure, the delay period may be waived or shortened to any time less than 180 days at the discretion of the Historic and Cultural Landmarks Commission. ee.In determining the length of any delay, the Historic and Cultural Landmarks Commission shall consider whether delay of such certificate of appropriateness will cause unreasonable economic hardship to the owner. ff.Should the Historic and Cultural Landmarks Commission fail to approve a specific delay period by an affirmative vote, the maximum delay of 180 days allowed by this article shall be required. gg.In the event that the owner of property designated demolition delay allows a valid demolition permit to expire without demolishing the property, the owner and subsequent owners of the property shall not be subject to the 180 day demolition delay with regard to applications for a demolition permit submitted to the appropriate city official within three years following expiration of the permit. 5.Documentation of properties to be demolished or relocated. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance Unless the Historic and Cultural Landmarks Commission determines otherwise, the property owner shall file the following documentation with the historic preservation officer, at the owner's expense, as a condition for the issuance of a certificate of appropriateness for the demolition or relocation of any structure or property designated or pending designation as highly significant endangered or historic and cultural landmark orlocated in an area designated or pending designation as an historic and cultural landmarks district, other than a non-essential element: a.Photographs of the structure, property or features to be demolished; b.Written documentation of the architectureof the structure or property; c.Documentation that the site has been rezoned (e.g. “PD” Planned Development), replatted, variances granted or that other development requirements have been met; and d.Additional documentation required for certain highlysignificant properties: i.Significant historical background of past owners and events in the structure or on the property; ii.Scaled drawings of the floor plan; iii.Scaled drawings of the exterior elevation; iv.Scaled plan indicating the dimensions of the site and exact location of each structure, property and landscape feature on the site; and v.Any other information the Historic and Cultural Landmarks Commission may deem reasonably necessary to record the proposed demolition or relocation, suchas documentation in accordance with the Historic American Building Survey (HABS) or Historic American Engineering Record (HAER) 6.Re-filing of application for certificate of appropriateness. When an application for certificate of appropriateness is denied by the Historic and Cultural Landmarks Commission, or the Appeals Board on appeal, or when the owner has withdrawn an application after the application has been scheduled for hearing, no new application of like nature shall be accepted by the city or scheduled for a hearing by the Historic and Cultural Landmarks Commission for a period of 12 months following the date of denial or withdrawal, unless the application is denied without prejudice; provided, however, on receipt of written request by the owner describing substantially changed conditions since prior consideration of the application to justify an earlier consideration of the application, the Historic and Cultural Landmarks Commission may waive the mandatory delay period and authorize the acceptance of a new application. 7.All decisions of the Historic and Cultural Landmarks Commission shall be in writing. The decisions shall state the findings of the Historic and Cultural Landmarks Commission relating to the approval, denial or approval with conditions of the certificate of appropriateness. The historic preservation officer shall provide copies of the decisions of the Historic and Cultural Landmarks Commission to the applicants, the building official and the superintendent of the code compliance division. 8.Other permits required. The certificate of appropriateness required by this article shall be in addition to any other permit or approval required by state or federal law. A certificate of appropriateness, where required, 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. 9.Commencement of work. Work, as described by any certificate of appropriateness may not begin until the Historic and Cultural Landmarks Commission has issued a decision on the certificate of appropriateness, and then only after all other required permits and approvals have been granted. 10.Limitation of term of Certificate of Appropriateness. a.Residential: Where work approved under a Certificate of Appropriateness has not commenced within (1) year of the date of issuance, the Certificate of Appropriateness shall be considered void and a new application shall be required. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance b.Commercial: Where work approved under a Certificate of Appropriateness has not commenced within (2) years of the date of issuance, the Certificate of Appropriateness shall be considered void and a new application shall be required. 11.No authority to grant variance. The board of adjustment shall not have jurisdiction to grant any variance fromthe criteria listed section 4.401.E.3or from any adopted design guidelines. F.Enforcement 1.All work performed pursuant to a certificate of appropriateness shall conform to any requirements included herein. It shall be the duty of the historic preservation officer periodically to inspect any such work to assure compliance. If work is found that is not performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Historic and Cultural Landmarks Commission 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, except at the discretion of the building official where work is deemed to not require a certificate of appropriateness or other review as provided by this chapter. 2.Upon receipt of a stop work order by the building official, a propertyowner shall file an application for all necessary certificates of appropriateness within 10 business days for review at the next regular hearing of the Historic and Cultural Landmarks Commission. 3.Where an owner fails to submit an application for review within the required time period, a second citation shall be issued and all civil remedies available to the city shall be pursued, including the issuance of a separate citation each day the violation persists. G.Unreasonable economic hardship 1.Declaration of unreasonable economic hardship. The Historic and Cultural Landmarks Commission may declare that an unreasonable economic hardship exists as a basis for: a.Recommending removal of the highly significant endangered, historic and cultural landmark,historic and cultural landmarks district or demolition delay designation; or b.Issuing a certificate of appropriateness approving the demolition or relocation of property designated or pending designation as highly significant endangered or historic andcultural landmark or located in an area designated or pending designation as an historic and cultural landmarks district. 2.Burden of proof. When a claim of unreasonable economic hardship is made, the owner must prove by a preponderance of the evidencethat: a.The owner cannot make reasonable beneficial use of or realize a reasonable rate of return on a structure or site, regardless of whether that return represents the most profitable return possible, unless the highly significant endangered, historic and cultural landmark, historic and cultural landmarks district or demolition delay designation, as applicable, is removed or the proposed demolition or relocation is allowed; b.The structure or 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 owner has failed to find a purchaser or tenant for the property during the previous two years, despite having made substantial ongoing efforts during that period to do so. The evidence of unreasonable economic hardship introduced by the owner may, where applicable, include proof that the owner's affirmative obligations to maintain the structure or property make it impossible for the owner to realize a reasonable rate of return on the structure or property. 3.Claim for historic and cultural landmarks districts. Owners of individual structures or sites located in an historic and cultural landmarks district are entitled to a certificate of appropriateness for demolition or relocation upon proof of unreasonable economic hardship; however, an historic and cultural landmarks district designation shall be removed only from the entire district, upon proof that the designation results in an unreasonable economic hardship to the district as a whole. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance Individual structures or sites shall not be removed from an historic and cultural landmarks district. 4.Consultation and search for alternatives . The owner, persons or entities who have executed a sales contract or option contract for purchase of the property, or their representatives, the Historic and Cultural Landmarks Commission, local preservation groups and interested parties shall consult in good faith, as outlined in Section 4.401.E.4in a diligent effort to seek alternatives that will eliminate the unreasonable economic hardship and preserve the structure or property. 5.Proof of hardship. As evidence that an unreasonable economic hardship exists, the owner may submit the following informationto the Historic and Cultural Landmarks Commission by affidavit: a.For all structures and property: i.The past and current use of the structures and property; ii.The name and legal status (e.g., partnership, corporation) of the owners; iii.The original purchase price of the structures and property; iv.The assessed value of the structures and property according to the two most recent tax assessments; v.The amount of real estate taxes on the structures and property for the previous two years; vi.The date of purchase or other acquisition of the structures and property; vii.Principal balance and interest rate on current mortgage and the annual debt service on the structures and property, if any, for the previous two years; viii.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 structures and property; ix.Any listing of the structures and property for sale or rent, price asked and offers received; x.Any consideration given by the owner to profitable adaptive uses for the structures and property; xi.Any replacement construction plans for proposed improvements on the site; xii.Financial proof of the owner's ability to complete any replacementproject on the site, which may include but not be limited to a performance bond, a letter of credit, a trust for completion of improvements, or a letter of commitment from a financial institution; and xiii.The current fair market value of the structure and property as determined by a qualified appraiser. xiv.Estimate of the cost of the proposed demolition or relocation (construction and alteration are not applicable to this section) and an estimate of any additional cost that would be incurred to comply with the design guidelines.(Ord. No. 19026, Eff. 02/09/10) xv.A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.(Ord. No. 19026, Eff. 02/09/10) b.For income producing structures and property: i.Annual gross income from the structure and property for the previous two years; ii.Itemized operating and maintenance expenses for the previous two years; and iii.Annual cash flow, if any, for the previous two years. c.In the event that the Historic and Cultural Landmarks Commission determines that any additional information described above is necessary in order to evaluate whether an unreasonable economic hardship exists, the Historic and Cultural Landmarks Commission shall notify the owner. Failure by the owner to submit such information to the Historic and Cultural Landmarks Commission within 15 days after receipt of such notice, which time may be extended by the Historic and Cultural Landmarks Commission, will be grounds for denial of the owner's claim of unreasonable economic hardship. H.Designation as Highly Significant Endangered ("HSE") Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 1.A site or structure may be designated as highly significant endangered if it satisfies the following qualifications: 1.It meets five or more of the criteria set out in Section 4.401.C.4; and 2.It is determined by the city council to be threatened by deterioration, damage or irretrievable, irreplaceable loss due to neglect, disuse, disrepair, instability, lack of financial resources and/or impending demolition. The nomination for designation shall describe how the structure meets the pertinent criteria in Paragraph 4of this section, the existing and proposed use of the structure, any planned stabilization and/or rehabilitation by the property owner, and the nature and degree of endangerment to the structure. A structure designated highly significant endangered shall be deemed to be a historically significant site in need oftax relief to encourage its preservation, in accordance with section 11.24 of the Texas Tax Code. 2.Eligibility for tax incentives. a.In order for property designated highly significant endangered to be eligible for tax incentives, all work shall be performed in accordance with the provisions of this chapter and applicable city codes and ordinances.The Historic and Cultural Landmarks Commission and the city council shall review and approve applications for the tax incentive at the commencement of theproject and upon satisfactory completion of the project. b.Property designated as highly significant endangered shall be eligible for rehabilitation incentives once every 20 years. 3.Exemption for Stabilization of Highly Significant Endangered Structure. a.Description of Incentives. A structure designated Highly Significant Endangered, which is stabilized in accordance with this Section, and the land necessary for access to and use of the structure, shall be entitled to the following tax benefits (“Stabilization Incentives”) for a period of years as hereinafter set forth: i.The owner of the structure shall be entitled to exemption from City ad valorem taxes of all of the assessed value of the structure, commencing in the tax year immediately following the year in which the work is completed.The exemption under this paragraph terminates when an owner qualifies for Rehabilitation Incentives under Paragraph 4. below, or after 10 years, whichever occurs later. In the event that the owner substantiallyrehabilitates the structure, but does not seek approval of the Rehabilitation Incentives under Paragraph 3, the exemption under this paragraph shall terminate on the same date that the Rehabilitation Incentives would have terminated if the owner had followed the procedures set out in Paragraph 4. below.Nothing in this Article relieves the owner from the responsibility to submit an application for the exemption each year to the appraisal district for the county in which the property is located pursuant tothe terms of the Texas Tax Code. The Historic Preservation Officer shall assist the owner in filing for such exemption, at the request of the owner. ii.The owner of the structure shall be entitled to recover a part or all of the cost of such work through a partial exemption from City ad valorem taxes of up to 50 percent of the value of the land necessary for access to and use of the structure for a period not to exceed five years. The exemption shall commence in the tax year immediately following the year in which the work is completed.In the event that the tax savings arising from the partial exemption for such one-year period is less than the cost of such work, the partial exemption may be carried over from year to year, for a total period not to exceed five years.The owner will not be eligible for a partial exemption for stabilization subsequent to rehabilitation of the property and receipt of the Rehabilitation Incentives under Paragraph 4. Nothing in this Article relieves the owner from the responsibility to submit an application for the exemption each year to the appraisal district for the county in which the property is located pursuant to the terms of the Texas Tax Code. The Historic Preservation Officer shall assist the owner in filing for suchexemption, at the request of the owner. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance b.Stabilization. “Stabilization” of a structure designated as Highly Significant Endangered shall consist of exterior and interior improvements required to prevent further deterioration of the structure, as determined by the Building Official, but at a minimum shall include the following: i.The foundation shall be stable, have any defects that might affect the continued safety and life of the building corrected, and be made as level as reasonably possible; ii.The roof shall be made water tight, replacing any defective material including wet or damaged insulation, shingles or wood elements; ii.Correction of any defective enclosures, e.g. windows, doors and vents, that might allow for the entry of water, birds, rodents or vectors (bugs or animal capable of carrying a disease producing organism); iii.Taking corrective action for the elimination of any infestation, e.g. termites, roaches, water bugs, mosquitoes, ticks, rodents, etc.; and iv.Correcting any item that might be considered as a hazard to fire fighting efforts. For this item, the Building Official may consult with the Fire Chief or his designee. c.Eligible Costs.Eligible projects shall consist of work performed for the stabilization of the structure and may include exterior improvements and interior improvements to the frame, walls, floor, ceiling, plumbing, electrical wiring and mechanical items, such as heating and air conditioning systems.Fixtures and decorative items shall not be eligible for consideration. Materials and labor for repairing, replacing or adding any of the following shall be eligible: i.Structural walls; ii.Structural sub floors; iii.Structural ceilings; iv.Exterior doors; v.Exterior paint; vi.Mechanical equipment; vii.Windows; viii.Exterior brick veneers or treatments; ix.Plumbing; x.Electrical wiring; xi.Roof and gutter where necessary for structural integrity; xii.Facade items; xiii.Elevators; xiv.Foundations; xv.Termite damage and treatment; xvi.Security and/or fire protection systems; xvii.Architectural and engineering services if directly related to the eligible costs described above; and xviii.Demolition and cleanup if directly related to the eligible costs described above. d.Ineligible Costs.Ineligible costs include, but are not limited to, the following: i.Plumbing and electrical fixtures; provided, however, documented replacement of historic fixtures may be considered eligible; ii.Overhead; iii.Taxes; iv.Supervisor payroll; v.Repairs of construction equipment; vi.Tools; and vii.Any other items not directly related to the exterior appearance or the structural integrity or viability of the building. 4.Tax incentives for rehabilitation of Highly Significant Endangered Structure. a.Description of incentives. A structure designated highly significant endangered, which is substantially rehabilitated in accordance with this section, and the land necessary for access to and use of the structure, shall be entitled to the following tax benefits ("Rehabilitation Incentives") for a period of years as hereinafter set forth: Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance i.Exemption from city ad valorem taxes of all of the assessed value of the structure; ii.Exemption from city ad valorem taxes of any increase in the assessed value of the land necessary for access to and use of the structure, in excess of the assessed value for the tax year immediately prior to commencement of the rehabilitation. The assessed value of the land necessary for access to and use of the structure for city ad valorem tax valuation purposes shall be equal to the assessed value of such land for the tax year immediately prior to commencement of the rehabilitation; provided, however, in the event that such land is subsequently assessed at a lower value than the assessed value for the tax year immediately prior to commencement of the rehabilitation, the lower value will apply. b.Substantial rehabilitation. "Substantial rehabilitation" of a structure designated as highly significant endangered shall consist of rehabilitation at a cost which equals or exceeds the greater of 30 percent of the assessed value of the structure prior to rehabilitation, or three thousand dollars ($3,000.00). c.Term of rehabilitation incentives. The term of the rehabilitation incentives shall be a minimum of ten years commencing on the first day of the tax year following verification by the city council of completion of the rehabilitation pursuant to this chapter. In order to encourage early rehabilitation, the term of the rehabilitation incentives may be increased for up to an additional five years. If the rehabilitation is completed and the project passes all final inspections within two years after designation as highly significant endangered, the rehabilitation incentives shall be for a period of 15 years commencing on the first day of the tax year following verification by the city council of completion of the rehabilitation pursuant to chapter. The term of the rehabilitation incentives shall decrease by one year for everyyear that completion of rehabilitation is delayed, to a minimum term of ten years. Upon expiration of the term of the rehabilitation incentives, the structure and the land necessary for access to and use of the structure shall be taxed at the assessed value. d.Application for incentives. An application for incentives shall be filed with the historic preservation officer in accordance with Section 4.401.I.5. e.Execution of commitment to repay. Upon satisfactory completion of the rehabilitation project, the owner shall record with the deed a document provided by the historic preservation officer as a notice of the historic site tax exemption and commitment to repay taxes in the event of default. The purpose of this document shall be to provide informationon the terms of the tax incentive and penalties for negligently or willfully destroying a property during the period of exemption. The commitment shall be filed in the official property records of the county where the property is located, shall run with the land and shall bind the owner and any heirs and assigns. Any unpaid amount shall constitute a lien against the property. Failure to record such a document may result in the delay of receipt of incentives. f.Submittal of application to appraisal district. Nothing in this article relieves the owner from the responsibility to submit an application for the exemption each year to the appraisal district for the county in which the property is located pursuant to the terms of the Texas Tax Code. The historic preservation officer shall assist the owner in filing for such exemption, at the request of the owner. 5.Removal of Highly Significant Endangered Designation. a.The highly significant endangered designation may be removed for the following reasons: i.It is determined that the site or structure is no longer historically, culturally, architecturally or archaeologically significant under the criteria listed in section 4.401.C.4; ii.It is determined that the site or structure is no longer endangered; or iii.It is determined that such designation creates an unreasonable economic hardship upon the owner or owners in accordance with the provisions of section 4.401G. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance b.An applicant seeking removal of the highly significant endangered designation on the basis that the site or structure is no longer endangered shall simultaneously nominate such structure for designation as historic and cultural landmark. The application for removal of the highly significant endangered designation and the request for designation of such property as historic and cultural landmark shall be considered and decided concurrently; provided, however, failure to designate such property as historic and cultural landmark by the city council shall not be grounds for denial of the application for removal of the highly significant endangered designation. c.Within ten days after approval by the city council of removal of the designation, the historic preservation officer shall remove the highly significant endangered designation from the official zoning maps of the city and shall file a notice that the highly significant endangered designation has been removed in the official property records of the county in which the property is located. In addition, if applicable, the historic preservation officer shall record the historic and cultural landmark designation on the city's official zoning maps and record such designation in the property records of the county in which such property is located. I.Designation as Historic and Cultural Landmark("HC") 1.An individual structure or site may be designated as an historic and cultural landmark if it meets three or more of the criteria set out in Section 4.401.C.4. An area which includes two or more structures or sites which satisfy three or more of such criteria may be designated as an historic and cultural landmarks district. 2.Eligibility for Tax Incentives. a.Property designated as historic and cultural landmark or considered to contribute to a historic and cultural landmark district shall be eligible for tax incentives under the provisions of this section. b.In order for property designated historic and cultural landmark or considered to contribute to a historic and cultural landmark district to be eligible for tax incentives, all work shallbe performed in accordance with the provisions of this chapter and applicable city codes and ordinances.The Historic and Cultural Landmarks Commission and the city council shall review and approve applications for the tax incentive at the commencement of the project and upon satisfactory completion of the project. c.Property designated as historic and cultural landmark or considered to contribute to a historic and cultural landmark district shall be eligible for rehabilitation incentives once every 20 years. 3.Tax Incentive for rehabilitation of a Historic and Cultural Landmark. Description of Incentive. Any structure which is designated historic and cultural landmark or which is considered to contribute to an historic and cultural landmarks districtand which is substantially rehabilitated in accordance with this chapter, and the land necessary for access to and use of the structure, shall be eligible for the following tax benefits (“Rehabilitation Incentives”) for a period of years as hereinafter set forth: a.A structure and land as described above shall have an assessed value for city tax valuation purposes equal to the assessed value of such structure and land for the tax year immediately prior to commencement of the rehabilitation. The term of the incentives is ten years commencing on the first day of the tax year following verification by the city council of completion of the rehabilitation pursuant to this section. Any increase in the value of the structure and the land necessary for access to and use of the structure in excess of the assessed value for the tax year immediately prior to commencement of the rehabilitation shall be exempt from city ad valorem taxes for such ten-year period. In the event that the structure or the land is assessed during such ten-year period at a lower value than the assessed value for the tax year immediately prior to commencement of the rehabilitation, the lower value will apply. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance b."Substantial rehabilitation" shall consist of rehabilitation at a cost which equals or exceeds the greatest of 30 percent of the assessed value of the structure prior to rehabilitation or three thousand dollars ($3,000.00). c.Execution of commitment to repay. Upon satisfactory completion of the rehabilitation project, the owner shall record with the deed a document provided by the historic preservation officer as a notice of the historic site tax exemption and commitment to repay taxes in the event of default. The purpose of this document shall be to provide information on the terms ofthe tax incentive and penalties for negligently or willfully destroying a property during the period of exemption. The commitment shall be filed in the official property records of the county where the property is located, shall run with the land and shall bind the owner and any heirs and assigns. Any unpaid amount shall constitute a lien against the property. Failure to record such a document may result in the delay of receipt of incentives. d.Nothing in this article relieves the owner from the responsibility to submit an application for the exemption each year to the appraisal district for the county in which the property is located pursuant to the terms of the Texas Tax Code. The historic preservation officer shall assist the owner in filing for such exemption, at the request of the owner. 4.Application submitted after the commencement of work for which a Certificate of Appropriateness is not required. a.The provisions of this paragraph shall apply only to work that meets the following conditions: i.the work is completed on a structure that is designated as a historic and cultural landmark or that is considered to contribute to a historic and cultural landmark district, including the land necessary for access to and use of said structure; ii.The work does not require a certificate of appropriateness; and iii.An application for tax exemption is filed within five (5) years after the completion of the work. b.Such work shall be eligible for tax exemption following verification by the city council of the work performed, provided that the structure has been substantially rehabilitated in accordance with this chapter. The terms and requirements for the incentive shall be as described in this section.The owner shall not be eligible for the tax incentive or be reimbursed for ad valorem taxes paid by the owner on the structure or land for any years prior to the submission of an application for a tax incentive and verification by the city council of the work performed. c.Execution of commitment to repay. Upon satisfactory completion of the rehabilitation project, the owner shall record with the deed a document provided by the historic preservation officer as a notice of the historic site tax exemption and commitment to repay taxes in the event of default. The purpose of this document shall be to provide information on the terms of the tax incentive and penalties for negligently or willfully destroying a property during the period of exemption. The commitment shall be filed in the official property records of the county where the property is located, shall run with the land and shall bind the owner and any heirs and assigns. Any unpaid amount shall constitute a lien against the property. Failure to record such a document may result in the delay of receiptof incentives. d.Nothing in this article relieves the owner from the responsibility to submit an application for the exemption each year to the appraisal district for the county in which the property is located pursuant to the terms of the Texas Tax Code. The historic preservation officer shall assist the owner in filing for such exemption, at the request of the owner. 5.Application for incentives. Application for a city ad valorem tax exemption shall be filed with the historic preservation officer. The application may be processed concurrently with the application for any certificate of appropriateness which maybe required under section 4.401.E. The application shall be signed and sworn to by the owner of the property and shall: Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance a.State the legal description and the address of the property; b.Provide proof of title in the application to the property proposed for certification; c.Provide proof that taxes or other assessments are not delinquent on the property; d.Include a complete set of plans and/or documentation for the stabilization or rehabilitation, and verify compliance with established guidelines and city codes; e.Include a scope of work which includes a list of eligible costs; f.For rehabilitation projects, include a statement of costs reflecting that the costs equal or exceed the greater of 30 percent of the assessed value of the structure or three thousand dollars ($3000.00); g.Include a projection of the estimated construction time and predicted completion date; h.Authorize members of the Historic and Cultural Landmarks Commission and officers of the city to visit and inspect the property; i.Provide any additional information to the Historic and Cultural Landmarks Commission which is necessary in determining eligibility or which the owner deems relevant or useful; j.Contain a written agreement to maintain the site or structure in accordance with the Secretary of the Interior's Standards for Rehabilitation, applicable codes of the City of Fort Worth and design guidelines for the duration of the exemption; and k.Contain sufficient documentation supporting the information submitted therein. 6.Consideration of application for tax incentives. a.Review by Historic and Cultural Landmarks Commission. Upon receipt of the application, the Historic and Cultural Landmarks Commission shall make an investigation of the property and shall certify facts relating to the project to the historic preservation officer during the next regular hearing, together with the Historic and Cultural Landmarks Commission's documentation and recommendation for approval or disapproval of the application for exemption. b.Review by City Council. Upon receipt of the application for city ad valorem tax exemption and the recommendation of the Historic and Cultural Landmarks Commission, the historic preservation officer shall forward the application to the city council no less than once per fiscal quarter. The city council shall approve the application, subject to compliance with all certificates of appropriateness requirements and verification of satisfactory completion of the project, provided that the owner is eligible for such incentive and has submitted all required information. Notice of approval or disapproval shall be provided to the applicant in writing. 7.Expiration of application for tax incentives. a.An application for tax incentives shall expire after a period of 24 months from the date of review by the city council with a finding by the historic preservation officer that: i.Work on the projecthas not commenced or has ceased substantial advancement; ii.The applicant has failed to obtain the necessary permits for work iii.Such permits for work have expired; or iv.The project has been subject to outstanding citations for violations of applicable city codes or regulations. b.Where an applicant may provide evidence to contradict the findings for expiration, the historic preservation officer may recommend approval of the verification to the Historic and Cultural Landmarks Commission under theoriginal application. c.Where an applicant is unable to provided such evidence a new application may be filed for tax incentives under the provisions of chapter and may be considered, where allrequirements of section 4.401.I.8.have been met, for verification. 8.Verification of completion of project. a.Submission of statement by applicant. Upon completion of a stabilization or rehabilitation project the applicant shall submit the following documents to the historic preservation officer: i.Sworn statement of completion of the project; ii.Copies of all receipts for cost of project; Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance iii.Documentation that all required inspections of the project have been performed by the development department; iv.In the case of stabilization projects, proof that costs are eligible; v.In the case of rehabilitation projects, proof that the cost of the rehabilitation equals or exceeds the greatest of 30 percent of the assessed value of the structure prior to rehabilitation or three thousand dollars ($3,000.00). Such costs may be determined according to the value of the permits issued by the development department and/or proof of actual expenditures; and vi.Proof that a certificate of occupancy has been issued, if applicable. b.Verification by Historic and Cultural Landmarks Commission. The Historic and Cultural Landmarks Commission, upon receipt of the sworn statement of completion, shall make an investigation of the property and shall verify whether the stabilization or rehabilitation project has been completed at the next regular hearing. If verification of completion is unfavorable, the applicant shall be required to complete the project in order to secure the city ad valorem tax exemption provided herein. If the verification of completion is favorable, the Historic and Cultural Landmarks Commission shall submit the application for tax incentive to the city council for approval. A project shall be considered completed when all of the following requirements have been met: i.The applicant has submitted all information required under paragraph 1 above; ii.Rehabilitation costs equal or exceed the required amount; iii.The project has passed all required final inspections and has obtained a certificate of occupancy, if required; and iv.All work has been performed in accordance with the certificate of appropriateness and the applicable guidelines and codes. c.Verification by City Council and notification of taxing authorities. No less than once per fiscal quarter, the City Council shall review and verify completion of projects for tax incentives. After verification of satisfactory completion of the stabilization or rehabilitation project, the city council shall declare the property to be entitled to the city ad valorem tax relief provided herein. Approval by the City Council of a project for rehabilitation of a structure designated historic and cultural landmark or considered to contribute to an historic and cultural landmarks district shall constitute a finding that the structure is a historically significant site in need of tax relief in accordance with section 11.24 of the Texas Tax Code. i.The historic preservation officer shall give written notice of approval of the tax incentive to the chief appraiser of the appraisal district for the county in which the property is located and the tax assessor-collector of the City of Fort Worth. ii.Thereafter, the owner shall be entitled to the applicable tax incentive commencing on January 1 of the tax year immediately following approval by the city council. iii.Nothing in this article relieves the owner from the responsibility to apply to the appraisal district for the county in which the property is located each year for the exemption pursuant to the terms of the Texas Tax Code. The historic preservation officer shall assist the owner in filing for such exemption, at the request of the owner. d.Execution of commitment to repay. Upon satisfactory completion of the rehabilitation project, the owner shall record with the deed a document provided by the historic preservation officer as a notice of the historic site tax exemption and commitment to repay taxes in the event of default. The purpose of this document shall be to provide information on the terms of the tax incentive and penalties for negligently or willfully destroying a property during the period of exemption. The commitment shall be filed in the official property records of the county where the property is located, shall run with the land and shall bind the owner and any heirs and assigns. Any unpaid amountshall constitute a lien against the property. Failure to record such a document may result in the delay of receipt of incentives. 9.Alteration or destruction of structure or site. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance a.Willful or negligent alteration or destruction. In order to maintain eligibility for a tax exemption in accordance with this article, the owner and any representative shall not alter or totally or partially destroy the historically significant structure or site by willful act or negligence during the period of the exemption. In the event that the historically significant structure or site is altered or totally or partially destroyed by the willful act or negligence of the owner or a representative, the owner shall notify the historic preservation officer and the chief appraiser of the appraisal district for the county in which the property is located that he is no longer entitled to the exemption. In addition, if the Historic and Cultural Landmarks Commission has reason to believe that a structure or site benefiting from a tax exemption has been altered or totally or partially destroyed by the willful act or negligence of its owner or a representative during the period of the exemption, the Historic and Cultural Landmarks Commission shall request that the city manager immediately cause the matter to be scheduled for the earliest possible consideration by the City Council. If, after giving notice of a hearing to the owner, the city council determines that the structure or site has been totally or partially destroyed or altered by the willful act or negligence of the owner or a representative, the owner shall take corrective measures, if feasible, within the time specified by the City Council. If the owner fails to take such corrective measures or if corrective measures are not feasible, the owner shall immediately repay to the city all of the city tax revenues that were not paid because of the exemption plus interest calculated at an annual rate of ten percent, in accordance with the terms of the commitment to repay. The city's remedies pursuant to the commitment to repay shall be in addition to all rights and remedies pursuant to the Texas Tax Code. b.Alteration or destruction other than by willful act or negligence. Where a structure or site benefiting from a tax exemption described herein is totally or partially destroyed or altered by other than the willful act or negligence of the owner or a representative, the owner shall, within 30 days, apply for a certificate of appropriateness to authorize reconstruction of the structureor site in accordance with applicable construction codes of the City of Fort Worth and design guidelines. In the event that repair is not feasible, the owner shall, within 30 days, apply for a certificate of appropriateness to authorize demolition or relocation. For good cause shown by the property owner, the Historic and Cultural Landmarks Commission may extend the time for filing the application. The determination of whether repair is feasible or demolition should be allowed shall be made by the Historicand Cultural Landmarks Commission in accordance with the certificate of appropriateness criteria and procedures set forth in section 4.401.E. In cases where a certificate of appropriateness is issued for demolition or relocation because repair is not feasible, repayment of the tax revenues and interest is not required. c.Public safety hazard. The provisions shall not limit the authority of the building official or the superintendent of the code compliance division to take action concerning structures orproperty which constitutes a public safety hazard. 10.Monitoring system. The status of structures or sites benefiting from the tax exemptions described herein shall be monitored by the historic preservation officer during the period of the exemption to ensure continued compliance with applicable design guidelines for such structure. The historic preservation officer shall notify the owner of violations in writing and shall specify a deadline for correction of such violations. If satisfactory corrective measures are not undertaken within the time specified by the historic preservation officer, the Historic and Cultural Landmarks Commission shall initiate procedures to terminate the city tax exemption and require payment of the city taxes, plus interest calculated at the rate of ten percent per year, pursuant to the terms of the commitment to repay. 11.Transferability of tax benefits. The benefits of this city ad valorem tax incentive program relating to structures designated highly significant endangered and historic and cultural landmark and structures considered to contribute to an historic and cultural landmarks district are transferable and run with the property. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 12.Removal of historic and cultural landmark designation. a.The historic and cultural landmark designation, whether relating to individual properties or to an historic and cultural landmarks district, may be removed for the following reasons: i.It is determined that the site, structure or area, as applicable, is no longer historically, culturally, architecturally or archaeologically significant under the criteria listed in section 4.401.C.4; or ii.It is determined that such designation creates an unreasonable economic hardship upon the owner or owners in accordance withthe provisions of section 4.401.G b.The historic and cultural landmarks district designation may be removed only from a district as a whole. The designation shall not be removed from individual sites or structures located within a district. c.The historic preservation officer shall remove the historic and cultural landmark designation from the official zoning maps of the city and shall file a notice that the designation has been removed in the official property records of the county in which such property is located within ten days after approval by the city council of removal of the designation. J.Designation as Demolition Delay ("DD") 1.Designation . A structure may be designated demolition delay if it satisfies one or more of the following qualifications: a.Designated as a Recorded Texas Historic Landmark; b.Designated as a Texas State Archeological Landmark; c.Designated as an American Civil Engineering Landmark; d.Listed on the National Register of Historic Places; or e.It meets two or more of the criteria set out in Section 4.401.C.4. 2.Designation of Demolition Delay property as Highly Significant Endangered or Historic and Cultural Landmark. a.Owners of structures designated demolition delay who have filed an application for a certificate of appropriateness for demolition are subject to a delay in issuance of the permit of up to 180 days after a public hearing by the Historic and Cultural Landmarks Commission. It is the governing body's intent that owners of such property who have sought a certificate of appropriateness for demolition shall not befrustrated in their efforts to demolish or sell such property by extension of the delay period throughnomination of property designated demolition delay as highly significant endangered or historic andcultural landmark over the objection of the owner. b.Accordingly, if an owner of a structure designated demolition delay has filed an application for a certificate of appropriateness for demolition or if a demolition permit has been issued to an owner of such structure within the preceding three-year period, such structure shall not be nominated for designation as historic and cultural landmark or highly significant endangered over the objection of the owner. However, an area which includes such structure may be designated as an historic and cultural landmarks district. 3.Removal of Demolition Delay designation. a.The demolition delay designation may be removed for the following reason b.It is determined that the site or structure no longer satisfies at least one of the criteria set out in section 4.401.C.4; c.It is determined that such designation creates an unreasonable economic hardship upon the owner or owners in accordance with the provisions of section 4.401.G; or d.The site or structure is demolished in accordance with this section. e.The historic preservation officer shall remove the demolition delay designation from the official zoningmaps of the city and shall file a notice that the designation has been removed in the official propertyrecords of the county in which such property is Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance located within ten days after approval by the city council ofremoval of the designation. K.Demolition by Neglect 1.Prevention of demolition by neglect of exterior . No owner or person with an interest in real property which is designated by the City of Fort Worth as demolition delay, highly significant endangered or historic and cultural landmark or which is located in an historic and cultural landmarks district, whether occupied or not, shall permit the structure or property to fall into a serious state of disrepair or to remain in a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Historic and Cultural Landmarks Commission, produce a detrimental effect upon the character of the structure or property, or, if the structure or property is in an historic and cultural landmarks district, upon the district. Examples of such deterioration include: a.Deterioration of exterior walls or other vertical supports; b.Deterioration of roofs or other horizontal members; c.Deterioration of exterior chimneys; d.Deterioration or crumbling of exterior stucco or mortar; e.Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors; f.Deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety; or g.Deterioration or removal of any unique exterior architectural feature which would detract from the original architectural style. 2.Prevention of demolition by neglect of interior. No owner or person with an interest in property which is designated demolition delay, highly significant endangered or historic and cultural landmark, including a structure in an historic and cultural landmarks district, whether occupied or not, shall permit the interior portions of such structure or property to fall into a serious state of disrepair which, in the judgment of the Historic and Cultural Landmarks Commission, produces a detrimental effect upon the structural integrity of such structure or property which could make demolition necessary for the public safety. L.Public Safety Hazards and Emergency Securing Measures 1.Emergency securing of property . The code compliance division may perform emergency measures in accordance with city codes to secure any structure designated or pending designatio1n in accordance with this article which constitutes a public safety hazard. Such work shall be performed in such manner as to minimize damage to the structure's historical and architectural elements. A certificate of appropriateness is not required. The superintendent of the code compliance division shall give notice of such emergency securing measures to the historic preservation officer. 2.Notice of demolition by city. The City of Fort Worth shall not allow demolition, demolish or order to be demolished, in whole or in part, property designated or pending designation as highly significant endangered, historic and cultural landmark or demolition delay or located in an area designated or pending designation as an historic and cultural landmarks district as a public safety hazard, except in compliance with this paragraph. The building official or the superintendent of the code compliance division shall notify the historic preservation officer of the intent to demolish such structure. The Historic and Cultural Landmarks Commission and the historic preservation officer shall be given an opportunity to discuss with city officials and the owner the feasibility of taking emergency measures to secure or stabilize the structure or property and to delay the demolition so that other alternatives may be considered. After any emergency measures are taken, the historic preservation officer shall meet with city officials to review the condition of the structure or property and any plans for rehabilitation. If, after ten days from the date of the notification to the historic preservation officer, the Historic and Cultural Landmarks Commission finds that no feasible plan for further protection of the structure or property has been developed, a Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance certificate of appropriateness shall be issued by the Historic and Cultural Landmarks Commission for demolition of thestructure or property. When appropriate, the Historic and Cultural Landmarks Commission may make a recommendation to the city council or other entities or persons about the feasibility of rehabilitation based on a report from the historic preservation officer. Demolition shall be the alternative of last resort and shall occur only if there is no economically feasible way to rehabilitate the structure or property. 3.Salvage plan. In connection with any certificate of appropriateness for demolition, relocation or other work on a structure or property designated or pending designation as highly significant endangered or historic and cultural landmark or located in an area designated or pending designation as an historic and cultural landmarks district, the Historic and Cultural Landmarks Commission may prepare and submit a salvage plan to the owner. Such plan may suggest salvage and preservation for reuse in restoration elsewhere, specified classes of building materials, architectural details, ornaments, fixtures and the like. The Historic and Cultural Landmarks Commission may require such owner to comply with the salvage plan as a condition for issuance of a certificate of appropriateness. Compliance with a salvage plan may not be imposed as a condition for issuance of a certificate of appropriateness for demolition of property designated demolition delay; however, the Historic and Cultural Landmarks Commission may reduce the maximum 180 day delay period in consideration of compliance by the owner with a salvage plan. M.Appeal; penalties 1.Appeals Board a.Any owner or interested party dissatisfied with any action of the Historic and Cultural Landmarks Commission, other than actions relating to designation, which shall be heard by the Historic and CulturalLandmarks Commission, the Zoning Commission and the City Council in accordance with Section 4.401D, shall have the right to appeal to theAppeals Board within ten days after receipt of notification of such action, by filing a written notice of such appeal with the City Secretary and the Historic Preservation Officer.The written notice of appeal shall specify grounds for the appeal. b.The Appeals Board 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. Notice of such hearing shall be published by the City Secretary in the City’s official newspaper not less than the 15th day before the date of the hearing.The Historic Preservation Officer shall forward to the Appeals Board a complete record of the matter being appealed, including a transcript of the tape of the hearing before the Historic and CulturalLandmark Commission.In considering an appeal, the Appeals Board shall: i.Receive an overview of the casefrom the Historic Preservation Officer or designee including previous recommendations from city staff and the decision of the Historic and Cultural Landmarks Commission; ii.Hear arguments from the parties related to the record made before the Historic and Cultural Landmarks Commission; iii.Apply the substantial evidence test to the decision of the historic and Cultural Landmarks Commission, considering the record made before the Historic and Cultural Landmarks Commission, provided however that the burden of proof before the Appeals Board shall be on the appealing party, who must establish that the record reflects the lack of substantial evidence in support of the Historic and Cultural Landmarks Commission; 3.The Appeals Board shall remand the matter back to the Historic and Cultural Landmarks Commission when testimony and evidence is presented that was not previously available at the time of the hearing before the Historic and Cultural Landmarks Commission. