(Ord. 13896, passed 10-12-1999; Ord. 23609-03-2019, § 9, passed 3-19-2019)

   An ambulance dispatch station may be permitted in accordance with the use tables in Chapter 4, Articles 6, 8, and 12, provided that permits shall be for a limited period of time as specified by the city council.

(Ord. 13896, passed 10-12-1999; Ord. 23609-03-2019, § 10, passed 3-19-2019)

   Electrical, gas, plumbing and heating appliances and supply sales; and electrical, gas, plumbing and heating repair and installation services may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, provided that the use is limited to shops that serve the immediate adjacent neighborhood.

(Ord. 13896, passed 10-12-1999)

   No assaying of gold or silver shall be permitted in the “I” or “J” district.

(Ord. 13896, passed 10-12-1999)

   Automotive repair and lubrication, oil changes, paint and body work and other maintenance services are permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, subject to the following conditions.

   (a)   All repairs must be conducted within an enclosed building.

   (b)   Vehicle storage requirements for automotive repair; paint and body shops near one or two-family residential use.

      (1)   Screening.

         a.   Automotive repair; paint and body shops located on property adjacent to a one- or two-family residential use must screen all vehicles that have been accepted for repairs from view from such residential use by parking/storing the vehicles within a building or by providing a six-foot solid screening fence or six-foot solid screen evergreen hedge along the property line adjacent to, or across an alley from, the one or two-family residential use. The solid screen evergreen hedge shall planted be in accordance with the zoning ordinance landscaping and buffer requirements.

         b.   All other automotive repair; paint and body shops within 200 feet from any one or two-family residential use must screen all vehicles that have been accepted for repairs from view from such residential use by parking/storing the vehicles within a building or by providing a six-foot solid screening fence or six-foot solid screen evergreen hedge on all property lines facing the residential use. The measurement of the distance between the automotive repair or paint and body shop and the one or two-family residential use shall be along the nearest property line of the one- or two-family residential use to the nearest property line of the automotive repair or paint and body shop, along street lines and in a direct line across intersections. The solid screen evergreen hedge shall planted be in accordance with the zoning ordinance landscaping and buffer requirements.

      (2)   Overnight vehicle storage requirements.

         a.   No more than two vehicles per bay or repair/inspection station that have been accepted for repairs by the repair, paint or body shop may be stored/parked outside after regular business hours unless the vehicles in excess of two per bay or repair/inspection station are completely enclosed:

            1.   Behind a minimum six-foot solid screening fence in accordance with this section;

            2.   Behind a minimum six-foot solid screen evergreen hedge; or

            3.   Within a building.

         b.   The solid screen evergreen hedge shall planted be in accordance with the zoning ordinance landscaping and buffer requirements.

      (3)   Vehicle storage requirements for wrecked or dismantled vehicles. All wrecked or dismantled vehicles must be stored in an enclosed building or completely enclosed behind a minimum six-foot solid screening fence or a minimum six-foot solid screen evergreen hedge. The solid screen evergreen hedge shall planted be in accordance with the zoning ordinance landscaping and buffer requirements.

   (c)   No repairs shall be conducted on any premises that adjoin any residential district boundary.

   (d)   No automobile repair or service facility shall be permitted to have bay doors facing a one- or two-family district.

   (e)   (1)   No vehicle retained for repairs may be stored for more than 60 days from the date the vehicle is accepted for repair. The 60-day time limit may be extended to a total of 180 days from the date the vehicle is accepted for repair if the automotive repair or paint and body shop has begun the process to obtain a lien on the vehicle pursuant to state law. Extension beyond this time shall be considered a change in use of the property and the board of adjustment shall not have jurisdiction to grant any variance to extend the 60-day or the 180-day period.

      (2)   The time limit in subsection (e)(1) above shall not apply to the repair and/or conditioning of antique vehicles and race car fabrication if the automotive repair or paint and body shop is located in an industrially zoned district.

      (3)   The time limit in subsection (e)(1) above shall not apply to any vehicle ordered by a court or mandated by arbitration or mediation to be stored by the automotive repair or paint and body shop.

   (f)   Any property used as an automotive repair, paint or body shop located in a “MU-2,” “I,” “J” or “K” district must comply with subsections (b) and (e) above. Further, such facilities located in an “MU-2” or MU-2G” district must also comply with §§ 4.1302(g)(5) and 4.1303(g)(5) (Fences and Gates) of the respective districts.

(Ord. 13896, passed 10-12-1999; Ord. 14911, § 1, passed 12-18-2001; Ord. 15166, § 1, passed 7-23-2002; Ord. 17093, § 5, passed 8-8-2006)

   A game room as defined in § 23-22 of the City Code is not permitted in all zoning districts. A conditional use permit overlay shall not be granted for a game room.

(Ord. 27381-12-2024, § 5, passed 12-10-2024, eff. 12-20-2024)

   Bed and breakfast homes may be permitted in accordance with the use tables in Chapter 4, Articles 6, 8, and 12, subject to the following conditions.

   (a)   A site plan to scale shall be presented to the city council when application is made for a bed and breakfast home conditional use permit showing required off-street parking spaces, driveways, sidewalks and any other paving, and the floor plan of the residence showing bedrooms to be used for public accommodation. Applicant shall submit three photographs of the existing residence; a picture of the front of the property showing the property from the street to the front of the residence; and a view from each side property line showing the property from the property line to the residence. The city council will have no authority to waive the site plan.

   (b)   Provisions must be made for one off-street parking space per guest room, plus two off-street parking spaces for the owner. The parking area must be a hard surface and dust free. The city council shall have no authority to grant variances to this requirement.

   (c)   All overnight parking shall be in designated parking spaces, as provided on the site plan.

      (1)   Other than driveways and sidewalks, the front yard (which means the property from the front of the building to the street) may not be paved. The city council shall have no authority to issue variances to this subsection (c)(1).

      (2)   All parking areas on property (except driveways) shall be behind any building lines and must be screened from the view of adjacent residences to a height of six feet by a solid screening fence, or dense shrubs and vegetation. The city council shall have no authority to grant variances to this requirement.

   (