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 4.The Appeals Board may not substitute its judgment for the judgment of the Historic and Cultural Landmarks Commission on the weight of the evidence on questions committed to the Commission's discretion but: a.may affirm the Historic and Cultural Landmarks Commission's decision in whole or in part; or b.shall reverse or remand the appeal for further proceedings if the decision is not reasonably supported by substantial evidence considering the record as a whole. 2.Fines. Any person, firm, or corporation who violates, disobeys, omits, neglectsor refuses to comply with the provisions of this article shall be fined not more than $500.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 3.Restrictions on future development. If a structure designated highly significant endangered, historic and cultural landmark or demolition delay or located within the boundaries of an historic and cultural landmarks district is demolished or relocated without a certificate of appropriateness, then the following restrictions shall be applicable to the site where the structure or property was formerly located: 1.No building or other permits will be issued for construction on the site, with the exception of a permit to restore such structure or property after obtaining a certificate of appropriateness, for a period of three years after the date of such demolition or removal. 2.No permits shall be issued by the city for any curb cuts on the site for a period of three years from and after the date of such demolition or removal. 3.No parking lot for vehicles shall be operated on the site for a period of three years from and after the date of such demolition or removal. 4.The owner of the site shall maintain the site in a clean and orderly state and shall properly maintain all existing trees and landscaping on the site. When these restrictions become applicable to a particular site, the historic preservation officer shall cause to be filed a verified notice thereof in the real property records of the county where the site is located and such restrictions shall then be binding on future owners of the property. The restrictions imposed by this paragraph shall be in addition to any fines imposed pursuant to paragraph B above. 4.Cumulative remedies. The provisionsof this section shall apply in addition to other enforcement procedures or penalties which are available at law or in equity, including, but not limited to, those available for adversely affecting historic structures or property under section 315.006 of the Texas Local Government Code and section 442.016 of the Texas Government Code. 4.402Urban 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 Urban Design District-Downtown includes all land located within the area bounded by the following: Beginning at the point of the north ROW line of Interstate 30 and the east ROW line of Forest Park Boulevard: Northward on the East ROW line of Forest Park Boulevard to the north ROW line of the Fort Worth & Western Railroad Track; Northwestward along the north ROW line of the Fort Worth & Western Railroad Track to the centerline of the Clear Fork of the Trinity River; Following the centerline of the Clear Fork of the Trinity River to the centerline of the West Fork of Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance the Trinity River to the northwest corner of Block 2, Lot 20, Gouhenant Addition; Eastward along the northern boundary of Block 2, Lot 20, Gouhenant Addition to the centerline of Samuels Avenue; Southward along the centerline of Samuels Avenue to the northwest corner of Block 1 N55;, Lots 10 & 11, Gouhenant Addition; Eastward along the northern boundary of Block 1 N55' Lots 10 & 11, Block 1 Lot 13, Block 1 E1/2 Lot 12, and Block 1 Lots 2-8, Gouhenant Addition to the east ROW line of the T & P Railroad Track;Southward along the east ROW line of the T & P Railroad Track to the northwest corner of Block 124, Lot 19R, Fort Worth Original Town Addition; Northeastward along the northern boundary of parcels fronting Belknap Street to the west ROWQ line of Interstate 35; South along the west ROW line of Interstate 35 to Lot 6, 6 Less Row, Penderys Addition;Southwestward along the southern boundary of parcels fronting Weatherford Street to the centerline of Nichols Street; Southeastward along the centerline of Nichols Street to the centerline of 2nd Street; Northeastward along the centerline of 2nd Street to the centerline of Hampton Street; Southeastward along the centerline of Hampton Street to the western ROW line of the BNSF Railroad Track; Southward along the western ROW line of the BNSF Railroad Track to the northern ROW line of State Highway 280; Southwestward along the northern ROW line of SH 280 to the western ROW line of the T & P Railroad Track; Southward along the western ROW line of the T & P Railroad Track to the north ROW line of Interstate 30; then Westward along the northern ROW line of Interstate 30 to the point of beginning.The area is as shown in 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 ordinance, 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 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 Sections 2 through 5 of the Downtown Urban Design Standards is required as a condition for the following: a.Issuance by the Planning and Development Department of a building permit for constructionof 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 Sections 2 through 5 of the Downtown Urban Design Standards 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 Planning and Development 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 Planning and Development Director for discussion at the pre-design conference: 1.Footprints of all existing structures Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 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.Locationof landscape areas 8.Two copies of building elevations for all sides of the building 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 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.Fivecopies 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 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. 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 ApproveCertificate of Appropriateness 1. Approval of requirements concerning walkway areas, landscape, building edge and signs and banners, contained in Sections 2, 3, 4 and 5 of the Downtown Urban Design Standards shall be by the Downtown Design Review Board.Meetings of the Downtown Design Review Board shall be conducted in accordance with Section 2.104. 2.Approval of requirements concerning building edge and signs and banners contained in Sections 4 and 5 of the Downtown Urban Design Standards shall be bythe Downtown Design Review Board. Meetings of the Downtown Design Review Board shall be conducted in accordance with Section 2.104. I.Appeal Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 1.All decisions of the Planning and Development 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 Planning and Development Director’s or a designee’s decision.Hearings by the Downtown Design Review Board shall be held in accordance with Section 2.104.The Downtown Design Review Board may uphold, reverse or modify the decision of the Planning and Development Director or a designee. 2.Appeals Board a.All decisions by the Downtown Design Review Board may be appealed to the Appeals Board 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; i.that the decision of the board is unreasonable, either in whole or in part; and ii.the grounds for the appeal. b.The Appeals Board 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 th Newspaper not less than the 15day before the hearing. The secretary of the Downtown Design Review Boardshall forward to the Appeals Board 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 Appeals Board shall: i.Hear and consider testimony and evidence concerning the previous recommendations and actions of the city staff and the Downtown Design Review Board; ii.Hear new testimony and consider new evidence that was not available at the time of the hearing before the Downtown Design Review Board; iii.Apply the substantial evidence test to the decision of the Downtown Design Review Board, considering the record made before the Downtown Design Review Board; iv.Have the option to remand any case back to the Downtown Design Review Board for further proceedings. c.The Appeals Board 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 Appeals Board shall exhaust the administrative remedies of the property owner/appellant under this title. Any owner/appellant aggrieved by the decision of the Appeals Board may file in District Court. 4.403Trinity Uptown Peripheral Zone (“TUP”) Overlay District A.Purpose and Intent It is the purpose of theTrinity Uptown 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 Trinity Uptown 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 Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 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 ofN. 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 1050.32 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; Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 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 225feet, 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, 59.6feet, 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: BEGINNINGat 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; Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 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 0.5miles 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 northwesterlyright-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 0.5miles 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; Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 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-Bbeing 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 secondsWest, 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, North73 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, Block21, 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 22degrees 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; Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance North 70 degrees 47 minutes East 50 feet; AndNorth 64degrees 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 50feet; North 28 degrees 36 minutes West 50feet; 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 41degrees 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 1438 feet, to thePlace 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 2400 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 41seconds East, 134.32 feet; And North 86 degrees 30 minutes 58 seconds East, 58.51feet, to the south line of said Cemetery; Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 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 Trinity Uptown Peripheral Zone to Base Zoning Districts The Trinity Uptown 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 Trinity Uptown Peripheral Zone shall be subject to the Trinity Uptown Peripheral Zone Development 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.Trinity Uptown Peripheral Zone Design Overlay Zoning Standards and Guidelines Adopted The Trinity Uptown Peripheral Zone Design Overlay Zoning Standards and Guidelines, attached as Exhibit A, are hereby approved by the City Council and are included in the Zoning Ordinance by reference. All future amendments to the Trinity Uptown Peripheral Zone Design Overlay Zoning Standards and Guidelines must be considered by the Zoning Commission andapproved 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 Trinity Uptown Peripheral Zone District Overlay, issuance of a certificate of appropriateness reflecting compliance the Trinity Uptown Peripheral Zone Design 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; Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 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; and d.Construction of a surface parking lot. 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: i.Footprints of all existing structures. ii.Proposed footprint of all new structures. iii.Existing structures adjacent to the property. iv.Building setbacks. v.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. 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 Planning and Development 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: i.The project conforms to all standards and guidelines of the Trinity Uptown Peripheral Zone Design Overlay Zoning Standards and Guidelines when both are applicable; or ii.Aproject is submitted wherein only the guidelines of the Trinity Uptown Peripheral Zone Design 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 theTrinity Uptown Peripheral ZoneDesign 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 Trinity Uptown Peripheral Zone Development Standards and Guidelines for new construction and Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 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 Planning and Development 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 (10) days of notice of the decision of the Planning and Development 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 Appeals Board by the applicant. A written notice of appeal must be filed with the CitySecretary within ten days after receipt of notification of the Urban Design Commission's decision. The written notice of appeal shall specify: i.That the decision of the board is unreasonable, either in whole or in part; and ii.The grounds for the appeal. b.The Appeals Board shall schedulea 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 Appeals Board 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 Appeals Board shall: i.Hear and consider testimony and evidence concerning the previous recommendations and actions of the city staff and the Urban Design Commission; ii.Hear new testimony and consider new evidence that was not available at the time of the hearing before the Urban Design Commission; iii.Apply the substantial evidence test to the decision of the Urban Design Commission, considering the record made before the Urban Design Commission; iv.Have the option to remand any case back to the Urban Design Commission for further proceedings. c.The Appeals Board 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 Appeals Board shall exhaust the administrative remedies of the property owner/appellant under this title. Any owner/appellant aggrieved by the decision of the Appeals Board may file in District Court. 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 one thousand feet (1000’) each side of thefollowing 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; Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 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 pointat Engineer’s Station 382+00; THENCE continuing northerly with said centerline, North 00 degrees 04 minutes 00 seconds West, 2963.15 feet, to its intersection with the centerline of said Interstate Loop 820 at Engineer’s Station 352+36.85, at Interstate Loop 820Engineer’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 35WEngineer’s Station 619+06.89; THENCE northerly with said centerline, North 00 degrees 04 minutes 00 seconds West, 2988.79 feet, to an angle pointat 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 11459.16 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 2017.28 feet, to its end at Engineer’s Station 560+90.77; North 10 degrees 07 minutes 16 seconds West, 6014.19 feet, tothe beginning of a curve having a radius of 11459.16 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 (1500’)” to “one thousand feet (1000’)”. Revision II, November 15, 2010, Title changed to reflect limitschanged 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 (1000’) 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 11459.16 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, througha central angle of 08 degrees 59 minutes 06 seconds, an arc distance of 1796.98 feet, to its end at Engineer’s Station 480+53.02; Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance North 00 degrees 00 minutes 12 seconds West, at 3638.40 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 17707.45 feet, to the beginning of a curve having a radius of 5729.58 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 1495.19 feet, to its end at Engineer’s Station 288+50.38; North 14 degrees 56 minutes 55 seconds East, 4503.36 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 “onethousand five hundred (1500’)”to “one thousand feet (1000’)”. 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 one thousand feet (1000’) 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, 1779.10 feet, tothe beginning of a curve having a radius of 5729.58 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 1468.31 feet, to its end at Engineer’s Station 210+99.61; North 00 degrees 15 minutes 56 seconds East, 4997.63 feet, to the beginning of a curve having a radiusof 5729.58 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 1043.42 feet, to its end at Engineer’s Station 150+58.56; North 10 degrees 41 minutes59 seconds East, 3744.61feet, to the beginning of a curve having a radius of 5729.58 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 1924.42feet, to its end at Engineer’s Station 93+89.56; THENCE northeasterly with said centerline, North 29 degrees 56 minutes 38 seconds East, at 2848.83 feet, pass the called County Line at Engineers Station Equation 65+40.73=0+00, and at 2872.13 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 Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance F. M. 407, in all 4924.48 feet, to the beginning of a curve having a radius of 11459.16 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,11222.42 feet,to the beginning of a curve having a radius of 5729.58 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 byHans 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 (1500’)” to “one thousand feet (1000’)”. 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 Guidelinesin accordance with this section. In the event of a conflict between the I-35W Development Standards and Guidelinesand 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 Guidelinesand 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, 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 ZoningOrdinance. 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: Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance a.Acceptance by the Planning and Development Department of an application for a building permit for construction of a new structure; or 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 twenty one (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: i.Foot prints of all existing structures; ii.Proposed footprint of all new structures; iii.Existing structures adjacent to the property; iv.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; 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 Planning and Development 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 Guidelinesfor 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 Planning and Development 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 (10) days of notice of the decision of the Planning and Development 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 Appeals Board by the applicant. A written notice of appeal must be filed with the City Secretary’s Office within ten (10) days after receipt of notification of the decision of the Urban Design Commission’s decision. The written notice of appeal shallspecify: a.That the decision of the Urban Design Commission is unreasonable, either in whole or in part; and b.The grounds for the appeal. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 3.The Appeals Board shall schedule a hearing on such appeal as soon as reasonably practicable. The Executive Secretary of the Urban Design Commission shall forward to the Appeals Board 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; d.Have the option to remand any case back to the Urban Design Commission for further proceedings. 5.The Appeals Board 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 Appeals Board shall exhaust the administrative remedies of the appellant under this title. Any appellant aggrieved by the decision of the Appeals Board may file in District Court. Article 5. Reserved Article 6. Residential District Use Table 4.600 Allowed Uses The table on the following pages sets forth the uses permitted within the residential districts. 4.601 Key to Table Designations A.Permitted Uses(P) A “P” in a cell indicates that a use is allowed by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this Zoning Ordinance.A “P*” in any cell means that supplemental use standards apply (Refer to ‘Supplemental Use Standards, Chapter 5.100 Standards for Selected Uses’).The specific section number of the standard is noted in the right-hand column titled “Supplemental Standards”. B. Special Exception Uses(SE) An “SE” in a cell indicates that a use is allowed only if reviewed and approved as a special exception use, in accordance with the review procedures of Chapter 3, Article 3. An “SE*” in any cell means that supplemental use standards apply (Refer to ‘Supplemental Use Standards, Chapter 5.100 Standards for Selected Uses’). The specific section number ofthe standard is noted in the right-hand column titled “Supplemental Standards”. C.Uses Not Allowed An empty cell indicates that a use is not allowed in the respective zoning district. D.Supplemental Use Standards(*) The numbers contained in the right-hand column of the table are references to additional Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance standards and requirements that may apply to the use listed. Standards referenced in this column apply only in zoning districts where the designation includes a “*”. E.Use Also Included in Nonresidential District Use Table(>>) The “»” symbol in the second column from the right (titled “refer to Nonresidential District Use Table”) indicates this use can also be found in the Nonresidential District Use Table in Article 8. 4.602 Unlisted Uses Additional uses have been interpreted as part of or similar to many of the uses listed in the table.The full list of such uses is included in Appendix C, Use Index.If a use is not listed, then the Board of Adjustment shall, upon the request of any interested partyand pursuant to the procedures set forth in Chapter 3, Article 2, make a determination within which district, if any, a proposed use should be allowed. 4.602 RESIDENTIAL USE TABLE RESIDENTIAL USES One -family detached dwelling One -family zero lot line detached One -family zero lot line attached (twin home) Two-family detached Duplex/two-family attached dwelling One -family attached (townhouse, rowhouse) Household Living Cluster housing HUD -code manufactured housing Industrialized housing Manufactured home park Manufactured home subdivision Mobile home Multifamily dwelling apartment Boarding or lodging house Community home Fraternity or sorority house Group Living Group Home I Group Home II Halfway House Shelter Day care center (child or adult) Education Kindergarten School, elementary or secondary (public or private) Government office facility Government Religious Recreation Recreation Utilities A- 2.5A A-43 P P One/Two-Fami y Districts A-21 A-10 A-7.5 A-5 AR P P PP Multifamily B R1 R2 CR C D UR MH P PP P PPPP P P P* P* P P P P P P P PPPP P P P PPPP P P P PPPP P* P P P P PPPPP P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P P* P* P* P Special Districts In NR Supple -mental Table Standards PD P* P* P PD* P P P* PD* P* P* PD* P PD P* PD* P* PD* PD* PD SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* P P P P PP PPP P PPPP P P P P PP PPP P PPPP Museum, library, or fine arts center, government operated or controlled P P P P PP PPP P PPPP Place of Worship Center, community recreation or welfare, private or non-profit Country club (private) Golf course Golf driving range Neighborhood recreation center Park or playground (public) Park (private) Electric power substation Stealth Telecommunications Towers P P P P PP PPP P PPPP SE SE SE SE SE SE SE SE SE SE SE SE SE SE P P P P PP PPP P PPPP P P P P PP PPP P PPPP P P P P PP PPP P PPPP P P P P PP PPP P PPPP P P P P PP PPP P PPPP SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* * Not > 10,000 Sq.Ft. » 6.507 » 6.101C » 6.101C » 5.116B » 4.202B » 6.506 » 5.107A » 5.110 » 5.115 » 5.115 » 4.305B » 5.111 » 5.118 » 5.127 » 5.137 Utilities Other Accessory Temporary RESIDENTIAL USES Telecommunications antenna (on structure) Utility transmission tower or distribution line Water supply, treatment or storage facility Airport, aviation field or landing area Ambulance dispatch station Bed and breakfast Home Bed and Breakfast Inn Greenhouse or plant nursery Hospice Gas drilling & production Parking, auxiliary Accessory use or building Home occupation Large animals Private carport/private porte cochere (reduced rear and side yard setbacks) Private carport/private porte cochere (front yard) Recreation area (private), indoor or outdoor Satellite antenna (dish) Terrace garage (in required yard setbacks) Amusement, outdoor (temporary) Batch plant, concrete or asphalt (temporary) Garage or other occassional sale Model home Trailer, portable; sales, construction or storage Vendor, door to door Vendor, transient A- 2.5A P* P* SE SE SE* A-43 A-21 A-10 A-7.5 A-5 AR B R1 R2 CR D UR MH PD P* P* P* P* P* P* P* P* P* P* P* P* P* P* PD* P* P* P* P* P* P* P* P* P* P* P* P* P* PD* SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* P P P P* P* P* P* P* P* P* P* P* P* P* P* P* P* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* P* P* P* P* P* P* P* P* P* P* PPP P P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* PPP P P* P* P* P* P* P* P* P* P* P* P* P* P* P* PP P P PP PPP P PPPP SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* SE* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P P P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* In NR Table Supple -mental Standards 5.136 5.140 5.101 5.106 5.107 5.114, 5.133 Ch. 15, City Codes; 5.140 6.202F 5.301 5.116A 5.307 5.301D 5.301D 5.304 5.400 5.401 5.402 5.403 5.405 9.101 9.101 Article 7. Residential Districts 4.700 One-Family ("A-2.5A") District A.Purpose and Intent It is the purpose and intent of the One-Family (“A-2.5A”) District to provide a zone with a minimum lot size of two and one-half acres for rural-style development of a one-family dwelling on each lot and accessoryuses.The minimum lot size of two and one-half acres may also be appropriate to maintain compatible lot sizes in developed areas, ensure compatibility with adjacent uses, or otherwise promote the public health, safety, morals or general welfare. B.Uses In the One-Family (“A-2.5A”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8, and the supplemental standards of Chapter 5. C.Property Development Standards In the One-Family(“A-2.5A”) District, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table: One-Family (“A-2.5A”) District Lot Area Two and one-half acres (108,900 square feet) minimum (Sections 6.501 and 7.106) Lot Width 150 feet minimum at building line Lot Coverage 20% percent maximum Front Yard* 35 feet minimum Rear Yard 25 feet minimum Side Yard* Interior lot25 feet minimum Corner lot** 35 feet minimum adjacent to side street and 25 feet minimum for interior lot line Height35 feet maximum (see Chapter 6‘Development Standards, Section 6.100 Height’) Notes: *see Chapter 6 ‘Development Standards, section6.101D Yardsfor front yard setback requirements. **May be subject to projected front yard (Section 6.101G) COMMENTARY: Carports/porte cocheres see‘Chapter 5 Supplemental Use Standards,Section5.301 Accessory Buildings on Residential Lots’and Chapter 6 ‘Development Standards, section6.101 Yards’. Fences- see‘Chapter 6 Development Standards, Section5.305 Fences’. Façade - materials and appearance under Section ‘6.507 Single Family Residential Design Standards’). Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance Picture 4.1 . (Popup full image) Picture 4.2 .(Popup full image) D.Other Development Standards Development in the One-Family (“A-2.5A”) District may be subject to a variety of general development standards in Chapter 6, and the following provisions. 1.Signs. On-premises signs subject to the following: a.An unilluminated nameplate bearing the family name of the occupants residing in the residence not to exceed one square foot in area. b.An unilluminated sign for those uses allowed that are not residential.The sign shall not exceed 30 square feet in area, shall beno higher than six feet above grade, and shall be placed a minimum of ten feet behind the property line.Such sign shall not be placed within 20 feet of drives providing ingress and egress to the property. 2.Parking. Two spaces per dwelling unit, locatedbehind the front building line.For nonresidential uses see Chapter 6‘Development Standards, Article 2Off Street parking and Loading’, Section 6.200. 3.Residential Design Standards .See chapter 6‘Development Standards, Section6.507 Single Family Residential Design Standards’. 4.Landscaping and Buffers. Nonresidential uses may requirelandscaping or buffers. Section Chapter 6‘Development Standards, Article 3Landscaping, Buffers, and Urban Forestry, Section 6.300’. 5.Access through Residential Districts. See Chapter 6 ‘Development Standards, Section6.500 Access through Residential Districts’. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 6.Reconstruction of Nonconforming Accessory Buildings. See Chapter 5 ‘Supplemental Use Standards, Section5.301C Accessory Buildings on Residential Lots’.A nonconforming accessory building that is damaged by fire, the elements, or other cause beyond the control of the owner may be repaired or reconstructed in the same rear and side yard setbacks provided the construction is limited to the identical footprint (replacement of the foundation is allowed); the building is the same design, height and roof pitch (use of different material is allowed) and the owner or an agent obtains a building permit to repair the structure within six months after the damage date.The owner shall have the burden of proof to establish the damage date. 7.Garage/Carport. No more than one garage and one carport or porte cochere shall be allowed per residential unit on a single residential lot, unless the additional garages or porte cocheres are an integral part of the main residential structure with the same roofline and driveway as the residential structure. 4.701 One-Family ("A-43") District A.Purpose and Intent It is the purpose and intent of the One-Family (“A-43”) District to provide a zone with a minimum lot size of one acre for rural-style development of a one-family dwelling on each lot and accessory uses.The minimum lot size of one acre may also be appropriate to maintain compatible lot sizes in developed areas, ensure compatibility with adjacent uses, or otherwise promote the public health, safety, morals or general welfare. B.Uses In the One-Family (“A-43”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged,nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8, and the supplemental standards of Chapter 5. C.Property Development Standards In the One-Family(“A-43”) District, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table: One-Family (“A-43”) District LotArea One acre (43,560 square feet) minimum (Section 6.501 and 7.106) LotWidth 125 feet minimum at building line LotCoverage 30% percent maximum Front Yard* 35 feet minimum Rear Yard 25 feet minimum Side Yard* Interior lot25 feet minimum Corner lot** 35 feet minimum adjacent to side street and 25 feet minimum for interior lot line Height35 feet maximum (seeChapter 6 ‘Development Standards, section 6.100 Height’) Notes: *see(Chapter 6‘Development Standards, section6.101D Yards’) for front yard setback requirements. **May be subject to projected front yard (Section 6.101G) COMMENTARY: Carports/porte cocheres see Chapter 5‘Supplemental Use Standards, Chapter 5.301 Accessory Buildings on Residential Lots’ and ‘Chapter 6 Development Standards, Section 6.101 Yards’ Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance Fences: - see Chapter 6‘Development Standards, section5.305 Fences’ Façade:- materials and appearance under Section ‘6.507 Single Family Residential Design Standards’). D.Other Development Standards 1.Signs. On-premises signs subject to the following: a.An unilluminated nameplate bearing the family name of the occupants residing in the residencenot to exceed one square foot in area. b.An unilluminated sign for those uses allowed that are not residential.The sign shall not exceed 30 square feet in area, shall be no higher than six feet above grade, and shall be placed a minimum of ten feet behind the property line.Such sign shall not be placed within 20 feet of drives providing ingress and egress to the property. 2.Parking. Two spaces per dwelling unit, located behind the front building line.For nonresidential uses, see Chapter 6‘Development Standards, Article 2Off Street Parking and Loading, Section 6.200’. 3.Residential Design Standards. SeeChapter 6 ‘Development Standards, section6.507 Single Family Residential Design Standards’. 4.Landscaping and Buffers. Nonresidential uses may require landscaping or buffers. See Chapter 6 ‘Development Standards, Article 3 Landscaping, Buffers, and Urban Forestry’, section 6.300. 5.Access through Residential Districts. See Chapter 6 ‘Development Standards, section 6.500 Access through Residential Districts’. 6.Reconstruction of Nonconforming Accessory Buildings. A nonconforming accessory building that is damaged by fire, the elements, or other cause beyond the control of the owner may be repaired or reconstructed in the same rear andside yard setbacks provided the construction is limited to the identical footprint (replacement of the foundation is allowed); the building is the same design, height and roof pitch (use of different material is allowed) and the owner or an agent obtains a building permit to repair the structure within six months after the damage date.The owner shall have the burden of proof to establish the damage date. 7.Garage/Carport. No more than one garage and one carport or porte cochere shall be allowed per residential unit on a single residential lot, unless the additional garages or porte cocheres are an integral part of the main residential structure with the same roofline and driveway as the residential structure. 4.702 One-Family ("A-21") District A.Purposeand Intent It is the purpose and intent of the One-Family (“A-21”) to provide a zone with a minimum lot size of one-half acre for semi-rural development of a one-family dwelling on each lot and accessory uses.The minimum lot size of one-half acre may also be appropriate to maintain compatible lot sizes in developed areas, ensure compatibility with adjacent uses, or otherwise promote the public health, safety, morals or general welfare. B.Uses In the One-Family (“A-21”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8, and the supplemental standards of Chapter 5. C.Property Development Standards In the One-Family (“A-21”) District, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table One-Family (“A-21”) District LotArea One-half acre (21,780 square feet) minimum (Sections 6.501 and 7.106) LotWidth 85 feet minimum at building line Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance LotCoverage 30% maximum Front Yard*30 feet minimum Rear Yard 10 feet minimum Side Yard * Interior lot10 feet minimum Corner lot** 15 feet minimum adjacent to side streetand 10 feet minimum for interior lot line Height 35 feet maximum (see Chapter 6‘Development Standards, section 6.100 Height’) Notes: *See(Chapter 6 Development Standards, Section6.101D Yards’) for front yard setback requirements. **May be subject to projected front yard (Section 6.101G) COMMENTARY: Carports/porte cocheres – allowed in side, rear and front yard in certain circumstances. (See Chapter 5 ‘Supplemental Use Standards, Section5.301 Accessory Buildings on Residential Lots’ and Chapter 6 ‘Development Standards, section 6.101 Yards’). Fences – 2 feet high in public open space easement, 8 feet high behind front yard. (See Chapter 5 ‘Supplemental Use Standards, section5.305 Fences’for fence requirements for fences allowed for residential dwellings Facade – materials and appearance see(Chapter 6 ‘Development Standards, Section6.507 Single- Family Residential Design Standards’). Picture 4.3 .(Popup full image) Picture 4.4 . (Popup full image) Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance D.Other Development Standards Development in the One-Family (“A-21”) District may be subject to a variety of general development standards in Chapter 6, and the following provisions: 1.Signs. On-premises signs subject to the following: a.An unilluminated nameplate bearing the family name of the occupants residing in the residence not to exceed one square foot in area. b.An unilluminated sign for those uses allowed that are not residential.The sign shall not exceed 30 square feet in area, shall be no higher than six feet above grade, and shall be placed a minimum of ten feet behind the property line.Such sign shall not be placed within 20 feet of drives providing ingress and egress to the property. 2.Parking. Two spaces per dwelling unit, located behind the front building line.For nonresidential usessee Chapter 6‘Development Standards, Article 2Off Street Parking and Loading, Section 6.200’. 3.Residential Design Standards. See Chapter 6 ‘Development Standards, Chapter 6.507 Single Family Residential Design Standards’. 4.Landscaping and Buffers. Nonresidential uses may requirelandscaping or buffers. See Chapter 6 ‘Development Standards, Article 3Landscaping, Buffers and Urban Forestry, section 6.300’. 5.Access through Residential Districts. See Chapter 6 ‘Development Standards, Chapter 6.500 Access through Residential Districts’. 6.Reconstruction of Nonconforming Accessory Buildings. A nonconforming accessory building that is damaged by fire, the elements, or other cause beyond the control of the owner may be repaired or reconstructed in the same rear and side yard setbacks provided the construction is limited to the identical footprint (replacement of the foundation is allowed); the building is the same design, height and roof pitch (use of different material is allowed) and the owner or an agent obtains a building permit to repair the structure within six months after the damage date.The owner shall have the burden of proof to establish the damage date. 7.Garage/Carport. No more than one garage and one carport or porte cochere shall be allowed per residential uniton a single residential lot, unless the additional garages or porte cocheres are an integral part of the main residential structure with the same roofline and driveway as the residential structure. 4.703 One-Family ("A-10") District A.Purpose and Intent It is the purpose and intent of the One-Family (“A-10”) District to provide a zone with a minimum lot size of 10,000 square feet for the development of a one-family dwelling on each lot and accessory uses.The minimum lot size of 10,000 square feet may also be appropriate to maintain compatible lot sizes in development areas, ensure compatibility with adjacent uses, or otherwise promote the public health, safety, morals or general welfare. B.Uses In the One-Family (“A-10”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8, and the supplemental standards of Chapter 5. C.Property Development Standards In the One-Family (“A-10”) District, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table: Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance One-Family (“A-10”) District LotArea10,000 square feet minimum see(Chapter 6‘Development Standards, Section6.501 Lot Area not served by Sanitary Sewer’ andChapter 7 ‘Nonconformities, Section7.106 Nonconforming Lot of Record’) LotWidth 60 feet minimum at building line LotCoverage 40% maximum Front Yard *25 feet minimum Rear Yard 10 feet minimum Side Yard * Interior lot5 feet minimum Corner lot** 10 feet minimum adjacent to side street and 5 feet minimum for interior lot line Height 35 feet maximum see(Chapter 6 ‘Development Standards, section6.100 Height’) Notes: *See (Chapter 6 ‘Development Standards, Section6.101D Yards’) for front yard setback requirements. **May be subject to projected front yard (Section 6.101G). COMMENTARY: Carports/porte cocheres –allowed in side, rear and front yard in certain circumstances.See (Chapter 5 ‘Supplemental Use Standards, Section5.301 Accessory Buildings on Residential Lots andChapter 6 Development Standards, Section6.101 Yards’). Fences –2 feet high in public open space easement, 8 feet high behind front yard,see(Chapter 5 ‘Supplemental Use Standards, Section5.305 Fences’)for fence requirements for fences allowed for residential dwellings). Facade –materials and appearance see chapter 6‘Development Standards, section6.507 Single Family Residential Design Standards’. Picture 4.5 .(Popup full image) Picture 4.6 . (Popup full image) Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance D.Other Development Standards Development in the One-Family (“A-10”) District may be subject to a variety of general development standards in Chapter 6, and the following provisions: 1.Signs. On-premises signs subject to thefollowing: a.An unilluminated nameplate bearing the family name of the occupants residing in the residence not to exceed one square foot in area. b.An unilluminated sign for those uses allowed that are not residential.The sign shall not exceed 30 square feet in area, shall be no higher than six feet above grade, and shall be placed a minimum of ten feet behind the property line.Such sign shall not be placed within 20 feet of drives providing ingress and egress to the property. 2.Parking. Two spacesper dwelling unit, located behind the front building line.For nonresidential uses see chapter 6‘Development Standards, Article 2Off Street Parking and Loading’, Section 6.200. 3.Residential Design Standards. See Chapter 6‘Development Standards, Section6.507 Single Family Residential Design Standards’. 4.Landscaping and Buffers. Nonresidential uses may require landscaping or buffers. See Chapter 6 ‘Development Standards, Article 3Landscaping, Buffers, and Urban Forestry, Section 6.300’. 5.Access through Residential Districts. See Chapter 6‘Development Standards, Section 6.500 Access through Residential Districts’. 6.Reconstruction of Nonconforming Accessory Buildings. A nonconforming accessory building that is damaged by fire, the elements, or other cause beyond the control of the owner may be repaired or reconstructed in the same rear and side yard setbacks provided the construction is limited to the identical footprint (replacement of the foundation is allowed); the building is the same design, height and roof pitch (use of different material is allowed) and the owner or an agent obtains a building permit to repair the structure within six months after the damage date.The owner shall have the burden of proof to establish the damage date. 7.Garage/Carport. No more than one garage and one carport or porte cochere shall be allowed per residential unit on a single residential lot, unless the additional garages or porte cocheres are an integral part of the main residential structure with the same roofline and driveway as the residential structure. 4.704 One-Family ("A-7.5") District A.Purpose and Intent It is the purpose and intent of the One-Family (“A-7.5”) District to provide a zone with a minimum lot size of 7,500 square feet for the development of a one-family dwelling on each lot and accessory uses.The minimum lot size of 7,500 square feet may also be appropriate to maintain compatible lot sizes in developed areas, ensure compatibility with adjacent uses, or otherwise promote the public health, safety, morals or general welfare. B.Uses In the One-Family (“A-7.5”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8, and the supplemental standards of Chapter 5. C.Property Development Standards In the One-Family (“A-7.5”) District, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table: Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance One-Family (“A-7.5”) District LotArea7,500 square feet) minimumsee (‘Chapter 6 Development Standards, Section6.501 Lot Area not served by Sanitary Sewer’ and Chapter 7 ‘Nonconformities, Section7.106 Nonconforming Lot of Record’) LotWidth 55 feet minimum at building line LotCoverage 45% percent maximum Front Yard *20 feet minimum (local streets)15 feet minimum (limited local streets) Rear Yard 5 feet minimum Side Yard* Interior lot5feet minimum Corner lot** 10 feet minimum adjacent to side street and 5 feet minimum for interior lot line Height 35 feet maximum (see Chapter 6‘Development Standards, Section 6.100 Height’) Notes: *See(Chapter 6 ‘Development Standards, Section6.101D Yards’)for front yard setback requirements. **May be subject to projected front yard (Section 6.101G). COMMENTARY: Carports/porte cocheres –allowed in side, rear and front yardin certain circumstances.(See Chapter 5 (‘Supplemental Use Standards, section5.301Accessory Buildings on Residential Lots and Chapter 6 Development Standards, Section6.101 Yards’). Fences –2 feet high in public open space easement, 8 feet high behind front yard, (See Chapter 5 ‘Supplemental Use Standards, Section5.305 Fences’for fence requirements for fences allowed for residential dwellings). Facade –materials and appearance see Chapter 6‘Development Standards, Section6.507 Single family Residential Design Standards’ Picture 4.7 . (Popup full image) Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance Picture 4.8 . (Popup full image) D.Other Development Standards Development in the One-Family (“A-7.5”) District may be subject to a variety of general development standards in Chapter 6, and the following provisions. 1.Signs. On-premises signs subject to the following: a.An unilluminated nameplate bearing the family name of the occupants residing in the residence not to exceed one square foot in area. b.An unilluminated sign for those uses that are not residential.The sign shall not exceed 30 square feet in area, shall be no higher than six feet above grade, and shall be placed a minimum of ten feet behind the property line.Such sign shall not be placed within 20 feet of drives providing ingress and egress to the property. 2.Parking. Two spaces per dwelling unit, located behind the front building line.For nonresidential uses see Chapter 6‘Development Standards, Article 2 Off Street Parking and Loading’, section 6.200. 3.Residential Design Standards. See Chapter 6‘Development Standards, section6.507 Single Family Residential Design Standards’. 4.Landscaping and Buffers. Nonresidential uses may require landscaping or buffers. See Chapter 6 ‘Development Standards, Article 3Landscaping, Buffers, and Urban Forestry’, Section 6.300. 5.Access through Residential District. See Chapter 6 ‘Development Standards, Section 6.500 Access through Residential Districts’. 6.Reconstruction of Nonconforming Accessory Buildings. A nonconforming accessory building that is damaged by fire, the elements, or other cause beyond the control of the owner may be repaired or reconstructed in the same rear and side setbacks provided the construction is limited to the identical footprint (replacement of the foundation is allowed); the building is the same design, height and roof pitch (use of different material is allowed) and the owner or an agent obtains a building permit to repair the structure within six months after the damage date.The owner shall have the burden of proof to establish the damage date. 7.Garage/Carport. No more than one garage and one carport or porte cochere shall be allowed per residential unit on a single residential lot, unless the additional garages or porte cocheres are an integral part of the main residential structure with the same roofline and driveway as the residential structure. 8.Side and Rear Yard Setbacks. The side and rear yard setbacks for detached garages located behind the rear wall of the house may be reduced to three (3) feet.The side yard of an attached garage may be located within three (3) feet of the property line when located a minimum of eighteen (18) feet back of the front wall of the house. 4.705 One-Family ("A-5") District A.Purpose and Intent It is the purpose and intent of the One-Family (“A-5”) District to provide a specific zone with a minimum lot size of 5,000 square feet for the development of a one-family dwelling on each lot and accessory uses. B.Uses In the One-Family (“A-5”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5. C.Property Development Standards In the One-Family (“A-5”) District, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance One Family (“A-5”) District LotArea5,000 square feet minimumsee (‘ Chapter 6 Development Standards, section6.501 Lot Area not served by Sanitary Sewer’ and Chapter 7 ) ‘Nonconformities, section7.106 Nonconforming Lot of Record’ LotWidth50 feet minimum at building line LotCoverage 50 percent maximum Front Yard*20 feet minimum (local street)15 feet minimum (limited local street) Rear Yard 5 feet minimum Side Yard* Interior lot5 feet minimum Corner lot** 10 feetminimum adjacent to side street and 5 feet minimum for interior lot line Height35 feet maximum(see ‘ Chapter 6Development Standards, section ) 6.100 Height’ Notes: * see(Chapter 6 ‘Development Standards, Section6.101D Yards’)for front yard setback requirements. ** May be subject to projected front yard (Section 6.101G). COMMENTARY: Carports/porte cocheres–allowed in side, rear and front yard in certain circumstances.(See Chapter 5 ‘ Supplemental Use Standards, Section5.301 Accessory Buildings onResidential Lots andChapter 6 ’). Development Standards, Chapter 6.101 Yards Fences–2 feet high in public open space easement, 8feet high behind front yard, (See Chapter 5 ‘’ for fence requirements for fences allowed for Supplemental Use Standards, Section5.305 Fences residential dwellings). Facade–materials and appearance see ‘ Chapter 6Development Standards, Section6.507 Single ’ Family Residential Design Standards Picture 4.9 .(Popup full image) Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance Picture 4.10 .(Popup full image) D.Other Development Standards Development in the One-Family (“A-5”) District may be subject to a variety of general development standards in Chapter 6, and the following provisions: 1.Signs. On-premises signs subject to the following: a.An unilluminated nameplate bearing the family name of the occupants residing in the residence not to exceed one square foot in area. b.An unilluminated sign for those uses allowed that are not residential.The sign shall not exceed 30 square feet in area, shall be no higher than six feet above grade, and shall be placed a minimum of ten feet behind the property line.Such sign shall not be placed within 20 feet of drives providing ingress and egress to the property. 2.Parking. Two spaces per dwelling unit, located behind the front building line.For nonresidential uses see Chapter 6 ‘Development Standards, Article 2 Off Street Parking and Loading’, Section 6.200. 3.Residential Design Standards. See Chapter 6‘Development Standards,Section6.507 . Single Family Residential Design Standards’ 4.Landscaping and Buffers. Nonresidential uses may require landscaping or buffers. See Chapter 6 ‘Development Standards, Article 3Landscaping, Buffers, and Urban . Forestry’, Section6.300 5.Access through Residential Districts. See Chapter 6‘Development Standards, Section . 6.500 Access through Residential Districts’ 6.Reconstruction of Nonconforming Accessory Buildings. A nonconforming accessory building that is damaged by fire, the elements, or other cause beyond the control of the owner may be repaired or reconstructed in the same rear and side yard setbacks provided the construction is limited to the identical footprint (replacement of the foundation is allowed); the building is the same design, height and roof pitch (use of different material is allowed) and the owner or an agent obtains a building permit to repair the structure within six months after the damage date.The owner shall have the burden of proof to establish the damage date. 7.Garage/Carport. No more than one garage and one carport or porte cochere shall be allowed per residential unit on a single residential lot, unless the additional garages or porte cocheres are an integral part of the main residential structure with the same roofline and driveway as the residential structure. 8.Side and Rear Yard Setbacks.The side and rear yard setback for detached garages located behind the rear wall of the house may be reduced to three (3) feet.The side yard of an attached garage may belocated within three (3) feet of the property line when located a minimum of eighteen (18) feet back of the front wall of the house. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 4.706 One-Family Restricted ("AR") District A.Purpose and Intent It is the purpose of the One-Family Restricted (“AR”) District to provide a specific zone for the development of detached one-family dwelling units upon lots where such dwelling units are developed on smaller lot areas and zero yards, including such uses accessory thereto. B.Uses In the One-Family Restricted (“AR”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5. C.Property Development Standards Unless the property development standards applicable in the “A” District are used, the minimum dimension of lots and yards and the height of buildings in the One-Family Restricted (“AR”) District, shall be as shown in the accompanying table. One-Family Restricted(“AR”) District LotArea 3,500 square feet minimum LotWidth 35 feet minimum at building line Front Yard *20 feet minimum Rear Yard 5 feet minimum Side Yard* One side 10 feet, the other parallel side 0 feet (See Chapter 6 Interior lot Corner lot**‘Development Standards, Section6.503 Zero Lot Line Dwellings’) 10 feet adjacent to side street, interior lot line subject to Chapter 6 ‘Development Standards, Section6.503 Zero Lot Line Dwellings’ Height 35 feet maximum (See Chapter 6 ‘Development Standards, Section 6.100 Height’) Notes: See(Chapter 6 ‘Development Standards, Section 6.101D Yards’) for front yard setback requirements. **May be subject to projected front yard (Section 6.101G). COMMENTARY: Carports/porte cocheres –allowed in side, rear and front yard in certain circumstances. (See Chapter 5 ‘Supplemental Use Standards, Section5.301 Accessory Buildings on Residential Lots’ and Chapter 6 ‘Development Standards, Chapter 6.101 Yards’). Fences –2 feet high in public open space easement, 8 feet high behind front yard, (see Chapter 5 ‘Supplemental Use Standards, Section5.305 Fences’for fence requirements for fences allowed for residential dwellings. Facade –materials and appearance see Chapter 6‘Development Standards, Section6.507 Single Family Residential Design Standards’ Picture 4.11 . (Popup full image) Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance (Popup full image) Picture 4.12 . D.Other Development Standards Development in the One-Family Restricted (“AR”) District may be subject to a variety of general development standards in Chapter 6, and the following provisions: 1.Signs. On-premises signs subject to the following: a.An unilluminated nameplate bearing the family name of the occupants residing in the residence not to exceed one square foot in area. b.An unilluminated sign for those uses allowed that are not residential. The sign shall not exceed 30 square feet in area, shall be no higher than six feet above grade, and shall be placed a minimum of ten feet behind the property line. Such sign shall not be placed within 20 feet of drives providing ingress and egress to the property. 2.Parking.Two spaces per dwelling unit, located behind the front building line, except for limited local streets, where four spaces shall be required with at least two spaces located behind the front building line (see Section 403.D of the subdivision regulations). “Stacked” or tandem spaces may be counted toward the required number of spaces. For nonresidential usessee Chapter 6 ‘Development Standards, Article 2Off Street Parking . and Loading’, Section 6.200 3.Residential Design Standards. See Chapter 6‘Development Standards, Section6.507 . Single Family Residential Design Standards’ 4.Landscaping and Buffers. Nonresidential uses may require landscaping or buffers.See Chapter 6‘Development Standards, Article 3 Landscaping, Buffers, and Urban Forestry’, . Section 6.300 5.Access through Residential Districts. See Chapter 6 ‘Development Standards, section . 6.500 Access through Residential Districts’ 6.Reconstruction of Nonconforming Accessory Buildings.A nonconforming accessory building that is damaged by fire, the elements, or other cause beyond the control of the owner may be repaired or reconstructed in the same rear and side yard setbacks provided the construction is limited to the identical footprint (replacement of the foundation is allowed); the building is the same design, height and roof pitch (use of different material is allowed) and the owner or an agent obtains a building permit to repair the structure within six months after the damage date.The owner shall have the burden of proof to establish the damage date. 7.Garage/Carport. No more than one garage and one carport or porte cochere shall be allowed per residential unit on a single residential lot,unless the additional garages or porte cocheres are an integral part of the main residential structure with the same roofline and driveway as the residential structure. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 4.707 Two-Family ("B") District A.Purpose and Intent It is the purpose of the Two-Family (“B”) District to provide a specific zone for the development of a maximum of two dwelling units upon a single lot and such uses accessory thereto. B.Uses In the Two-Family (“B”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5.The following four housing types shall be permitted: 1. Two attached units on a single lot; 2. Two detached unitson a single lot (subject to Chapter 6 ‘Development Standards, Section6.502 Two Detached Dwelling Units on One Lot’); 3. Detached zero lot line unit on a single lot (subject to ‘Development Standards, Section 6.503 Zero Lot Line Dwellings’); and 4. Attached zero lot line unit on a single lot (subjectto Chapter 6 ‘Development Standards, section6.503 Zero Lot Line Dwellings’). C.Property Development Standards Unless the property developmentstandards applicable in the “AR” District are used, the minimum dimension of lots and yards and the height of buildings in the Two-Family (“B”) District, shall be as shown in the tables on the following pages. D.Other Development Standards Development in the Two-Family (“B”) District may be subject to a variety of general development standards in Chapter 6, and the following provisions. 1.Signs. On-premises signs subject to the following: a.An unilluminated nameplate bearing the family name of the occupantsresiding in the residence not to exceed one square foot in area. b.An unilluminated sign for those uses permitted that are not residential. The sign shall not exceed 30 square feet in area, shall be no higher than six feet above grade, and shall be placed a minimum of ten feet behind the property line. Such sign shall not be placed within 20 feet of drives providing ingress and egress to the property. 2.Parking. Two (2) spaces per dwelling unit with up to three bedrooms, plus one (1) space per bedroom overthree bedrooms, all located behind the front building line.For nonresidential uses see Chapter 6 ‘Development Standards, Article 2Off Street Parking and Loading’,Section 6.200. 3.Residential Design Standards. For design standards related to zero lot line units and two dwellings on a single lot see Chapter 6 ‘Development Standards, Section 6.507 Single Family Residential Design Standards’. 4.Landscaping and Buffers. See Chapter 6 ‘Development Standards, section6.502 Two Detached Dwelling Units on One Lot’.Nonresidential uses may require landscaping or buffers.See Chapter 6 Development Standards, Article 3 Landscaping, Buffers, and Urban Forestry’, section 6.300. 5.Access through Residential Districts. See Chapter 6 ‘Development Standards, Section 6.500 Access through Residential Districts’. 6.Reconstruction of Nonconforming Accessory Buildings. A nonconforming accessory building that is damaged by fire, the elements, or other cause beyond the control of the owner may be repaired or reconstructed in the same rear and side yard setbacks provided the construction is limited to the identical footprint (replacement of the foundation is allowed); the building is the same design, height and roof pitch (use of different material is allowed) and the owner or anagent obtains a building permit to repair the structure within six months after the damage date.The owner shall have the burden of proof to establish the damage date. 7.Garage/Carport. No more than one garage and one carport or porte cochere shall be allowed per residential unit on a single residential lot, unless the additional garages or porte cocheres are an integral part of the main residential structure with the same roofline and driveway as the residential structure. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance “B” District, Two Attached Units on a Single Lot LotArea5,000 square feet minimum see (Chapter 6 ‘Development Standards, Section6.501 Lot Area not served by Sanitary Sewer’ and Chapter 7 ) ‘Nonconformities, Section 7.106 Nonconforming Lot of Record’ LotWidth50 feet minimum at building linesee (Chapter 6 ‘Development Standards, Section6.501 Lot Area not served by Sanitary Sewer’ and Chapter 7 ‘Nonconformities, Section 7.106 Nonconforming Lot of ) Record’ LotCoverage 50 percent maximum Front Yard* 20 feet minimum Rear Yard5 feet minimum Side yard* Interior lot5 feet minimum Corner lot** 10 feet minimum adjacent to side street and 5 feet minimum for interior lot line Height35 feet maximum (refer to ‘Development Standards, Chapter 6.100 ) Height’ Notes: * See Chapter 6‘Development Standards, Section6.101D Yards’)for front yard setback requirements. ** May be subject to projected front yard (Section 6.101G). COMMENTARY: Carports/porte cocheres–allowed in side, rear and front yard in certain circumstances. (See Chapter 5 ‘and Supplemental Use Standards, Section5.301 Accessory Buildings on Residential Lots’ Chapter 6 ’). ‘Development Standards, Chapter 6.101 Yards Fences–2 feet high in public open space easement, 8 feet high behind front yard, (See Chapter 5 ‘’for fence requirements for fences allowed for Supplemental Use Standards, Section5.305 Fences residential dwellings). (Popup full image) Picture 4.13 . Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance Picture 4.14 .(Popup full image) “B” District,Two Detached Units on a Single Lot Lot Area, 2 units 7,500 square feet minimum LotWidth50 feet minimum at building line LotCoverage 50 percent maximum Front Yard*20 feet minimum Rear Yard 10 feet minimum Side Yard* Interior lot5feet minimum Corner lot** 10 feet minimum adjacent to side street and 5 feet minimum for interior lot line Bldg. Separation10 foot minimum Height35 feet maximum (see Chapter 6 ‘Development Standards, section ) 6.100 Height’ Notes: *See Chapter 6 ‘Development Standards,section6.100 Height’)for front yard setback requirements. ** May be subject to projected front yard (Section 6.101G). COMMENTARY: Carports/porte cocheres–allowed in side, rear and front yard in certain circumstances. (see Chapter 5 ‘’ and Supplemental Use Standards, Section 5.301 Accessory Buildings on Residential LotsChapter 6 ‘’). Development Standards, section6.100 Height Fences–2 feet high in public open space easement, 8 feet high behind front yard, (See Chapter 5 ‘’for fence requirements for fences allowed for Supplemental Use Standards, Section5.305 Fences residential dwellings). Picture 4.15 .(Popup full image) Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance Picture 4.16 .(Popup full image) “B” District, Attached Zero Lot Line Unit on a Single Lot LotArea 2,500 square feet minimum LotWidth25 feet minimum at building line LotCoverage 50 percent maximum Front Yard*20 feet minimum Rear Yard 5 feet minimum Side Yard* Interior lotOne side 10 feet, the other parallel side 0 feet (Section Corner lot** 6.503) 10 feet minimum adjacent to side street, interior lot line subject to Section 6.503 Height35 feet maximum (see Chapter 6 ‘Development Standards, Section 6.100 Height’) Notes: * see(Chapter 6 ‘Development Standards, Chapter 6.101D Yards’)for front yard setback requirements. ** May be subject to projected front yard (Section 6.101G). COMMENTARY: Carports/porte cocheres-allowed in side, rear and front yardin certain circumstances.(See Chapter 5 ‘’ and Supplemental Use Standards, Section5.301 Accessory Buildings on Residential LotsChapter 6 ‘’). Development Standards, Section6.101 Yards (Sections 5.301D and 6.101A). Fences–2 feet high in public open space easement, 8 feet highbehind front yard, (see chapter 6 ‘’for fence requirements for fences allowed for Supplemental Use Standards, section5.305 Fences residential dwellings). Picture 4.17 .(Popup full image) (Popup full image) Picture 4.18 . Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance “B” District, Attached Zero Lot Line Unit on a Single Lot LotArea2,500 square feet minimum LotWidth25 feet minimum at building line LotCoverage 50 percent maximum Front Yard*20 feet minimum Rear Yard 5 feet minimum Side Yard* Interior lotOne side 5 feet, the other parallel side 0 feet (See Chapter 6 Corner lot** ) ‘Development Standards, section6.503 Zero Lot Line Dwellings’ 10 feet minimum adjacent to side street Height35 feet maximum (see Chapter 6‘Development Standards, Section ) 6.100 Height’ Notes: * See(Chapter 6 ‘Development Standards, section6.101D Yards’) for front yard setback requirements. ** May be subject to projected front yard (Section 6.101G). COMMENTARY: Carports/porte cocheres–allowed in side, rear and front yardin certain circumstances.(See chapter 5 ‘Supplemental Use Standards, Section5.301 Accessory Buildings on Residential Lots’ andChapter 6 ) ‘Development Standards, section6.101 Yards’ Fences–2 feet high in public open space easement, 8 feet highbehind front yard, (see Chapter 5 for fence requirements for fences allowed for ‘Supplemental Use Standards, section5.305 Fences’ residential dwellings). (Popup full image)Picture 4.20 .(Popup full image) Picture 4.19 . Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 4.708 Zero Lot Line/Cluster ("R1") District A.Purpose and Intent It is the purpose of the Zero Lot Line/Cluster (“R1”) District to provide a specific zone for the development of one-family and two-family dwelling units where such dwelling units are developed on smaller lot areas and zero yards, including such uses accessory thereto. It is also for the purpose of providing for the development of one-family homes on unique patterned lots clustered around a common access road or cul-de-sac. B.Uses In the Zero Lot Line/Cluster (“R1”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5. The following housing types shall be permitted: 1. Detached zero lot line units (subject to Section 6.503); 2. Attached zero lot line units (subject to Section 6.503); and 3. Cluster housing units (subject to Section 6.504). C.Property Development Standards Unless the property development standards applicable in the “B” District are used, the minimum dimension of lots and yards and the height of buildings in the Zero Lot Line/Cluster (“R1”) District, shall be as shown in the tables on the following pages.See Chapter 6‘Development Standards, Section6.503 Zero Lot Line Dwellings’ and Section6.504 Cluster Housing in the “R1” District’. D.Other Development Standards Development in the Zero Lot Line/Cluster (“R1”) District may be subject to a variety of general development standards in Chapter 6, and the following provisions: 1.Signs. On-premises signs subject to the following: a. An unilluminated nameplate bearing the family name of the occupants residing in the residence notto exceed one square foot in area. b. An unilluminated sign for those uses permitted that are not residential. The sign shall not exceed 30 square feet in area, shall be no higher than six feet above grade, and shall be placed a minimum of ten feet behindthe property line. Such sign shall not be placed within 20 feet of drives providing ingress and egress to the property. 2.Parking. Two spaces per dwelling unit, located behind the front building line, except for limited local streets, where four spaces shall be required, located behind the front building line (see Section 403.D of the subdivision regulations).For nonresidential uses, See Chapter 6‘Development Standards, Article 2Off Street Parking and Loading’, section 6.200. 3.Landscaping and Buffers. Nonresidential uses may require landscaping or buffers. See Chapter 6‘Development Standards, Article 3 Landscaping, Buffers, and Urban Forestry’, Section 6.300. 4.Access through Residential Districts. Refer to ‘Development Standards, Chapter 6.500 Accessthrough Residential Districts’. 5.Residential Design Standards. A site plan for residential development is required. See design standards for two dwellings on a single lot (Section 6.502), zero lot line dwellings (Section 6.503), and cluster housing (Section 6.504). 6.Reconstruction of Nonconforming Accessory Buildings. A nonconforming accessory building that is damaged by fire, the elements, or other cause beyond the control of the owner may be repaired or reconstructed in the same rear and side yard setbacks provided the construction is limited to the identical footprint (replacement of the foundation is allowed); the building is the same design, height and roof pitch (use of different material is allowed) and the owner or an agent obtains a building permit to repair the structure within six months after the damage date.The owner shall have the burden of proof to establish the damage date. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 7.Garage/Carport. No more than one garage and one carport or porte cochere shall be allowed per residential unit ona single residential lot, unless the additional garages or porte cocheres are an integral part of the main residential structure with the same roofline and driveway as the residential structure. “R1” District, One-Family Detached Units LotArea 3,300 square feet minimum per unit LotWidth 33 feet minimum at building line Front Yard* 5 feet minimum Side Yard* 5 feet minimum Rear Yard 5 feet minimum Height 35 feet maximum (See Chapter 6 ‘Development Standards, Section 6.100 Height’) Notes: No frontyard entry driveway or parking *See (Chapter 6 ‘Development Standards, Section6.101D Yards’)for front yard setback requirements. ** May be subject to projected front yard (Section 6.101G) COMMENTARY: Carports/porte cocheres –allowed in side, rear and front yardin certain circumstances.(see Chapter 5 ‘Supplemental Use Standards, section5.301 Accessory Buildings on Residential Lots’ and Chapter 6 ‘Development Standards, Section6.101 Yards’). Fences -2 feet high in public open space easement, 8 feet high behind front yard, (See Chapter 5 ‘Supplemental Use Standards, Chapter 5.305 Fences’for fence requirements for fences allowed for residential dwellings). Facade – Materials and appearance under Section 6.507 Picture 4.21 .(Popup full image) Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance “R1” District, Detached Zero Lot Line Units LotArea2,500 square feet minimum per unit LotWidth25 feet minimum at building line Units per Acre Maximum number of 13 units per acre on average, unless located in a “C” or “D” District where authorized density shall apply. Front Yard*5 feet minimum, garage set back 18 feet if required parking is in front yard Rear Yard 5 feet minimum Side Yard* Interior lotOne side 10 feet minimum, the other parallel side 0 feet (Section 6.503) Corner lot** 10 feet minimum adjacent to side street, interior lot line subject to Section 6.503 Height35 feet maximum (see Chapter 6 ‘Development Standards, Section ) 6.100 Height’ Notes: *. see (Chapter 6‘Development Standards, Section6.101D Yards’) for front yard setback requirements ** May be subject to projected front yard (Section 6.101G) COMMENTARY: Carports/porte cocheres–allowed in side, rear and front yardin certain circumstances.(See Chapter 5 ‘ Supplemental Use Standards, Section5.301 Accessory Buildings on Residential Lots’and Chapter 6 ’). DevelopmentStandards, Section 6.101 Yards Fences-2 feet high in public open space easement, 8 feet high behind frontyard, (Refer to ‘’for fence requirements for fences allowed for Supplemental Use Standards, Chapter 5.305 Fences residential dwellings). (Popup full image) Picture 4.22 . (Popup full image) Picture 4.23 . Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance “R1” District, Attached Zero Lot Line Units LotArea2,500 square feet minimum per unit LotWidth25 feet minimum at building line Units per Acre Maximum number of 13 units per acre on average, unless located in a “C” or “D” District where authorized density shall apply. Front Yard*5 feet minimum, garage set back 18 feet if required parking is in front yard Rear Yard 5 feet minimum Side Yard* Interior lotOne side 5 feet minimum, the other parallel side 0 feet (Section 6.503) Corner lot** 10 feet minimum adjacent to side street Height35 feet maximum (see Chapter 6‘Development Standards, section ) 6.100 Height’ Notes: * See (Chapter 6‘Development Standards, section6.101D Yards’)for front yard setback requirements. ** May be subject to projected front yard (Section 6.101G). COMMENTARY: Carports/ porte cocheres–allowed in side, rear and front yardin certain circumstances.(See Chapter ’ 5Supplemental Use Standards, Section 5.301 Accessory Buildings on Residential Lotsand Section ’). 6.101 Yards Fences–2 feet high in public open space easement, 8 feet high behind front yard, (See Chapter 6 ‘’for fence requirements for fences allowed for Supplemental Use Standards, Section5.305 Fences residential dwellings). Facade–Materials and appearance see ‘ Chapter 6Development Standards, Section 6.507 Single ’. Family Residential Design Standards Picture 4.24 .(Popup full image) Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance “R1” District, Cluster Housing Units Open Space 15 percent minimum (see Section 6.504) Units per Acre Maximum 15 units per acre on average, unless located in a “C” or “D” District where authorized density shall apply. Front Yard* Interior lot5 feet minimum adjacent to street Corner lot** 10 feet minimum adjacent to both streets Rear Yard 5 feet minimum Side Yard* Interior lot5 feet minimum adjacent to street Corner lot** 10 feet minimum adjacent to both streets Height35 feet maximum (see Chapter 6 ‘Development Standards, Section 6.100 Height’) Bldg. Separation 10 feet minimum Notes: * See (Chapter 6 Development Standards, section6.101D Yards’)for front yard setback requirements. ** May be subject to projected front yard (Section 6.101G) COMMENTARY: Carports –not allowed in front of building lineorin required yards. (See Chapter 5‘Supplemental Use Standards, Section5.300B Accessory Structures Not Permitted in Front Yards’andSection 6.101 Yards’). Fences –2 feet highin public open space easement, 8 feet high behind front yard, (See Chapter 6 ‘Supplemental Use Standards, Section5.305 Fences’ for fence requirements for fences allowed for residential dwellings). Facade –Materials and appearance see Chapter 6‘Development Standards, section6.507 Single Family Residential Design Standards’. ) Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 4.709 Townhouse/Cluster ("R2") District A.Purpose and Intent It is the purpose of the Townhouse/Cluster (“R2”) District to provide a specific zone for the development of row houses, townhouses and one-family homes on unique patterned lots clustered around a common access road or cul-de-sac. B.Uses In the Townhouse/Cluster (“R2”)District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5. C.Property Development Standards Unless the property development standards applicable in the “R1” District are used, the minimum dimension of lots and yards and the height of buildings in the Townhouse/Cluster (“R2”) District, shall be as shownin the accompanying table.See Chapter 6‘Development Standards,Section 6.505 Townhouse or Cluster Housing in the “R2” District’. Townhouse/Cluster (“R2”) District Open Space 15 percent minimum Units per Acre Maximum number of 12 units per acre on average, unless located in a “C” or “D” District where authorized density shall apply. Units per Bldg. 10 maximum Front Yard* None required Side Yard* Interior lot5 feet minimum adjacent to street (Section 6.505) Corner lot** 10feet minimum adjacent to both streets (Section 6.505) Height 35 feet maximum (refer to ‘Development Standards, Chapter 6.100 Height’) Bldg. Separation 10 feet minimum Notes: * Maybe subject toprojected front yard (see Chapter 6 ‘Development Standards,Section 6.101G Yards’). ** May be subject to other front, side and rear yard setback requirements (see Chapter 6 ‘Development Standards, Section6.101D Yards’). COMMENTARY: Carports/porte cocheres –allowed in side, rear and front yard in certain circumstances.(See Chapter 5‘Supplemental Use Standards, Section5.301 Accessory Buildings on Residential Lots’ and Section 6.101 Yards’). Fences –2 feet high in public open space easement, 8 feet high behind frontyard, (See Chapter 6 ‘Supplemental Use Standards Fences’for fence requirements for fences allowed for residential dwellings). Facade –Materials and appearance see Chapter 6‘Development Standards, Section6.507 Single Family Residential Design Districts’). D.Other Development Standards Developmentin the Townhouse/ Cluster (“R2”) District may be subject to a variety of general development standards in Chapter 6, and the following provisions: 1.Signs. On-premises signs subject to the following: a.An unilluminated nameplate bearing the family name ofthe occupants residing in the residence not to exceed one square foot in area. b.An unilluminated sign for those uses permitted that are not residential. The sign shall not exceed 30 square feet in area, shall be no higher than six feet above grade, and shall Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance be placed a minimum of ten feet behind the property line. Such sign shall not be placed within 20 feet of drives providing ingress and egress to the property. 2.Parking. Two spaces per dwelling unit, located behind the front building line, except for limited local streets, where four spaces shall be required, located behind the front building line.For nonresidential uses, see Chapter 6 ‘Development Standards, Article 2 Off Street parking and Loading’, Section 6.200. 3.Residential Design Standards. A site plan for residential development is required.See Chapter 6 ‘Development Standards, Section6.507 Single Family Residential Design Standards’. 4.Landscaping and Buffers. Nonresidential uses may requirelandscaping or buffers. See Chapter 6‘Development Standards, Article 3Landscaping, Buffers, and Urban Forestry’,Section 6.300. 5.Access through Residential Districts. See Chapter 6‘Development Standards, section 6.500Access through Residential Districts’. 6.Reconstruction of Nonconforming Accessory Buildings. A nonconforming accessory building that is damaged by fire, the elements, or other cause beyond the control of the owner may be repaired or reconstructed in the same rear and side yard setbacks provided the construction is limited to the identical footprint (replacement of the foundation is allowed); the building is the same design, height and roof pitch (use of different material is allowed) and the owner or an agent obtains a building permit to repair the structure within six months after the damage date.The owner shall have the burden of proof to establish the damage date. 7.Garage/Carport. No more than one garage and one carport or porte cochere shall be allowed per residential unit on a single residential lot, unless the additional garages or porte cocheres are an integral part of the main residential structure with the same roofline and driveway as the residential structure. Picture 4.27 .(Popup full image) Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 4.710 Low Density Multifamily ("CR") District A.Purpose and Intent It is the purpose of the Low DensityMultifamily (“CR”) District to provide a specific zone for low density multifamily development, the construction and maintenance thereof as required by this Ordinance, approved under given guidelines to assure compatibility with surrounding properties by acting as a buffer between one-and two-family districts and more intense multifamily and commercial districts, and such uses accessory thereto. B.Uses In the Low Density Multifamily (“CR”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5. C.Property Development Standards 1.All one-family and two-family residential development may be developed under the property development standards of a one-or two-family district or the standards of Section 6.506, Unified Residential Development. 2.All multifamily residential development(3 or more dwelling units) shall meet the property development standards of Section 6.506, Unified Residential Development and the minimum dimension of lots and yards shall be as shown in the accompanying table. “CR” District, Unified Residential Development Open Space60 percent minimum (see Chapter 6‘Development Standards, Section 6.506 Unified Residential Development’) Units per Acre 12 maximum Front Yard* 20 feet minimum Rear Yard 5 feet minimum Side Yard* Interior lot5 feet minimum Corner lot** 20 feet minimum adjacent to side street Setback adjacent to one or 30 feet minimum, depending on height (see Chapter 6‘Development two family residential district Standards, section6.506D Unified Residential Development’) Height 32 feet maximum, slab to top plate (see Chapter‘Development Standards, section6.100 Height’) Notes: *May be subject to projected front yard (Section 6.101G). ** May be subject to other front, side and rear yard setback requirements (see Chapter 6 ‘Development Standards, section6.101D Yards’). Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 3.For all nonresidential uses in the Low Density Multifamily (“CR”) District, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table. “CR” District, NonresidentialDevelopment LotWidth 50 feet minimum Front Yard* 20 feet minimum Rear Yard 5 feet minimum Side Yard* Interior lot5 feet minimum Corner lot ** 10 feet minimum adjacent to side street Height35 feet maximum (see Chapter 6 ‘Development Standards, Section 6.100 Height’) Notes: *May be subject to projected front yard (Section 6.101G). ** May be subject to other front, side and rear yard setback requirements (See Chapter 6 Development Standards, Section6.101D Yards’). COMMENTARY: Carports –not allowed in front of building line or in required yards.(Sections 6.300B and 6.101A) Fences -Up to 5 feet high in front yard and projected front yard for one-family and two-family residential dwellings per regulations in Section 5.305B.2; six-feet high in the front yard for multifamily developments subject to the Unified Residential requirements of Section 6.506 as constructed under Section 5.305B.3. (the design may include masonry columns to a maximum height of six feet, six inches); 2 feet high in public open space easement and 8 feet high behind front yard. D.Other Development Standards Development in the Low Density Multifamily (“CR”) District may be subject to a variety of general development standards, including, but not limited to: 1.Signs. For development not subject to the Unified Residential provisions of Section, 6.506 on-premises signs are subject to the following: a.An unilluminated nameplate bearing the family name of the occupants residing in the residence not to exceed one square foot in area. b.An unilluminated sign for those uses permitted that are not residential. The sign shall not exceed 30 square feet in area, shall be no higher than six feet above grade, and shall be placed a minimum of ten feet behind the property line. Such sign shall not beplaced within 20 feet of drives providing ingress and egress to the property. 2.Parking. One-and two-family residential development shall meet the parking requirements for the selected district.For multifamily and nonresidential parking requirements see Chapter 6‘Development Standards, Article 2 Off Street Parking and Loading,Section 6.200. 3.Residential Design Standards. For one-and two-family residential development, see the selected district and alsosee Chapter 6 ‘Development Standards, section6.507 Single Family Residential Design Standards’.For multifamily development, see Chapter 6 ‘Development Standards, Section6.506 Unified Residential Development’. 4.Landscaping and Buffers. Nonresidential uses may require landscaping or buffers. See Chapter 6‘Development Standards, Article 3Landscaping, Buffers, and Urban Forestry’,Section 6.300. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 4.711 Medium Density Multifamily ("C") District A.Purpose and Intent It is the purpose of the Medium Density Multifamily (“C”) District to provide a specific zone for medium density multifamily development, the construction and maintenance thereof as required by this Ordinance, approved under given guidelines to assure compatibility with surrounding properties, and such uses accessory thereto. B.Uses In the Medium Density Multifamily (“C”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5. C.Property Development Standards 1.All one-family and two-family residential development may be developed under the property development standards of a one-or two-family district or the standards of Section 6.506, Unified Residential Development. 2.All multifamily residential development (3 or more dwelling units) shall meet the property development standards of Section 6.506, Unified Residential Development and the minimum dimension of lots and yards shall be as shown in the accompanying table. “C” District, Unified Residential Development Open Space45 percent minimum (see Chapter 6‘Development Standards, Section 6.506 Unified Residential Development’) Units per Acre 18 maximum Front Yard* 20 feet minimum Rear Yard 5 feet minimum Side Yard* Interior lot5 feet minimum Corner lot ** 20 feet minimum adjacent to side street Setback adjacent to one or 30 feet minimum, depending on height (refer to ‘Development two family residential district Standards, Chapter 6.506D Unified Residential Development’) Height 32 feetmaximum, slab to top plate (see Chapter 6‘Development Standards,setion6.100 Height’) Notes: *May be subject to projected front yard (see Chapter 6 ‘Development Standards, Section6.101G Yards’). ** May be subject to other front, side and rear yard setbackrequirements (see Chapter 6‘Development Standards, section6.101D Yards’). COMMENTARY: Carports –not allowed in front of building line or in required yards.(Sections 6.300B and 6.101A) Fences -Up to 5 feet high in front yard and projected front yard for one-family and two-family residential dwellings per regulations in Section 5.305B.2; six-feet high in the front yard for multifamily developments subject to the Unified Residential requirements of Section 6.506 as constructed under Section 5.305B.3. (the design may include masonry columns to a maximum height of six feet, six inches); 2 feet high in public open space easement and 8 feet high behind front yard. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 3.For all nonresidential uses in the Medium Density Multifamily (“C”) District, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table. “C” District, Nonresidential Development LotWidth 50 feet minimum Front Yard* 20 feet minimum Rear Yard 5 feet minimum Side Yard* Interior lot5 feet minimum Corner lot ** 10 feet minimum adjacent to side street Height35 feet maximum (see Chapter 6‘Development Standards, section 6.100 Height’) Notes: *May be subject to projected front yard (see Chapter 6‘Development Standards, Section6.101GYards’). ** May be subject to other front, side and rear yard setback requirements (see Chapter 6 ‘Development Standards, Section6.101C Yards’). D.Other Development Standards Development in the Medium Density Multifamily (“C”) District is also subject to a variety of general development standards, including, but not limited to: 1.Signs. For development not subject to the Unified Residential provisions of Section 6.506, on-premises signs are subject to the following: An unilluminated nameplate bearing the family name of the occupants residing in the residence not to exceed one square foot in area. An unilluminated sign for those uses permitted that are not residential. The signshall not exceed 30 square feet in area, shall be no higher than six feet above grade, and shall be placed a minimum of ten feet behind the property line. Such sign shall not be placed within 20 feet of drives providing ingress and egress to the property. 2.Parking. One-and two-family residential development shall meet the parking requirements for the selected district.For multifamily and nonresidential parking requirements, see Chapter 6 ‘Development Standards, article 2Off Street Parking and Loading’,Section 6.200. 3.Landscaping and Buffers. Nonresidential uses may require landscaping or buffers. See Chapter 6‘Development Standards, Article 3Landscaping, Buffers, and Urban Forestry’,Section 6.300. 4.Residential Design Standards. For one-and two-family residential development, see the selected district and alsosee chapter 6 ‘Development Standards, section6.507 Single Family Residential Design Standards’.For multifamily development, see Chapter 6‘Development Standards, Section6.506 Unified Residential Development’. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 4.712 High Density Multifamily ("D") District A.Purpose and Intent It is the purpose of the High Density Multifamily (“D”) District to provide a specific zone for high density multifamily development, the construction and maintenance thereof as required by this Ordinance, approved under given guidelines to assure compatibility with surrounding properties, and such uses accessory thereto. B.Uses In the High Density Multifamily (“D”) District, no building or land shall be used and nobuilding shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5 C.Property Development Standards 1.All one-family and two-family residential development may be developed under the property development standards of a one-or two-family district or the standards of Section 6.506, Unified Residential Development. 2.All multifamily residential development (3 or more dwelling units) shall meet the property development standards of Section 6.506, Unified Residential Development and the minimum dimension of lots and yards shall be as shown in the accompanying table. “D” District, Unified Residential Development Open Space 35 percent minimum Units per Acre 24 maximum Front Yard* 20 feet minimum Rear Yard 5 feet minimum Side Yard* Interior lot5 feet minimum Corner lot** 10 feet minimum adjacent to side street Setback adjacent to one or30 feet minimum, depending on height (see Chapter 6‘Development two family residential district Standards, Section6.506D Unified Residential Development’) Height 32 feet maximum, slab to top plate (refer to ‘Development Standards, Chapter 6.100 Height’) Notes: *May be subject to projected front yard (Section 6.101G). ** May be subject to other front, side and rear yard setback requirements (See Chapter 6‘Development Standards, Section6.101D Yards’). COMMENTARY: Carports –not allowed in front ofbuilding line or in required yards.(Refer to ‘Development Standards, Chapter 6.300B Restrictions of the Use of Bufferyard and Building Setback Areas’ and ‘Chapter 6.101 Yards’). Fences -Up to 5 feet high in front yard and projected front yard for one-family and two-family residential dwellings per regulations in Section 5.305B.2; six-feet high in the front yard for multifamily developments subject to the Unified Residential requirements of Section 6.506 as constructed under Section 5.305B.3. (the design may include masonry columns to a maximum height of six feet, six inches); 2 feet high in public open space easement and 8 feet high behind front yard. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 3.For all nonresidential uses in the High Density Multifamily (“D”) District, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table. “D” District, Nonresidential Development LotWidth 50 feet minimum Front Yard* 20 feet minimum Rear Yard 5 feet minimum Side Yard* Interior lot5feet minimum Corner lot** 10 feet minimum adjacent to side street Height 35 feet maximum (referto‘Development Standards, Chapter 6.100 Height’) Notes: *May be subject to projected front yard (Section 6.101G). ** May be subject to other front, side and rear yard setback requirements (See Chapter 6‘Development Standards, Section6.101D Yards’). D.Other Development Standards Development in the High Density Multifamily (“D”) District may be subject to a variety of general development standards, including, but not limited to: 1.Signs. For development not subject to the Unified Residential provisions of Section 6.506, on-premises signs are subject to the following: a.An unilluminated nameplate bearing the family name of the occupants residing in the residence not to exceed one square foot in area. b.An unilluminated sign for those uses permitted that are not residential. The sign shall not exceed 30 square feet in area, shall be no higher than six feet above grade, and shall be placed a minimum of ten feet behind the property line. Such sign shall not be placed within 20 feet of drives providing ingress and egress to the property. 2.Parking. One-and two-family residential development shall meet the parking requirements for the selected district.For multifamily and nonresidential parking requirementssee Chapter 6‘Development Standards, Article 2Off Street Parking and Loading’, Section 6.200. 3.Landscaping and Buffers. Nonresidential uses may require landscaping or buffers. See Chapter 6‘Development Standards, Article3Landscaping, Buffers, and Urban Forestry’, Section 6.300. 4.Residential Design Standards. For one-and two-family residential development, see the selected district and see‘Chapter 6 Development Standards, Section6.507 Single Family Residential DesignStandards’ and ‘Section6.506 Unified Residential Development’. 4.713 Urban Residential ("UR") District A.Purpose and Intent. 1.Purpose. It is the purpose of the Urban Residential (“UR”) District to provide a residential density transition zone between low density single-family neighborhoods and higher density commercial areas.An additional purpose of the Urban Residential (“UR”) District is to encourage a range of housing choices within walking distance of rail transit stations and Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance mixed-use urban villages.The goal is to ensure compatibility between one-and two- family districts and more intense mixed-use districts and related uses. Urban residential neighborhoods are characterized by higher density residential structures in a highly walkableurban environment.The following building types will be found in neighborhoods with Urban Residential zoning: Apartment/Condominium, Townhouse, Manor House, and Single Family House. Maximum densities in Urban Residential (“UR”) districts are determined by the building form and compliance with other development standards included throughout the Zoning Ordinance, such as but not limited to maximum building heights and required parking.New housing in Urban Residential (“UR”) districts is between two and three stories in height, providing a density transition between low density neighborhoods and areas zoned for higher density. Enhanced landscaping in Urban Residential (“UR”) districts provides street trees to help protect pedestrians from the elements, creating more attractive and walkable neighborhoods. A mixture of housing types is present to provide architectural diversity, while shallow front setbacks frame the pedestrian environment with engaging building facades, improve visibility and safety of building entrances, and increase neighborhood vitality. 2.Intent Statements a.General Development Principles 1.Promote a pedestrian-oriented urban form.In contrast to conventional zoning standards that place a primary emphasis on the regulation of land uses, urban residential development standards and guidelines focus on promoting a walkable, urban form of development, consistent with the surrounding area’s historic urban character.The focus on form promotes buildings that conform to tested urban design principles. 2.Require excellence in the design of the public realm and of buildings that front public spaces.The most successful and memorable urban environments are those in which walking down the street is appealing. Streets, plazas, parks, and otherpublic spaces should be comfortable and inviting, and buildings fronting those spaces should be active and visually interesting at the pedestrian level. 3.Encourage creativity, architectural diversity, and exceptional design. Urban residential is intended to promote high quality design, and the development review process for urban residential projects is intended to promote flexibility. Standards and guidelines, as well as the development review process, are intended to support creativity and exceptionaldesign while discouraging uniformity. 4.Promote sustainable development that minimizes negative impacts on natural resources.Creating a walkable, higher density residential district surrounding mixed-use districts supports sustainable development by providing an alternative to low-density development in peripheral areas. In accordance with sustainable development principles, the urban residential buildings and public spaces should be designed to minimize negative impacts on air and water quality and promote innovation in environmental design. b.Building Types Permitted The following building intent statements and illustrations have been provided to demonstrate the recommended building forms in the Urban Residential (“UR”) District.All intent statements are addressed through development standards set out in Section 4.713 B, C, and D. 1.Apartment/ Condominium: The front of the building is placed on, or very close to the front property line.On corner lots, the building side facing the street is also placed on or near the side property line. The building often shares a common entrance. Primary entrances are prominent and street-facing. An elevated ground floor for residential uses is recommended to ensure privacy. Parking for an apartment/condominiumbuilding is allowed on the side or rear of the building, but the preferred method is at the rear of the building. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 2.Townhouse: A building with three or more attached dwelling units consolidated into a single structure.The front of the building is placed on, or very close to, the front property line.On corner lots, the building side facing the street is also placed on or near the side property line.A townhouse unit is more than one story in height; however, units should not be vertically mixed. Each unit has its own external entrance. Parking access via a driveway or rear alley is required. An elevated ground floor for residential uses is recommended to ensure privacy. 3.Urban Manor House: A development/building with two to five attached dwelling units consolidated in a single structure.A manor house is located on a single lot and contains common walls.Dwelling units within a building may be situated either wholly or partially over or under other dwelling units.The front of the building is placed on, or very close to, the front property line.On corner lots, the building side facing the street is also placed on or near the side property line. The building has the appearance of a conventional single-family house with a single primary entrance except that a manor house with two dwelling units (duplex) may have one primary entrance for each unit provided it meets the requirements of 4.713 D.7.e.iv. An elevated ground floor for residential uses is recommended to ensure privacy.Parking for a manor house is allowed on the side or rear of the building, but the preferred method is through traditional forms with detached garages at the rear when possible. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance 4.Single-Family House: The front of the building is placed on, or very close to, the front property line.On corner lots, the building side facing the street is also placed on or near the side property line.An elevated ground floor for residential uses is recommended to ensure privacy.Parking for a single family home is allowed on the side or rear of the building, but the preferred method is through traditional forms with detached garages at the rear when possible. B.Uses. In the Urban Residential (“UR”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a certificate of occupancy be issued, except in accordance with the use table in Chapter 4, Article 6, and the supplemental standards of Chapter 5. C.Property Development Standards. In the Urban Residential (“UR”) District, the dimension of yards, the maximum height of buildings, the maximum residential density, and the required open space shall be as follows: "UR" Urban Residential District General Yard Development Development shall be exempt from Chapter 6, article 1, Sections 6.101 Standards B., 6.101 C.,6.101 E., and 6.101 G. Front Yard 20 feet maximum A. 20 feet minimum setback for the primary structure Rear Yard Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance B. 5 feet minimum setback for an accessory structure unless an alley is provided, in which case there is no minimum Setbacks are required when an abutting property with an existing building has windows facing to the side. Any new development or Side Yard addition shall provide at least ten (10) feet of separation between the existing and new buildings Building Height Two (2) stories consisting of a minimum of 17 feet;35 feet maximum Maximum units per acre none Note:Development in the Urban Residential (“UR”) District is exempt from Section 6.100, “Height”. Building height for all uses shall be measured from the top of the finished slab at grade level to the top of the highest wall top plate. An unroofed and unenclosed rooftop terrace, and the enclosed stairwell or elevator providing access to the terrace, shall not be included in the measurement of total building height. D.Other Development Standards. Development in the Urban Residential (“UR”) District shall be subject to the applicable development standardsin Chapter 6, and the following provisions: 1.Off-street parking and loading . The following table establishes the required parking for the allowed building types in the Urban Residential (“UR”) District.All other applicable requirements and applicable nonresidential use requirements included in Chapter 6, Article 2 apply. a.Parking Table: Building Type/UseRequirement 2 parking spaces located behind the front of the building line per Single Family (UR) dwelling unit. 2 parking spaces per dwelling unit are required at the rear of the Townhouse (UR) primary structure and accessed via a driveway or rear alley. 2 spaces per dwelling unit plus 1 space per bedroom over three Manor House (duplex)(3) bedrooms per dwelling unit all located behind the front building line Manor House (apartment) and 0.75 to 1 off-street spaces required per bedroom, located Apartment Condominiumbehind the front building line* plus 1 space per 250 square feet of common areas, offices and recreation (less laundry rooms and storage). On-street parking along the lot frontage If the development is within 1,000 feet of a rail transit station 0.5 may be applied toward the minimum to 1 off-street spaces required per bedroom, located behind parking requirements, but shall not front building line* plus 1 space per 250 square feet of common reduce the applicable maximum parking areas, offices and recreation (less laundry rooms and storage). limitations, *All partial spaces are rounded up. b.The required off-street parking may be located off premises, on property within 500 feet of the subject site within a structured parking garage. c.Surface parking shall not be permitted between a building front and the street. Residential uses locally designated as either Historic or Cultural Landmark (“HC”) or Highly Significant Endangered (“HSE”) shall be exempt from off-street parking requirements. 2.Landscaping and buffers .See Chapter 6 “Development Standards”, Article 3 “Landscaping, Buffers and Urban Forestry” provided however, the following provisions shall apply in the Urban Residential (“UR”) District: a.Bufferyard. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance i.A bufferyard is not required between the boundary of a one-or two-family development within the Urban Residential (“UR”) District and an adjacent one-or two-family district. ii.Multi-family development within the Urban Residential (“UR”) District shall have a five (5) foot bufferyard. b.Enhanced landscaping point system requirements. Enhanced landscaping must earn a minimum of 30 points (20 points in urban single-family house and urban manor houses with two (2) units) that are awarded for providing and maintaining specific landscaping and design features.The points are accumulated as follows: Enhanced Landscaping Point System 30 points required (20 points in single-family houses and urban manor houses with two (2) units Points FeatureRequirement or example items Awarded 5% of net land area. Plaza shall be continuous w/ minimum Plaza area not less than 1,000 sq. ft. If 5% of net area is greater 15 then 2,000 square feet, multiple plazas are permitted. 5% of net land area w/ minimum area not less than 1,000 sq. Playground 15 ft. 1 pt for every 250 sq. ft. w/ minimum area not less than 1,000 Community Garden 5-15 sq. ft. Arcades, structural awnings, galleries, 50% of facade facing primary street or 25 linear ft. whichever balconies or other 10 is greater. 4 ft minimum depth. approved pedestrian shelter Single family front porch 50% of facade facing primary street10 Each 50 ftsegment of street frontage is required to have 2 streetscaping items. Items include but are not limited to Enhanced streetscaping 10 benches, trash receptacles, bike racks, and planters using materials appropriate for the adjacent street and approved by the Transportation and Public Works Department. 1 light post every 60 ft of street frontage; style approved by Pedestrian-scaled lighting the Transportation and Public Works Department and 10 consistent with other pedestrian lights on the same block. Programmed recreation 3% of net land area. Programmed recreation areas include area (buildings with 3 or but are not limited to chess parks, bocce ball courts, and 10 more units) exercise yoga facilities As approved by the Planning and Development Director or designee. Public art installations include but are not limited to pieces of sculpture, murals, and water features plannedand Public art installation 10 executed with the specific intention of being sited or staged in the physical public domain. Outside and accessible to all. Materials used are durable and resistant to graffitti and weather. Required spacing: Street trees Small/Medium Canopy 25 -30 ft 10 Large Canopy 35 -40 ft Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance Window awnings, shallow door canopies, or other 25% of facade facing primary street or 15 linear ft, whichever facade features that are not is greater. Multiple features (i.e. awnings) may add up to the 5 intended to provide required amount. pedestrian shelter (less then 4 ft in depth) Programmed sitting area/public outdoor dining Minimum 15 seats5 area Proximity to a public park Within 500 ft5 Xeriscaping, on-site stormwater management, rain gardens, Sustainable landscaping 5 bio-swales, etc. Rooftop terrace Minimum 200 sq. ft.5 Paved walkway 1 pt for every additional foot ofsidewalk width over the City 1-11 enhancement standard (up to a 15 ft wide sidewalk total) i.Points shall be awarded only once for each feature category, per project ii.Submittal of Landscape Plan.The location and description of enhanced landscaping features, decorative paving, sidewalk furniture or other decorative elements, shall be indicated on the landscape plan. iii.Landscape area required.Section 6.301.H “Landscape Area Required” does not apply to developments in the Urban Residential (“UR”) District except; a)Section 6.301.H.1.b; b)Section 6.301.H.1.d; and c)When there is a front yard setback of at least five feet, front yard landscaping is required for areas outside of ground level patios, parkways and pedestrian walkways. Front yard landscaping must adhere to the shrub and native plants as listed in Table 6.8, Table A of Section 6.301.H. as well as other applicable regulations described or referenced within the UR regulations. iv.Irrigation.An irrigation system shall be installed to provide total water coverage to all plant materials installed pursuant to this Section 6.301.I “Irrigation” for developments with more than three dwelling units. v.Miscellaneous Requirements.In addition to required trees and shrubs, all of the required landscapearea must be covered with grass, organic mulch, live groundcover, decorative paving, sidewalk furniture or other decorative elements. c.Landscaping in parking and driveway areas. i.Landscape islands or linear landscaping strips shall be required in parking lots with 12 or more parking spaces. All landscaped islands shall have at least one tree. ii.Every parking space is required to be not more than 60 feet from a large canopy tree planted within a median, strip or island measured from the trunk at planting. iii.Required size of landscape islands containing trees: a)Within parking lots with porous surfaces:130 square feet. b)Planted in Structural Soil:65 square feet.The use of an approved structural soil shall be limited to landscape islands and adjacent walkways and parking areas necessary for proper tree growth.Structural soils shall not be used for fire lanes in parking lots. c)Within parking lots with approved porous surfaces for parking areas excluding fire lanes:16 square feet.Tree trunks should be protected by wheel stops or other physical barriers excluding curbs. d)Linear landscaping strips are encouraged in lieu of landscaping islands where possible. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance iv.Parking lots shall be screened from the public right-of-way with landscaping, berms, fences or walls 36 to 42 inches in height. 3.Signs. a.On premise signs on single family houses, manor houses with two dwelling units and townhouses are limited to one unilluminated nameplate per unit bearing the family name of the occupants residing in the residence not to exceed one square foot in area. b.For apartment/condominium and manor homes containing more than two dwelling units, attached identification signs shall be permitted, subject to the following provisions: i.Attachedsigns shall be permitted to identify the name of the property upon which displayed. ii.A sign or combination of signs shall have a maximum allowable area of exposure on each dedicated street frontage of not more than one square foot of sign area for eachten linear feet of frontage along said street; provided, however, at least one sign shall be allowed having an area of 12 square feet. iii.Signs may be illuminated, but the source of light shall not be visible. c.An unilluminated sign for those uses permitted that are not residential is allowed. The sign shall not exceed 30 square feet in area, shall be no higher than six feet above grade, and shall be placed a minimum of ten feet behind the property line. Such sign shall not be placed within 20 feet ofdrives providing ingress and egress to the property. 4.Residential design standards .Multifamily developments are exempt from the requirements of Section 6.506. “UnifiedResidential Development”. 5.Entrances .In order to create a pedestrian-oriented environment in which buildings are oriented toward publicly accessible streets and sidewalks, a principal building must have its main entrance from a public sidewalk or plaza, or from a private sidewalk or plaza that is publicly accessible through a public use easement recorded in the real property records of the county. The main entrance shall not be from a parking lot.Secondary entrances from parking lots are permitted. Interior buildings constructed as part of a campus development are exempt from these requirements. 6.Fences and gates .In order to promote pedestrian-oriented developments, exterior security fences and gates that are located along public streets, along private streets or walkways that are publicly accessible through a public use easement recorded in the real property records, or along publicly accessible open space shall not extend beyond building facades; fences shall not be located in the area between building facades and the property line.Fences not exceeding four feet in height, however, may extend beyond the building facade of attached or detached single family house or townhouse developments in the Urban Residential District (see Section 5.305.B.2. for fence development standards). 7.Facade design standards for new construction . a.Projects that clearly conform to all façade design standards may be approved administratively by the Planning and Development Director or designee.A waiver from the façade design standards in the Urban Residential (“UR”) District may be granted by the Urban Design Commission (UDC) in accordance with the applicable development principles and standards. b.Required drawings.To illustrate compliance with the following standards, elevation drawings shall be submitted to the Planning and Development Department for those building facades that are oriented to: i.Public streets; ii.Private streets and walkways that are publicly accessible through a public use easement; or iii.Publicly accessible open space. c.Facade variation. i.Scaling Elements:Each new building facade oriented to a publicly accessible street or open space shall at a minimum incorporate three or more of the Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance following four scaling elements for building facades greater than 50 feet in width, and at least two of the following scalingelements for building facades less than 50 feet in width: a)Expression of building structural elements such as: 1)Floors (banding, belt courses, etc. not less than one inch deep and four inches wide), 2)Columns (pilasters, piers, quoins, etc. not lessthan four inches deep and six inches wide), or 3)Foundation (water tables, rustication); b)Variation in wall plane (not less than four inches) through the use of projecting and recessed elements. Such elements could include patterns of door and window openings (and the use of sills, mullions, and other scale providing window elements), and/or more pronounced architectural features, such as porches, alcoves, and roof dormers; c)Changes in material or material pattern. Each change of material shall involve a minimum one-inch variation in wall plane; and d)Noticeable changes in color or shade. ii.New buildings facades oriented to a publicly accessible street or open space shall include differentiation between the first or second level and the upper levels with a cornice, canopy, balcony, arcade, or other architectural feature. iii.If a project consists of more than one block face, each sequential block of new construction shall contain a different building facade to encourage architectural variety within large projects, using the required architectural elements listed in Section a.i. above and/or other architectural features. iv.New multifamily residential building facades oriented to a publicly accessible street or open space shall include at least two variations in wall plane per 100 linear feet of street frontage. Variations shall be not less than three feet in depth or projection and not less than two stories in height for multi-story buildings. d.Building materials.Not less than 70 percent ofall new building facades (not including door and window areas) facing publicly accessible streets or open space shall be constructed of the following masonry materials: stone, brick, terra cotta, patterned pre-cast concrete, cement board siding, cast stone or prefabricated brick panels. e.Building entries. i.Building entrances shall incorporate arcades, roofs, porches, alcoves or awnings that protect pedestrians from the sun and rain. ii.Primary entrances shall be provided at intervals not to exceed 125 linear feet of street-oriented residential building frontage. iii.Townhouses and other similar street level dwelling units within multi-unit structures shall have individual street-oriented entries for each unit. iv.Manor Houses shall have a singleprimary entrance provided however, that a manor house with two dwelling units (duplex) may have one primary entrance for each unit.Each primary entrance must be provided under a shared porch or one of the entrances must be accessed from a side façade ofthe structure. E.Administrative review requirements. Conceptual site plan.In order to facilitate compliance with the Urban Residential development standards, a conceptual site plan shall be submitted to the Planning and Development Department for administrative review prior to submittal of permit applications for new construction projects. The site plan shall show the anticipated location of proposed streets, sidewalks and walkways, building footprints, parking areas, landscaped areas and features, andopen space. Chapter 4 District RegulationsCity of Fort Worth Zoning Ordinance Article 8. NonResidential District Use Table 4.800 Allowed Uses The table on the following pages sets forth the uses permitted within the nonresidential districts. 4.801 Key to Table Designations A.Permitted Uses(P) A “P” in a cell indicates that a use is allowed by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this Zoning Ordinance.A “P*” in any cell means that supplemental use standards apply (Refer to ‘Supplemental Use Standards, Chapter 500 Standards for Selected Uses’).The specific section number of the standard is noted in the right-hand column, titled “Supplemental Standards”. B.Special Exception Uses(SE) An “SE” in a cell indicates that a use is allowed only if reviewed and approved as a special exception use, in accordance with the review procedures of Chapter 3.Article 3.An “SE*” in any cell means that supplemental use standards apply (Refer to ‘Supplemental Use Standards, Chapter 5.00 Standards for Selected Uses’). The specific section number of the standard is noted in the right-hand column, titled “Supplemental Standards”. C.Uses Not Allowed An empty cell indicates that a use is not allowed in the respective zoning district. D.Supplemental Use Standards(*) Thenumbers contained in the right-hand column of the table are references to additional standards and requirements that may apply to the use listed. Standards referenced in this column apply only in zoning districts where the designation includes a “*”. E.Use Also Included on Residential District Use Table(<<) The “«” symbol in the second column from the right indicates this use can also be found in the Residential District Use Table in Article 6. 4.802 Unlisted Uses Additional uses have been interpreted as part of or similar to many of the uses listed in the table.The full list of such uses is included in Appendix C, Use Index.If a use is not listed, then the Board of Adjustment shall, upon the request of any interested party and pursuant to the procedures set forth in Chapter 3, Article 2, make a determination within which district, if any, a proposed use is allowed. All uses may be permitted through PD approval by City Council. In Res. Supple-mental NONRESIDENTIAL USESER EFRFGHIJKAGCFO-1O-2PD TableStandards P Center, community recreation or welfarePPPPPPPPPPPP<< Center, community recreation or welfare, P PPPPPPPPPPPP<< private or non-profit P Country club (private)PPPPPPPPPPSESE<< Recreation P Country club (public)PSESE Golf coursePPPPPPPPPPP<< Golf driving rangePPPPPPPPPP Park or playground (public or private)PPPPPPPPSEPPP*<<4.204.D P Place of worshipPPPPPPPPPP<< Religious SE Place of worship auxilliary useSESESESEPPPPSEP SE Electric power substationSESESESESESEPPPSESESE<< Ch. 15, Gas City P* Gas lift compressor stationsP*P*P*P*P*P*P*P*P*P* Code, 5.140 Ch. 15, Gas City SE* Gas line compressor stationsSE*SE*SE*SE*SE*P*P*P*SE*SE* Code, 5.140 Power plant or central station lightPPPSE SE* Stealth Telecommunications Towers P*P*P*P*P*P*P*P*SE*SE*SE*SE*<<5.137 Utilities Telecommunications antenna (on P* P*P*P*P*P*P*P*P*P*P*SE*SE*<<5.136 structure) SE* Telecommunications towerSE*SE*SE*P*P*P*P*SE*SE*SE*SE*<<5.137 SE* Utility transmission or distribution lineSE*SE*SE*SE*SE*P*P*P*P*SE*SE*SE*<<5.140 Wastewater (sewage) treatment facilityPPPSE SE Water supply, treatment or storage facilitySESESESESEPPPPP<< Amusement, indoorPPPPPPPP Amusement, outdoorPPPPPPPSE Baseball/softball facility (commercial)PPP Bowling alleyPPPPPPP Bar, tavern, cocktail lounge; club, private PPPPPP Entertainment or teen and Eating CircusPPSE Club, commercial or businessPPPPPPP SE Drive-in restaurant or businessP*P*P*P*P*P*P*P*5.112 Gambling facility (including bingo)PD P Health or recreation clubPPPPPPPP In Res. Supple-mental NONRESIDENTIAL USESER EFRFGHIJKAGCFO-1O-2PD TableStandards Indoor recreationPPPPPPP Lodge or civic clubPPPPPPPPSE Massage parlorPPPPPP P Museum/cultural facilityPPPPPPPPP Racing; horse, dog or automotivePD*4.305C SE Restaurant, café, cafeteriaPPPPPPPPSEChap 9, Rest. Entertainment Sexually oriented businessP*P*P*5.200 and Eating Shooting or weapons firing rangePD*4.305C Stable, commercial, riding, boarding or P*P*P*SE5.132 rodeo arena Swimming pool, commercialP*P*P*P*P*P*P*P*SE5.135 Theater, drive-inSESESESESEPPPSE Theater, movie theater or auditoriumP*PPPPPPP5.138 P Bed and breakfast innPPPPPPPP<< Lodging Hotel, motel or innP*P*P*PP*P*P*5.116 Recreational vehicle parkP*P*P*P*P*P*P*SE*5.129 P or Bank, financial institutionPPPPPPPPSE if drive-thru SE* Office P OfficesPPPPPPPPSE P Antique shopPPPPPPPP P Appliance, sales, supply or repairP*P*P*P*P*P*P*P*5.134 BakeryPPPPPPPP P Barber or beauty shopPPPPPPPP Boat rental or salesPPPPPPPPP P Book, stationary stores or newstandPPPPPPPP P Burglar alarm sales and servicePPPPPPPP Business college or commercial schoolPPPPPPPP Retail sales and P Caterer or wedding servicePPPPPPPP service P Clothing/wearing apparel sales, newP*P*P*P*P*P*P*P*5.134 P Clothing/wearing apparel sales, usedP*P*P*P*P*P*P*P*5.134 Convenience storePPPPPPPP Copy store or commercial print without off- P PPPPPPPP set printing Dance studioPPPPPPPP P Dressmaking, custom; millinery shopPPPPPPPP P Duplicating servicesPP*P*P*P*PPP5.126 In Res. Supple-mental NONRESIDENTIAL USESER EFRFGHIJKAGCFO-1O-2PD TableStandards Veterinary clinic w/indoor kennelsP*P*P*P*P*P*PP5.142 Retail sales and service Veterinary clinic w/outdoor kennelsP*P*P*5.142 Auto parts supply, retailPPPPPPP Automotive repair; paint and body shopP*P*P*P*P*P*P*5.104 Car wash, full or self serviceSESESESEP*P*P*5.108 Gasoline salesPPPPPPPP Mobile home or manufactured housing PPP sales Parking area or garage, storage P* P*P*P*P*P*P*P*P*P*SE<<6.202F commercial or auxiliary Vehicle Sales & Service Recreational vehicle (RV) sales/servicePPP Service stationP*P*P*P*PPP Towing yard with officePPP Truck stop w/fuel & accessory servicesPPP Vehicle junkyardSE*SE*5.141 Vehicle sales or rental; including PPPPPPP automobiles, motorcycles, boats or trailors Vehicle steam cleaningPPP Light Industrial AssayingP*P*P5.103 Assembly of pre-manufactured parts, except for vehicles, trailers, airplanes or PPP mobile homes Blacksmithing or wagon shopPPP Bottling works, milk or soft drinksPPP Carpet and rug cleaningPPP Chicken battery or brooderPP Light Industrial Coal, coke or wood yardPPP Services CrematoriumPPP ElectroplatingPPP Fabricating or manufactured housing, PPP temporary or office building Food processing (no slaughtering)PPP Furniture or cabinet repair or constructionPPP Furniture sales, with outside PPP storage/display (new/used) In Res. Supple-mental NONRESIDENTIAL USESER EFRFGHIJKAGCFO-1O-2PD TableStandards Cement, lime, gypsum, or plaster of paris manufacture Cotton gin, cotton oil mill, bailing or P compress Creosite, treatment/manufacture Egg cracking or processingP Furnace, blast; forge plant, boiler works P manufacture Galvanizing, sheet or structural shapesP Gas (natural or artificial) manufacture P processing/storage Glue manufactureP Grain elevatorPP Magnesium casting, machining or P fabricating Manufacture of acetylene or oxygen gas, alcohol, computers and related electronic Heavy Industrial products, airplanes, automobiles, trucks Manufacturing and tractors (including assembly plants), ball or roller bearings, steel tanks, P candles & celluloid, cash registers, cutlery, disinfectants, dextrin, dyestuff, electrical machinery, farm tools, type writers and vinegar Manufacture of basket material, bicycles, boots, boxes other than paper, caskets, PP shoes Manufacture of dyes, cores, die-casting PP molds Manufacture, processing/production of PD hazardous chemicals Metal castingP*P*5.121 Metal foundry plant or fabrication plantP*5.122 Metal smelting, reclamation or ore PD reduction Metal stamping, dying, shearing or P*P5.123 punching In Res. Supple-mental NONRESIDENTIAL USESER EFRFGHIJKAGCFO-1O-2PD TableStandards Mill, feed or flourP Mining quarry, dredging or excavation of PD* 4.305D rock, dirt, gravel, sand, stone Packing plantPD Paper or pulp manufacturePD Petroleum, refining or wholesale storagePD Planing mill or woodworking shopPP Poultry killing or dressingPP Heavy Industrial Rock cement crushers & stone quarryPD Manufacturing Rolling millPD Soap manufactureP Soda or compound manufactureP Stoneyard, building stone, cutting, sawing P or storage Tar distillation/manufacturingP Tobacco (chewing) manufacture or P treatment Welding shopP Airport, aviation field, helistop or landing SE SESESESESESESESESESESE area Passenger stationPPPPPPP Railroad freight or classification yardPP Transportation Railroad roundhouse or RR car repair PPP shop Railroad tracks; team, spur, loading or PPP storage Terminal; truck, freight, rail or waterP*PP5.139 Landfill, recycling center, household PD*4.305D hazardous waste or waste tire facility Pet cemetaryPD Waste Related Recycling collection facilitySE*SE*SE*SE*SE*P*P*P*5.130 Salvage yard (other than automotive)PD Wholesale: bakery, produce market or PPP wholesale house Wholesale Trade Wholesale office or sample roomPPPP In Res. Supple-mental NONRESIDENTIAL USESER EFRFGHIJKAGCFO-1O-2PD TableStandards OTHER USES Agricultural usesP*P*P*5.307 Stockyards or feeding pens (commercial)P*5.307 Fresh Water Fracture Ponds & Ch. 15, Gas City P*P*P*P* Agriculture ProductionCode Ch. 15, Gas City P* Gas Drilling & ProductionP*P*P*P*P*P*P*P*P*P*<< Code Ch. 15, Gas City Oil Drilling & ProductionPD* Code Accessory use or buildingP*5.302 P* Satellite antenna (dish)P*P*P*P*P*PPPPP*PD*<<5.304 Accessory Uses Stable, stockyards or feeding pens P*5.307 (noncommercial) Storage or display outsideP*P*P*P*P*PPPPD*5.306 SE* Amusement, outdoor (temporary)SE*SE*SE*SE*SE*PPPPSE*SE*SE*SE*<<5.400 Batch plant, concrete or asphalt SE* SE*SE*SE*SE*SE*PPPSE*SE*SE*<<5.401 (temporary) Residence for security purposes, SE*SE*SE*SE*SE*SE*SE*SE*5.404 temporary Trailer, portable; sales, construction or P PPPPPPPPPP<< storage P* Vendor, door-to-doorP*P*P*P*P*P*P*P*P*P*<<5.406 Vendor, Food, Non-Potentially Hazardous Temporary Uses P* P*P*P*P*P*P*P*P*P*P*5.406 Food Vendor, Food, Potentially Hazardous P*P*P*P*P*P*P*P*P*5.406 Food Vendor, MerchandiseP*P*P*P*P*5.406 Vendor, TransientP*P*P*P*P*<<9.101 Vendor, Transient, Non-Potentially P* P*P*P*P*P*P*P*P*P*P*5.406 Hazardous Food Vendor, Transient, Potentially Hazardous P*P*P*P*P*P*P*P*P*5.406 Food Article 9. Commercial Districts 4.900 Neighborhood Commercial Restricted ("ER") District A.Purpose and Intent The purpose of the Neighborhood Commercial Restricted (“ER”) District is to provide areas for neighborhood serving limited commercial, institutional and office uses.Alcoholic beverage sales are prohibited. B.Uses In the Neighborhood Commercial Restricted (“ER”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5. 1.Limitations on Commercial Development in “ER” District. The sale of alcoholic beverages shall not be permitted in the “ER” District. All business shall be conducted wholly within an enclosed building. No drive-in or curb services shall be permitted unless approved through Special Exception. C.Property Development Standards The minimum dimension of lots and yards and the height of buildings in the Neighborhood Commercial Restricted (“ER”) District, shall be as shown in the accompanying table. Neighborhood Commercial Restricted (“ER”) District Business/Tenant Size 5,000 square feet maximum gross floor area per tenant. Exterior entrances are required for each tenant. Special Exception required for each business in excess of 5,000 square feet. Building Size 10,000 square feet maximum gross floor area. Special Exception required for building in excess of 10,000 square feet. Building Lot Coverage 30% maximum Front Yard*20 feet minimum Rear Yard *5 feet minimum, however where a residential supplemental setback Adjacent to A or B Residential applies and the building exceeds 20 feet in height, the building setback Districtmust equal the height of the building. Adjacent to All OtherDistricts5 feet minimum Side Yard* Interior lot 5 feet minimum adjacent to residentially zoned lot; none otherwise.If Adjacent to A or B Residential provided, side yard must be 3 feet minimum. However where the District building exceeds 20 feet in height and a residential supplemental setback applies, the building setback must equal to the height of the building. Adjacent to All Other Districts 5 feet minimum Corner lot**None required unless through lot, then 10 feet minimum required Height 35 feet maximum, For any part of a building that exceeds 20 feet in height and a residential supplemental setback applies per Section 6.300, the building setback must equal the height of the building. See Section 6.100. Notes:* Additional setback may be required (see Chapter 6‘Development Standards, section6.300 Bufferyard and Supplemental Building Setback’). ** May be subject to projected front yard (Section 6.101F) D.Other Development Standards Development in the Neighborhood Commercial Restricted (“ER”) District may be subject to a variety of general development standards in Chapter 6, and the following provisions: 1.Off-Street Parking and Loading. For further details, other uses, and loading areassee Chapter 6 ‘Development Standards, Article 2Off Street Parking and Loading’, Section 6.200. Limitedto passenger automobiles only. The restrictions in Section 6.202F shall apply to all auxiliary parking. a.Parking shall not be permitted in the required front yard (setback) if the required front yard of the building faces any portion of a required front yard of an A or B residential district or the front yard of the building is adjacent to the front yard of an A or B residential district. The remainder of the yard must be landscaped. b.Retail buildings require one space per 250 square feet.Office or professional buildings require one space per 400 square feet.A curb or bumper shall be placed along the perimeter of the parking area to prevent vehicles from extending into the required front yard, into an abutting alley, beyond the property line, or from damaging the walls or shrubs screening it from residential property. The required front yard shall not be graveled or hard-surfaced, but shall be maintained as open or landscaped green space. A sidewalk shall be constructed to City specifications abutting the front line of the parking lot and between the lot and the property line of the nearest intersecting commercial street. 2.Landscaping and Buffers adjacent to A or B Residential Zoning District. Screening trees must be provided within the buffer area along the property line adjacent to an A or B district.Trees must be spaced no more than 25 feet apart.50% of these trees must be evergreen. A minimum six foot screening fence is required along the property line adjacent to an A or B district.Allowed screening fence materials are limited to masonry or wrought iron fence with landscape screening; smooth concrete, wood, vinyl or metal fences are not permissible types.See Chapter 6, Development Standards, Article 3. 3.Signs. See Chapter 6 ‘Development Standards,Section6.400 Signs’) No freestanding or roof signs are permitted. Signs shall be fastened flat against the wall. No sign shall be illuminated. The sign shall cover no more than 15 percent of the area of the wall or facade, including doors and windows,on which the sign is placed, and shall not extend above the roof line or parapet wall of the building. 4.Metal Buildings. The exterior metal walls of the front and any sides of a building facing a public street that will be constructed with metal cladding as the primary siding material shall not be constructed with exposed fasteners on more than fifty (50%) percent of the building. All buildings with metal siding shall have at least two exterior architectural features for articulation, such as front porches, gables, awnings, or other exterior siding materials. Each metal siding shall not be considered an architectural feature. These features shall not apply toLarge Retail Stores. 4.901 Neighborhood Commercial ("E") District A.Purpose and Intent The purpose of the Neighborhood Commercial (“E”) District is to provide areas for neighborhood- serving commercial, institutional and office uses. B.Uses In the Neighborhood Commercial (“E”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5. 1. Limitations on Commercial Development in “E” District. a. Retail stores with a footprint exceeding 60,000 square feet are prohibited. C.Property Development Standards The minimum dimension of lots and yards and the height of buildings in the Neighborhood Commercial (“E”) District shall be as shown in the accompanying table. Neighborhood Commercial, “E” District Front Yard *20 feet minimum Rear Yard* 10 feet minimum unless adjacent to residential district, where 15 feet minimum required Side Yard * 5 feet minimum adjacent to residentially zoned lot, none otherwise.If Interior lot provided, side yard must be 3 feet minimum Corner lot**None required unless through lot, then 10 feet minimum required Height 3 stories or 45 feet maximum provided, however, Stealth Telecommunication Towersare permitted to a height of 60 feet.The Urban Design Commission must approve the design of all Stealth Telecommunication Towers.Telecommunication Towers are permitted to a height of 45 feet as a Special Exception approved by the Board of Adjustment. Notes: * Additional setback may be required see‘Chapter 6 Development Standards, Section6.300 Bufferyard and Supplemental Building Setback’.**May be subject to projected front yard (Section 6.101G) D.Other Development Standards Development in the Neighborhood Commercial (“E”) District may be subject to a variety of general development standards, including, but not limited to: 1.Off-Street Parking and Loading. Commercial buildings require one space per 250 square feet.Office or professional buildings require one space per 400 square feet. Restaurants require one space per 100 Square Feet of gross floor area.For further details, other uses, and loading areassee Chapter 6‘Development Standards, Article 2 Off Street Parking and Loading’, Section 6.200. 2.Landscaping and Buffers. Generally, ten percent of net site area.See Chapter 6 ‘Development Standards, Article 3Landscaping, Buffers, and Urban Forestry’, Section 6.300. 3.Signs. SeeChapter 6 ‘Development Standards, Section6.400 Signs’. 4.Outdoor Storage or Display. Limited outdoor storage or display may be permitted.See Chapter 5‘Supplemental Use Standards, Section5.306 Storage or Display in Commercial Districts, Outdoor’. 5.Metal Buildings. The exterior metal walls of the front and any sides of a building facing a public street that will be constructed with metal cladding as the primary siding material shall not be constructed with exposed fasteners on more than fifty (50%) percent of the building. All buildings with metal siding shall have at least two exterior architectural features for articulation, such as front porches, gables, awnings, or other exterior siding materials. Exterior metal siding shall not be considered an architectural feature. These provisions shall not apply to Large Retail Stores. 6. 4.902General Commercial Restricted ("FR") District A.Purpose and Intent The purpose of the General Commercial Restricted (“FR”) District is to provide for commercial uses intended to serve the entire community. Alcoholic beverage sales are prohibited. B.Uses In the General Commercial Restricted (“FR”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5.The sale of alcoholic beverages shall not be permitted in the “FR” District. C.Property Development Standards The minimum dimension of lots and yards and the height ofbuildings in the General Commercial Restricted (“FR”) District, shall be as shown in the accompanying table. General Commercial Restricted (“FR”) District Front Yard* None required if entire block frontage is zoned “FR” through “K”; if the block frontage contains a residential district or the “ER” or “E” District, the most restrictive district standards apply. Rear Yard* 10 feet minimum unless adjacent to residential district, where 15 feet minimum required Side Yard * 5 feet minimum adjacent to residentially zoned lot, none otherwise.If Interior lot provided, side yard must be 3 feet minimum Corner lot*None required unless through lot, then 10 feet minimum required Height3 stories or 45 feet maximum provided, however, Stealth Telecommunication Towers are permitted to a height of 60 feet.The Urban Design Commission must approve the design of all Stealth Telecommunication Towers.Telecommunication Towers are permitted to a height of 45 feet as a Special Exception approved by the Board of Adjustment. Notes: * Additional setback may be required by (Sections6.101Cor6.300). **May be subject to projected front yard (Section6.101G) D.Other Development Standards Development in the General Commercial Restricted (“FR”) District may be subject to a variety of general development standards, including, but not limited to: 1.Off-Street Parking and Loading. Commercial buildings require one space per 250 square feet.Office or professional buildings require one space per 400 square feet of gross floor area.Restaurants require one space per 100 square feet of gross floor area. For further details, other uses, and loading areas see Chapter 6 ‘Development Standards, Article 2Off Street Parking and Loading’, Section 6.200. 2.Landscaping and Buffers. Generally, ten percent of net site area.See Chapter 6 ‘Development Standards, Article 3Landscaping, Buffers, and Urban Forestry’Section 6.300. 3.Signs. See Chapter 6‘Development Standards, Section6.400 Signs’. 4.Outdoor Storage or Display. Limited outdoor storage or display may be permitted.See ‘Chapter 5 Supplemental Use Standards, Section5.306 Storage or Display in Commercial Districts, Outdoor’. 5.Metal Buildings . The exterior metal walls of the front and any sides of a building facing a public street that will be constructed with metal cladding as the primary siding material shall not be constructed with exposed fasteners on more than fifty (50%) percent of the building. All buildings with metal siding shall have at least two exterior architectural features for articulation, such as front porches, gables, awnings, or other exterior siding materials. Exterior metal siding shall not be considered an architectural feature. These provisions shall not apply to Large Retail Stores. 4.903General Commercial ("F") District A.Purpose and Intent The purpose of the General Commercial (“F”) District is to provide for commercial uses intended to serve the entire community. B.Uses In the General Commercial (“F”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5. C.Property Development Standards The minimum dimension of lots and yards and the height of buildings in the General Commercial (“F”) District, shall be as shown in the accompanying table. General Commercial (“F”) District Front Yard *None required if entire block frontage is zoned “FR” through “K”; if the block frontage contains a residential district or the “ER” or “E” District, the most restrictive district standards apply. Rear Yard *10 feet minimum unless adjacent to residential district, where 15 feet minimum required Side Yard* 5 feet minimum adjacent to residentially zoned lot, none otherwise.If Interior lot provided, side yard must be 3 feet minimum. Corner lot**None required unless through lot, then 10 feet minimum required Height 3 stories or 45 feet maximum provided, however, Stealth Telecommunication Towers are permitted to a height of 60 feet.The Urban Design Commission must approve the design of all Stealth Telecommunication Towers.Telecommunication Towers are permitted to a height of 45 feet as a Special Exception approved by the Board of Adjustment. Notes:* Additional setback may be required by Sections 6.101C or 6.300.**May be subject to projected front yard (Section 6.101G) D.Other Development Standards Development in the General Commercial (“F”) District may be subject to a variety of general development standards, including, but not limited to: 1.Off-Street Parking and Loading. Commercial buildings requireone space per 250 square feetOffice or professional buildings require one space per 400 square feet of gross floor area.Restaurants require one space per 100 square feet of gross floor area. For further details, other uses, and loading areassee Chapter 6 ‘Development Standards, Article 2 Off Street Parking and Loading’, Section 6.200. 2.Landscaping and Buffers. Generally, ten percent of net site area.See Chapter 6 ‘Development Standards, Article 3Landscaping, Buffers, and Urban Forestry’Section 6.300. 3.Signs. See Chapter 6‘Development Standards, Section 6.400Signs’. 4.Outdoor Storage or Display. Limited outdoor storage or display may be permitted.See Chapter 5‘Supplemental Use Standards, Section5.306 Storage or Display in Commercial Districts, Outdoor’. 5.Metal Buildings . The exterior metal building walls of the front and any sides of a building facing a public street that will be constructed with metal cladding as the primary siding material shall not be constructed with exposed fasteners on more than fifty (50%) percent of the building. All buildings with metal siding shall have at least two exterior architectural features for articulation, such as front porches, gables, awnings, or other exterior siding materials. Exterior metal siding shall not be considered an architectural feature. These provisions shall not apply to large Retail Stores. 4.904Intensive Commercial ("G") District A.Purpose and Intent The purpose of the Intensive Commercial (“G”) District is to provide for a wide range of intensive commercial, institutional and office uses intended to serve the entire community. B.Uses In the Intensive Commercial (“G”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5. C.Property Development Standards The minimum dimension of lots and yards and the height of buildings in the Intensive Commercial (“G”) District, shall beas shown in the accompanying table. Intensive Commercial (“G”) District Front Yard* None required if entire block frontage is zoned “FR” through “K”; if the block frontage contains a residential district or the “ER” or “E” District, the most restrictive district standards apply. Rear Yard *10 feet minimum Side Yard* 5 feet minimum adjacent to residential district, none otherwise.If Interior lot provided, side yard must be 3 feet minimum Corner lot**None required unless through lot, then 10 feet minimum required Height 12 stories or 120 feet maximum provided, however, Stealth Telecommunication Towers are restricted to a height of 75 feet.The Urban Design Commission must approve the design of all Stealth Telecommunication Towers.Telecommunication Towers are restricted to a height of 60 feet. Notes:* Additional setback may be required by Sections 6.101C or 6.300.**May be subject to projected front yard (Section 6.101G) D.Other Development Standards Development in the Intensive Commercial(“G”) District may be subject to a variety of general development standards, including, but not limited to: 1.Off-Street Parking and Loading. Commercial buildings require one space per 250 square feet.Office or professional buildings require one space per 400 square feet. Restaurants require one space per 100 square feet of gross floor area.For further details, other uses, and loading areas see Chapter 6‘Development Standards, Article 2 Off Street Parking and Loading, Section ’6.200. 2.Landscaping andBuffers. Generally, ten percent of net site area.See Chapter 6 ‘Development Standards, Article 3Landscaping, Buffers, and Urban Forestry’,Section 6.300. 3.Signs. See Chapter 6 ‘Development Standards, Section6.400 Signs’. 4.Outdoor Storage or Display. Limited outdoor storage or display may be permitted. Refer to ‘Supplemental Use Standards, Chapter 5.306 Storage or Display in Commercial Districts, Outdoor’. 5.Metal Buildings . The exterior metal building walls of the front and any sides of a building facing a public street that will be constructed with metal cladding as the primary siding material shall not be constructed with exposed fasteners on more than fifty (50%) percent of the building. All buildings with metal siding shall have at least two exterior architectural features for articulation, such as front porches, gables, awnings, or other exterior siding materials. Exterior metal siding shall not be considered an architectural feature. These provisions shall not apply to large Retail Stores. 4.905Central Business ("H") District A.Purpose and Intent It is the purpose of the Central Business (“H”) District to provide a specific central business district zone for the more intense use of all commercial uses permitted in previous commercial districts; providing less restrictive height and area regulations; and such uses accessory thereto. B.Uses In the Central Business (“H”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5. C.Property Development Standards The minimum dimension of lots and yards and the height of buildings in the Central Business (“H”) District, shall be as shown in the accompanying table.Development in this district shall be exempt from all subsections, except for Subsection A, of Section 6.101, "Yards" of Chapter 6, "Development Standards”. Access for one-family attached (townhouse, rowhouse) units shall be provided to each principal building by: 1.A public street or alley; or by 2.A private common access easement that is not less than 20 feet in width. This district may only be applied to that area known as the Central Business District of Fort Worth bounded on the east by I-35W; on the south by a line one-half block south of Vickery Boulevard and extending west to the centerline of I-30; on the west by a line extending north and south with the east property line of the City of Fort Worth Water Treatment Plant to West 10th St. and along West 10th St. to Clear Fork of the Trinity River and along the Clear Fork to the Trinity River; on the north by the center of the Trinity River to the extension of Jones Street and thereafter by Bluff Street, as shown in Exhibit B.15. Central Business (“H”) District Front Yard* None required Rear Yard* None required Units per Acre No restriction Units per Building No restriction 5 feet minimum adjacent to residentially zoned lot, none otherwise.If Side Yard* provided, side yard must be 3 feet minimum Height No restriction D.Other Development Standards Development in the Central Business (“H”) District may be subject to a variety of general development standards, including, but not limited to: 1.Off-Street Parking and Loading. None required. 2.Landscaping and Buffers. See Chapter 6‘Development Standards, Chapter 3 Landscaping, Buffers, and Urban Forestry’Section 6.300. 3.Signs. See Chapter 6‘Development Standards, Section6.400 Signs’. 4.Outdoor Storage or Display. Limited outdoor storage or display may be permitted.See Chapter 5‘Supplemental Use Standards, Section 5.306 Storage or Display in Commercial Districts, Outdoor’. 5.Metal Buildings. The exterior metal building walls of the front and any sides of a building facing a public street that will be constructed with metal cladding as the primary siding material shall not be constructed with exposed fasteners on more than fifty (50%) percent of the building. All buildings with metal siding shall have at least two exterior architectural features for articulation, such as front porches, gables, awnings, or other exterior siding materials. Exterior metal siding shall not be considered an architectural feature. These provisions shall not apply to large Retail Stores. Article 10. Industrial Districts 4.1000 Light Industrial ("I") District A.Purpose and Intent The purpose of the Light Industrial (“I”) District is to provide for a limited range of low-intensity industrial uses, provided the uses are not noxious or offensive due to odors, smoke, dust, noise, fumes or vibrations. This district is intended to serve the entire community. B.Uses In the Light Industrial (“I”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5. C.Property Development Standards The minimum dimension of lots and yards and the height of buildings in the Light Industrial (“I”) District, shall be as shown in the accompanying table. Light Industrial (“I”) District Front Yard *None required if entire block frontage is zoned “FR” through “K”; if the block frontage contains a residential district or the “ER” or “E” District, the most restrictive district standards apply. Rear Yard* 10 feet minimum adjacent to residentially zoned lot, none otherwise Side Yard * 5 feet minimum adjacent to residentially zoned lot, none otherwise.If Interior lot provided, side yard must be 3 feet minimum Corner lot**None required unless through lot, then 10 feet minimum required Height 3 stories or 45 feet maximum provided, however, Stealth Telecommunication Towers are permitted to a height of 75 feet.The Urban Design Commission must approve the design of all Stealth Telecommunication Towers.Telecommunication Towers are permitted to a height of 75 feet. Notes: * Additional setback may be required by Sections6.101C or 6.300.**May be subject to projected front yard (Section 6.101G). D.Other Development Standards Development in the Light Industrial (“I”) District may be subject to a variety of general development standards,including, but not limited to: 1.Off-Street Parking and Loading. Industrial buildings require one space per 500 square feet of gross floor area or one space per three employees, whichever is greater. Warehouse buildings require one space per four employees, with a four-space minimum. For further details, other uses, and loading areas see Chapter 6 ‘Development Standards, Article 2Off Street Parking and Loading, Section 6.200’. 2.Landscaping and Buffers. For industrial uses, generally, four percent ofnet site area, or a landscape area of 30-foot depth along all public rights-of-way.See Chapter 6 ‘Development Standards, Article 3 Landscaping, Buffers, and Urban Forestry, Section 6.300’. 3.Signs .See‘Chapter 6 Development Standards, Section 6.400Signs’. 4.Maximum Horsepower. No use in the “I” District shall employ machines that exceed 50 horsepower. Line Compressors shall be exempt from this limitation. 4.1003Medium Industrial ("J") District A.Purpose and Intent The purpose of the Medium Industrial (“J”) District is to provide for a range of moderate-intensity industrial uses provided they are not noxious or offensive due to odors, smoke, dust, noise, fumes or vibrations. This district is intended to serve the entire community. B.Uses In the Medium Industrial (“J”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles6 and 8 and the supplemental use standards of Chapter 5. C.Property Development Standards The minimum dimension of lots and yards and the height of buildings in the Medium Industrial (“J”) District, shall be as shown in the accompanying table. MediumIndustrial (“J”) District Front Yard *None required if entire block frontage is zoned “FR” through “K”; if the block frontage contains a residential district or the “ER” or “E” District, the most restrictive district standards apply. Rear Yard *10 feet minimum adjacent to residentially zoned lot, none otherwise Side Yard* 5 feet minimum adjacent to residentially zoned lot, none otherwise.If Interior lot provided, side yard must be 3 feet minimum Corner lot**None required unless through lot, then 10 feet minimum required Height 12 stories or 120 feet maximum Notes: * Additional setback may be required by Sections 6.101C or 6.300.**May be subject to projected front yard (Section 6.101G) D.Other Development Standards Development in the Medium Industrial (“J”) District may be subject to a variety of general development standards, including, but not limited to: 1.Off-Street Parking and Loading. Industrial buildings require one space per 500 square feet of gross floor area or one space per three employees, whichever is greater. Warehouse buildings require one space per four employees, with a four-space minimum. For further details, other uses, and loading areassee Chapter 6‘Development Standards, Article 2, Section 2 Off Street Parking and Loading, Section 6.200’. 2.Landscaping and Buffers. For industrial uses, generally, four percent of net site area, or a landscape area of 30-foot depth along all public rights-of-way.See ‘Chapter 6 Development Standards, Article 3 Landscaping, Buffers, and Urban Forestry, Section 6.300’. 3.Signs. See‘Chapter 6 Development Standards, Section6.400 Signs’for the requirements. 4.1004Heavy Industrial ("K") District A.Purpose and Intent The purpose of the Heavy Industrial (“K”) District is to provide for heavy industrial uses that may be noxious or offensive due to odors, smoke, dust, noise, fumes or vibrations. This district is intended to serve the entire community. B.Uses In the Heavy Industrial (“K”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5. C.Property Development Standards The minimum dimension of lots and yards and the height of buildings in the Heavy Industrial (“K”) District, shall be as shown in the accompanying table. Heavy Industrial (“K”) District Front Yard *None required if entire block frontage is zoned “FR” through “K”; if the block frontage contains a residential district or the “ER” or “E” District, the most restrictive district standards apply. Rear Yard* 10 feet minimum adjacent to residentially zoned lot, none otherwise Side Yard* 5 feet minimum adjacent to residentially zoned lot, none otherwise.If Interior lot provided, side yard must be 3 feet minimum Corner lot**None required unless through lot, then 10 feet minimum required Height 12 stories or 120 feet maximum Notes:* Additional setbackmay be required by Sections 6.101C or 6.300.**May be subject to projected front yard (Section 6.101G) D.Other Development Standards Development in the Heavy Industrial (“K”) District may be subject to a variety of general development standards, including, but not limited to: 1.Off-Street Parking and Loading. Industrial buildings require one space per 500 square feet of gross floor area or one space per three employees, whichever is greater. Warehouse buildings require one space per four employees, with a four-space minimum. For further details, other uses, and loading areassee Chapter 6‘Development Standards,Article 2. Off Street Parking and Loading, Section 6.200. Landscaping and Buffers. 2.For industrial uses, generally four percent of net site area, or a landscape area of 30-foot depth along all public rights-of-way.See Chapter 6 Development Standards, Article 3Landscaping, Buffers, and Urban Forestry,Section 6.300. 3.Signs. See‘Chapter 6 Development Standards,Section6.400 Signs’for the requirements. Article 11. Inactive Districts 4.1100Multifamily Highrise ("D-HR1") District A.Purpose It is the purpose of the “D-HR1” Multifamily High-Rise District to provide a specific zone for high density high-rise multifamily development, the construction and maintenance thereof as required by this Ordinance, approved under given guidelines to assure compatibility with surrounding properties, and those uses accessory thereto, but excluding home occupations and individual tenant accessory buildings unless clustered as a group and approved under the given guidelines of this Ordinance. B.Use Regulation In the “D-HR1” Multifamily High-Rise District no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged except for the following uses: Any use permitted in the “D” Multifamily District. Special exception uses which may be authorized by the Board of Adjustment under the provisions of Chapter 3, Article 3. Accessory uses and buildings. C.Special Exception Uses 1.Bed and Breakfast Home. 2.Bed and Breakfast Inn. D.Height and Area Regulations 1.Except for residential uses, all construction of buildings or structures for those uses specified in Paragraph A. above shall conform to the following regulations: a.Height: Maximum of 144 feet, except in accordance with the provisions of Section 6.100. b.Front Yard: A minimum of 20 feet. c.Rear Yard: A minimum of five feet. d.Side Yard: i.Interior Lot: Minimum of five feet. ii.Corner Lot -A minimum of ten feet adjacent to side street unless front yard setback is required. e.Notwithstanding anything contained herein to the contrary, no portion of a building over 35 feet in height shall be located closer than one-half of its height from the nearest property line of any property zoned “A”One-Family, “AR” Residential, “B” Two-Family or “R1” Residential; further, all buildings over 35 feet in height shall be set back a minimum of 25 feet from all property lines. f.Width of Lot: A minimum of 50 feet. g.Lot Area: Minimum of 5,000 square feet. h.Lot Coverage: Maximum of 0.50 or 50 percent. 2.Multifamily Residential Development shall conform to the provisions outlined in Section 6.506 and those for the “D” District. 3.One-and two-family dwelling units must meet the regulations of the “A”, “AR”, “B”, “R1” or “R2” Districts or the Unified Residential Development provisions in Section 6.506. 4.1101Multifamily Highrise ("D-HR2") District A.Purpose It is the purpose of the “D-HR2” Multifamily High-Rise District to provide a specific zone for high density high-rise multifamily development, the construction and maintenance thereof as required by this Ordinance, approved under given guidelines to assure compatibility with surrounding properties,and those uses accessory thereto, but excluding home occupations and individual tenant accessory buildings unless clustered as a group and approved under the given guidelines of this Ordinance. B.Use Regulations In the “D-HR2” Multifamily High-Rise District no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged except for one or more of the following uses: 1.Any uses permitted in the “D-HR1” Multifamily High-Rise District. 2.Special exception uses when authorized by the Board of Adjustment under the provisions of Chapter 3, Article 3. 3.Accessory uses and buildings. C.Special Exception Uses 1.Bed and Breakfast Home. 2.Bed and Breakfast Inn. D.Height and Area Regulations 1.Except forresidential uses, all construction of buildings or structures for those uses specified in Paragraph A. above shall conform to the following regulations: a.Height: Maximum of 240 feet, except in accordance with the provisions of Section 6.100. b.Front Yard:A minimum of 20 feet. c.Rear Yard: A minimum of five feet. d.Side Yard: i.Interior Lot: Minimum of five feet. ii.Corner Lot -Minimum of ten feet adjacent to side street unless front yard setback is required. e.Notwithstanding anything contained herein to the contrary, no portion of a building over 35 feet in height shall be located closer than one-half of its height from the nearest property line of any property zoned “A” One-Family, “AR” Residential, “B” Two-Family or “R1” Residential; further, all buildings over 35 feet in height shall be set back a minimum of 25 feet from all property lines. f.Width of Lot: Minimum of 50 feet. g.Lot Area: Minimum of 5,000 square feet. h.Lot Coverage: Maximum of 0.50 or 50 percent. 2.Multifamily Residential Development shall conform to the provisions outlined in Section 6.506 and those for the “D” District. 3.One-and two-family dwelling units must meet the regulations of the “A”, “AR”, “B”, “R1” or “R2” Districts or the Unified Residential Development provisions in Section 6.506. 4.1102Office Midrise ("O-M") District A.Purpose It is the purpose of the “O-M” Office-Midrise District to provide a specific zone for the development of offices as the primary use and other limited commercial uses as ancillary uses, allowing for greater height of such structures, subject to specific development controls. B.Use Regulations In the “O-M” Office-Midrise District, the primary use of any building or land shall be for office purposes, provided that any ofthe following may be located in the “O-M” District as accessory uses to an office building: 1.Any uses permitted in the “ER” Restricted Commercial District. 2.Bakeries, provided that the floor area does not exceed 3000 square feet. 3.Banks. 4.Blueprinting or Photostatting. 5.Business colleges, or private schools operated as a commercial enterprise. 6.Caterer or wedding service. 7.Cigar or tobacco stores. 8.Confectionery stores. 9.Delicatessen shops. 10.Department stores. 11.Drug stores. 12.Dry goods and notions stores. 13.Duplicating service, by mimeographing, multigraphing, and offset printing, provided that the floor area does not exceed 2000 square feet. 14.Florist or gift shops. 15.Jewelry stores, optical goods. 16.Liquoror package stores. 17.Offices. 18.Restaurants, cafes, cafeterias: including restaurants and cafes legally authorized (by duly issued permits from the city and State) to sell alcoholic beverages for consumption on the premises.The terms restaurants, cafes, used herein, refers to places which are regularly open in a bona fide manner; which are used and kept open for the service of food to customers for compensation; which have suitable seating for guests; which have suitable facilities for preparation and service of an assortment of foods commonly ordered at various hours of the day or night and the serving of food is the primary business of such places, and which may, as an ancillary use, provide patrons with space for dancing or permit patrons to dance. 19.Shoeshine parlors. 20.Tailor, clothing or wearing apparel shops. 21.Variety stores. 22.Special exception uses when authorized by the Board of Adjustment under the provisions of Chapter 3, Article 3. C.Height and Area Regulations In the “O-M” Office-Midrise District the height of buildings and structures and the minimum dimensions of yards shall be as follows: 1.Height: Maximum of 6 stories, not to exceed 80 feet. 2.Front Yard: Minimum of 20 feet 3.Rear Yard: Minimum of 5 feet 4.Side yard a.Interior Lot, Minimum of 5 feet b.Corner Lot, Minimum of 10 feet adjacent to the side street unless front yard setback is required. 5.Notwithstanding anything contained herein to the contrary, all buildings shall be set back from the nearest property line of any property zoned “A” One-Family, “AR” Residential, “B” Two-Family, “R1” Residential or “R2” Residential, a distance of one foot for each foot in height of the building. 4.1103Planned Commercial ("E-P") District A.Use Regulations In the “E-P” Planned Commercial District, no building or land shall be used and no buildings shall be hereafter erected, reconstructed, altered or enlarged unless otherwise provided in this Ordinance except for one or more of the following uses: 1.Any uses permitted in the “ER” Restricted Commercial District. 2.Banks. 3.Bird stores and pet shops. 4.Cigar or tobacco stores. 5.Confectionery stores. 6.Delicatessen shops. 7.Department stores. 8.Drug stores. 9.Dry goods and notions stores. 10.Filling stations. 11.Florist or gift shops. 12.Hardware, paint and wallpaper stores. 13.Household furniture stores limited to the sale of new merchandise. 14.Jewelry stores. 15.Liquor or package stores. 16.Offices. 17.Piano stores, musical instruments and supplies. 18.Radio and television sales and servicing. 19.Restaurants, tearooms, cafeterias or cafes. 20.Tailor, clothing or wearing apparel shops. 21.Variety stores. B.Height and Area Regulations In “E-P” Planned Commercial District, the height of buildings and structures, the minimum dimensions of yards, the lot area, off-street parking, and plan approvals shall be as follows: 1.Height: The maximum permitted height in the “E-P” Planned Commercial District shall be 4 stories but not to exceed 45 feet. 2.Yards: There shall be a yard of not less than 25 feet between any street or alley or property line of adjacent property in separate ownership, and the main wall of the building. 3.Lot Area: An “E-P” Planned Commercial District shall have a minimum land area of not less than 120,000 square feet, which shall be under unified control. 4.Off-Street Parking: Paved parking and maneuvering areas for motor passenger vehicles shall be furnished on the site in a ratio of not less than four square feet of parking and maneuvering area for each one square foot of gross floor area. 5.Approval of Plans: A permit for construction, reconstruction, additions to, change of size or layout, or change of height of buildings on an “E-P” District, underunified control, shall not be issued unless and until a complete site plan, showing that the layout shall conform to the above requirements, has been submitted to the City Traffic Engineer, the Plan Commission, recommended to the Zoning Commission, and further recommended by the Zoning Commission to the City Council. In the event of failure to construct the installation in accordance with plans submitted, within a period not to exceed three years from the date of final approval by the City Council, the Zoning Commission shall set a public hearing and after such public hearing may recommend to the City Council that the said District “E-P” be reclassified to a more restricted district to be specified by the Zoning Commission. 4.1104Industrial Park ("IP") District A.Purpose It is declared that the public policy of the City of Fort Worth and the regulations set forth in the “IP” District are intended to encourage orderly development of a high character in attractive landscaped surroundings by the use of development standards so controlled as to make the permitted uses more compatible with other uses in the vicinity or within the district and to preserve property values and protect the health and welfare of the inhabitants of the City of Fort Worth. It is the intent of the City Council in adopting these regulations to: promote well planned industrial development which is more nearly compatible with non-industrial uses; establish high standards of development; encourage a better environment for the population working in industry; encourage high quality development of property which has limited value for residential or commercial use; establish a buffer district to separate non-compatible industrial uses from commercial and residential uses. B.Use Regulations All uses permitted in this district shall be carried on entirely within the building (except outside storage lot). No use shall be permitted which will be injurious or offensive to the occupants of the adjacent premises or area by reason of fire; radioactivity or electrical disturbance; noise; vibration; smoke; odor; fly ash; dust; fumes; vapors; gases; and other forms of air pollution; glare; liquid or solid waste; standards or limitations on such nuisances are as provided in the performance standards Section of this Ordinance. In the “IP” Industrial Park District, no building or land shall be used, and no building shall be hereafter erected, constructed, altered, or enlarged, nor shall a Certificate of Occupancy be issued, except for one or more of the following uses: 1.Any use permitted in the “H” Business District, provided however that residential structures shall not be permitted in the “IP” District and further provided that no special exception use shall be permitted except for those uses listed in Paragraph 20. below. 2.Assaying (other than gold and silver). 3.Carpet and rug cleaning. 4.Cleaning, dyeing, pressing works, laundry and washeteria. 5.Dog and cat hospitals and kennels, provided that no outside pens or stables are constructed or animals are otherwise detained outside an enclosed building. 6.Electroplating. 7.Enterprise dealing with the assembly or fabrication of pre-manufactured parts or materials into a finished or semi-finished product for resale or distribution, provided that the assembly of vehicles, trailers, airplanes, manufactured homes, and similar items are prohibited. 8.Furniture and cabinet repair and construction. 9.Galvanizing small utensils. 10.Ice plants and storage houses. 11.Lumber yards. (Retail only) 12.Manufacture of: Products from aluminum, brass, bronze, copper, steel, bone, leather, paper, shell, wire, or wood, of any kind other than those permitted in Districts “J” or “K”. 13.Manufacture of: Artificial flowers; ornaments; awnings; tents; bags; blacking, cleaning or polishing preparations; brooms or brushes; buttons and novelties; canvas products; clothing; suits, coats, or dresses for wholesale trade; food products, syrups, fruit juices, extracts, drugs or medicine, except products permitted in Districts “J” or “K”; furniture, gas or electric fixtures; ice cream; mattresses; peanut and pecan products; potato chips; radio and television sets; and signs not exceeding 4 feet by 8 feet. 14.Outside storage yard: Outside storage of any new product, merchandise, machinery or objects provided that junk or used products, merchandise, machinery or objects shall be prohibited; provided further that a solid fence or wall shall be constructed and maintained permanently around such storage, and shall comply with the following: a.Every portion of such fence or wall shall have a height of one foot above the height of those items stored, provided however, a minimum height of six feet shall be required in all instances. b.A fence or wall shall not be permitted inany portion of the front, rear and side yards. c.Openings in the fence shall be provided with a gate which will block the view of those items stored in the area contained within the fence or wall, provided that such openings shall not be located so as tobe viewed from any residential land use or residential district. 15.Paper box manufacture. 16.Pattern shop. 17.Warehouse. 18.Wholesale establishment. 19.Accessory buildings and uses customarily incidental to the above. 20.The following specialexception uses may be established only when authorized by the a.Board of Adjustment under the provision of Chapter 3, Article 3: b.Temporary construction, sales, storage, fabrication and office buildings. c.Water supply, treatment and storage facilities. d.Towers, as defined in Section 5.136. e.Riding stable, riding hall, horse track. f.Electric Power substation. C.Height and Area Regulations In the “IP” District the height of buildings and structures and minimum dimension of yards shall be as follows, provided that the yard areas shall be used only for landscaping, except that driveways permitting access to parking and loading facilities, and side walks leading to the buildings are permitted in yard areas: 1.Height: No building or structure shall exceed 35 feet in height. 2.Front Yard: There shall be a front yard of not less than 15 feet. 3.Rear Yard: There shall be a rear yard which shall be determined as follows: a.When adjacent to the “I”, “J”, or “K” District, no rear yard shall be required. b.When adjacent to the “ER”, “E-P”, “E”, “FR”, or “F”, “G” or “H” District, there shall be a rear yard of not less than ten feet. c.When adjacent to the “AG”, “CF”, “MH”, “A”, “AR”, “B”, “CR”, “C”, “D”,“D-HR1”, or “D- HR2” District, there shall be a rear yard of 20 feet. d.When adjacent to more than one district the more restrictive requirement shall apply. 4.Side Yard: There shall be a side yard which shall be determined as follows: a.When adjacent to the “I”, “J”, or “K” District, no side yardshall be required. b.When adjacent to the “ER”, “E-P”, “E”, “FR”, “F”, “G”, or “H” District, there shall be a side yard of not less than 10 feet. c.When adjacent to the “AG”, “CF”, “MH”, “A”, “AR”, “B”, “CR”, “C”, “D”, “D-HR1” or “D- HR2” District, thereshall be a side yard of not less than 20 feet. d.When adjacent to more than one district the more restrictive requirement shall apply. D.Landscaping Landscaping is required in the front, side and rear yards and shall conform to the following: 1.The physical elements composing the landscape shall be permanent in form and nature, and perpetually maintained. 2.The form and nature of the physical elements shall consist primarily of trees, shrubs, ground covers and ornamental annuals, biennials and perennials; (rocks, gravel and similar elements shall be secondary). 3.The physical elements composing the landscape shall be located and maintained so as not to obstruct the vision of motorists or pedestrians at alley, street or drive intersections. E.Screening Fence 1.Screening fences shall be provided, adjacent and parallel to the interior rear and side yard lines except as provided in 2(c) below, and when adjacent to any zoning district except “I”, or “J”, or “K”. 2.When a solid fence or wall is required it shall be constructed and maintained permanently, and shall comply with the following: a.Every portion of such fence or wall shall have a minimum height of six feet. b.A fence or wall shall not be permitted in any portion of the front, rear, or side yard. c.A building wall may take the place of a screening fence, provided however that no openings shall be permitted in said building wall. d.No such screening fence shall be erected so as to obstruct the vision of motorists or pedestrians at alley, street, or drive intersections. F.Signs Advertising signs or symbols may be constructed or placed in this District, provided however that every sign or signs shall pertain only to the use of the property on which located, shall face the principal or fronting street, shall be attached flat against the wall of the building and shall not project above the roof line; where lighted, signs shall not be flashing or animated, nor have any exposed neon. G.Parking and Loading Space The off-street parking and loading regulations of Chapter 6, Article 2 shall apply to all uses established in the “IP” District except as follows: 1.Parking and loading areas are not permitted in the front, side and rear yards. 2.All loading spaces and associated loading docks shallbe screened from the public right- of-way provided further that driveways providing access to loading spaces shall not be parallel and in the same plane to any loading space or spaces; no loading dock shall take direct access to a public street. 3.Permanent off-street parking of motor passenger vehicles shall be provided for all uses permitted in this District.The number of spaces shall be determined by the requirements contained in Chapter 6, Article 2 except as follows: a.For outside storage yards: one space for each 2,000 square feet contained in the storage yard shall be provided. b.For warehousing uses: one space for each 1,000 square feet of floor area contained in the warehousing area of the building; additionally, one space for each 200 square feet of office, sales, and/or display space contained in the warehouse building or on the site shall be provided. c.Industrial uses shall provide one space for each 500 square feet of floor area contained in the industrial operating area of the building; additionally, one space for each 200 square feet of office, sales and/or display space contained in the industrial building or on the site shall be provided. H.Performance Standards 1.Compliance Required: No land or building in the “IP” District shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard, noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or element (referred to herein as “dangerous or objectionable elements”) in such a manner or in such amount as to adversely affect the surrounding area or adjacent premises; provided that any use permitted by this Section may be undertaken and maintained if it conforms to the regulations of this Section limiting dangerous and objectionable elements at the point of determination of their existence. 2.Enforcement Provisions: Even though compliance with performance standards procedure in obtaining a Certificate of Occupancy is not required for a particular use, initial and continued compliance with performance standards shall be enforced by the Building Inspector against any use if there are reasonable grounds to believe that performance standards are being violated by such use. 3.Locations Where Determinations Are To Be Made For Enforcement Of Performance Standards: The determination of the existence of any dangerous and objectionable elements shall be made at the location of the usecreating the same and at any point or points where the existence of such elements may be more apparent (herein referred to as “at any point”). l.Performance Standard Regulations The following provisions, standards and specifications shall apply: 1.Fire and Explosion Hazards: All activities involving and all storage of inflammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion, and adequate fire-fighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires shall be prohibited at any point.The relevant provisions of State and local laws and regulations shall also apply. 2.Radioactivity or Electric Disturbance: No activities shall be permitted which emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such a disturbance. 3.Noise: At the points of measurement which shall be at the property line, the sound pressure level of noise radiated from a facility at nighttime shall not exceed 40 decibels or the average sound level of the street traffic noise nearest the noise generator, whichever is the higher, in any octave band of frequency above 300 cycles per second.The sound pressure level shall be measured with a Sound Level Meter, and an Octave Band Analyzer that conforms to the specifications published by the American Standards Association. Noise shall be so muffled or otherwise controlled, as not to become objectionable, due to intermittence, beat frequency, impulsive character (hammering, etc.), periodic character (humming, screeching, etc.), or shrillness. For facilities which radiate noise only during a normal daytime working shift, the allowable decibel sound pressure level maximum given above may be increased 25 decibels, or 10 decibels above the average sound level of the street traffic noise nearest the noise generator, whichever is the higher. Sirens, whistles, bells, etc., which are maintained and utilized solely to serve a public purpose (such as fire and air raid warning sirens) are excluded from the above regulations. 4.Vibration: No vibration shall be permitted which is discernible without instruments at the property line. 5.Smoke: No emissions shall be permitted, at the point of discharge from any chimney or otherwise, of visible gray smoke of a shade equal to or darker than No. 2 on the Power’s Micro-Ringlemann Chart, published by McGraw-Hill Publishing Company, Inc. and copyrighted 1954 (being a direct facsimile reduction of the standard Ringlemann Chart as issued by the United States Bureau of Mines), except that visible gray smoke of a shade equal to No. 2 on said Chart may be emitted for 4 minutes in any 30 minutes.These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an apparently equivalent capacity. 6.Odor: No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be offensive at the property line.Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained should the primary safeguard system fail.There is hereby established as a guide in determining such quantities of offensive odors, Table III, “Odor Thresholds”, in Chapter 5, “Air Pollution Abatement Manual”, copyright 1951 by Manufacturing Chemists’ Assn., Inc., Washington, D.C. 7.Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution: No emission shall be permitted which can cause any damage to health, to animals, vegetation, other forms of property, or which can cause any excessive soiling, at any point; and in no event shall any emission, from any chimney or otherwise, of any solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas at any point, be permitted.For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500 degrees Fahrenheit and 50 percent excess air. 8.Glare: No direct or sky-reflected glare from high-temperature processes, such as combustion or welding or otherwise, so as to be visible at the property line, shall be permitted. This restriction shall not apply to signs otherwise permitted by the provisions of this Section. 9.Liquid or Solid Waste: No discharge shall be permitted at any point into any public sewer, private sewagedisposal system, or stream, or into the ground, except in accordance with standards approved by the Department of Health of the State of Texas or standards equivalent to those approved by such department for similar uses; nor shall the discharge of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements be permitted. Article 12. Form-Based Code District Use Table 4.1200 Allowed Uses The table on the following pages sets forth the uses permitted within the form based/mixed usedistricts. 4.1201 Key to Table Designations A.Permitted Uses(P) A “P” in a cell indicates that a use is allowed by right in the respective zoning district. Permitted uses are subject to allother applicable regulations of this Zoning Ordinance.A “P*” in any cell means that supplemental use standards apply (See Chapter 6‘Supplemental Use Standards, Chapter 500 Standards for Selected Uses’).The specific section number of the standard is noted in the right-hand column, titled “Supplemental Standards”. B.Special Exception Uses(SE) An “SE” in a cell indicates that a use is allowed only if reviewed and approved as a special exception use, in accordance with the review procedures of Chapter 3.Article 3.An “SE*” in any cell means that supplemental use standards apply (See Chapter 5 ‘Supplemental Use Standards, Standards for Selected Uses’). The specific section number of the standard is noted in the right- hand column, titled “Supplemental Standards”. C.Uses Not Allowed An empty cell indicates that a use is not allowed in the respective zoning district. D.Supplemental Use Standards(*) The numbers contained in the right-hand column of the table are references to additional standards and requirements that may apply to the use listed. Standards referenced in this column apply only in zoning districts where the designation includes a “*”. E.Use Also Included on Residential District Use Table(<<) The “«” symbol in the second column from the right indicates this use can also be found in the Residential District Use Table in Article 6. 4.1202 Unlisted Uses Additional uses have been interpreted as part of or similar to many of the uses listed in the table.The full list of such uses is included in Appendix C, Use Index.If a use is not listed, then the Board of Adjustment shall, upon the request of any interested party and pursuant to the procedures set forth in Chapter 3, Article 2, make a determination within which district, if any, a proposed use isallowed. All uses may be permitted through PD approval by City Council. 4.1202 USES4.1200 FORM BASED CODE DISTRICTS USE TABLE CB/RUVCB/RUVCB/ GC-Supple-mental NONRESIDENTIAL USESMU-1 MU-1GMU-2MU-2GNS/T4RNS-T4NS-T4NNS/ T5TUCB/ HCCB/ RGCB/ IACB/ WBCB/T C-NorthC-SouthMUStandards 4.200 lots not > P P*PPPPP* One-family detached dwelling 10,000 sq. ft. CBRC One-family attached guidelines - Res P PPPPPPPP* Household Living(townhouse, rowhouse)not permitted in 60+ dnl P Multifamily dwelling apartmentP*PPPPPPPPPPPPPP* 4.305B/ 6.506 One dwelling unit when part of P P*PPPPPP a business P* Community HomeP*P*P*P*P*P*P*5.110 P* Group Home IP*P*P*P*P*P*P*5.115 P* Group Home IIP*P*P*P*P*P*P*5.115 Group Living Halfway House Shelter PUBLIC & CIVIC USES P College or UniversityPPPPPPPPPPPPPPP P Day care center (child or adult)PPPPPPPPPPPPPPPP P KindergartenPPPPPPPPPPPPPPPP Education School, elementary or P PPPPPPPPPPPPPPPP secondary (public or private) Business college or P PPPPPPPPPPPPPPP commercial school Animal Shelter Correctional Facility Government maintenance PPPPPPPP facility P Government office facilityPPPPPPPPPPPPPPPP Government Governmental vehicle storage/junkyard Museum, library or fine art P PPPPPPPPPPPPPP*P center Probation or parole officeP*P*P*P*P*5.127 P Ambulance dispatch stationPPPPPPPP P Assisted living facilityPPPPPPPP Health Care Facilities P Blood bankPPPPPPPP P Care facilityPPPPPPPPPPPPPPP ALL developments within a form-based code district MUST refer to the development guidelines of that district before proceeding. NS = Near Southside, TU = Trinity Uptown, CB = Camp Bowie ALL developments within a form-based code district MUST refer to the development guidelines of that district before proceeding. NS = Near Southside, TU = Trinity Uptown, CB = Camp Bowie Health services facility; P PPPPPPPPPPPPPPP including doctor's office or medical clinic P HospicePPPPPPPPPPPPPPP Health Care P FacilitiesHospitalPPPPPPPPPPPPPPP P Massage Therapy and SpaPPPPPPPP Nursing home (with full P PPPPPPPPPPPPPPP medical services) Center, community recreation P PPPPPPPPPPPPPPPP or welfare Center, community recreation P PPPPPPPPPPPPPPPP or welfare, private or non-profit P Country club (private)PPPPPPPPPPPPPPPP Recreation Country club (public)PPPPPPPP Golf coursePPPPPPPPPPPPPPP P Golf driving rangePPPPPPPPPPPP Park or playground (public or P PPPPPPPPPPPPPPPP private) P Place of worshipPPPPPPPPPPPPPPPP Religious SE Place of worship auxilliary useSEPPPPPPPPPPPPPPP SE Electric power substationSEPPSESESEPP Ch. 15, Gas P* Gas lift compressor stationsP*P*P*P*P*P*P*P*City Code, 5.140 Ch. 15, Gas SE* Gas line compressor stationsSE*SE*SE*SE*SE*SE*SE*SE*City Code, 5.140 Power plant or central station light Stealth Telecommunications P* P*P*P*P*P*P*P*P*PPPPPPPP Utilities5.137 Towers Telecommunications antenna P* P*P*P*P*P*P*P*P*PPPPPPPP5.136 (on structure) SE* Telecommunications towerSE*SE*SE*SE*SE*SE*SE*P*5.137 Utility transmission or SE* SE*SE*SE*P*P*P*P*P*5.140 distribution line Wastewater (sewage) treatment facility Water supply, treatment or SE SESESESESE storage facility P Amusement, indoorPPPPPPPPPPPPPPP Entertainment and Eating Amusement, outdoorPPPSESESESE ALL developments within a form-based code district MUST refer to the development guidelines of that district before proceeding. NS = Near Southside, TU = Trinity Uptown, CB = Camp Bowie ALL developments within a form-based code district MUST refer to the development guidelines of that district before proceeding. NS = Near Southside, TU = Trinity Uptown, CB = Camp Bowie Baseball/softball facility PPPPPPP (commercial) Bowling alleyPPPPPPPPPPPPPP Bar, tavern, cocktail lounge; PPPPPPPP club, private or teen Circus Club, commercial or businessPPPPPPPP P* Drive-in restaurant or businessP*P*P*P*P*P*P*PPPPPPPP5.112 Bingo ParlorPPPPPPP Gambling facility (including bingo) P Health or recreation clubPPPPPPPPPPPPPPP Indoor recreationPPPPPPPPPPPPPP Entertainment P Lodge or civic clubPPPPPPPPPPPPPPP and Eating Massage parlorPP P Museum/cultural facilityPPPPPPPPPPPPPPP Racing; horse, dog or automotive P Restaurant, café, cafeteriaPPPPPPPPPPPPPPPP Sexually oriented business Shooting or weapons firing range Stable, commercial, riding, boarding or rodeo arena P* Swimming pool, commercialP*P*P*P*P*P*P*PPPPPPP5.135 SE Theater, drive-inSESESESESE Theater, movie theater or P* P*PPP*P*P*P*PPPPPPPP5.138 auditorium P Bed and breakfast innPPPPPPPP Lodging Hotel, motel or innPPPPPPPPPPPP5.116 Recreational vehicle park P Bank, financial institutionPPPPPPPPPPPPPPPP Office P OfficesPPPPPPPPPPPPPPPP P Antique shopPPPPPPPPPPPPPPPP Retail sales and Appliance, sales, supply or P* P*P*P*P*P*P*P*P5.134 service repair P BakeryPPPPPPPPPPPPPPPP ALL developments within a form-based code district MUST refer to the development guidelines of that district before proceeding. NS = Near Southside, TU = Trinity Uptown, CB = Camp Bowie P Barber or beauty shopPPPPPPPPPPPPPPPP Boat rental or salesPPPP Book, stationary stores or P PPPPPPPPPPPPPPPP newstand Burglar alarm sales and PPPPPPPPPPPPPPP service P Caterer or wedding servicePPPPPPPPPPPPPPPP Clothing/wearing apparel P* P*P*P*P*P*P*P*PPPPPPPPP5.134 sales, new Clothing/wearing apparel P* P*P*P*P*P*P*P*PPPPPPPPP5.134 sales, used P Convenience storePPPPPPPPPPPPPPPP Copy store or commercial print P PPPPPPPPPPPPPPPP without off-set printing P Dance studioPPPPPPPPPPPPPPPP Dressmaking, custom; P PPPPPPPP millinery shop P Duplicating servicesPPPPPPPPPPPPPPP5.126 Farmer's MarketPPPPPPPP less than 1 acre Feed store, no PPPPP processing/milling P* Firewood salesP*P*P*P*P*P*P*P*5.113 Retail sales and Furniture sales, new and used service P* P*P*P*P*P*P*P*PPPPPPPPP (office & residential) in a 5.134 building Furniture upholstery, P PPPPPPPPPPPPPPPP refinishing or resale P* General merchandise storeP*P*P*P*P*P*P*PPPPPPPPP5.134 P* Greenhouse or plant nurseryP*P*P*P*P*P*P*PPPPPPPPP5.114, 5.134 P* Grocery store, meat marketP*P*P*P*P*P*P*PPPPPPPPP5.134 Gunsmithing, repairs or salesPPPP P* Home improvement storeP*P*P*P*P*P*P*P5.134 P Interior decoratingPPPPPPPPPPPPPPPP Kennel P* Large retail storeP*P*P*P*P*P*P*PPPPPPPPP5.134 Laundry or dry cleaning P PPPPPPPPPPPPPPPP collection office Laundry, dry cleaning or P PPPPPPPPPPPPPPPP washeteria P Leather goods shopPPPPPPPPPPPPPPPP P Liquor or package storePPPPPPPPPPPPPPP P LocksmithPPPPPPPP ALL developments within a form-based code district MUST refer to the development guidelines of that district before proceeding. NS = Near Southside, TU = Trinity Uptown, CB = Camp Bowie Medical supplies/equipment P PPPPPPPPPPPPPPPP sales or rental Mini-warehousesP P Morturary or funeral homePPPPPPPPPPPPPPPP Newspaper distribution centerPPPP P OpticianPPPPPPPPPPPPPPPP Pawn shopP*P*P*P*5.125, 5.134 P Pharmacy (drug store)PPPPPPPPPPPPPPPP Photograph, portrait/camera P PPPPPPPPPPPPPPPP shop or photo finishing Retail sales and P Recording studioPPPP*P*P*P*PPPPPPPP service P* Retail sales, generalP*P*P*P*P*P*P*P*PPPPPPPP5.134 Saddle or harness, repair or P PPPPPPPP sales P Shoe shine shopPPPPPPPPPPPPPPPP P Studio, art or photographyPPPPPPPPPPPPPPPP P Tailor, clothing or apparel shopPPPPPPPPPPPPPPPP Tattoo parlorPPPP P Taxidermist shopPPPPPPPP Veterinary clinic w/indoor P* P*P*P*P*P*P*P*P*PPPPPPP5.142 kennels Veterinary clinic w/outdoor kennels P Auto parts supply, retailPPPPPPPPPPPPPP Automotive repair; paint and P*P*PPPPPPPPPP5.104 body shop Car wash, full or self serviceP*P*PPPPPPP5.108 P Gasoline salesPPPPPPPPPPPPPPP Mobile home or manufactured housing sales Vehicle Sales & Parking area or garage, Service P* storage commercial or P*P*P*P*P*P*P*PPPPPPPPP6.202F auxiliary Recreational vehicle (RV) PPP sales/service Service stationPPPPPPPPPPP Towing yard with office Truck stop w/fuel & accessory services ALL developments within a form-based code district MUST refer to the development guidelines of that district before proceeding. NS = Near Southside, TU = Trinity Uptown, CB = Camp Bowie Vehicle junkyard Vehicle sales or rental; Vehicle Sales & PPPPPPPPPPP including automobiles, Service motorcycles, boats or trailers Vehicle steam cleaningPP Light Industrial AssayingP*P*PP5.103 Assembly of pre-manufactured parts, except for vehicles, PPPPPP trailers, airplanes or mobile homes Blacksmithing or wagon shop Bottiling works, milk or soft PPPP drinks Carpet and rug cleaningPPPP Chicken battery or brooder Coal, coke or wood yard Cottage Manufacturing usesPPPP CrematoriumP ElectroplatingP Fabricating or manufactured housing, temporary or office building Light Industrial Food processing (no Services PPPP slaughtering) Furniture or cabinet repair or PPPPPP construction Furniture sales, with outside storage/display (new/used) Galvanizing, small utensils Machine shopsP*PP5.120 Manufacture of artificial flowers, ornaments, awnings, PPPPP*P*5.120 tents, bags, cleaning/polishing preparations, boats under 28ft Manufacture of aluminum, brass or other metals or from PPP*P*P*P*5.120 bone, paper, rubber, leather Manufactured home/RV repair Monument/marble works, PPPP finishing and carving only Monument works, stonePPPP ALL developments within a form-based code district MUST refer to the development guidelines of that district before proceeding. NS = Near Southside, TU = Trinity Uptown, CB = Camp Bowie Outdoor sales and storagePPP Paint mixing or sprayingP Paper box manufacturePPPP Pattern shopPPPP Printing, lithographing, book- binding, newspapers or PPPPPPPPPPP publishing Rubber stamping, PPPP Light Industrial shearing/punching Services Rubber stamp manufacturePPPP Sheet metal shopP*P*P*P*5.131 Warehouse or bulk storageP*P*P*P*PPP5.143 Welding shop, custom work PPPPPP (not structural) Yards, contractors, lumber or storage, automobiles, storage yards, building materials Heavy Industrial Animal by-products processing Batch plant, concrete or asphalt (permanent) Brewery, distillery or wineryP Brick, clay, glass, shale, tile or terra cotta products manufacture Cement products plant Cement, lime, gypsum, or plaster of paris manufacture Cotton gin, cotton oil mill, Heavy Industrial bailing or compress Manufacturing Creosite, treatment/manufacture Egg cracking or processing Furnace, blast; forge plant, boiler works manufacture Galvanizing, sheet or structural shapes Gas (natural or artificial) manufacture processing/storage Glue manufacture Grain elevator ALL developments within a form-based code district MUST refer to the development guidelines of that district before proceeding. NS = Near Southside, TU = Trinity Uptown, CB = Camp Bowie Magnesium casting, machining or fabricating Manufacture of acetylene or oxygen gas, alcohol, computers and related electronic products, airplanes, automobiles, trucks and PP tractors (including assembly plants), ball or roller bearings, steel tanks, candles & celluloid, cash registers, cutlery, disinf Manufacture of basket material, bicycles, boots, boxes other than paper, caskets, shoes Manufacture of dyes, cores, die-casting molds Manufacture, processing/production of hazardous chemicals Metal casting Metal foundry plant or fabrication plant Heavy Industrial Manufacturing Metal smelting, reclamation or ore reduction Metal stamping, dying, shearing or punching Mill, feed or flour Mining quarry, dredging or excavation of rock, dirt, gravel, sand, stone Packing plant Paper or pulp manufacture Petroleum, refining or wholesale storage Planing mill or woodworking shop Poultry killing or dressing Rock cement crushers & stone quarry Rolling mill Soap manufacture Soda or compound manufacture ALL developments within a form-based code district MUST refer to the development guidelines of that district before proceeding. NS = Near Southside, TU = Trinity Uptown, CB = Camp Bowie Stoneyard, building stone, cutting, sawing or storage Tar distillation/manufacturing Heavy Industrial Manufacturing Tobacco (chewing) manufacture or treatment Welding shop Airport, aviation field, helistop SE SESESESESESESEPPP or landing area P Passenger stationPPPPPPPPP Railroad freight or PPP classification yard Transportation Railroad roundhouse or RR PP car repair shop Railroad tracks; team, spur, loading or storage Terminal; truck, freight, rail or PPP water Landfill, recycling center, household hazardous waste or waste tire facility Pet cemetary Waste Related SE* Recycling collection facilitySE*P*P*SESE*SE*P*5.130 Salvage yard (other than automotive) Wholesale: bakery, produce PPPPPPP market or wholesale house Wholesale Trade Wholesale office or sample PPPPPPPPP room OTHER USES Agricultural uses Community gardenPPPPPPPP Stockyards or feeding pens (commercial) Agriculture Fresh Water Fracture Ponds & Production Ch. 15, Gas P* Gas Drilling & ProductionP*P*P*P*P*P*P*P* City Code Oil Drilling & Production Accessory use or buildingPPPP Incidental Outdoor DisplayPPPPPPPP P* Satellite antenna (dish)P*P*P*P*P*P*P*P5.304 Accessory Uses Stable, stockyards or feeding pens (noncommercial) ALL developments within a form-based code district MUST refer to the development guidelines of that district before proceeding. NS = Near Southside, TU = Trinity Uptown, CB = Camp Bowie P* Storage or display outsideP*PPP*P*P*P*5.306 Accessory Uses Solar energy equipmentPPPPPPPP Wind energy equipmentPPPPPPPP Amusement, outdoor SE* SE*PPSE*SE*SE*SE*5.400 (temporary) Batch plant, concrete or SE* SE*SE*SE*5.401 asphalt (temporary) Residence for security SE SESESESE*SE*SE*SE*5.404 purposes, temporary Special Event (subject to City's PPPPPPPP Special Events Ordinance) Trailer, portable; sales, P PPPPPPP construction or storage P* Vendor, door-to-doorP*P*P*P*P*P*P*5..406 Vendor, Food, Non-Potentially P* P*P*P*P*P*P*P*5.406 Hazardous Food Temporary Uses Vendor, Food, Potentially P*P*P*P*P*P*5.406 Hazardous Food Vendor, MerchandiseP*P*P*P*P*P*5.406 Vendor, TransientP*P*P*P*9.101 Vendor, Transient, Non- P* P*P*P*P*P*P*P*5.406 Potentially Hazardous Food Vendor, Transient, Potentially P* P*P*P*P*P*P*P*5.406 Hazardous Food (for food vendors other PPPPPPP Sales from kiosks city ordinances apply, not within public row) ALL developments within a form-based code district MUST refer to the development guidelines of that district before proceeding. NS = Near Southside, TU = Trinity Uptown, CB = Camp Bowie Article 13.Form BasedDistricts 4.1300Low Intensity Mixed-Use ("MU-1") District A.Purpose and Intent 1.Purpose. It is the purpose and intent of the Low IntensityMixed-Use (“MU-1”) District to provide areas in which a variety of housing types exist among neighborhood-serving commercial and institutional uses. 2.Intent Statements a.General Development Principles 1.Promote a pedestrian-oriented urban form. In contrast to conventional zoning standards that place a primary emphasis on the regulation of land uses, mixed- use development standards and guidelines focus on promoting a walkable, urban form of development, consistent with the surrounding areas historic urban character. The focus on form promotes buildings that conform to tested urban design principles. 2.Require excellence in the design of the public realm and of buildings that front public spaces. The most successful and memorable urban environments are those in which walking down the street is appealing. Streets, plazas, parks, and other public spaces should be comfortable and inviting, and buildings fronting those spaces should be active and visually interesting at the pedestrian level. 3.Encourage creativity, architectural diversity, and exceptional design. Mixed-use is intended to promote high quality design, and the development review process for mixed-use projects is intended to promote flexibility. Standards and guidelines, as well as the development review process, are intended to support creativity and exceptional design while discouraging uniformity. 4.Promote sustainable development that minimizes negative impacts on natural resources. Creating a walkable, higher density residential district surrounding mixed-use districts supports sustainable development by providing an alternative to low density development in peripheral areas. In accordance with sustainable development principles, the mixed-use buildings and public spaces should be designed to minimize negative impacts on air and water quality and promote innovation in environmental design. b.Building Types Permitted The following building intent statements and illustrations have been provided to demonstrate the recommended building forms in the Low Intensity Mixed-Use (“MU- 1”) District. All intent statements are addresses through development standards set out in Section 4.1300C through G. 1.General Commercial: A development type with nonresidential uses. Ground- story spaces are flexible enough to accommodate a variety of nonresidential uses. Upper stories are used for offices and other types of compatible nonresidential uses. The front of the building is placed on, or very close to, the property line. On corner lots, the building side facingthe street is also placed on or near the side property line. No on-site surface parking is permitted between the building and the street. Primary entrances are prominent and street-facing. Large storefront windows are provided to encourage interaction between the pedestrian and the ground-story space. 2.Mixed-Use Shopfront: A development type with ground-story retail and upper- story residential or office uses. The front of the building is placed on, or very close to, the front property line. On cornerlots, the building side facing the street is also placed on or near the side property line. No on-site surface is permitted between the building and the street. Primary entrances are prominent and street- facing. Large storefront windows are provided to encourage interaction between the pedestrian and ground-story space. 3.Apartment/Condominiums: The front of the building is placed on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. The building often shares a common entrance. Primary entrances are prominent and street-facing. An elevated ground floor for residential uses is recommended to ensure privacy. Parking for an apartment/condominium building is allowed on the side or rear of the building, but the preferred method is at the rear of the building. 4.Townhouse: A building with three or more attached dwelling units consolidated into a single structure. The front of the building is faced on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. A townhouse unit is more than one story in height; however, units should not be vertically mixed. Parking access via a driveway or rear alley is required. An elevated ground floor for residential uses is recommended to ensure privacy. 5.Urban Manor House: A development/building with two to five attached dwelling units consolidated in a single structure. A manor house is located on a single lot and contains common walls. Dwelling units within a building may be situated either wholly or partially over or under other dwelling units. The front of the building is placed on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. The building has the appearance of a conventional single-family house with a single primary entrance except that a manor house with two dwelling units (duplex) may have one primary entrance for each unit provided itmeets the requirements of 4.1300D.8.F.iv. An elevated ground floor for residential uses is recommended to ensure privacy. Parking for a manor house is allowed on the side or rear of the building, but the preferred method is through traditional forms with detached garages at the rear when possible. 6.Single-Family House: The front of the building is placed on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. An elevated ground floor for residential uses is recommended to ensure privacy. Parking for a single-family home is allowed on the side or rear of the building, but the preferred method is through traditional forms with detached garages at the rear when possible. B.Uses In the Low Intensity Mixed-Use (“MU-1”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use table in Chapter 4, Article 12, and the supplemental standards of Chapter 5. In the Low Intensity Mixed-Use (“MU-1”) District, residential, commercial and institutional uses may occupy thesame building and lot.All projects must comply with the mix of use requirements described in Section 4.1300.H.1. C.Property Development Standards In the Low Intensity Mixed-Use (“MU-1”) District, the dimension of yards, the placement of the building, the minimum and maximum height of buildings, the minimum and maximum residential density, and the enhanced landscaping shall be as follows: 1.General yard development standards: Development shall be exempt from Chapter 6, Article 1, Sections 6.101B, 6.101C, 6.101E, and 6.101G. 2.Required street frontage: The intent of requiring building street frontage is to encourage a more prominent and continuous street wall to promote a multi-model, pedestrian friendly environment while reducing the visual dominanceof large surface parking lots. a.Primary Street: building facades shall be located within the area between the property line and the maximum setback for a minimum of 50 percent of the primary street frontage of the parcel. b.Side Street: applies only tocorner lots; building facades shall be located within the area between the property line and the maximum setback for a minimum of 30 percent of the side street frontage of the parcel. c.Required street frontage shall apply only to the ground floor of thebuilding. d.Required street frontage alternatives: These alternatives may count towards a portion of the required street frontage for the building, when meeting the following standards; i.Arcades: 100% ii.Residential garden court: 40% iii.Outdoor seating: 40% iv.Plaza: 40% 3.Front yard: 20 feet maximum setback, with the following provisions: a.Campus developments: Interior buildings constructed as part of a campus development may be set back from the property line more than 20 feet if at least 50 percent of the public street frontage on each block face within the development contains buildings within the maximum setback of 20 feet.Interior buildings set back farther than 20 feet may not be constructed unless and until this 50 percent requirement has been satisfied. b.Buildings may exceed the maximum 20-foot setback if angled, perpendicular, or parallel parking on private property meets the conditions of Section 4.1300.D.4.e.In these situations, the front yard setback shall be measured from thefront of the parking space instead of the property line, and the setback shall be no greater than 20 feet. c.Buildings on corner lots are required to meet the front yard maximum setback on primary and side streets. Note: A campus development is defined as a unified group of buildings and/or facilities located on a continuous parcel(s) and operated as a place of worship, school, or hospital. 4.Rear yard: 5 feet minimum setback. 5.Side yard: Setbacks are required when an abutting property with an existing building has windows facing to the side.Then, any new development or addition shall provide at least 10 feet of separation between the existing and new building. Note:Additional setback conditions are included in Section 4.1300.G Other Development Standards. 6.Minimum Height: 18 feet Note: Development in the Low Intensity Mixed-Use(“MU-1”) District is exempt from Section 6.100. Minimum building height for all uses shall be measured from the top of the finished slab to top of the highest wall façade. An unroofed and unenclosed rooftop terrace, and the enclosed stairwell or elevator providing access to the terrace, shall not be included in the measurement of total building height, as described in Section 6.100.5. 7.Maximum Height: a.45 feet, or 3 stories, whichever is less; or b.60 feet or 5 stories, whichever is less, if: i.Residential uses constitute 20 percent or more of a building’s gross floor area, and ii.Office, eating and entertainment, and/or retail sales and service use constitute 10 percent or more of the building’s gross floor area. Note:Development in the Low Intensity Mixed-Use ("MU-1") District is exempt from Section 6.100.Building height for all uses shall be measured from the top of the finished slab at grade level to the top of the highest wall top plate. An unroofed and unenclosed rooftop terrace, and the enclosed stairwell or elevator providing access to the terrace, shall not be included in the measurement of total building height, as described in Section 6.100.5. Stealth Telecommunication Towers are permitted to a height of 75 feet.The Urban Design Commission must approve the design of all Stealth Telecommunication Towers.Telecommunication Towers are permitted to a height of 60 feet as a Special Exception approved by the Board of Adjustment. 8.Minimum residential units per acre: None, except when a residential mixed use project is located within 1,320 feet of an entrance to an existing or approved passenger rail station or stop: 20 9.Maximum residential units peracre: 40; or70 if the project includes office, eating and entertainment, and/or retail sales and service uses that constitute at least 10 percent of gross floor area. D.Off-Street Parking and Loading 1.Commercial and Mixed-Use Parking Table: Requirement as a percentage of parking requirement listed in Section 6.201B Location MinimumMaximum Project not located within 250 feet of None100 percent One or Two Family zoned property Project located within 250 feet of One 75percent100 percent or Two Family zoned property and within 1,000 feet of an entrance to an existing or 50 percent100 percent approved passenger rail station or stop 2.Residential Parking Table: Building Type/UseRequirement 2 parking spaces located behind the front of the building Single-Family line per dwelling unit. 2 parking spaces per dwelling unit are required at the Townhouse rear of the primary structure and accessed via a driveway or rear alley. 2 spaces per dwelling unit plus 1 space per bedroom over three (3) bedrooms per Manor house (duplex) dwelling unit all located behind the front building line 0.75 to 1 off-street spaces required per bedroom, located behind the front building line* Manor house (apartment) and Plus 1 space per 250 square feet of common areas, Apartment/Condominium offices and recreation (less laundry rooms and storage) On-street parking along If the development is within 1,320 feet of a rail transit the lot frontage may be station applied toward the minimum parking 0.5 to 1 off-street spaces required per bedroom, located requirements, but shall behind the front building line* not reduce the applicable maximum parking Plus 1 space per 250 square feet of common areas, limitations. offices and recreation (less laundry rooms and storage) *All partial spaces are rounded up. 3.Bicycle Parking: See Section 6.204 4.Other Off-Street Parking and LoadingStandards a.The required off-street parking for any use may be located off-site, on property within 500 feet of the subject site. b.Adjacent on-street parking may be applied toward the minimum parking requirements, but shall not reduce the pertinent maximum parking limitations. c.For mixed-use buildings and projects the total parking requirement shall be the sum of the individual requirements for all uses. A joint use parking agreement, if executed according to the standards set forth in section d below, would allow a reduction in the total requirement for the mixed-use building or project. d.Joint use parking facilities may be used to meet minimum parking requirements. The total number of spaces shall not exceed the sum of the maximum spaces allowed for all individual uses sharing the facility. Joint use of required parking spaces may occur where two or more uses on the same site or on separate sites are able to share the same parking spaces because their parking demands occur at different times. Joint use of required parking spaces is allowed if the following documentation is submitted in writing as part of thebuilding permit application or site plan review: i.The names and addresses of the uses and of the owners or tenants that are sharing the parking; ii.The location and number of parking spaces that are being shared; iii.An analysis showing that the peak parking demands for the different uses occur at different times, and that the parking area will supply at least the minimum number of required spaces for each use during its respective peak parking times; and, iv.A legal instrument such as an easement or deed restriction that guarantees access to the joint parking for all uses. e.Surface parking shall not be permitted between a building front and the street, except that angled, perpendicular, or parallel parking that is designed to function as on- street parking shall be permitted if it meets the following three conditions: i.The City’s Traffic Engineer determines that the parking does not adversely affect public safety or circulation and satisfies the conditions described in Section 22- 175d of the City Code, ii.Each parking space is located adjacent to and is directly accessible from a public street or publically accessible private street, and iii.Surface parking permitted between a building front and the street (on-street parking) and the required pedestrian walkway shall be either dedicated as public right-of-way or be included in a public access easement recorded in the real property records of the county. In these situations, the front yard setback shall be measured from the front of the parking spaceinstead of the property line and the setback shall be no greater than 20 feet. f.Uses located in historically significant buildings shall be exempt from off-street parking requirements.For the purposes of this exemption, historically significant buildings shall include those determined by the Historic Preservation Officer to be eligible, based on the applicable criteria, for: i.Listing in the National Register of Historic Places; or ii.Local designation as either Historic and Cultural Landmark (“HC”) or Highly Significant Endangered (“HSE”). These requirements supersede the parking requirements of Section 6.201B.All other requirements of Chapter 6, Article 2 apply. g.These requirements supersede the parking requirements of section 6.201B. All other requirements of Chapter 6, Article 2 apply. E.Landscaping and Buffers. The requirements of Chapter 6, Article 3 apply, with the following provisions. 1.Bufferyard and Supplemental Building Setback. a.For the purposes of this section, the Low Intensity Mixed-Use (“MU-1”) District shall be considered a nonresidential district. b.A bufferyard and supplemental building setback are not required between the boundary of a one-or two-family development within the Low Intensity Mixed-Use (“MU-1”) District and an adjacent one-or two-family district. c.All uses, other than one-or two-family adjacent to one-and two-family districts, shall conform to the supplemental building setback and bufferyard width standards required for the Neighborhood Commercial (“E”) District, as described in Section 6.300.C. Area Requirements.In addition, a transitional height plane of 45 degrees shall apply to portions of a building above 45 feet or 3 stories, whichever is less; starting from the property line of the one-or two-family district. Any portion of a building above 45 feet or 3 stories, whichever is less, shall be set back so that the building does not encroach the transitional height plane; i.e., the portion of a building above 45 feet or 3 stories must be set back an additional foot for each additional foot in height, with the plane starting from the property line of the one-or two-family district.This standard is illustrated in Figure 4.1below.These supplemental building setback and transitional height plane requirements shall not apply to buildings adjacent to one-or two-family districts that serve as public open space, such as parks and drainage ways. Figure 4.1 .MU-1 Transitional Height Plane 2.Enhanced LandscapingPoint System Requirements. Enhanced landscaping must earn a minimum of 30 points (20 points in single-family house and urban manor houses with (2) units) that are awarded for providing and maintaining specific landscaping and : design features. The points are accumulated as follows Enhanced Landscaping System –30 points required (20 points in single-family houses and urban manor houses with (2) units) Points FeatureRequirement or example items Awarded 5% of net land area. Plaza shall be continuous w/ minimum area not less than 1,000 sq. ft. If 5% of net land Plaza15 area is greater than 2,000 square feet, multiple plazas are permitted. 5% of net land area w/ minimum area not less than 1,000 Playground15 sq. ft. 1 pt for every 250 sq. ft. w/ minimum area not less than Community garden5-15 1,250 sq. ft. Arcades, structural awnings, galleries, 50% of façade facing primary street or 25 linear ft., 10 balconies or other approved whichever is greater; 4 ft. minimum depth. pedestrian shelter Enhanced Landscaping System –30 points required (20 points in single-family houses and urban manor houses with (2) units) Points FeatureRequirement or example items Awarded Single family front porch50% of façade facing primary street10 Each 50 ft. segment of street frontage is required to have 2 streetscaping items. Items include but not are not limited to benches, trash receptacles, bike racks, and planters Enhanced streetscaping10 using materials appropriate forthe adjacent street and approved by the Transportation and Public Works Department. 1 light post for every 60 ft. of street frontage; style approved by the Transportation and Public Works Pedestrian-scaled lighting10 Department and consistent with otherpedestrian lights on the same block. 3% of net land area. Programmed recreation areas Programmed recreation include but are not limited to chess parks, bocce ball 10 area courts, and exercise/yoga facilities. As approved by the Planning and Development Director or designee. Public art installations include but are not limited to pieces of sculpture, murals, and water features Public art installationplanned and executed with the specific intention of being 10 sited or staged in the physical public domain, outside and accessible to all. Materials used are durable and resistant to graffiti and weather. Required spacing: Street trees10 Small/Medium Canopy 25 –30 ft. Large Canopy 35 –40 ft. Window awnings, shallow door canopies, or other 25% of façade facing primary street or 15 linear ft, façade features that are not whichever is greater. Multiple features (i.e. awnings) may 5 intended to provide add up to the required amount. pedestrian shelter (less than 4 ft in depth) Programmed sitting area/public outdoor dining Minimum 15 seats5 area Proximity to a public parkWithin 500 ft5 Xeriscaping, on-site stormwater management, rain Sustainable landscaping5 gardens, bio-swales, etc. Rooftop terraceMinimum 200 sq. ft.5 Paved walkway 1pt for every additional foot of sidewalk width over the 1-11 enhancementCity standard (up to a 15 ft wide sidewalk total) a.Points shall be awarded only one for each feature category, per project. b.Submittal of Landscape Plan.The location and description of decorative paving, sidewalk furniture or other decorative elements, if any, shall be indicated on the landscape plan. c.Landscape Area Required. Section 6.301H “Landscape Area Required” does not apply to developments in the MU-1 district; except i.All landscaped areas shall be located outside the perimeter of the footprint of a building or structure; protected by wheel stops, curbs or other physical barriers where adjacent to vehicle use areas; and be covered with grass, organic mulch or low maintenance groundcover. (Section 6.301.H.1.b.) ii.Landscaped bioretention areas are encouraged for natural drainage channels to reduce runoff and increase infiltration of water into the soil. (Section 6.301.H.2.b.) iii.When there is a front yard setback of at least five feet, front yard landscaping is required for areas outside the ground level patios, parkways and pedestrian walkways. Front yard landscaping must adhere to the shrub and native plants as listed in Table 6.8, Table A of Section 6.301.H. as well as otherapplicable regulations described or referenced within the MU-1 regulations. d.Irrigation.An irrigation system shall be installed to provide total water coverage to all plant materials installed pursuant to Section 6.301.I “Irrigation”. e.Miscellaneous Requirements.In addition to required trees and shrubs, all of the required landscape area must be covered with grass, organic mulch, live groundcover, decorative paving, sidewalk furniture or other decorative elements. 3.Landscaping in Parking and Driveway Areas. a.Landscape islands, linear landing strips, bio-swales, or rain gardens shall be required in parking lots with 12 or more parking spaces. All landscape islands and strips shall have at least one tree. b.Every parking space is required to be not more than 60 feet from a medium or large canopy tree planted within a median, strip or island measured from the trunk at planting. c.Required size of landscape islands and linear landscaping strips containing trees: i.Within parking lots with non-porous surfaces: 130 square feet; 8 feet minimum width ii.Planted in Structural Soil: 64 square feet; 8 feet minimum width. The use of an approved structural soil shall be limited to landscape islands and adjacent walkways and parking areas necessary forproper tree growth. Structural soils shall not be used for fire lanes in parking lots. iii.Within parking lots with approved porous surfaces for parking areas excluding fire lanes: 16 square feet. Tree trunks should be protected by wheel stops or other physical barriers excluding curbs. iv.Linear landscaping strips are encouraged in lieu of landscaping islandswhere possible. d.Parking lots shall be screened from public right-of-way with landscaping, berms, fences, or walls 36 to 42 inches in height. e.Driveways that are located adjacent and parallel to a public street shall be screened from the public right-of-way with landscaping, berms, fences, or walls 36 to 42 inches in height. F.Façade Design Standards for New Construction. Projects that clearlyconform to all façade design standards maybe approved administratively by the Planning & Development Director or designee. A waiver from the faced design standards may be granted by the Urban Design Commission (UDC) in accordance with the applicable development principles and standards. 1.Required Drawings –To illustrate compliance with the following standards, elevation drawings shall be submitted to the Planning & Development Department for those building facades that are oriented to: a.public streets, b.private streets and walkways that are publicly accessible through a public use easement, or c.publicly accessible open space. 2.Façade Variation a.Scaling Elements: Each new building façade oriented to a publicly accessible street or open spaceshall at a minimum incorporate threeor more of the following four scaling elements for building façades greater than50 ft. in width, and at least twoof the following elements for building facades less than 50 ft. in width: i.Expression of building structural elements such as: a.)Floors (banding, belt courses, etc. not less than one inch deep and four inches wide), b.)Columns (pilasters, piers, quoins, etc. not less than four inches deep and six incheswide), or c.)Foundation (water tables, rustication); ii.Variation in wall plane (not less than fourinches) through the use of projecting and recessed elements.Such elements could include patterns of door and window openings (and the use of sills, mullions, and other scale providing window elements), and/or more pronounced architectural features, such as porches, alcoves, and roof dormers; iii.Changes in material or material pattern.Each change of material shall involve a minimum oneinch variation in wall plane; and iv.Noticeable changes in coloror shade. b.New building facades oriented to a publicly accessible street or open space shall include differentiation between the first and second level and the upper levels with a cornice, canopy, balcony, arcade, or other architectural feature. c.If a project consists of more than one block face, each sequential block of new construction shall contain a different building façade to encourage architectural variety within large projects, using the required architectural elements listed in Section a.i. above and/or other architectural features. d.New multifamily residential building facades oriented to a publicly accessible street or open space shall include at least two variations in wall plane per 100 linear feet of street frontage. Variations shall be not less than three feet in depth or projection and not less than two stories in height for multi-story building. 3.Fenestration. New single use commercial and mixed-use building facades fronting on publicly accessible streets or open space shall meet the following requirements: Fenestration Requirement Project TypePrimary StreetSide Street Mixed-Use Ground Story from 2 feet to 12 feet above grade60 percent40 percent Upper Stories25 percent25 percent Commercial Ground Story from 2 feet to12 feet above grade60 percent40 percent Upper Stories25 percent25 percent Residential NoneNone a.Clear glazing must have a visible transmittance rating of 0.5 or greater to count towards the fenestration requirement. b.Fenestration alternatives. The following alternatives may count towards meeting the fenestration requirement and can be used in singular or in combination. If used in combination, they may count no more then 70 percent of the fenestration requirement. Fenestration Alternatives AlternativePercent towards requirement Windows at the ground story but outside the 2-12 feet zone40 percent Wall mounted or recessed display cases at least 4 feet high40 percent Walk-up automated teller machines, video rental or similar kiosk40 percent Green screen system, planter walls, or similar vegetation40 percent Translucent, fritted, patterned, or color glazing40 percent Outdoor dining/seating located between the building and street60 percent 4.Building Materials. Not less than 70 percent of all new building facades (not including door and window areas) facing publicly accessible streets or open space shall be constructed of the following masonry materials: stone, brick, terra cotta, patterned pre- cast concrete, cementplaster stucco,cementboard siding, cast stone or prefabricated brick panels. 5.Building Entries a.Building entrances shall incorporate arcades, roofs, porches, alcoves or awnings that protect pedestrians from the sun and rain. b.Primary entrances shall be provided at intervals not to exceed 125 linear feet of street-oriented residential building frontage. c.Townhouses and other similar street level dwelling units within multi-unit structures shall have individual street-oriented entries for each unit. d.Manor Houses shall have a single primary entrance provided however, that a Manor House with two dwelling units (duplex) may have one primary entrance for each unit. Each primary entrance must be provided under a shared porch or one of the entrances must be accessed from a side façade of the structure. 6.Commercial and Mixed-Use Roof Design. Roof slopeshall not be greater than 1:12 on all single-story buildings. Sloped roof elements, including but not limited to mansard roofs, half-false roofs and towers are allowed. 7.Parking Structure Façade Standards a.Buildings shall not have exposed structural parking at the ground floor level. b.A parking structure façade that faces a public street shall be designed toincorporate contextual architectural elements that complement adjacent buildingsor buildings in the area. c.Parking structure openings shall not exceed 50 percent of the total ground floor façade G.Other Development Standards. Development in the Low Intensity Mixed-Use (“MU-1”) District shallbe subject to the pertinent development standards in Chapter 6, and the following provisions: 1.Signs. See Chapter 6, Article 4 for requirements and the following provisions: a.In addition to signs allowed in Chapter 6, Article 4, one or more attached project identifier or wayfinding signs may be erected on each façade of the occupied space. The signs may have a total area of 10% of the area of the façade to which the signs are attached, with a maximum aggregate area of 500 square feet per façade. Doors and windows shall be included in the calculation of the façade area. The façade area shall be calculated by multiplying the width times the height, with a maximum calculated height of 15 feet. For structures exceeding 15 feet in height, allowable sign square footage shall be calculated as .75 square feet per linear of building façade. 2.Residential Design Standards. Multifamilydevelopments are exempt from the requirements of Section 6.506 “Unified Residential Development”. 3.Outdoor Storage or Display. Outdoor storage or displayrequirements for the Neighborhood Commercial (“E”) District shall apply to the Low Intensity Mixed-Use (“MU- 1”) District. 4.Entrances. In order to create a pedestrian-oriented environment in which buildings are oriented toward publicly accessible streets and sidewalks, a principle building must have its main entrance from a public sidewalk or plaza, or from a private sidewalk or plaza that is publicly accessible through a public use easement. The main entrance shall not be from a public parking lot. Secondary entrances from parking lots are permitted. Interior buildings constructed as part of a campus development are exempt from these requirements. 5.Fences and Gates. In order to promote pedestrian-oriented developments, exterior security fences and gates that are located along public streets, along private streets or walkways that are publicly accessible through a public use easement, or along publicly accessible open space shall not extend beyond building facades; i.e., these fences shall notbe located in the area between building facades and the property line. Fences not exceeding 4 feet in height, however, may extend beyond the building façade of attached or detached single family house or townhouse developments in mixed-use zoning districts (see ‘5.305 Fences’ B.2. for fence development standards). 6.Development Standards Applicable to Privately Owned streets and Drives with Public Access Easements. Private streets and drives with public access easements shall be considered public streets or rights-of-way for the purposes of review for compliance with setbacks, parking, screening, façade variations, fenestration, and other MU-1 design requirement normally based on streets. H.Administrative Review Requirements 1.Conceptual Land Use Plan. Developers of projects equal to or larger than 3 acres in size shall submit a conceptual land use plan for approval by the Planning and Development Director. The conceptual land use plan must be approved before a building permit application is accepted by the Planning and Development Department.The Planning and Development Director may require a conceptual land use plan for a project smaller than 3 acres if the project is part of a development equal to or larger than 3 acres in size. a.The conceptual land use plan shall illustrate the proposed location of land uses on the site, using the following land use categories: i.One-or two-family residential, ii.Multifamily residential, iii.Commercial, iv.Institutional, v.Mixed-use buildings (a mix of residential and non-residential within the same building, meeting the percentage requirements defined in Section 4.1300.C.7.b), or vi.Public Park. vii.Parking facilities and private open spaces shall be classified the same as the primary land use they serve. b.Project Test -The conceptual land use plan shall show that the proposed project includes uses within at least two of the land use categories, and that no land use category other than mixed-use buildings occupies greater than 70 percent of the total land area.The land use area percentages shall be calculated using property information obtained from the applicable tax appraisal district.If a development does not comply with this test, then the vicinity test described below shall apply. c.Vicinity Test -Developments in whicha single land use other than mixed-use buildings exceeds 70 percent of the site’s total land area are permitted if: i.The Planning and Development Director determines that the following conditions are satisfied: a)The proposed land use at any location within the proposed development site must be within a walking distance of 1,000 feet of a different land use, as measured by the shortest pedestrian route, and b)The percentage of any single land use category other than mixed-use buildings within a 1,000-foot radius of any location within the proposed development site shall not be greater than 70 percent of the land area within the radius.The proposed development shall be included in the calculation of this percentage. Or ii.The Planning and DevelopmentDirector determines that the developer has demonstrated that unique site conditions (e.g. adjacency to natural features, highways, freight yards, etc.) make compliance with the conditions of section i. above impractical in certain areas of the developmentsite. 2.Conceptual Site Plan. In order to facilitate compliance with the mixed-use zoning standards, developers shall submit a conceptual site plan to the Planning and Development Department for administrative review prior to submittal of permit applications for new construction projects.The site plan shall show the anticipated location of proposed streets, sidewalks and walkways, building footprints, parking areas, landscaped areas and features, and open space. 4.1301Low Intensity Greenfield Mixed-Use ("MU-1G") District A.Purpose and Intent 1.Purpose. The purpose of the MU-1G zoning classification is to promote pedestrian- oriented, mixed-use development in undeveloped areas designated in the Comprehensive Plan as future mixed-use growth centers.The MU-1G regulations are intended to encourage the development of neighborhood-scale activity centers in which a variety of housing types may exist among neighborhood-serving commercialand institutional uses. Minimum Development Site Land Area:MU-1G shall only be used for large-scale development sites of at least 100 acres.These development sites of at least 100 acres may include a combination of contiguous MU districts (i.e. MU-1, MU-1G, MU-2, MU-2G, PD/MU).Public rights of way may be included in the calculation of a site’s size. 2.Intent Statements a.General Development Principles 1. Promote a pedestrian-oriented urban form. In contrast to conventional zoning standards that place a primary emphasis on the regulation of land uses, mixed- use development standards and guidelines focus on promoting a walkable, urban form of development, consistent with the surrounding area’s historic urban character. The focus on form promotes buildings that conform to tested urban design principles. 2.Require excellence in the design of the public realm and of buildings that front public spaces. The most successful and memorable urban environments are those in which walking down the street is appealing. Streets, plazas, parks, and other public spaces should be comfortable and inviting, and buildings fronting those spaces should be active and visually interesting at the pedestrian level. 3.Encourage creativity, architectural diversity, and exceptional design. Mixed- use is intended to promote high quality design, and the development review process for mixed-use projects is intended to promote flexibility. Standards and guidelines, as well as the development review process, are intended to support creativity and exceptional design while discouraging uniformity. 4.Promote sustainable development that minimizes negative impacts on natural resources. Creating a walkable, higher density residential district surrounding mixed-use districts supports sustainable development by providing an alternative to low-density development in peripheral areas. In accordance with sustainable development principles, the mixed-use buildings and public spaces should be designed to minimize negative impacts on air and waterquality and promote innovation in environmental design. b.Building Types Permitted The following building intent statements and illustrations have been provided to demonstrate the recommended building forms in the Low Intensity Mixed-Use (“MU-1G”) District. All intent statements are addressed through development standards set out in Section 4.1301C through G. 1.General Commercial: A development type with nonresidential uses. Ground- story spaces are flexible enough to accommodate a variety of nonresidential uses. Upper stories are used for offices or other types of compatible nonresidential uses. The front of the building is placed on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. No on-site surface parking is permitted between the building and the street. Primary entrances are prominent and street facing. Large storefront windows are provided to encourage interaction between the pedestrian and the ground story space. 2.Mixed-Use Shopfront: A development type with ground-story retail and upper- story residential or office uses. The front of the building is placed on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. No on-site surface parking is permitted between the building and the street. Primary entrances are prominent and street facing. Large storefront windows are provided to encourage interaction between the pedestrian and the ground-story place. 3.Apartment/Condominiums: The front of the building is placed on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line.The building often shares a common entrance. Primary entrances are prominent and street-facing. An elevated ground floor for residential uses is recommended to ensure privacy. Parking for an apartment/condominium building is allowed on the side or rear ofthe building, but the preferred method is at the rear of the building. 4.Townhouse: A building with three or more attached dwelling units consolidated into a single structure. The front of the building is faced on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. A townhouse unit is more than one story in height; however, units should not be vertically mixed. Parking access via a driveway or rear alley is required. An elevated ground floor for residential uses is recommended to ensure privacy. 5.Urban Manor House: A development/building with two to five attached dwelling units consolidated in a single structure. A manor house is located on a single lot and contains common walls. Dwelling units within a building may be situated either wholly or partially over or under other dwelling units. The front of the building is placed on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. The building has the appearance of a conventional single-family house with a single primary entrance except that a manor house with two dwelling units (duplex) may have one primary entrance for each unit provided itmeets the requirements of 4.1301D.8.f.iv. An elevated ground floor for residential uses is recommended to ensure privacy. Parking for a manor house is allowed on the side or rear of the building, but the preferred method is through traditional forms with detached garages at the rear when possible. 6.Single-Family House: The front of the building is placed on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. An elevated ground floor for residential uses is recommended to ensure privacy. Parking for a single-family home is allowed on the side or rear of the building, but the preferred method is through traditional forms with detached garages at the rear when possible. B.Uses In the Low Intensity Greenfield Mixed-Use (“MU-1G”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use table in Chapter 4, Article 12, and the supplemental standards of Chapter 5. In the Low Intensity Greenfield Mixed-Use (“MU-1G”) District, residential, commercial and institutional uses may occupy the same building and lot.All projects must comply with the mix of use requirements described in Section 4.1301.H.1. One-family detached residential lots shall not exceed 10,000 square feet. C.Property Development Standards In the Low IntensityGreenfieldMixed-Use (“MU-1G”) District, the dimension of yards, the placement of the building, the minimum and maximum height of buildings, the minimum and maximum residential density, and the enhanced landscaping shall be as follows: 1.General yard development standards: Development shall be exempt from Chapter 6, Article 1, Sections 6.101B, 6.101C, 6.101E, and 6.101G. 2.Required street frontage: The intent of requiring building street frontage is to encourage a more prominent and continuous street wall to promote a multi-model, pedestrian friendly environment while reducing the visual dominance of large surface parking lots. a.Primary Street: building facades shall be located within the area between the property line and the maximum setback for a minimum of 50 percent of the primary street frontage of the parcel. b.Side Street: applies only to corner lots; building facades shall be located within the area between the property line and the maximum setback for a minimum of 30 percent of the side street frontage ofthe parcel. c.Required street frontage shall apply only to the ground floor of the building. d.Required street frontage alternatives: These alternatives may count towards a portion of the required street frontage for the building, when meeting the following standards; i.Arcades: 100% ii.Residential garden court: 40% iii.Outdoor seating: 40% iv.Plaza: 40% 3.Front yard: 20 feet maximum setback, with the following provisions: a.Campus developments: Interior buildings constructed as part of a campus development may be set back from the property line more than 20 feet if at least 50 percent of the public street frontage on each block face within the development contains buildings within the maximum setback of 20 feet.Interior buildings set back fartherthan 20 feet may not be constructed unless and until this 50 percent requirementhas been satisfied. b.Buildings may exceed the maximum 20-foot setback if angled, perpendicular, or parallel parking on private property meets theconditions of Section 4.1301.D.4.e.In these situations, the front yard setback shall be measured from the front of the parking space instead of the property line, and the setback shallbe no greater than 20 feet. c.Buildings on corner lots are required to meet the front yard maximum setback on primary and side streets. d.To allow convenient access to parking from the front entrances of large retail buildings greater than 50,000 square feet, the building side of any internal street with a public access easement may serve as theline from which the setback is measured.The total ground floor area of buildings utilizing this exception, however, shall constitute no more than 50 percent of the total ground floor area of buildings shown on the conceptual site plan. Note: A campus development is defined as a unified group of buildings and/or facilities located on a contiguous parcel(s) and operated as a place of worship, school, or hospital. 4.Rear yard: 5 feet minimum setback. 5.Side yard: Setbacks are required when an abutting property with an existing building has windows facing to the side.Then, any new development or addition shall provide at least 10 feet of separation between the existing and new building. Note:Additional setback conditions are included in Section 4.1301.G. Other Development Standards. 6.Minimum Height: 18 feet Note:Development in the Low Intensity Mixed-Use (“MU-1G”) District is exempt from Section 6.100. Minimum building height for all uses shall be measured from the top of the finished slab to top ofthe highest wall façade. An unroofed and unenclosed rooftop terrace, and the enclosed stairwell or elevator providing access to the terrace, shall not be included in the measurement of total building height, as described in Section 6.100.5. 7.Maximum Height: a.45 feet, or 3 stories, whichever is less; or b.60 feet or 5 stories, whichever is less, if: i.Residential uses constitute 20 percent or more of a building’s gross floor area, and ii.Office, eating and entertainment, and/or retail sales and service use constitute 10 percent or more of the building’s gross floor area. Note: Development in the Low Intensity Greenfield Mixed-Use ("MU-1G") District is exempt from Section 6.100.Maximum building height for all uses shall be measured from the top of the finished slab at grade level to the top of the highest wall top plate. An unroofed and unenclosed rooftop terrace, and the enclosed stairwell or elevator providing access to the terrace, shall not be included in the measurement of total building height, as described in Section 6.100.5. Stealth Telecommunication Towers are permitted to a height of 75 feet.The Urban Design Commission must approve the design of all Stealth Telecommunication Towers.Telecommunication Towers are permitted to a height of 60 feet as a Special Exception approved by the Board of Adjustment. 8.Minimum residential units per acre: None; except when a residential or mixed use project is located within 1,320 feet of an entrance to an existing or approved passenger rail stationor stop: 20 9.Maximum residential units per acre : a.40; or b.70 if the project includes office, eating and entertainment, and/or retail sales and service uses that constitute at least 10 percent of gross floor area. D.Off-Street Parking and Loading. 1.Commercial and Mixed-Use Parking Table: Requirement as a percentage of parking requirement listed in Section 6.201B Location MinimumMaximum Project not located within 250 feet of None100 percent One or Two Family zoned property Project located within 250 feet of One 75 percent100 percent or Two Family zoned property and within 1,000 feet of an entrance to an existing or 50 percent100 percent approved passenger rail station or stop 2.Residential Parking Table: Building Type/UseRequirement 2 parking spaces located behind the front of the Single Family building line per dwelling unit. 2 parking spaces per dwelling unit are required at the rear of the primary structure and accessed via a Townhouse driveway or rear alley. 2 spaces per dwelling unit plus 1 space per bedroom over three (3) bedrooms per Manor house (duplex) dwelling unit all located behind the front building line Manor house (apartment) 0.75 to 1 off-street spaces required per bedroom, andlocated behind the front building line* Apartment/Condominium Plus 1 space per 250 squarefeet of common areas, On-street parking along offices and recreation (less laundry rooms and storage) the lot frontage may be applied toward the If the development is within 1,320 feet of a rail transit minimum parking station requirements, but shall not reduce the applicable 0.5 to 1 off-street spaces required per bedroom, maximum parking located behind the front building line* limitations. Plus 1 space per 250 square feet of common areas, offices and recreation (less laundry rooms and storage) *All partial spaces are rounded up. 3.Bicycle Parking: See Section 6.204 4.Other Off-Street Parking and LoadingStandards a.The required off-street parking for any use may be located off-site, on property within 500 feet of the subject site. b.Adjacent on-street parking may be applied toward the minimum parking requirements, but shall not reduce the pertinent maximum parking limitations. c.For mixed-use buildings and projects the total parking requirement shall be the sum of the individual requirements for all uses. A joint use parking agreement, if executed according to the standards set forth in section d below, would allow a reduction in the total requirement for the mixed-use building or project. d.Joint use parking facilities may be used to meet minimum parking requirements. The total number of spaces shall not exceed the sum of the maximum spaces allowed for all individual uses sharing the facility. Joint useof required parking spaces may occur where two or more uses on the same site or on separate sites are able to share the same parking spaces because their parking demands occur at different times. Joint use of required parking spaces is allowed if the following documentation is submitted in writing as part of the building permit application or site plan review: i.The names and addresses of the uses and of the owners or tenants that are sharing the parking; ii.The location and number of parking spaces thatare being shared; iii.An analysis showing that the peak parking demands for the different uses occur at different times, and that the parking area will supply at least the minimum number of required spaces for each use during its respective peak parking times; and, iv.A legal instrument such as an easement or deed restriction that guarantees access to the joint parking for all uses. e.Surface parking shall not be permitted between a building front and the street, except that angled, perpendicular, or parallel parking that is designed to function as on- street parking shall be permitted if it meets the following three conditions: i.The City’s Traffic Engineer determines that the parking does not adversely affect public safety or circulation and satisfies the conditions described in Section 22- 175d of the City Code, ii.Each parking space is located adjacent to and is directly accessible from a public street or publically accessible private street, and iii.Surface parking permitted between a building frontand the street (on-street parking) and the required pedestrian walkway shall be either dedicated as public right-of-way or be included in a public access easement recorded in the real property records of the county. In these situations, the front yard setback shall be measured from the front of the parking space instead of the property line and the setback shall be no greater than 20 feet. f.Uses located in historically significant buildings shall be exempt from off-street parking requirements.For the purposes of this exemption, historically significant buildings shall include those determined by the Historic Preservation Officer to be eligible, based on the applicable criteria, for: i.Listing in the National Register of Historic Places; or ii.Localdesignation as either Historic and Cultural Landmark (“HC”) or Highly Significant Endangered (“HSE”). g.These requirements supersede the parking requirements of Section 6.201B.All other requirements of Chapter 6, Article 2 apply. E.Landscaping and Buffers. The requirements of Chapter 6, Article 3 apply, with the following provisions. 1.Bufferyard and Supplemental Building Setback. a.For the purposes of this section, the Low Intensity Greenfield Mixed-Use (“MU-1G”) District shall be considered a nonresidential district. b.A bufferyard and supplemental building setback are not required between the boundary of a one-or two-family development within the Low Intensity Greenfield Mixed-Use (“MU-1G”) District and an adjacent one-or two-family district. c.All uses, other than one-or two-family adjacent to one-and two-family districts, shall conform to the supplemental building setback and bufferyard width standards required for the Neighborhood Commercial (“E”) District, as described in Section 6.300.C. Area Requirements.In addition, a transitional height plane of 45 degrees shall apply to portions of a building above 45 feet or 3 stories, whichever is less; starting from the property line of the one-or two-family district. Any portion of a building above 45 feet or 3 stories, whichever is less, shall be set back so that the building does not encroach the transitional height plane; i.e., the portion of a building above 45 feet or 3 stories must be set back an additional foot for each additional foot in heightwith the plane starting from the property line of the one-or two-family district.This standard is illustrated in Figure 4.2 below.These supplemental building setback and transitional height plane requirements shall not apply to buildings adjacent to one-or two-family districts that serve as public open space, such as parks and drainage ways. Figure 4.2.MU-1G Transitional Height Plane 2.Enhanced LandscapingPoint System Requirements. Enhanced landscaping must earn a minimum of 30points (20 points in single-family house and urban manor houses with (2) units) that are awarded for providing and maintaining specific landscaping and : design features. The points are accumulated as follows Enhanced Landscaping System –30 points required (20 points in single-family houses and urban manor houses with (2) units) Points FeatureRequirement or example items Awarded 5% of net land area. Plaza shall be continuous w/ minimum area not less than 1,000 sq. ft. If 5% of net land Plaza15 area is greater than 2,000 square feet, multiple plazas are permitted. 5% of net land area w/ minimum area not less than 1,000 Playground15 sq. ft. Community garden1 pt for every 250 sq. ft. w/ minimum area not less than 5-15 Enhanced Landscaping System –30 points required (20 points in single-family houses and urban manor houses with (2) units) Points FeatureRequirement or example items Awarded 1,000 sq. ft. Arcades, structural50% of façade facing primary street or 25 linear ft., awnings, galleries, whichever is greater; 4 ft. minimum depth. 10 balconies or other approved pedestrian shelter Single family front porch50% of façade facing primary street10 Each 50 ft. segment of street frontage is required to have 2 streetscaping items. Items include but not are not limited to benches, trash receptacles, bike racks, and planters Enhanced streetscaping10 using materials appropriate for the adjacent street and approved by the Transportation and Public Works Department. 1 light post for every 60 ft. of street frontage; style approved by the Transportation and Public Works Pedestrian-scaled lighting10 Department and consistent with other pedestrian lights on the same block. 3% of net land area. Programmed recreation areas Programmed recreation include but are not limited to chess parks, bocce ball 10 area courts, and exercise/yoga facilities. As approved by the Planning and Development Director or designee. Public art installations include but are not limited to pieces of sculpture, murals, and water features Public art installationplanned and executed with the specific intention of being 10 sited or staged in the physical public domain, outside and accessible to all. Materials used are durable and resistant to graffiti and weather. Required spacing: Street treesSmall/Medium Canopy 25 –30 ft.10 Large Canopy 35 –40 ft. Window awnings, shallow door canopies, or other 25% of façade facing primary street or 15 linear ft, façade features that are not whichever is greater. Multiple features (i.e. awnings) may 5 intended to provide add up to the required amount. pedestrian shelter (less than 4 ft in depth) Programmed sitting area/public outdoor dining Minimum 15 seats5 area Proximity to a public parkWithin 500 ft5 Xeriscaping, on-site stormwater management, rain Sustainable landscaping5 gardens, bio-swales, etc. Rooftop terraceMinimum 200 sq. ft.5 Paved walkway 1 pt for every additional foot of sidewalk widthover the 1-11 enhancementCity standard (up to a 15 ft wide sidewalk total) a.Points shall be awarded only one for each feature category, per project. b.Submittal of Landscape Plan.The location and description of decorative paving, sidewalk furniture or other decorative elements, if any, shall be indicated on the landscape plan. c.Landscape Area Required. Section 6.301.H“Landscape Area Required” does not apply to developments in the MU-1G district; except i.All landscaped areas shall be located outside the perimeter of the footprint of a building or structure; protected by wheel stops, curbs or other physical barriers where adjacent to vehicle use areas; and be covered with grass, organic mulch or low maintenance groundcover. (Section 6.301.H.1.b.) ii.Landscaped bioretention areas are encouraged for natural drainage channels to reduce runoff and increase infiltration of water into the soil. (Section 6.301.H.2.b.) iii.When there is a front yard setback of at least five feet, front yard landscaping is requiredfor areas outside the ground level patios, parkways and pedestrian walkways. Front yard landscaping must adhere to the shrub and native plants as listed in Table 6.8, Table A of Section 6.301.H. as well as other applicable regulations described or referenced within the MU-1G regulations. d.Irrigation.An irrigation system shall be installed to provide total water coverage to all plant materials installed pursuant to Section 6.301.I “Irrigation”. e.Miscellaneous Requirements.In addition to required trees and shrubs, all of the required landscape area must be covered with grass, organic mulch, live groundcover, decorative paving, sidewalk furniture or other decorative elements. 3.Landscaping in Parking and Driveway Areas. a.Landscape islands, linearlanding strips, bio-swales, or rain gardens shall be required in parking lots with 12 or more parking spaces. All landscape islands and strips shall have at least one tree. b.Every parking space is required to be not more than 60 feet from a medium or large canopy tree planted within a median, strip or island measured from the trunk at planting. c.Required size of landscape islands and linear landscaping strips containing trees: i.Within parking lots with non-porous surfaces: 130 square feet; 8 feet minimum width ii.Planted in Structural Soil: 64 square feet; 8 feet minimum width. The use of an approved structural soil shall be limited to landscape islands and adjacent walkways and parking areas necessary for proper tree growth. Structural soils shallnot be used for fire lanes in parking lots. iii.Within parking lots with approved porous surfaces for parking areas excluding fire lanes: 16 square feet. Tree trunks should be protected by wheel stops or other physical barriers excluding curbs. iv.Linear landscaping strips are encouraged in lieu of landscaping islandswhere possible. v.Parking lots shall be screened from the public right-of-way with landscaping, berms, fences or walls 36 to 42 inches in height. vi.Driveways that are located and parallel to a public street shall be screened from the public right-of-way with landscaping, berms, fences, or walls 36 to 42 inches in height. FFaçade Design Standards for New Construction. .Projects that clearly conform to all façade design standards maybe approved administratively by the Planning & Development Director or designee. A waiver from the faced design standards may be granted by the Urban Design Commission (UDC) in accordance with the applicable development principles and standards. Large Retail Stores – Large retail stores greater than 50,000 square feet are exempt from the regulations of this section 8 “Façade Design Standards for New Construction,” but shall conform to the design standards for large retail stores listed in Section 5.134 of the zoning ordinance. 1.Required Drawings –To illustrate compliance with the following standards, elevation drawings shall be submitted to the Planning & Development Department for those building facades that are oriented to: a.public streets, b.private streets and walkways that are publicly accessible through a public use easement, or c.publicly accessible open space. 2.Façade Variation a.Scaling Elements: Each new building façade oriented to a publicly accessible street or open space shall at a minimum incorporate threeor more of the following four scaling elements for building façades greater than50 ft. in width, and at least twoof the following elements for building facades less than 50 ft. in width: i.Expression of building structural elements such as: a)Floors (banding, belt courses, etc. not less than one inch deep and four inches wide), b)Columns (pilasters, piers, quoins, etc. not less than four inches deep and six incheswide), or c)Foundation (water tables, rustication); ii.Variationin wall plane (not less than fourinches) through the use of projecting and recessed elements.Such elements could include patterns of door and window openings (and the use of sills, mullions, and other scale providing window elements), and/or more pronounced architectural features, such as porches, alcoves, and roof dormers; iii.Changes in material or material pattern.Each change of material shall involve a minimum oneinch variation in wall plane; and iv.Noticeable changes in coloror shade. b.Newbuilding facades oriented to a publicly accessible street or open space shall include differentiation between the first and second level and the upper levels with a cornice, canopy, balcony, arcade, or other architectural feature. cIf a project consistsof more than one block face, each sequential block of new construction shall contain a different building façade to encourage architectural variety within large projects, using the required architectural elements listed in Section a.i. above and/or other architectural features. d.New multifamily residential building facades oriented to a publicly accessible street or open space shall include at least two variations in wall plane per 100 linear feet of street frontage. Variations shall be not less than three feet in depth or projection and not less than two stories in height for multi-story building. 3.Fenestration. New single use commercial and mixed-use building facades fronting on publicly accessible streets or open space shall meet the following requirements: Fenestration Requirement Project TypePrimary StreetSide Street Mixed-Use Ground Story from 2 feet to 12 feet above grade60 percent40 percent Upper Stories25 percent25 percent Commercial Ground Story from 2 feet to 12 feet above grade60 percent40 percent Upper Stories25 percent25 percent Residential NoneNone a.Clear glazing must have a visible transmittance rating of 0.5 or greater to count towards the fenestration requirement. b.Fenestration alternatives. The following alternatives may count towards meeting the fenestration requirement and can be used in singular or in combination. If used in combination, they may count no more then 70 percent of the fenestration requirement. Fenestration Alternatives AlternativePercent towards requirement Windows at the ground story but outside the 2-12 feet zone40 percent Wall mounted or recessed display cases at least 4 feet high40 percent Walk-up automated teller machines, video rental or similar kiosk40 percent Green screen system, planter walls, or similar vegetation40 percent Translucent, fritted, patterned, or color glazing40 percent Outdoor dining/seating located between the building and street60 percent 4.Building Materials. Not less than 70 percent of all new building facades (not including door and window areas) facing publicly accessible streets or open space shall be constructed of the following masonry materials: stone, brick, terra cotta, patterned pre- cast concrete, cementplaster stucco, cementboard siding, cast stone or prefabricated brick panels. 5.Building Entries a.Building entrances shall incorporate arcades, roofs, porches, alcoves or awnings that protect pedestrians from the sun and rain. b.Primary entrances shall be provided at intervals not to exceed 125 linear feet of street-oriented residential building frontage. c.Townhouses and other similar street level dwelling units within multi-unit structures shall have individual street-oriented entries for each unit. d.Manor Houses shall have a single primary entrance provided however, that a Manor House with two dwelling units (duplex) may have one primary entrance for each unit. Each primary entrance must be provided under a shared porch or one of the entrances must be accessed from a side façade of the structure. 6.Commercial and Mixed-Use Roof Design. Roof slopeshall not be greater than 1:12 on all single-story buildings. Sloped roof elements, including but not limited to mansard roofs, half-false roofs and towers are allowed. 7.Parking Structure Façade Standards a.Buildings shall not have exposed structural parking at the ground floor level. b.A parking structure façade that faces a public street shall be designed toincorporate contextual architectural elements that complement adjacent buildingsor buildings in the area. c.Parking structure openings shall not exceed 50 percent of the total ground floor façade. G.Other Development Standards. Development in the Low Intensity Greenfield Mixed-Use (“MU- 1G”) District shallbe subject to the pertinent development standards in Chapter 6, and the following provisions: 1.Signs. See Chapter 6, Article 4 for requirements and the following provisions: a.In addition to signs allowed in Chapter 6, Article 4, one or more attached project identifier orwayfinding signs may be erected on each façade of the occupied space. The signs may have a total area of 10% of the area of the façade to which the signs are attached, with a maximum aggregate area of 500 square feet per façade. The façade area shall be calculated by multiplying the width times the height, with a maximum calculated height of 15 feet. For structures exceeding 15 feet in height, allowable sign square footage shall be calculated as .75 square feet per linear of building façade. 2.ResidentialDesign Standards. Multifamilydevelopments are exempt from the requirements of Section 6.506 “Unified Residential Development”. 3.Outdoor Storage or Display. Outdoor storage or displayrequirements for the Neighborhood Commercial (“E”) District shall apply to the Low Intensity Greenfield Mixed- Use (“MU-1G”) District. 4.Entrances. In order to create a pedestrian-oriented environment in which buildings are oriented toward publicly accessible streets and sidewalks, a principle building must have its main entrance from a public sidewalk or plaza, or from a private sidewalk or plaza that is publicly accessible through a public use easement. The main entrance shall not be from a public parking lot. Secondary entrances from parking lots are permitted. Interior buildings constructed as part of a campus development are exempt from these requirements. 5.Fences and Gates. In order to promote pedestrian-oriented developments, exterior security fences and gates that are located along public streets, along private streets or walkways that are publicly accessible through a public use easement, or along publicly accessible open space shall not extend beyond building facades; i.e., these fences shall not be located in the area between building facades and the property line. Fences not exceeding 4 feet in height, however, may extend beyond the building façade of attached or detached single family house or townhouse developments in mixed-use zoning districts (see ‘5.305 Fences’ B.2. for fence development standards). 6.Development Standards Applicable to Privately Owned streets and Drives with Public Access Easements. Private streets and drives with public access easements shall be considered public streets or rights-of-way for the purposes of review for compliance with setbacks, parking, screening, façade variations, fenestration, and other MU-1G design requirement normally based on streets. H.Administrative Review Requirements 1.Conceptual Land Use Plan. Developers of projects equal to or larger than 3 acres in size shall submit a conceptual land use plan for approval by the Planning and Development Director. The conceptual land use plan must be approved before a building permit application is accepted by the Planning and Development Department.The Planning and Development Director may require a conceptual land use plan for a project smaller than 3 acres if the project is part of a development equal to or larger than 3 acres in size. a.The conceptual land use plan shall illustrate the proposed location of land uses on the site, using the following land use categories: i.One-or two-family residential, ii.Multifamily residential, iii.Commercial, iv.Institutional, v.Mixed-use buildings (a mix of residential and non-residential within the same building, meeting the percentage requirements defined in Section 4.1301.C.7.b), or vi.Public Park. Parking facilities and private open spaces shall be classified the same as the primary land use they serve. c.Project Test -The conceptual land use plan shall show that the proposed project includes uses within at least two of the land use categories, and that no land use category other than mixed-use buildings occupies greater than 70 percent of the total land area.The land use area percentages shall be calculated using property information obtained from the applicable tax appraisal district.If a development does not comply with this test, then the vicinity test described below shall apply. d.Vicinity Test -Developments in which a single land use other than mixed-use buildings exceeds 70 percent of the site’s total land area are permitted if: i.The Planning and Development Director determines that the following conditions are satisfied: a)The proposed land use at any location within the proposed development site must be within awalking distance of 1,000 feet of a different land use, as measured by the shortest pedestrian route, and b)The percentage of any single land use category other than mixed-use buildings within a 1,000-foot radius of any location within the proposed development site shall not be greater than 70 percent of the land area within the radius.The proposed development shall be included in the calculation of this percentage. Or c)Once a project, or portion of a project, is constructed or partially constructed in accordance with the approved Conceptual Land Use Plan, this Vicinity test shall not create legal non-conforming status nor prevent the restoration of a building or buildings destroyed by fire, explosion or other casualty, or act of God, or the public enemy, nor prevent the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction. Subsequent development within the 1,000 ft. radius described in Section b. above shall not affect the approved conceptual land use plan and shall not create legal non-conforming status. Or ii.The Planning and Development Director determines that the developer has demonstrated that unique site conditions (e.g. adjacency to natural features, highways, freight yards, etc.) make compliance with the conditions of section i. above impractical in certain areas of the development site. 2.Conceptual Site Plan. In order to facilitate compliance with the mixed-use zoning standards, developers shall submit a conceptual site plan to the Planning and Development Department for administrative review prior to submittal of permit applications for new construction projects.The site plan shall show the anticipated location of proposed streets, sidewalks and walkways, building footprints, parking areas, landscaped areas and features, and open space. 4.1302High Intensity Mixed-Use ("MU-2") District A.Purpose and Intent 1.Purpose It is the purpose and intent of the High Intensity Mixed-Use (“MU-2”) District to provide areas in which a variety of higher density housing types exist among commercial, institutional, and selected light industrial uses. 2.Intent Statements a.General Development Principles 1.Promote a pedestrian-oriented urban form. In contrast to conventional zoning standards that place a primary emphasis on the regulation of land uses, mixed- use development standards and guidelines focus on promoting a walkable, urban form of development, consistent with the surrounding area’s historic urban character. The focus on form promotes buildings that conform to tested urban design principles. 2.Require excellence in the design of the public realm and of buildings that front public spaces. The most successful and memorable urban environments are those in which walking down the street is appealing. Streets, plazas, parks, and other public spaces should be comfortable and inviting, and buildings fronting those spaces should be active and visually interesting at the pedestrian level. 3.Encourage creativity, architectural diversity, and exceptional design. Mixed- use is intended to promote high quality design, and the development review process for mixed-use projects is intended to promote flexibility. Standards and guidelines, as well as the development review process, are intended to support creativity and exceptional design while discouraging uniformity. 4.Promote sustainable development that minimizes negative impacts on natural resources. Creating a walkable, higher density residential district surrounding mixed-use districts supports sustainable development by providing an alternative to low-density development in peripheral areas. In accordance with sustainable development principles, the mixed-use buildings and public spaces should be designed to minimize negative impacts on air and water quality and promote innovation in environmental design. b.Building Types Permitted The following building intent statements and illustrations have been provided to demonstrate the recommended building forms in the High Intensity Mixed-Use (“MU-2”) District. All intent statements are addressed through development standards set out in Section 4.1302C through G. 1.General Commercial: A development type with nonresidential uses. Ground- story spaces are flexible enough to accommodate a variety of nonresidential uses. Upper stories are used for offices or other types of compatible nonresidential uses. The front of the building is placed on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. No on-site surface parking is permitted between the building and the street. Primary streets are prominent and street- facing. Large storefront windows are provided to encourage interaction between the pedestrian and the ground-story space. 2.Mixed-Use Shopfront: A development type with ground-story retail and upper- story residential or office uses. The front of the building is placed on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. No on-site surface parking is permitted between the building and the street. Primary entrances are prominent and street facing. Large storefront windows are provided to encourage interaction between the pedestrian and the ground-story place. 3.Apartment/Condominiums: The front of the building is placed on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. The building often shares a common entrance. Primary entrances are prominent and street-facing. An elevated ground floor for residential uses is recommended to ensure privacy. Parking for an apartment/condominium building is allowed on the side or rear of the building, but the preferred method is at the rear of the building. 4.Townhouse: A building with three or more attached dwelling units consolidated into a single structure. The front of the building is faced on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. A townhouse unit is more than one story in height; however, units should not be vertically mixed. Parking access via a driveway or rear alley is required. An elevated ground floor for residential uses is recommended to ensure privacy. 5.Urban Manor House: A development/building with two to five attached dwelling units consolidated in a single structure. A manor house is located on a single lot and contains common walls. Dwelling units within a building may be situated either wholly or partially over or under other dwelling units. The front of the building is placed on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. The building has the appearance of a conventional single-family house with a single primary entrance except that a manor house with two dwelling units (duplex) may have one primary entrance for each unit provided itmeets the requirements of 4.1302D.8.f.iv. An elevated ground floor for residential uses is recommended to ensure privacy. Parking for a manor house is allowed onthe side or rear of the building, but the preferred method is through traditional forms with detached garages at the rear when possible. 6.Single-Family House: The front of the building is placed on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. An elevated ground floor for residential uses is recommended to ensure privacy. Parking for a single-family home is allowed on the side or rear of the building, but the preferred method is through traditional forms with detached garages at the rear when possible. B.Uses In the High Intensity Mixed-Use (“MU-2”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use table in Chapter 4, Article 12, and the supplemental standards of Chapter 5. In the High Intensity Mixed-Use (“MU-2”) District, residential, commercial and institutional uses and light industrial uses may occupy the same building and lot.All projects must comply with the mix of use requirements described in Section 4.1302.H.1. C.Property Development Standards In the HighIntensityMixed-Use (“MU-2”) District, the dimension of yards, the placement of the building, the minimum and maximum height of buildings, the minimum and maximum residential density, and the enhanced landscaping shall be as follows: 1.General yard development standards: Development shall be exempt from Chapter 6, Article 1, Sections 6.101B, 6.101C, 6.101E, and 6.101G. 2.Required street frontage: The intent of requiring building street frontage is to encourage a more prominent and continuous street wall to promote a multi-model, pedestrian friendly environment while reducing the visual dominance of large surface parking lots. a.Primary Street: building facades shall be located within the area between the property line and the maximum setback for a minimum of 70 percent of the primary street frontage of the lot. b.Side Street: applies only to corner lots; building facades shall be located within the area between the property line and the maximum setback for a minimum of 30 percent of the side street frontage of the lot. c.Required street frontage shall apply only to the ground floor of the building. d.Required street frontage alternatives: These alternatives may count towards a portion of the required street frontage for the building, when meeting the following standards; i.Arcades: 100% ii.Residential garden court: 40% iii.Outdoor seating: 40% iv.Plaza: 40% 3.Front yard: 20 feet maximum setback, with the following provisions: a.Campus developments: Interior buildings constructed as part of a campus development may be set back from the property line more than 20 feet if at least 50 percent of the public street frontage on each block face within the development contains buildings within the maximum setback of 20 feet.Interior buildings set back farther than 20 feet may not be constructed unless and until this 50 percent requirementhas been satisfied. b.Buildings may exceed the maximum 20-foot setback if angled, perpendicular, or parallel parking on private property meets theconditions of Section 4.1302.D.4.e.In these situations, the front yard setback shall be measured from the front of the parking space instead of the property line, and the setback shallbe no greater than 20 feet. c.Buildings on corner lots are required to meet the front yard maximum setback on primary and side streets. Note: A campus development is defined as a unified group of buildings and/or facilities located on a contiguous parcel(s) and operated as a place of worship, school, or hospital. 4.Rear yard: 5 feet minimum setback. 5.Side yard: Setbacks are required when an abutting property with an existing building has windows facing to the side.Then, any new development or addition shall provide at least 10 feet of separation between the existing and new building. Note:Additional setback conditions are included in Section 4.1302.G. Other Development Standards. 6.Minimum Height: Two (2) stories consisting of a minimum of 18 feet. Note:Development in the High Intensity Mixed-Use (“MU-2”) District is exempt from Section 6.100. Minimum buildingheight for all uses shall be measured from the top of the finished slab to top of the highest wall façade. An unroofed and unenclosed rooftop terrace, and the enclosed stairwell or elevator providing access to the terrace, shall not be included in the measurement of total building height, as described in Section 6.100.5. 7.Maximum Height: a.60 feet, or 5stories, whichever is less; or b.120 feet or 10stories, whichever is less, if: i.Residential uses constitute 20 percent or more of a building’s gross floor area, and ii.Office, eating and entertainment, and/or retail sales and service use constitute 10 percent or more of the building’s gross floor area. Note: Developmentin the High Intensity Mixed-Use ("MU-2") District is exempt from Section 6.100.Building height for all uses shall be measured from the top of the finished slab at grade level to the top of the highest wall top plate. An unroofed and unenclosed rooftop terrace, and the enclosed stairwell or elevator providing access to the terrace, shall not be included in the measurement of total building height, as described in Section 6.100.5. Stealth Telecommunication Towers are permitted to a height of 75 feet.The Urban Design Commission must approve the design of all Stealth Telecommunication Towers.Telecommunication Towers are permitted to a height of 60 feet as a Special Exception approved by the Board of Adjustment. 8.Minimum residential units per acre: None; except when a residential or mixed use project is located within 1,320 feet of an entrance to an existing or approved passenger rail station or stop: 50 9.Maximum residential units per acre : a.70; or b.No limitif the project includes office, eating and entertainment, and/or retail sales and service uses that constitute at least 10 percent of gross floor area. D.Off-Street Parking and Loading. 1.Commercial and Mixed-Use Parking Table: Requirement as a percentage of parking requirement listed in Section 6.201B Location MinimumMaximum Project not located within 250 feet of None100 percent One or Two Family zoned property Project located within 250 feet of One 75 percent100 percent or Two Family zoned property and within 1,000 feet of an entrance to an existing or approved50 percent100 percent passenger rail station or stop 2.Residential Parking Table: Building Type/UseRequirement 2 parking spaces located behind the front of the Single Family building line per dwelling unit. 2 parking spaces per dwelling unit are required at the rear of the primary structure and accessed via a Townhouse driveway or rear alley. 2 spaces per dwelling unit plus 1 space per bedroom over three (3) bedrooms per Manor house (duplex) dwelling unit all located behind the front building line 0.75 to 1 off-street spaces required per bedroom, located behind the front building line* Manor house (apartment) and Plus 1 space per 250 square feet of common areas, Apartment/Condominium offices and recreation (less laundry rooms and storage) On-street parking along If the development is within 1,320 feet of a rail transit the lot frontage may be station applied toward the minimum parking 0.5 to 1 off-street spaces required per bedroom, requirements, but shall located behind the front building line* not reduce the applicable maximum parking Plus 1 space per 250 square feet of common areas, limitations. offices and recreation (less laundry rooms and storage) *All partial spaces are rounded up. 3.Bicycle Parking: See Section 6.204 4.Other Off-Street Parking and LoadingStandards a.The required off-street parking for any use may be located off-site, on property within 500 feet of the subject site. b.Adjacent on-street parking may be applied toward the minimum parking requirements, but shall not reduce the pertinent maximum parking limitations. c.For mixed-use buildings and projects the total parking requirement shall be the sum of the individual requirements for all uses. A joint use parking agreement, if executed according to the standards set forth in section d below, would allow a reduction in the total requirement for the mixed-use building or project. d.Joint use parking facilities may be used to meet minimum parking requirements. The total number of spaces shall not exceed the sum of the maximum spaces allowed for all individual uses sharing the facility. Joint use of required parking spaces may occur where two or more uses on the same site or on separate sites are able to share the same parking spaces because their parking demands occur at different times. Joint use of required parking spaces is allowed if the following documentation is submitted in writing to the Planning and Development Department as part of the building permit application or site plan review: i.The names and addresses of the uses and of the owners or tenants that are sharing the parking; ii.The location and number of parking spaces that are being shared; iii.An analysis showing that the peak parking demands for the different uses occur at different times, and that the parking area will supply at least the minimum number of required spaces for each use during its respective peak parking times; and, iv.A legal instrument such as an easement or deed restriction that guarantees access to the joint parking for all uses. e.Surface parking shall not be permitted between a building front and the street, except that angled, perpendicular, or parallel parking that is designed to function as on- street parking shall be permitted if it meets the following three conditions: i.The City’s Traffic Engineer determines that the parking does not adversely affect public safety or circulation and satisfies the conditions described in Section 22- 175d of the City Code, ii.Each parking space is located adjacent to and is directly accessible from a public street or publically accessible private street, and iii.Surface parking permitted between a building front and the street (on-street parking) and the required pedestrian walkway shall be either dedicated as public right-of-way or be included in a public access easement recorded in the real property records of the county. In these situations, the front yard setback shall be measured from the front of the parking space instead of the property line and the setback shall be no greater than 20 feet. f.Uses located in historically significant buildings shall be exempt from off-street parking requirements.For the purposes of this exemption, historically significant buildings shall include those determined by the Historic Preservation Officer to be eligible, based on the applicable criteria, for: i.Listing in the National Register of Historic Places; or ii.Local designation as either Historic and Cultural Landmark (“HC”) or Highly Significant Endangered (“HSE”). g.These requirements supersede the parking requirements of Section 6.201B.All other requirements of Chapter 6, Article 2 apply. E.Landscaping and Buffers. The requirements of Chapter 6, Article 3 apply, with the following provisions. 1.Bufferyard and Supplemental Building Setback. a.For the purposes of this section, the High Intensity Mixed-Use (“MU-2”) District shall be considered a nonresidential district. b.A bufferyard and supplemental building setback are not required between the boundary of a one-or two-family development within the High Intensity Mixed-Use (“MU-2”) District and an adjacent one-or two-family district. c.All uses, other than one-or two-family adjacent to one-and two-family districts, shall conform to the supplemental building setback and bufferyard width standards required forthe Neighborhood Commercial (“E”) District, as described in Section 6.300.C. Area Requirements.In addition, a transitional height plane of 45 degrees shall apply to portions of a building above 45 feet or 3 stories, whichever is less; measured from the property line of the one-or two-family district. Any portion of a building above 45 feet or 3 stories, whichever is less, shall be set back so that the building does not encroach the transitional height plane; i.e., the portion of a building above 45 feet or 3 stories must be set back an additional foot for each additional foot in heightwith the plane starting from the property line of the one-or two-family district.This standard is illustrated in Figure 4.3 below.These supplemental building setback and transitional height plane requirements shall not apply to buildings adjacent to one-or two-family districts that serve as public open space, such as parks and drainage ways. Figure 4.3.MU-2Transitional Height Plane 2.Enhanced LandscapingPoint System Requirements. Enhanced landscaping must earn a minimum of 30 points (20 points in single-family house and urban manor houses with (2) units) that are awarded for providing and maintaining specific landscaping and : design features. The points are accumulated as follows Enhanced Landscaping System –30 points required (20 points in single-family houses and urban manor houses with (2) units) Points FeatureRequirement or example items Awarded 5% of net land area. Plaza shall be continuous w/ minimum area not less than 1,000 sq. ft. If 5% of net land Plaza15 area is greater than 2,000 square feet, multiple plazas are permitted. 5% of net land area w/ minimum area not less than 1,000 Playground15 sq. ft. 1 pt for every 250 sq. ft. w/ minimum area not less than Community garden5-15 1,250 sq. ft. Enhanced Landscaping System –30 points required (20 points in single-family houses and urban manor houses with (2) units) Points FeatureRequirement or example items Awarded Arcades, structural awnings, galleries, 50% of façade facing primary street or 25 linear ft., 10 balconies or other approved whichever is greater; 4 ft. minimum depth. pedestrian shelter Single family front porch50% of façade facing primary street10 Each 50 ft. segment of street frontage is required to have 2 streetscaping items. Items include but not are not limited to benches, trash receptacles, bike racks, and planters Enhanced streetscaping10 usingmaterials appropriate for the adjacent street and approved by the Transportation and Public Works Department. 1 light post for every 60 ft. of street frontage; style approved by the Transportation and Public Works Pedestrian-scaled lighting10 Departmentand consistent with other pedestrian lights on the same block. 3% of net land area. Programmed recreation areas Programmed recreation include but are not limited to chess parks, bocce ball 10 area courts, and exercise/yoga facilities. As approved by the Planning and Development Director or designee. Public art installations include but are not limited to pieces of sculpture, murals, and water features Public art installationplanned and executed with the specific intention of being 10 sited or staged inthe physical public domain, outside and accessible to all. Materials used are durable and resistant to graffiti and weather. Required spacing: Street treesSmall/Medium Canopy 25 –30 ft.10 Large Canopy 35 –40 ft. Window awnings, shallow door canopies, or other 25% of façade facing primary street or 15 linear ft, façade features that are not whichever is greater. Multiple features (i.e. awnings) may 5 intended to provide add up to the required amount. pedestrian shelter (less than 4 ft in depth) Programmed sitting area/public outdoor dining Minimum 15 seats5 area Proximity to a public parkWithin 500 ft5 Xeriscaping, on-site stormwater management, rain Sustainable landscaping5 gardens, bio-swales, etc. Rooftop terraceMinimum 200 sq. ft.5 Paved walkway 1 pt for every additional foot of sidewalk width over the 1-11 enhancementCity standard (up to a 15 ft wide sidewalk total) a.Points shall be awarded only one for each feature category, per project. b.Submittal of Landscape Plan.The location and description of decorative paving, sidewalk furniture or other decorative elements, if any, shall be indicated on the landscape plan. c.Landscape Area Required. Section 6.301.H“Landscape Area Required” does not apply to developments in the MU-2 district; except i.All landscaped areas shall be located outside the perimeter of the footprint of a building or structure; protected by wheel stops, curbs or other physical barriers where adjacent to vehicle use areas; and be covered with grass, organic mulch or low maintenance groundcover. (Section 6.301.H.1.b.) ii.Landscaped bioretention areas are encouraged for natural drainage channels to reduce runoff and increase infiltration of water into the soil. (Section 6.301.H.2.b.) iii.When there is a frontyard setback of at least five feet, front yard landscaping is required for areas outside the ground level patios, parkways and pedestrian walkways. Front yard landscaping must adhere to the shrub and native plants as listed in Table 6.8, Table A of Section 6.301.H. as well as other applicable regulations described or referenced within the MU-2 regulations. d.Irrigation.An irrigation system shall be installed to provide total water coverage to all plant materials installed pursuant to Section 6.301.I “Irrigation”. e.Miscellaneous Requirements.In addition to required trees and shrubs, all of the required landscape area must be covered with grass, organic mulch, live groundcover, decorative paving, sidewalk furniture or other decorative elements. 3.Landscaping in Parking and Driveway Areas. a.Landscape islands, linear landing strips, bio-swales, or rain gardens shall be required in parking lots with 12 or more parking spaces. All landscape islands and strips shall have at least one tree. b.Every parking space is required to be not more than 60 feet from a medium or large canopy tree planted within a median, strip or island measured from the trunk at planting. c.Required size of landscape islands and linear landscaping strips containing trees: i.Within parking lots with non-porous surfaces: 130 square feet; 8 feet minimum width ii.Planted in Structural Soil: 64 square feet; 8 feet minimum width. The use of an approved structural soil shall be limited to landscape islands and adjacent walkways and parking areas necessary for proper tree growth. Structural soils shall not be used for fire lanes in parking lots. iii.Within parking lots with approved porous surfaces for parking areas excluding fire lanes: 16 square feet. Tree trunks should be protected by wheel stops or other physical barriers excluding curbs. iv.Linear landscaping strips are encouraged in lieu of landscaping islandswhere possible. d.Parking lots shall be screened from the public right-of-way with landscaping, berms, fences or walls36 to 42 inches in height. e.Driveways that are located and parallel to a public street shall be screened from the public right-of-way with landscaping, berms, fences, or walls 36 to 42 inches in height. FFaçade Design Standards for New Construction. .Projects that clearly conform to all façade design standards maybe approved administratively by the Planning & Development Director or designee. A waiver from the faced design standards may be granted by the Urban Design Commission (UDC) in accordance withthe applicable development principles and standards. 1.Required Drawings –To illustrate compliance with the following standards, elevation drawings shall be submitted to the Planning & Development Department for those building facades that are oriented to: a.public streets, b.private streets and walkways that are publicly accessible through a public use easement, or c.publicly accessible open space. 2.Façade Variation a.Scaling Elements: Each new building façade oriented to a publicly accessible street or open space shall at a minimum incorporate threeor more of the following four scaling elements for building façades greater than50 ft. in width, and at least twoof the following elements for building facades less than 50 ft. in width: i.Expression of building structural elements such as: a)Floors (banding, belt courses, etc. not less than one inch deep and four inches wide), b)Columns (pilasters, piers, quoins, etc. not less than four inches deep and six incheswide), or c)Foundation (water tables, rustication); ii.Variation in wall plane (not less than fourinches) through the use of projecting and recessed elements.Such elements could include patterns of door and window openings (and the use of sills, mullions, and other scale providing window elements), and/or more pronounced architectural features, such as porches, alcoves, and roof dormers; iii.Changes in material or material pattern.Each change of material shall involve a minimum oneinch variation in wall plane; and iv.Noticeable changes in coloror shade. b.New building facades oriented to a publicly accessible street or open space shall include differentiation between the first and second level and the upper levels with a cornice, canopy, balcony, arcade, or other architectural feature. c.If a project consists of more than one block face, each sequential block of new construction shall contain a different building façade to encourage architectural variety within large projects, using the required architectural elements listed in Section a.i. above and/or other architectural features. d.New multifamily residential building facades oriented to a publicly accessible street or open space shall include at least two variations in wall plane per 100 linear feet of street frontage.Variations shall be not less than three feet in depth or projection and not less than two stories in height for multi-story building. 3.Fenestration. New single use commercial and mixed-use building facades fronting on publicly accessible streets or openspace shall meet the following requirements: Fenestration Requirement Project TypePrimary StreetSide Street Mixed-Use or Non-Residential Ground Story from 2 feet to 12 feet above grade60 percent40 percent Upper Stories25 percent25 percent Residential NoneNone a.Clear glazing must have a visible transmittance rating of 0.5 or greater to count towards the fenestration requirement. b.Fenestration alternatives. The following alternatives may count towards meeting the fenestration requirementand can be used in singular or in combination. If used in combination, they may count no more than 70 percent of the fenestration requirement. Fenestration Alternatives AlternativePercent towards requirement Windows at the ground story but outside the2-12 feet zone40 percent Wall mounted or recessed display cases at least 4 feet high40 percent Walk-up automated teller machines, video rental or similar kiosk40 percent Green screen system, planter walls, or similar vegetation40 percent Translucent, fritted, patterned, or color glazing40 percent Outdoor dining/seating located between the building and street60 percent 4.Building Materials. Not less than 70 percent of all new building facades (not including door and window areas) facing publicly accessible streets or open space shall be constructed of the following masonry materials: stone, brick, terra cotta, patterned pre- cast concrete, cementplaster stucco, cementboard siding, cast stone or prefabricated brick panels. 5.Building Entries a.Building entrances shall incorporate arcades, roofs, porches, alcoves or awnings that protect pedestrians from the sun and rain. b.Primary entrances shall be provided at intervals not to exceed 125 linear feet of street-oriented residential building frontage. c.Townhouses and other similar street level dwelling units within multi-unit structures shall have individual street-oriented entries for each unit. d.Manor Houses shall have a single primary entrance provided however, that a Manor House with two dwelling units (duplex) may have one primary entrance for each unit. Each primary entrance must be provided under a shared porch or one of the entrances must be accessed from a side façade of the structure. 6.Parking Structure Façade Standards a.Buildings shall not have exposed structural parking at the ground floor level. b.A parking structure façade that faces a public street shall be designed toincorporate contextual architectural elements that complement adjacent buildingsor buildings in the area. c.Parking structure openings shall not exceed 50 percent of the total ground floor façade. G.Other Development Standards. Development in the High Intensity Mixed-Use (“MU-2”) District shallbe subject to the pertinent development standards in Chapter6, and the following provisions: 1.Signs. See Chapter 6, Article 4 for requirements and the following provisions: a.In addition to signs allowed in Chapter 6, Article 4, one or more attached project identifier or wayfinding signs may be erected on each façade of the occupied space. The signs may have a total area of 10% of the area of the façade to which the signs are attached, with a maximum aggregate area of 500 square feet per façade. The façade area shall be calculated by multiplying the width times the height, with a maximum calculated height of 15 feet. For structures exceeding 15 feet in height, allowable sign square footage shall be calculated as .75 square feet per linear of building façade. 2.Residential Design Standards. Multifamilydevelopments are exempt from the requirements of Section 6.506 “Unified Residential Development”. 3.Outdoor Storage or Display. Outdoor storage or displayrequirements for the Intensive Commercial (“G”) District shall apply to the High Intensity Mixed-Use (“MU-2”) District. 4.Entrances. In order to create a pedestrian-oriented environment in which buildings are oriented toward publicly accessible streets and sidewalks, a principle building must have its main entrance from a public sidewalk or plaza, or from a private sidewalk or plaza that is publicly accessible through a public use easement. The main entrance shall not be from a public parking lot. Secondary entrances from parking lots are permitted. Interior buildings constructed as part of a campus development are exempt from these requirements. 5.Fences and Gates. In order to promote pedestrian-oriented developments, exterior security fences and gates that are located along public streets, along private streets or walkways that are publicly accessible through a public use easement, or along publicly accessible open space shall not extend beyond building facades; i.e., these fences shall not be located in the area between building facades and the property line. Fences not exceeding 4 feet in height, however, may extend beyond the building façade of attached or detached single family house or townhouse developments in mixed-use zoning districts (see ‘5.305 Fences’ B.2. for fence development standards). 6.Development StandardsApplicable to Privately Owned Streets and Drives with Public Access Easements. Private streets and drives with public access easements shall be considered public streets or rights-of-way for the purposes of review for compliance with setbacks, parking, screening, façade variations, fenestration, and other MU-2 design requirement normally based on streets. H.Administrative Review Requirements 1.Conceptual Land Use Plan. Developers of projects equal to or larger than 3 acres in size shall submit a conceptual land use plan for approval by the Planning and Development Director. The conceptual land use plan must be approved before a building permit application is accepted by the Planning and Development Department.The Planning and Development Director may require a conceptual land use plan for a project smaller than 3 acres if the project is part of a development equal to or larger than 3 acres in size. a.The conceptual land use plan shall illustrate the proposed location of land uses on the site, using the following land use categories: i.One-or two-family residential, ii.Multifamily residential, iii.Commercial, iv.Institutional, v.Mixed-use buildings (a mix of residential and non-residential within the same building, meeting the percentage requirements defined in Section 4.1301.C.7.b), or vi.Public park. Parking facilities and private open spaces shall be classified the same as the primary land use they serve. b.Project Test -The conceptual land use plan shall show that the proposed project includes uses within at least two of the land use categories, and that no land use category other than mixed-use buildings occupies greater than 70 percent of the total land area.The land use area percentages shall be calculated using property information obtained from the applicable tax appraisal district.If a development does not comply with this test, then the vicinity test described below shall apply. c.Vicinity Test -Developments in which a single land use other than mixed-use buildings exceeds 70 percent of the site’s total land area arepermitted if: i.The Planning and Development Director determines that the following conditions are satisfied: a)The proposed land use at any location within the proposed development site must be within a walking distance of 1,000 feet of a different land use, as measured by the shortest pedestrian route, and b)The percentage of any single land use category other than mixed-use buildings within a 1,000-foot radius of any location within the proposed development site shall not be greater than 70 percent of the land area within the radius.The proposed development shall be included in the calculation of this percentage; or c)Once a project, or portion of a project, is constructed or partially constructed in accordance with the approved Conceptual Land UsePlan, this Vicinity test shall not create legal non-conforming status nor prevent the restoration of a building or buildings destroyed by fire, explosion or other casualty, or act of God, or the public enemy, nor prevent the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction. Subsequent development within the 1,000 ft. radius described in Section b. above shall not affect the approved conceptual land use plan and shall not create legal non-conforming status. Or ii.The Planning and Development Director determines that the developer has demonstrated that unique site conditions (e.g. adjacency to natural features, highways, freight yards, etc.) make compliance with the conditions of section i. above impractical in certain areas of the development site. 2.Conceptual Site Plan. In order to facilitate compliance with the mixed-use zoning standards, developers shall submit a conceptual site plan to the Planning and Development Department for administrative review prior to submittal of permit applications for new construction projects.The site plan shall show the anticipated location of proposed streets, sidewalks and walkways, building footprints, parking areas, landscaped areas and features, and open space. 4.1303High Intensity Greenfield Mixed-Use (MU-2G) District A.Purpose and Intent 1.Purpose The purpose of the MU-2G zoning classificationis to promote pedestrian-oriented, mixed- use development in undeveloped areas designated in the Comprehensive Plan as future mixed-use growth centers. The MU-2G regulations are intended to encourage the development of neighborhood-scale activity centers in which a variety of housing types may exist among neighborhood-serving commercial and institutional uses. Minimum Development Site Land Area: MU-2G shall only be used for large-scale development sites of at least 100 acres. These development sites of at least 100 acres may include a combination of contiguous MU districts (i.e. MU-1, MU-1G, MU-2, MU-2G, PD/MU). Public rights of way may be included in the calculation of a site’s size. 2.Intent Statements a.General Development Principles 1.Promote a pedestrian-oriented urban form. In contrast to conventional zoning standards that place a primary emphasis on the regulation of land uses, mixed- use development standards and guidelines focus on promoting a walkable, urban form of development, consistent with the surrounding area’s historic urban character. The focus on form promotes buildings that conform to tested urban design principles. 2.Require excellence in the design of the public realm and of buildings that front public spaces. The most successful and memorable urban environments are those in which walking down the street is appealing. Streets, plazas, parks, and other public spaces should be comfortable and inviting, and buildings fronting those spaces should be active and visually interesting at the pedestrian level. 3.Encourage creativity, architectural diversity, and exceptional design. Mixed- use is intended to promote high quality design, and the development review process for mixed-use projects is intended to promote flexibility. Standards and guidelines, as well as the development review process, are intended to support creativity and exceptional design while discouraging uniformity. 4.Promote sustainable development that minimizes negative impacts on natural resources. Creating a walkable, higher density residential district surrounding mixed-use districts supports sustainable development by providing an alternative to low-density development in peripheral areas. In accordance with sustainable development principles, the mixed-use buildings and public spaces should be designed to minimize negative impacts on air and water quality and promote innovation in environmental design. b.Building Types Permitted The following building intent statements and illustrations have been provided to demonstrate the recommended building forms in the High Intensity Greenfield Mixed-Use (“MU-2G”) District. All intent statements are addressed through development standards set out in Section 4.1303C through G. 1.General Commercial: A development type with nonresidential uses. Ground- story spaces are flexible enough to accommodate a variety of nonresidential uses. Upper stories are used for offices or other types of compatible nonresidential uses. The front of the building is placed on, or very close to, the front property line. On corner lots, the buildingside facing the street is also placed on or near the side property line. No on-site surface parking is permitted between the building and the street. Primary streets are prominent and street- facing. Large storefront windows are provided to encourage interaction between the pedestrian and the ground-story space. 2.Mixed-Use Shopfront: A development type with ground-story retail and upper- story residential or office uses. The front of the building is placed on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. No on-site surface parking is permitted between the building and the street. Primary entrances are prominent and street facing. Large storefront windows are provided to encourage interaction between the pedestrian and the ground-story place. 3.Apartment/Condominiums: The front of the building is placed on, or very close to, the front property line. On corner lots, the building side facing the streetis also placed on or near the side property line. The building often shares a common entrance. Primary entrances are prominent and street-facing. An elevated ground floor for residential uses is recommended to ensure privacy. Parking for an apartment/condominium building is allowed on the side or rear of the building, but the preferred method is at the rear of the building. 4.Townhouse: A building with three or more attached dwelling units consolidated into a single structure. The front of the building is faced on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. A townhouse unit is more than one story in height; however, units should not be vertically mixed. Parking access via a driveway or rear alley is required. An elevated ground floor for residential uses is recommended to ensure privacy. 5.Urban Manor House: A development/building with two to five attached dwelling units consolidated in a single structure. A manor house is located on a single lot and contains common walls. Dwelling units within a building may be situated either wholly or partially over or under other dwelling units. The front of the building is placed on, or very close to, the frontproperty line. On corner lots, the building side facing the street is also placed on or near the side property line. The building has the appearance of a conventional single-family house with a single primary entrance except that a manor house with two dwelling units (duplex) may have one primary entrance for each unit provided itmeets the requirements of 4.1303D.8.f.iv. An elevated ground floor for residential uses is recommended to ensure privacy. Parking for a manor house is allowed on the side or rear of the building, but the preferred method is through traditional forms with detached garages at the rear when possible. 6.Single-Family House: The front of the building is placed on, or very close to, the front property line. On corner lots, the building side facing the street is also placed on or near the side property line. An elevated ground floor for residential uses is recommended to ensure privacy. Parking for a single-family home is allowed on the side or rear of the building, but the preferred method is through traditional forms with detached garages at the rear when possible. B.Uses In the High Intensity Greenfield Mixed-Use (“MU-2G”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed,altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use table in Chapter 4, Article 12, and the supplemental standards of Chapter 5. In the High Intensity Greenfield Mixed-Use (“MU-2G”) District, residential,commercial and institutional uses may occupy the same building and lot.All projects must comply with the mix of use requirements described in Section 4.1303.H.1. One-family detached residential lots shall not exceed 10,000 square feet. C.Property Development Standards In the HighIntensityGreenfield Mixed-Use (“MU-2G”) District, the dimension of yards, the placement of the building, the minimum and maximum height of buildings, the minimum and maximum residential density, and the enhanced landscaping shall be as follows: 1.General yard development standards: Development shall be exempt from Chapter 6, Article 1, Sections 6.101B, 6.101C, 6.101E, and 6.101G. 2.Required street frontage: The intent of requiring building street frontage is to encourage amore prominent and continuous street wall to promote a multi-model, pedestrian friendly environment while reducing the visual dominance of large surface parking lots. i.Primary Street: building facades shall be located within the area between the propertyline and the maximum setback for a minimum of 70 percent of the primary street frontage of the lot. ii.Side Street: applies only to corner lots; building facades shall be located within the area between the property line and the maximum setback for a minimum of 30 percent of the side street frontage of the lot. iii.Required street frontage shall apply only to the ground floor of the building. iv.Required street frontage alternatives: These alternatives may count towards a portion of the required street frontage for the building, when meeting the following standards; i.Arcades: 100% ii.Residential garden court: 40% iii.Outdoor seating: 40% iv.Plaza: 40% 3.Front yard: 20 feet maximum setback, with the following provisions: a.Campus developments: Interior buildings constructed as part of a campus development may be set back from the property line more than 20 feet if at least 50 percent of the public street frontage on each block face within the development contains buildings within the maximum setbackof 20 feet.Interior buildings set back farther than 20 feet may not be constructed unless and until this 50 percent requirementhas been satisfied. b.Buildings may exceed the maximum 20-foot setback if angled, perpendicular, or parallel parking on private property meets theconditions of Section 4.1303.D.4.e.In these situations, the front yard setback shall be measured from the front of the parking space instead of the property line, and the setback shallbe no greater than 20 feet. c.Buildings on corner lots are required to meet the front yard maximum setback on primary and side streets. d.To allow convenient access to parking from the front entrances of large retail buildings greater than 50,000 square feet, the building side of any internal street with a public access easement may serve as the line from which the setback is measured. The total ground floor area of buildings utilizing this exception, however, shall constitute no more than 50 percent of the total ground floor area of buildings shown on the conceptual site plan. Note: A campus development is defined as a unified group of buildings and/or facilities located on a contiguous parcel(s) and operated as a place of worship, school, or hospital. 4.Rear yard: 5 feet minimum setback. 5.Sideyard: Setbacks are required when an abutting property with an existing building has windows facing to the side.Then, any new development or addition shall provide at least 10 feet of separation between the existing and new building. Note:Additional setback conditions are included in Section 4.1303.G. Other Development Standards. 6.Minimum Height: Two (2) stories consisting of a minimum of 18 feet. Note:Development in the High Intensity Greenfield Mixed-Use (“MU-2G”) District is exempt from Section 6.100. Minimum building height for all uses shall be measured from the top of the finished slab to top of the highest wall façade. An unroofed and unenclosed rooftop terrace, and the enclosed stairwell or elevator providing access to the terrace, shall not be included in the measurement of total building height, as described in Section 6.100.5. 7.Maximum Height: a.60 feet, or 5stories, whichever is less; or b.120 feet or 10stories, whichever is less, if: i.Residential uses constitute 20 percent or more of a building’s gross floor area, and ii.Office, eating and entertainment, and/or retail sales and service use constitute 10 percent or more of the building’s gross floor area. Note: Developmentin the High Intensity Mixed-Use ("MU-2") District is exempt from Section 6.100.Building height for all uses shall be measured from the top of the finished slab at grade level to the top of the highest wall top plate. An unroofed and unenclosed rooftop terrace, and the enclosed stairwell or elevator providingaccess to the terrace, shall not be included in the measurement of total building height, as described in Section 6.100.5. Stealth Telecommunication Towers are permitted to a height of 75 feet.The Urban Design Commission must approve the design of all Stealth Telecommunication Towers.Telecommunication Towers are permitted to a height of 60 feet as a Special Exception approved by the Board of Adjustment. 8.Minimum residential units per acre: None; except when a residential or mixed use project is located within 1,320 feet of an entrance to an existing or approved passenger rail station or stop: 50 9.Maximum residential units per acre : a.70; or b.No limitif the project includes office, eating and entertainment, and/or retail sales and service uses that constitute at least 10 percent of gross floor area. D.Off-Street Parking and Loading. 1.Commercial and Mixed-Use Parking Table: Requirement as a percentage of parking requirement listed in Section 6.201B Location MinimumMaximum Project not located within 250 feet of None100 percent One or Two Family zoned property Project located within 250 feet of One 75 percent100 percent or Two Family zoned property and within 1,000 feet of an entrance to an existing or 50 percent100 percent approved passengerrail station or stop 2.Residential Parking Table: Building Type/UseRequirement 2 parking spaces located behind the front of the Single Family building line per dwelling unit. 2 parking spaces per dwelling unit are required at the rear of the primary structure and accessed via a Townhouse driveway or rear alley. 2 spaces per dwelling unit plus 1 space per bedroom over three (3) bedrooms per Manor house (duplex) dwelling unit all located behind the front building line 0.75 to 1 off-street spaces required per bedroom, located behind the front building line* Manor house (apartment) and Plus 1 space per 250 square feet of common areas, Apartment/Condominium offices and recreation (less laundry rooms and storage) On-street parking along If the development is within 1,320 feet of a rail transit the lot frontage may be station applied toward the minimum parking 0.5 to 1 off-street spaces required per bedroom, requirements, but shall located behind the front building line* not reduce the applicable maximum parking Plus 1 space per 250 square feet of common areas, limitations. offices and recreation (less laundry rooms and storage) *All partial spaces are rounded up. 3.Bicycle Parking: See Section 6.204 4.Other Off-Street Parking and LoadingStandards a.The required off-street parking for any use may be located off-site, on property within 500 feet of the subject site. b.Adjacent on-street parking may be applied toward the minimum parking requirements, but shall not reduce the pertinent maximum parking limitations. c.For mixed-use buildings and projects the total parking requirement shall be the sum of the individual requirements for all uses. A joint use parking agreement, if executed according to the standards set forth in section d below, would allow a reduction in the total requirement for the mixed-use building or project. d.Joint use parking facilities may be used to meet minimum parking requirements. The total number of spaces shall not exceed the sum of the maximum spaces allowed for all individual uses sharing the facility. Joint use of required parking spaces may occur where two or more uses on the same site or on separate sites are able to share the same parking spaces because their parking demands occur atdifferent times. Joint use of required parking spaces is allowed if the following documentation is submitted in writing to the Planning and Development Department as part of the building permit application or site plan review: i.The names and addresses of the uses and of the owners or tenants that are sharing the parking; ii.The location and number of parking spaces that are being shared; iii.An analysis showing that the peak parking demands for the different uses occur at different times, and that the parking area will supply at least the minimum number of required spaces for each use during its respective peak parking times; and, iv.A legal instrument such as an easement or deed restriction that guarantees access to the joint parking for all uses. e.Surface parking shall not be permitted between a building front and the street, except that angled, perpendicular, or parallel parking that is designed to function as on- street parking shall be permitted if it meets the following three conditions: i.The City’s Traffic Engineer determines that the parking does not adversely affect public safety or circulation and satisfies the conditions described in Section 22- 175d of the City Code, ii.Each parking space is located adjacent to and is directly accessible from a public street or publically accessible private street, and iii.Surface parking permitted between a building front and the street (on-street parking) and the required pedestrian walkway shall be either dedicated as public right-of-way or be included in a public access easement recorded in the real property records of the county. In these situations, the front yard setback shall be measured from the front of the parking space instead of the property line and the setback shall be no greater than 20 feet. f.Uses located in historically significant buildings shall be exempt from off-street parking requirements.For the purposes of this exemption, historically significant buildings shall include those determined by the Historic Preservation Officer to be eligible, based on the applicable criteria, for: i.Listing in the National Register of Historic Places; or ii.Local designation as either Historic and Cultural Landmark (“HC”) or Highly Significant Endangered (“HSE”). g.These requirements supersede the parking requirements of Section 6.201B.All other requirements of Chapter 6, Article 2 apply. E.Landscaping and Buffers. The requirements of Chapter 6, Article 3 apply, with the following provisions. 1.Bufferyard and Supplemental Building Setback. a.For the purposes of this section, the High Intensity Greenfield Mixed-Use (“MU-2G”) District shall be considered a nonresidential district. b.A bufferyard and supplemental building setback are not required between the boundary of a one-or two-family development within the High Intensity Greenfield Mixed-Use (“MU-2G”) District and an adjacent one-or two-family district. c.All uses, other than one-or two-family adjacent to one-and two-family districts, shall conform to the supplemental building setback and bufferyard width standards required for the Neighborhood Commercial (“E”) District, as described in Section 6.300.C. Area Requirements.In addition, a transitional height plane of 45 degrees shall apply to portions of a building above 45 feet or 3 stories, whichever is less; measured from the property line of the one-or two-family district. Any portion of a building above 45 feet or 3 stories, whichever is less, shall be set back so that the building does not encroach the transitional height plane; i.e., the portion of a building above 45 feet or 3 stories must be set back an additional foot for each additional foot in heightwith the plane starting from the property line of the one-or two-family district.This standard is illustrated in Figure 4.4below.These supplemental building setback and transitional height plane requirements shall not apply to buildings adjacent to one-or two-family districts that serve as public open space, such as parks and drainage ways. Figure 4.4.MU-2GTransitional Height Plane 2.Enhanced LandscapingPoint System Requirements. Enhanced landscaping must earn a minimum of 30 points (20 points in single-family house and urban manor houses with (2) units) that are awarded for providing and maintaining specificlandscaping and : design features. The points are accumulated as follows Enhanced Landscaping System –30 points required (20 points in single-family houses and urban manor houses with (2) units) Points FeatureRequirement or example items Awarded 5% of net land area. Plaza shall be continuous w/ minimum area not less than 1,000 sq. ft. If 5% of net land Plaza15 area is greater than 2,000 square feet, multiple plazas are permitted. 5% of net land area w/ minimum area not less than 1,000 Playground15 sq.ft. 1 pt for every 250 sq. ft. w/ minimum area not less than Community garden5-15 1,250 sq. ft. Arcades, structural awnings, galleries, 50% of façade facing primary street or 25 linear ft., 10 balconies or other approved whichever isgreater; 4 ft. minimum depth. pedestrian shelter Single family front porch50% of façade facing primary street10 Each 50 ft. segment of street frontage is required to have 2 streetscaping items. Items include but not are not limited to benches, trash receptacles, bike racks, and planters Enhanced streetscaping10 using materials appropriate for the adjacent street and approved by the Transportation and Public Works Department. 1 light post for every 60 ft. of street frontage; style approved by the Transportation and Public Works Pedestrian-scaled lighting10 Department and consistent with other pedestrian lights on the same block. 3% of net land area. Programmed recreation areas Programmed recreation include but are not limited to chess parks, bocce ball 10 area courts, and exercise/yoga facilities. As approved by the Planning and Development Director or designee. Public art installations include but are not limited to pieces of sculpture, murals, and water features Public art installationplanned and executed with the specific intention of being 10 sited or staged in the physical public domain, outside and accessible to all. Materials used are durable and resistant to graffiti and weather. Required spacing: Street treesSmall/Medium Canopy 25 –30 ft.10 Large Canopy 35–40 ft. Window awnings, shallow door canopies, or other 25% of façade facing primary street or 15 linear ft, façade features that are not whichever is greater. Multiple features (i.e. awnings) may 5 intended to provide add up to the required amount. pedestrian shelter (less than 4 ft in depth) Programmed sitting area/public outdoor dining Minimum 15 seats5 area Proximity to a public parkWithin 500 ft5 Xeriscaping, on-site stormwater management, rain Sustainable landscaping5 gardens, bio-swales, etc. Rooftop terraceMinimum 200 sq. ft.5 Paved walkway 1 pt for every additional foot of sidewalk width over the 1-11 enhancementCity standard (up to a 15 ft wide sidewalk total) a.Points shall be awarded only one for each feature category, per project. b.Submittal of Landscape Plan.The location and description of decorative paving, sidewalk furniture or other decorative elements, if any, shall be indicated on the landscape plan. c.Landscape Area Required. Section 6.301.H“Landscape Area Required” does not apply to developments in the MU-2G district; except i.All landscaped areas shall be located outside the perimeter of the footprint of a building or structure; protected by wheel stops, curbs or other physical barriers where adjacent to vehicle use areas; and be covered with grass, organic mulch or low maintenance groundcover. (Section 6.301.H.1.b.) ii.Landscaped bioretention areas are encouraged for natural drainage channels to reduce runoff and increase infiltration of water into the soil.(Section 6.301.H.2.b.) iii.When there is a front yard setback of at least five feet, front yard landscaping is required for areas outside the ground level patios, parkways and pedestrian walkways. Front yard landscaping must adhere to the shrub and native plants as listed in Table 6.8, Table A of Section 6.301.H. as well as other applicable regulations described or referenced within the MU-2G regulations. d.Irrigation.An irrigation system shall be installed to provide total water coverage to all plant materials installed pursuant to Section 6.301.I “Irrigation”. e.Miscellaneous Requirements.In addition to required trees and shrubs, all of the required landscape area must be covered with grass, organic mulch, live groundcover, decorative paving, sidewalk furniture or other decorative elements. 3.Landscaping in Parking and Driveway Areas. a.Landscape islands, linear landing strips, bio-swales, or rain gardens shall be required in parking lots with 12 or more parking spaces. All landscape islands and strips shall have at least one tree. b.Every parking space is required to be not more than 60 feet from a medium or large canopy tree planted within a median, strip or island measured from the trunk at planting. c.Required size of landscape islands and linear landscaping strips containing trees: i.Within parking lots with non-porous surfaces: 130 square feet; 8 feet minimum width ii.Planted in Structural Soil: 64 square feet; 8 feet minimum width. The use of an approved structural soil shall be limited to landscape islands and adjacent walkways and parking areas necessary for proper tree growth. Structural soils shall not be used for fire lanes in parking lots. iii.Within parking lots with approved porous surfaces for parking areas excluding fire lanes: 16 square feet. Tree trunks should be protected by wheel stops or other physical barriers excluding curbs. iv.Linear landscaping strips are encouraged in lieu of landscaping islandswhere possible. d.Parking lots shall be screened from the public right-of-way with landscaping, berms, fences or walls 36 to 42 inches in height. e.Driveways that are located and parallel to a public street shall be screened from the public right-of-way with landscaping, berms, fences, or walls 36 to 42 inches in height. FFaçade Design Standards for New Construction. .Projects that clearly conform to all façade design standards maybe approved administratively by the Planning & Development Director or designee. A waiver from the faced design standards may be granted by the Urban Design Commission (UDC) in accordance with the applicable development principles and standards. Large Retail Stores – Large retail stores greater than 50,000 square feet are exempt from the regulations of this section 8 “Façade Design Standards for New Construction,” but shall conform to the design standards for large retail stores listed in Section 5.134 of the Zoning Ordinance. 1.Required Drawings –To illustrate compliance with the following standards, elevation drawings shall be submitted to the Planning & Development Department for those building facades that are oriented to: a.public streets, b.private streets and walkways that are publicly accessible through a public use easement, or c.publicly accessible open space. 2.Façade Variation a.Scaling Elements: Each new building façade oriented to a publicly accessible street or open space shall at a minimum incorporate threeor more of the following four scaling elements for building façades greater than50 ft. in width, and at least twoof the following elements for building facades less than 50 ft. in width: i.Expression of building structural elements such as: a.Floors (banding, belt courses, etc. not less than one inch deep and four inches wide), b.Columns (pilasters, piers, quoins,etc. not less than four inches deep and six incheswide), or c.Foundation (water tables, rustication); ii.Variation in wall plane (not less than fourinches) through the use of projecting and recessed elements.Such elements could include patterns ofdoor and window openings (and the use of sills, mullions, and other scale providing window elements), and/or more pronounced architectural features, such as porches, alcoves, and roof dormers; iii.Changes in material or material pattern.Each change of material shall involve a minimum oneinch variation in wall plane; and iv.Noticeable changes in coloror shade. b.New building facades oriented to a publicly accessible street or open space shall include differentiation between the first and second level and the upper levels with a cornice, canopy, balcony, arcade, or other architectural feature. cIf a project consists of more than one block face, each sequential block of new construction shall contain a different building façade to encourage architectural variety within large projects, using the required architectural elements listed in Section a.i. above and/or other architectural features. d.New multifamily residential building facades oriented to a publicly accessible street or open space shall include at least two variations in wall plane per 100 linear feet of street frontage. Variations shall be not less than three feet in depth or projection and not less than two stories in height for multi-story building. 3.Fenestration. New single use commercial and mixed-use building facades fronting on publicly accessible streets or open space shall meet the following requirements: Fenestration Requirement Project TypePrimary StreetSide Street Mixed-Use or Non-Residential Ground Story from 2 feet to 12feet above grade60 percent40 percent Upper Stories25 percent25 percent Residential NoneNone a.Clear glazing must have a visible transmittance rating of 0.5 or greater to count towards the fenestration requirement. b.Fenestration alternatives.The following alternatives may count towards meeting the fenestration requirement and can be used in singular or in combination. If used in combination, they may count no more than 70 percent of the fenestration requirement. Fenestration Alternatives AlternativePercent towards requirement Windows at the ground story but outside the 2-12 feet zone40 percent Wall mounted or recessed display cases at least 4 feet high40 percent Walk-up automated teller machines, video rental or similar kiosk40 percent Green screen system, planter walls, or similar vegetation40 percent Translucent, fritted, patterned, or color glazing40 percent Outdoor dining/seating located between the building and street60 percent 4.Building Materials. Not less than 70 percent of all new building facades (not including door and window areas) facing publicly accessible streets or open space shall be constructed of the following masonry materials: stone, brick, terra cotta, patterned pre- cast concrete, cementplaster stucco, cementboard siding, cast stone or prefabricated brick panels. 5.Building Entries a.Building entrances shall incorporate arcades, roofs, porches, alcoves or awnings that protect pedestrians from the sun and rain. b.Primary entrances shall be provided at intervals not to exceed 125 linear feet of street-oriented residential building frontage. c.Townhouses and other similar street level dwelling units within multi-unit structures shall have individual street-oriented entries for each unit. d.Manor Houses shall have a single primary entrance provided however, that a Manor House with two dwelling units (duplex) may have one primary entrance for each unit. Each primary entrance must be provided under a shared porch or one of the entrances must be accessed from a side façade of the structure. 6.Parking Structure Façade Standards a.Buildings shall not have exposed structural parking at the ground floor level. b.A parking structure façade that faces a public street shall be designed toincorporate contextual architectural elements that complement adjacent buildingsor buildings in the area. c.Parking structure openings shall not exceed 50 percent of the total ground floor façade. G.Other Development Standards. Development in the High Intensity Greenfield Mixed-Use (“MU- 2G”) District shallbe subject to the pertinent development standards in Chapter 6, and the following provisions: 1.Signs. See Chapter 6, Article 4 for requirements and the following provisions: a.In addition to signs allowed in Chapter 6, Article 4, one or more attached project identifier or wayfinding signs may be erected on each façade of the occupied space. The signs may have a total area of 10% of the area of the façade to which the signs are attached, with a maximum aggregate area of 500 square feet per façade. The façade area shall be calculated by multiplying the width times the height, with a maximum calculated height of 15 feet. For structures exceeding 15 feet in height, allowable sign square footage shall be calculated as .75 square feet per linear of building façade. 2.Residential Design Standards. Multifamilydevelopments are exempt from the requirements of Section 6.506 “Unified Residential Development”. 3.Outdoor Storage or Display. Outdoor storage or displayrequirements forthe Intensive Commercial (“G”) District shall apply to the High Intensity Greenfield Mixed-Use (“MU- 2G”) District. 4.Entrances. In order to create a pedestrian-oriented environment in which buildings are oriented toward publicly accessible streets and sidewalks, a principle building must have its main entrance from a public sidewalk or plaza, or from a private sidewalk or plaza that is publicly accessible through a public use easement. The main entrance shall not be from a public parking lot. Secondary entrances from parking lots are permitted. Interior buildings constructed as part of a campus development are exempt from these requirements. 5.Fences and Gates. In order to promote pedestrian-oriented developments, exterior security fences and gates that are located along public streets, along private streets or walkways that are publicly accessible through a public use easement, or along publicly accessible open space shall not extend beyond building facades; i.e., these fences shall not be located in the area between building facades and the property line. Fences not exceeding 4 feet in height, however, may extend beyond the building façade of attached or detached single family house or townhouse developments in mixed-use zoning districts (see ‘5.305 Fences’ B.2. for fence development standards). 6.Development StandardsApplicable to Privately Owned Streets and Drives with Public Access Easements. Private streets and drives with public access easements shall be considered public streets or rights-of-way for the purposes of review for compliance with setbacks, parking, screening, façade variations, fenestration, and other MU-2G design requirement normally based on streets. H.Administrative Review Requirements 1.Conceptual Land Use Plan. Developers of projects equal to or larger than 3 acres in size shall submit a conceptual land use plan for approval by the Planning and Development Director. The conceptual land use plan must be approved before a building permit application is accepted by the Planning and Development Department.The Planning and Development Director may require a conceptual land use plan for a project smaller than 3 acres if the project is part of a development equal to or larger than 3 acres in size. a.The conceptual land use plan shallillustrate the proposed location of land uses on the site, using the following land use categories: i.One-or two-family residential, ii.Multifamily residential, iii.Commercial, iv.Institutional, v.Mixed-use buildings (a mix of residential and non-residential within the same building, meeting the percentage requirements defined in Section 4.1303.C.7.b), or vi.Public park. Parking facilities and private open spaces shall be classified the same as the primary land use they serve. b.Project Test -The conceptual land use plan shall show that the proposed project includes uses within at least two of the land use categories, and that no land use category other than mixed-use buildings occupies greater than 70 percent of the total land area.The land use area percentages shall be calculated using property information obtained from the applicable tax appraisal district.If a development does not comply with this test, then the vicinity test described below shall apply. c.Vicinity Test -Developments in which a single land useother than mixed-use buildings exceeds 70 percent of the site’s total land area are permitted if: i.The Planning and Development Director determines that the following conditions are satisfied: a.The proposed land use at any location within the proposeddevelopment site must be within a walking distance of 1,000 feet of a different land use, as measured by the shortest pedestrian route, and b.The percentage of any single land use category other than mixed-use buildings within a 1,000-foot radius of any location within the proposed development site shall not be greater than 70 percent of the land area within the radius.The proposed development shall be included in the calculation of this percentage. Or c.Once a project, or portion of a project, is constructed or partially constructed in accordance with the approved Conceptual Land Use Plan, this Vicinity test shall not create legal non-conforming status nor prevent the restoration of a building or buildings destroyed by fire, explosion or other casualty, or act of God, or the public enemy, nor prevent the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction. Subsequent development within the 1,000 ft. radius described in Section b. above shallnot affect the approved conceptual land use plan and shall not create legal non-conforming status. Or ii.The Planning and Development Director determines that the developer has demonstrated that unique site conditions (e.g. adjacency to natural features, highways, freight yards, etc.) make compliance with the conditions of section i. above impractical in certain areas of the development site. 2.Conceptual Site Plan. In order to facilitate compliance with the mixed-use zoning standards, developers shall submit a conceptual site plan to the Planning and Development Department for administrative review prior to submittal of permit applications for new construction projects.The site plan shall show the anticipated location of proposed streets, sidewalks and walkways, building footprints, parking areas, landscaped areas and features, and open space. 4.1304Trinity Uptown ("TU") District A.Purpose and Intent It is the purpose of the Trinity Uptown ("TU") District to provide a specific mixed-use development zone that encourages pedestrian-oriented, urban development in the Trinity Uptown area, and to provide development standards and administrative procedures that encourage high-quality, sustainable development and creative design. B.Uses In the Trinity Uptown ("TU") District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables and supplemental standards contained in Section G of the document "Trinity Uptown District Development Standards and Guidelines" an adopted supplement to the City's Zoning Ordinance. C.Property Development Standards The minimum dimension of lots and yards and the height of buildings in the Trinity Uptown ("TU") District, shall be as shown in the accompanying table. Development in this district shall be exempt from all other zoning ordinance regulations not contained within the accompanying table or the document “Trinity Uptown Development Standards and Guidelines. The development standards may only be applied to that area known as the Trinity Uptown District of Fort Worth boundary described as follows and shown in Exhibit B.17: A parcel of land out of the A. Gouehenant Survey, Abstract No. 582, the M. Baugh Survey, Abstract No. 106, the J. Baugh Survey, Abstract No. 115, the F. G. Mulliken Survey, Abstract No. 1045, and the A. Robinson Survey, Abstract No. 1289, in Tarrant County, Texas, being more particularly described by metes and bounds as follows: BEGINNINGat the intersection of the centerlines of Commerce Street and Weatherford Street; THENCE with the centerline of Weatherford Street, North 60 degrees East, 270 feet to its intersection with the centerline of Calhoun Street; THENCE with the centerline of Calhoun Street, North 30 degrees West, 280 feet to its intersection with the centerline of Belknap Street; THENCE with the centerline of Belknap Street, North 60 degrees East, 780 feet to its intersection with the centerline of Pecan Street; THENCE with the centerline of Pecan Street, North 30 degrees West, 270 feet to its intersection with the centerline of Bluff Street; THENCE with the centerline of Bluff Street, South 60 degrees West, 97 feet to its intersection with the extension of the southwesterly property line of Lot 4R, Block 1 of Trinity Bluff, being an addition to the City of Fort Worth according to the plat recorded in Cabinet B, Slide 3356 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.); THENCE Northwesterly with the extension of the said southwesterly property line to its intersection with the centerline of the West Fork of the Trinity River; THENCE Northerly with the meanders of said river centerline to its intersection with the south right-of-way line of Greer Street projected west; THENCE Easterly, to and along the south right-of-way line of the said Greer Street, to its intersection with the east property line of Lot 5 of S. Terrell Addition, being an addition to the City of Fort Worth according to the plat recorded in Volume 1624, Page 274 of the Deed Records of Tarrant County, Texas, (D.R.T.C.T.), extended south; THENCE Northerly, to and along the east property line of the said Lot 5, to the northeast property corner of the said Lot 5; THENCE Northerly to the southeast corner of the Baldemar Lane street right-of-way; THENCE Northerly, along the east right-of-way line of the said Baldemar Lane and then along the said right-of-way line extended north to the southeast property corner of Lot 9-RB of North Park Business Center, being an addition to the City of Fort Worth according to the plat recorded in Volume 388-124, Page 77 of the (P.R.T.C.T.); THENCE Northerly, along the east property line of the said Lot 9-RB to a point on the north property line of Lot 2 of Holloway’s Addition, being an addition to the City of Fort Worth according to the plat recorded in Volume 1530, Page 373 of the (D.R.T.C.T.); THENCE Easterly, along the north property line of the said Lot 2 to a point on the west right-of-way line of Samuels Avenue; THENCE Northerly, along the west right-of-way line of said Samuels Avenue to its intersection with the south right-of-way line of North Park Drive; THENCE Westerly, along the south right-of-way line of North Park Drive, to the northwest property corner of Lot 10-RA of the said Northpark Business Center Addition, said point also being on the east right-of- way line of an existing 75 foot wide Texas Electric Service Co. right-of-way (T.E.S.Co. R.O.W.); THENCE Southerly, along the east right-of-way line of the said T.E.S.Co. R.O.W. to the southwest property corner of the said Lot 10-RA; THENCE Northwesterly, to the southeast property corner of Lot 11-A of Northpark Business Center, being an addition to the City of Fort Worth according to the plat recorded in Volume 388-218, Page 37 of the (P.R.T.C.T.); THENCE Northerly, along the west right-of-way line of said T.E.S.Co. R.O.W. to its intersection with the southwest right-of-way line of North Park Drive; THENCE Northwesterly, along the southwest right-of-way line of said North park Drive to the northwest property corner of Lot 11-B of the said Northpark Business Center Addition; THENCE South 10 degrees 08 minutes West, 1043 feet to a point in the centerline of the West Fork of the Trinity River; THENCE North, 61degrees 53 minutes 19 seconds West, with the said river centerline, 320.55 feet to a point; THENCE North, 42 degrees 28 minutes 14 seconds West, with the said river centerline, 704.18 feet to a point at the beginning of a curve to the left having a radiusof 183.55 feet; THENCE in the westerly direction along the said curve through an arc length of 320.21 feet and across a chord which bears South 82 degrees 47 minutes 01 seconds West 281.12 feet to point on the centerline of the proposed Trinity River by-pass channel; THENCE Southerly, along the centerline of the said proposed Trinity River by-pass channel to its intersection with the centerline of the Clear Fork of the Trinity River; THENCE Northeasterly, along the centerline of the said Clear Fork of the Trinity River, 1126.42 feet to a point; THENCE South 29 degrees 52 minutes 13 seconds east 346.15 feet to a point; THENCE South 85 degrees 07 minutes 25 seconds East 348.96 feet to a point; THENCE North 59 degrees 20 minutes 26 seconds East to the centerline of Lexington Street; THENCE Southeasterly, along the centerline of said Lexington Street to its intersection with the centerline of Bluff Street; THENCE Northeasterly, along the centerline of Bluff Street to its intersection with the centerline of Henderson Street; THENCE North 30 degrees 11 minutes 24 seconds West, along the centerline of Henderson Street, at 249.16 feet passing the intersection of the centerline of Peach Street extended, continuing in all a total distance of 317.61 feet to a point; THENCE North 58 degrees 46 minutes 38 seconds East 254.82 feet to a point; THENCE North 30 degrees 20 minutes 09 seconds West 46.79 feet to a point; THENCE North 20 degrees 59 minutes 49 seconds West 629.42 feet to a point in the centerline of proposed Lexington Street; THENCE Easterly, with the centerline of proposed Lexington Street to its intersection with the centerline of North Main Street; THENCE South 30 degrees 24 minutes 58 seconds East, along the centerline of North Main Street 326.66 feet to a point; THENCE North 60 degrees 12 minutes 03 seconds East 321.00 feet to the centerline of Commerce Street; THENCE Southeasterly, with the centerline of Commerce Street to thePoint of Beginning. Core Zones are more particularly described as follows: Urban LakeZones (UL) UL 3 West (UL3) A parcel of land out of the A. Gouehenant Survey, Abstract No. 582, Tarrant County, Texas, being more particularly described by metes and bounds as follows: th Street and the centerline of Street 12; BEGINNINGat the intersection of the centerlineof 5 th THENCE Northeasterly along the said centerline of 5Street to the centerline of Street 11; THENCE Southeasterly along the said centerline of Street 11 to the centerline of proposed Canal “B’; THENCE Southwesterly along the said centerline of proposed Canal “B” to the centerline of West Fork of the Trinity River; THENCE Northwesterly along the said centerline of the West Fork of the Trinity River to the centerline of proposed Canal “A”; THENCE Southwesterly along the said centerline of proposed Canal “A” to the said centerline of Street 12; THENCE Northwesterly along the said centerline of Street 12 to the Point of Beginning. East (UL3) A parcel of land out of the A. Gouhenant Survey, Abstract No. 582, Tarrant County, Texas, being more particularly described by metes and bounds as follows: th BEGINNINGat the intersection of the centerline of 5Street and the centerline of Street 12; th THENCE Northeasterly along the said centerline of 5Street to the centerline of Street 11; THENCE Southeasterly along the said centerline of Street 11 to the centerline of proposed Canal “B”; THENCE Southwesterly along the said centerline of proposed Canal “B” to the centerline of the West Fork of the Trinity River; THENCE Northwesterly along the said centerline of West Fork of the Trinity River to the centerline of proposed Canal “A”; THENCE Southwesterly along the said centerline of proposed Canal “A” to the said centerline of Street 12; THENCE Northwesterly along the said centerline of Street 12 to the Point of Beginning. UL-2 A parcel of land out of the M. Baugh Survey, Abstract No. 582, Tarrant County, Texas, being more particularly described by metes and bounds as follows: BEGINNINGat the intersection of the centerline ofNorth Main Street and the centerline of proposed canal “B”; THENCE Southeasterly along the said centerline of Main Street to the centerline of the West Fork of the Trinity River; THENCE Westerly along the said centerline of the West Fork of the Trinity River to the centerline of the Clear Fork of the Trinity River; THENCE Southwesterly along the said centerline of Clear Fork of the Trinity River to the centerline of Street 13; THENCE Northwesterly along the said centerline of Street 13 to the centerline of proposed Canal “A”; THENCE Northeasterly along the said centerline of Canal “A” to the said centerline of the West Fork of the Trinity River; THENCE Southeasterly along the said centerline of the West Fork of the Trinity River to the said centerline of proposed Canal “B”; THENCE Northeasterly along the said centerline of Canal “B” to the said centerline of the Point of Beginning. UL-1 A parcel of land out of the A. Robinson Survey, Abstract No. 1289, Tarrant County, Texas, being more particularly described by metes and bounds as follows: BEGINNINGat the intersection of the centerline of Henderson Street and the centerline of proposed Lexington Street North; THENCE Easterly along the said centerline of Lexington Street 516.11 feet to a point; THENCE South20 degrees 59 minutes 49 seconds east 629.42 feet to a point; THENCE South 30 degrees 20 minutes 09 seconds East 46.79 feet to a point; THENCE South 58 degrees 46 minutes 38 seconds West 254.82 feet to the centerline of Henderson Street; THENCE Northwesterly along the said centerline of Henderson Street to thePoint of Beginning. North Main (NM) A parcel of land out of the Felix G. Mulliken Survey, Abstract No. 1045, A. Gouhenant Survey, Abstract No. 582, Tarrant County, Texas, being more particularly describedby metes and bounds as follows: th Street and the centerline of Street 10; BEGINNINGat the intersection of the centerline of 7 th THENCE Northeasterly along the said centerline of 7Street to the centerline of Commerce Street; THENCE Southeasterlyalong the said centerline of Commerce Street to the centerline of proposed Canal “B”; THENCE Southwesterly along the said centerline of proposed Canal “B” to the centerline of Street 11; th Street; THENCE THENCE Northwesterly along the said centerline of Street 11 to the centerline of 5 th Northeasterly along the said centerline of 5Street to the said centerline of Street 10; THENCE Northwesterly along the said centerline of Street 10 to the Point of Beginning. Neighborhood Tower Zones N3 South (N3) A parcel of land out of the R. Crowley Survey, Abstract No. 313, and the W. Russell Survey, Abstract No. 151, Tarrant County, Texas, being more particularly described by metes and bounds as follows: BEGINNINGat the intersection of the centerline of HendersonStreet and the centerline of proposed Canal “A”; THENCE Southerly along the said centerline of proposed Canal “A” to the centerline of the Clear Fork of the Trinity River; THENCE Southwesterly along the said centerline of the Clear Fork of the Trinity River to the centerline of the proposed Trinity River by-pass channel; THENCE Northerly along the said centerline of the by-pass channel to the said centerline of Henderson Street; North THENCE Southeasterly along the said centerline of Henderson Street to the Point of Beginning. (N3) A parcel of land out of the Felix G. Mulliken Survey, Abstract No. 1045, Tarrant County, Texas, being more particularly described by metes and bound as follows: th Street and the centerline of the west BEGINNINGat the intersection of the centerline of the proposed 7 Fork of the Trinity River; th Street; THENCE Southwesterly along the said centerline of proposed Canal “D” to the centerline of 6 th THENCE southeasterly along the said centerline of proposed Canal “D” to the centerline of 6Street; th THENCE Southwesterly along the said centerline of 6Street to the centerline of Commerce Street; th THENCE Northwesterly along the said centerline of Commerce Street to the centerline of the 8Street; th THENCE Northeasterly along the said centerline of 8street to the centerline of Calhoun Street; THENCE Northwesterly along the said centerline of Calhoun Street projected north to the centerline of the West Fork of the Trinity River; THENCE Southeasterly along the said centerline of the West Fork of the Trinity River to the Point of Beginning. Southeast (N3) A parcel of land out of the A. Robinson Survey, Abstract No. 1289 and the W. Russell, Abstract No. 151, Tarrant County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the centerline of Henderson Street and the centerline of the Clear Fork of the Trinity River; THENCE Southeasterly along the said centerline of Henderson Street to its intersection with the centerline of Bluff Street; THENCE Southwesterly along the said centerline of Bluff Street to its intersection with the centerline of Lexington Street North; THENCE North 29 degrees 58 minutes 55 seconds West, along the centerline of Lexington Street North, 399.15 feet to a point; THENCE south 59 degrees 20 minutes 26 seconds West 36.98 feet to a point; THENCE North 85 degrees 07 minutes 25 seconds West 348.96 feet to a point; THENCE North 29 degrees 52 minutes 13 seconds West 316.15 feet to a point on the centerline of the Clear Fork of the Trinity River; THENCE Northeasterly along the said centerline of Clear Fork of the Trinity River to the Point of Beginning. N2 West (N2) A parcel of land out of the W. Russell Survey, Abstract No. 151, the R. Crowley Survey, Abstract No. 313, the A. Gouehenant Survey, Abstract No. 582, the J. Baugh Survey, Abstract No. 115, and the F. Mulliken Survey, Abstract No. 1045, Tarrant County, Texas, being more particularly described by metes and bounds as follows. th BEGINNINGat the intersection of the centerline of 7Street and the centerline of Commerce Street; th THENCE Southwest along the said centerline of 7Street to its intersection with the centerline of Street 10; th THENCE Southeast along the said centerline of Street 10 to its intersection with the centerline of 5 Street; th THENCE Southwest along the said centerline of 5Street to its intersection with the centerline of Street 12; THENCE Southeast along the said centerline of Street 12 to its intersection with the centerline of Canal “A”; THENCE Southwest along the saidcenterline of Canal “A” its intersection with the centerline of Street 13; THENCE Southeast along the said centerline of Street 13 to its intersection of Clear Fork of the Trinity River; THENCE upstream in a southwest direction along the said centerline of the Clear Fork of the Trinity River to its intersection with the said centerline of Canal “A”; THENCE Northwesterly along the said centerline of Canal “A” to its intersection with the centerline of Henderson Street; THENCE Northwest along the said centerline of Henderson Street to its intersection with the centerline of the Trinity River by-pass channel; THENCE North along the said centerline of the by-pass channel to its intersection with Calhoun Street projected North; THENCE Southeast along the said projected centerline of Calhoun Street to its intersection with the th Street; centerline of 8 th Street to its intersection with the centerline of THENCE Southwest along the said centerline of 8 Commerce Street; THENCE Southeast along the said centerline of Commerce Street to the Point of Beginning. East (N2) A parcel of land out of the A. Gouehenant Survey, Abstract No. 582, the M. Baugh Survey, Abstract No. 106 and the Felix G. Mulliken Survey, Abstract No. 1045, Tarrant County, Texas, being more particularly described by metes and bounds as follows: BEGINNING in the centerline Canal “B” at its intersection with the intersection of Commerce Street; THENCE Northwest along the said centerline of Commerce Street to its intersection with the centerline of th Street; 6 th Street to its intersection with the centerline of Street 3; THENCE Northeast along the said centerline of 6 th Street; THENCE Northwest along the said centerline of Street 3 to its intersection with the centerline of 7 th Street to its intersection with the centerline of THENCE Northeast with the said centerline of proposed 7 the West Fork of the Trinity River; THENCE Southerly and upstream with the said centerline of the West Fork of the Trinity River to its intersection with the projected centerline of Canal “B”; THENCE Westerly with the said centerline of Canal “B” to thePoint of Beginning. South (N2) A parcel of land out of the A. Robinson Survey, Abstract No. 1289, Tarrant County, Texas, being more particularly described by metes and bounds as follows: BEGINNINGat the intersection of the centerline of Henderson Street and the centerline of proposed Lexington Street North; THENCE Easterly along the said centerline of Lexington Street 516.11 feet to a point; THENCE South 20 degrees59 minutes 49 seconds east 629.42 feet to a point; THENCE South 30 degrees 20 minutes 09 seconds East 46.79 feet to a point; THENCE South 58 degrees 46 minutes 38 seconds West 254.82 feet to the centerline of Henderson Street; THENCE Northwesterly along the said centerline of Henderson Street to the Point of Beginning. Northeast (N2) A parcel of land out of the Felix G. Mulliken Survey, Abstract No. 1045, Tarrant County, Texas, being more particularly described by metes and bounds as follows: BEGINNINGat the intersection of the centerline of the West Fork of the Trinity River and the south right- of-way line of Greer Street projected west; THENCE easterly to and along the south right-of-way line of said Greer Street, to its intersection with the eastproperty line of Lot 5 of S. Terrell Addition, being an addition to the City of Fort Worth according to the plat recorded in Volume 1624, Page 274 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), extended south; THENCE Northerly to and along the east property line of the said Lot 5, to the northeast property corner of the said Lot 5; THENCE Northerly to the southeast corner of the Baldemar Lane street right-of-way; THENCE Northerly along the east right-of-way line of said Baldemar Lane and then along the south right- of-way line extended north to the southeast property corner of Lot 9-RB of North Park Business Center, being an addition to the City of Fort Worth according to the plat recorded in Volume 388-124, Page 77 of the (P.R.T.C.T.); THENCE Northerly along the east property line of the said Lot 9-RB to a point on the north property line of Lot 2 of Holloway’s Addition, being an addition to the City of Fort Worth according to the plat recorded in Volume 1530, Page 373 of the (D.R.T.C.T.); THENCE Easterly along the north property line of the said Lot 2 to a point on the west right-of-way line of Samuels Avenue; THENCE Northerly along the west right-of-way line of said Samuels Avenue to its intersection with the south right-of-way line of North Park Drive; Thence Westerly along the south right-of-way line of North Park Drive, to the northwest property corner of Lot 10-RA of the said North Park Business Center Addition, said point also being on the east right-of-way line of an existing 75 foot wide Texas Electric Service Co. right-of-way (T.E.S.Co. R.O.W.); THENCE Southerly along the east right-of-way of the said (T.E.S.Co. R.O.W.) to the southwest property corner of the said Lot 10-RA; THENCE Northwesterly to the southeast property corner of Lot 11-A of Northpark Business Center, being an addition to the City of Fort Worth according to the plat recorded in Volume 388-218, Page 37 of the P.R.T.C.T.; THENCE Northerly along the west right-of-way line of said (T.E.S.Co. R.O.W.) to its intersection with the southwest right-of-way line of North Park Drive; THENCE Northwesterly along the southwest right-of-way line of North Park Drive to the northwest property corner of Lot 11-B of the said Northpark Business Center Addition; THENCE South 10 degrees 08 minutes West 1043 feet to a point in the centerline of the West Fork of the Trinity River; THENCE Southeasterly along the said centerline of the West Fork of the Trinity River to the Point of Beginning. N1 A parcel of land in the A. Gouehenant Survey, Abstract No. 582, and the M. Baugh Survey, Abstract No. 106, Tarrant County, Texas, being more particularly described by metes and bounds as follows: BEGINNINGat the intersection of the centerline of North Main Street and the centerline of the West Fork of the Trinity River; THENCE Northerly along the centerline of North Main Street to the centerline of the proposed Canal “B” as shown on the Trinity Uptown Zoning Map; THENCE Easterly along the centerline of proposed Canal “B” to the centerline of the West fork of the Trinity River; THENCE upstream along the centerline of the West Fork of the Trinity River in a southerly direction to the Point of Beginning LaGrave Field (LF) A parcel of land out of the Felix G. Mulliken Survey, Abstract No. 1045, Tarrant County, Texas, being more particularly described by metes and bounds as follows: th Street and the centerline of proposed Canal “D”; BEGINNINGat the intersection of the centerline of 7 th Street to the centerline of Street 3; THENCE Northeasterly along the said centerline of 7 th Street; THENCE Southeasterly along the said centerline of Street 3 to the centerline of 6 th THENCE Southwesterly along the said centerline of 6Street to the said centerline of proposed Canal “D”; Thence Northwesterly along the said centerline of Canal “D” to the Point of Beginning. Tarrant County College (TCCD) A parcel of land out of the M. Baugh Survey, Abstract No. 106, Tarrant County, Texas, being more particularly described by metes and bounds as follows; BEGINNINGat the intersection of the centerlines of Commerce Street and Weatherford Street; Thence Northeasterly with the centerline of Weatherford Street to its intersection with the centerline of Calhoun Street; THENCE Northwesterly with the centerline of Calhoun Street to its intersection with the centerline of Belknap Street; THENCE Northeasterly with the centerline of Belknap Street to its intersection with the centerline of Pecan Street; THENCE Northwesterly with the centerline of Pecan Street to its intersection with the centerline of Bluff Street; THENCE Southwesterly with the centerline of Bluff Street to its intersection with the extension of the southwest property line of Lot 4R, Block 1 of Trinity Bluff, being an addition to the City of Fort Worth according to the plat recorded in Cabinet B, Slide 3356 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.); THENCE Northwesterly with the extension of the said southwesterly property line to its intersection with the centerline of the West Fork of the Trinity River; THENCE upstream along the centerline of the West Fork of the Trinity River in a Southerly direction to the centerline of North Main Street; THENCE Southeasterly with the centerline of North Main Street to its intersection with East Bluff Street; THENCE Northwesterly with the centerline of E. Bluff Street to its intersection with Commerce Street; THENCE Southeasterly with the centerline of Commerce Street to the Point of Beginning. (Ord. No. 19268, Eff. 09/07/10) Trinity Uptown (“TU”) District 80 percent of a building’s front façade must be located within 10 feet of FrontBuild-To Range* the property line. 80 percent of a building’s front façade must be located no closer than 5 WaterfrontBuild-To Range* feet and no farther than 15 feet from theproperty line. Rear Yard* 5 feet minimum None required. If provided, must be minimum of three feet and maximum Side Yard* of 10 feet. Units per Acre No restriction Units per Building No restriction LaGrave Field Zone Minimum 16 feet; Maximum 72 feet Neighborhood Zones N-1 Minimum 3 floors; Maximum 72 feet Neighborhood Zones N-2–North and South Minimum 3 floors; Maximum 96 feet Neighborhood Tower Zones N-3–North, Central and South Minimum 6 floors; Maximum 288 feet Urban Lake Zone 1 BuildingHeight Range** Minimum 2 floors; Maximum 36 feet Urban Lake Zone 2 Minimum 3 floors; Maximum 72 feet Urban Lake Zone 3 Minimum 3 floors; Maximum 96 feet North Main Zone Minimum 3 floors; Maximum 96 feet Tarrant County College District Zone Minimum 3 floors; Maximum 72 feet Notes: *Additional setback standards and guidelines contained in “Trinity Uptown Development Standards and Guidelines.” ** See core zone boundary map in Appendix B. D.Other Development Standards Development in the Trinity Uptown ("TU") District is subject to the development standards and guidelines contained in the "Trinity Uptown District Development Standards and Guidelines" document.Trinity Uptown District Development Standards and Guidelines are hereby approved by the City Council and are included in the zoning ordinance by reference.All future amendments to the Trinity Uptown District Development Standards 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. Metal Buildings. The exterior metal walls of the front and any sides of a building facing a public street shall not be constructed with exposed fasteners on more than fifty (50) percent of the building. All buildings with metal sidingshall have at least two (2) exterior architectural features for articulation, such as front porches, gables, awning or other exterior siding materials. Exterior metal siding shall not be considered an architectural feature. These provisions shall not apply to large retail stores. E.Development Review Process 1.Certificate of Appropriateness. Within the Trinity Uptown ("TU") District, issuance of a certificate of appropriateness reflecting compliance with the Trinity Uptown District Development Standards and Guidelines is required as outlined in 2 below. 2.Certificate of Appropriateness Required. Within the Trinity Uptown District, issuance of a Certificate of appropriateness reflecting compliance the Trinity Uptown Development Standards and Guidelines is required as a condition of the following: a.Acceptance by the Planning & Development Department of an application for a building permit for construction of a new structure; b.Acceptance by the Planning &Development Department of an application for a building permit for expansion of an existing structure; c.Acceptance by the Planning & Development Department of an application for a building permit for renovation, remodeling or other alteration of an existing structure; and d.Construction of a surface parking lot. 3.Pre-design Conference. A pre-design conference with the Planning & Development DepartmentDirector 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 Planning and Development Director for discussion at the pre-design conference. a.Footprints of all existing structures. b.Proposed footprints of all new structures. c.Existing structures adjacent to the property. d.Existing and proposed floor plans (schematic drawings). e.Building setbacks. f.Location of parking areas. g.Location of landscape areas. h.Two copies of building elevations for all sides of the building(s). i.Photographs of the site and adjoining properties. 4.Application for Certificate of Appropriateness . The followingmaterials shall be submitted to the Planning & 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 Urban Design Commissionat which the application for a Certificate of Appropriateness will be considered. a.Nine copies of site plan including: i.Footprints of all existing structures. ii.Proposed footprint of all new structures. iii.Existing structures adjacent to the property. iv.Building setbacks. v.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.Nine 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 sizeof all trees, shrubs, and groundcover, location and coverage of irrigation system, and location and description of street furniture. c.Nine 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.Nine 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 and site materials, finishes and fixtures. 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 be furnished. Any proposed illumination shall be indicated on the drawing. 5.Authority to Approve Certificate of Appropriateness. The Urban Design Commission is hereby charged with the duty and invested with the authority to: a.Enforce the Trinity Uptown Development Standards and Guidelines for new construction and renovations by hearing and deciding applications for Certificates of Appropriateness in accordance with Section 4.1304, and; b.Propose amendments to the Trinity Uptown Development Standards and Guidelines to the Zoning Commission and City Council from time to time. 6. Appeal. a.Appeals Board. i.All decisionsby the Urban Design Commission may be appealed to the Appeals Board 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. The written notice of appeal shall specify: i.That the decision of the board is unreasonable, either in whole or in part; and ii.The grounds for the appeal. b. The Appeals Board 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 Appeals Board 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 Appeal Boards shall: i.Hear and consider testimony and evidence concerning the previous recommendations and actions of the City staff and the Urban Design Commission; ii.Hear new testimony and consider new evidence that was not available at the time of the hearing before the Urban Design Commission; iii.Apply the substantial evidence test to the decision of the Urban Design Commission; iv.Have to options to remand any case back to the Urban Design Commission for further proceedings. c. The Appeals Board 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 Appeals Board shall exhaust the administrative remedies of the property owner/appellant under this title. Any owner/appellant aggrieved by the decision of the Appeals Board may file in District Court. 4.1305Near Southside (NS) District A.Purpose and Intent It is the purpose of the Near Southside (“NS”) District to provide a specific mixed-use development zone that encourages pedestrian-oriented, urban development on the Near Southside, and to provide development standards and administrative procedures that encourage high-quality, sustainable development and creative design. B.Uses In the Near Southside (“NS”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables and supplemental standards contained in Section 6 of the document “Near Southside Development Standards and Guidelines,” an adopted supplement to the City’s Zoning Ordinance. Near Southside (“NS”) District Front Setback* 0 feet minimum, 20 feet maximum Rear Yard* 3 feet minimum Side Yard* 0 feet minimum Units per Acre No restriction Units per Building No restriction New facades along public streets and public places: 15 feet for buildings < 4,000 square feet Minimum Heights 18 feet for buildings 4,000 square feet Ground floors of multistory non-residential buildings: minimum 10 feet, floor to ceiling T4 and T4-N:3 stories T4-I:6 stories Maximum heights** T55 stories T5-I10 stories TN4-N:mix or public space4 stories T4: mix or public space5 stories Maximum heights with mix of T4: mix and public space6 stories use and/or public spaces bonuses** T5: mix or public space8 stories T5: mix and public space10 stories Notes: *Additional setback standards and guidelines contained in “Near Southside Development Standards and Guidelines.” ** See zone boundary map in Exhibit C. Height bonus and Fairmount transitional height plane provisions contained in “Near Southside Development Standards and Guidelines.” C.Property Development Standards The minimum dimension of lots and yards and the height of buildings in the Near Southside (“NS”) District, shall be as shown in the accompanying table and the document “Near Southside Development Standards and Guidelines.” The development standards may only be applied to that area known as the Near Southside District of Fort Worth boundary as described in Exhibits “A” through “C”, attached hereto and incorporated by reference.(Refer to Near Southside Development Standards and Guidelines). D.Other Development Standards Development in the Near Southside (“NS”) District is subject to the development standards and guidelines contained in the “Near Southside Development Standards and Guidelines” document. The Near Southside Development Standards and Guidelines attached hereto and approved by the City Council are included in the zoning ordinance by reference. All future amendments to the Near Southside Development Standards and Guidelines must be considered by the Urban Design Commission and Zoning Commission and approved by the City Council in accordance with the procedure set out in Article 5, Chapter 3.Metal Buildings. The exterior metal walls of the front and any sides of a building facing a public street shall not be constructed withexposed fastenerson more than fifty (50) percent of the building. All buildings with metal sidingshall have at least two (2) exterior architectural features for articulation, such as front porches, gables, awning or other exterior siding materials.Exterior metal siding shall not be considered an architectural feature. These provisions shall not apply to large retail stores. E.Development Review Process 1.Certificate of Appropriateness: The Planning and Development Director or Urban Design Commission (UDC) will issue a Certificate of Appropriateness (COA) for approved public and private projects.In exceptional cases the UDC may approve a COA if a project is clearly consistent with applicable development principles but does not conform to a certain development standard(s) or guideline(s).The COA for such projects must describe the projects’ compliance with applicable principles. Within the Near Southside (“NS”) District, issuance of a certificate of appropriateness reflecting compliance with the Near Southside Development 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 exterior renovation, remodeling or other alteration of an existing structure; and d.Construction of a surface parking lot. 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 twenty-one days before the meeting of the UDC 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 UDC. a.Copies of site plan including i.Footprints of all existing structures ii.Proposed footprint of all new structures iii.Existing structures adjacent to the property iv.Building setbacks v.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, brochuresand/or photographs of all exterior building and site materials, finishes and fixtures. f.For all detached signs, 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 Planning and Development 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 the project conforms to all standards and guidelines. b.The Urban Design Commission is hereby charged with the duty and invested with the authority to enforce the Near Southside Development Standards and Guidelines for new construction and exterior renovations by hearing and deciding applications for certificates of appropriateness in accordance with this section. F.Appeals 1.All decisions by the Planning and Development Director may be appealed to the Urban Design Commission.A written notice of appeal must be filed with the Executive Secretary of the UDC within ten (10) days of notice of the decision of the Planning and Development Director or designee.The standard of review for an appeal before the UDC shall be de novo. 2.All decisions other than actions relating to designation by the UDC may be appealed to the Appeals Board by the applicant.A written notice of appeal must be filed with the City Secretary within ten days after receipt of notification of the UDC’s decision.The written notice of appeal shall specify: a.That the decision of the board is unreasonable, either in whole or in part; and b.The grounds for the appeal. 3.The Appeals Board 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 UDC shall forward to the Appeals Board a complete record of the matter, including a transcript of the tape of the hearing before the UDC.In consideration of an appeal, the Appeals Board shall: a.Hear and consider testimony and evidence concerning the previous recommendations and actions of the city staff and the UDC; b.Hear new testimony and consider new evidence that was not available at the time of the hearing before the UDC; c.Apply the substantial evidence test to the decision of the UDC, considering the record made before the UDC; d.Have the option to remand any case back to the UDC for further proceedings. 4.The Appeals Board may uphold, reverse or modify the decision of the UDC unless a continuance is agreed to by the owner/appellant. 5.A hearing before the Appeals Board shall exhaust the administrative remedies of the property owner/appellant under this title. Any owner/appellant aggrieved by the decision of the Appeals Board may file in District Court. 4.1306Camp Bowie Overlay (“CB”)District A.Purpose and Intent It is the purpose of the Camp Bowie District to provide a more functional and attractive community through the use of recognized principles of urban design and allow property owners flexibility in land use. The design standards and guidelines and administrative procedures for new construction and certain renovations in the area prescribe a higher level of detail in building design and form. B.Uses In the Camp Bowie (“CB”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued except in accordance with the usetables and supplemental standards contained in Section 5 of the document “Camp Bowie Boulevard Revitalization Code,” an adopted supplement to the City’s Zoning Ordinance. C.Property Development Standards The minimum dimension of lots and yards and the height of buildings in the Camp Bowie (“CB”) District is listed below by Character zone and shall be as shown in the document “Camp Bowie Boulevard Revitalization Code.” The Development Standards may only be applied to that area known as the Camp Bowie District of Fort Worth, boundary as described in Exhibits “A” and “B”, attached here to and incorporated by reference. Highway Commercial Zone Setbacks (dependent on Street Classification in Regulating Plan): Front (Neighborhood Street / Civic Space)10’ minimum, 20’ maximum Front (Boulevard/Local Street/ Highway)10’ minimum, 40’ maximum Side and Rear (from property line)0’ Building Height: 6 stories maximum Ridglea Gateway Zone Setbacks (dependent on Street Classification in Regulating Plan): Front (Neighborhood Street / Civic Space)10’minimum,20’ maximum Front (Boulevard/Local Street)10’ minimum, 30’ maximum Side and Rear(from property line)0’ Building Height: 5 stories maximum Ridglea Urban Village Core North Zone Setbacks (dependent on Street Classification in Regulating Plan): Front (Neighborhood Street and Civic Space)5’ minimum, 10’ maximum Front (Boulevard and Local Streets)10’ minimum, 75’ maximum Side or Rear (distance from property line)0’ Building Height: 3 stories maximum Ridglea Urban Village Core South Zone Setbacks (dependent on Street Classification in Regulating Plan): Front (Neighborhood Street and Civic Space)5’ minimum, 10’ maximum Front (Boulevard and Local Streets)10’ minimum, 75’ maximum Side or Rear (distance from property line)0’ Building Height: 10 stories maximum General Corridor Mixed Use Zone Setbacks (dependent on Street Classification in Regulating Plan): Front (Neighborhood Street and Civic Space)10’ minimum, 20’ maximum Front (Boulevard and Local Streets)10’ minimum, 75’ maximum Side or Rear (distance from property line)0’ Building Height: 6 stories maximum Industrial Arts Zone Setbacks (dependent on Street Classification in Regulating Plan): Front (Neighborhood Street and Civic Space)10’ minimum, 20’ maximum Front (Boulevard and Local Streets)10’ minimum, 30’ maximum Side or Rear (distance from property line)0’ Building Height: 5 stories maximum Western Business District Zone Setbacks (dependent on Street Classification in Regulating Plan): Front (Neighborhood Streetand Civic Space)10’ minimum, 20’ maximum Front (Boulevard and Local Streets)10’ minimum, 75’ maximum Side or Rear (distance from property line)0’ Building Height: 5 stories maximum Transition Zone Setbacks (dependent on Street Classification in Regulating Plan): Front (Neighborhood Street and Civic Space)5’ minimum, 10’ maximum Front (Boulevard and Local Streets)10’ minimum, 30’ maximum Side or Rear (distance from property line)0’ Building Height: 3 stories maximum D.Other Development Standards Development in the Camp Bowie(“CB”) District is subject to the development standards and guidelines contained in the “Camp Bowie District Boulevard Revitalization Code” document, attached as Exhibit “C”.The Camp Bowie District Boulevard Revitalization Codeishereby approved by the City Council and included in the zoning ordinance by reference. All future amendments to the Camp BowieDistrict Boulevard Revitalization Code 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.Development Review Process Certificate of Appropriateness required. 1. Within the Camp Bowie District, issuance of a certificate of appropriateness reflecting compliance the Camp Bowie Boulevard Revitalization Code 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; and d.Construction of a surface parking lot. e.Acceptance by the Planning and Development Department of an application for a sign permit. Application for Certificate of Appropriateness. 2. The following materials shall be submitted to the Planning and Development department inconnection with an application for a certificate of appropriateness. The materials must besubmitted at least twenty-one (21)days before the meeting of the design review board at whichthe 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 projectsite at street level in a location readily visible to the public no less than ten (10) days prior to the meeting of the UDC. a.Copies of site plan including: i.Footprints of all existing structures. ii.Proposed footprint of all new structures. iii.Existing structures adjacent to the property. iv.Building setbacks. v.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. f.For all detached signs, nine site plans drawn to scale indicating sign location and drawings of proposed sign, lettering andgraphics, 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. Authority to Approve Certificate of Appropriateness. 3. a.The Planning and Development 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 the project conforms to all standards and guidelines of the Camp Bowie Boulevard Revitalization Code. The director may refer any case to the UDC for review. b.The Urban Design Commission is hereby charged with and invested with the authority to enforce the Camp Bowie Boulevard Revitalization Code for new construction and exterior renovations by hearing and deciding applications for certificates of appropriateness with this section. F.Appeal . 1.All decisions by the Planning and Development director may be appealed to the Urban Design Commission. A written notice of the appeal must be filed with the Executive Secretary of theUrban Design Commissionwithin ten (10) days of notice of the decision of the Planning and Development 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 Appeals Board 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: i.That the decision of the board is unreasonable, either in whole or in part; and ii.The grounds for the appeal. b.The Appeals Board 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 Appeals Board 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 Appeals Board shall: i.Hear and consider testimony and evidence concerning the previous recommendations and actions of the city staff and the Urban Design Commission; ii.Apply the substantial evidence test to the decision of the Urban Design Commission, considering the record made before the Urban Design Commission; iii.Have the option to remand any case back to the Urban Design Commission for further proceedings. c.The Appeals Board may uphold, reverse or modify the decision of the Urban Design Commission unless a continuance is agreed to by the owner/appellant.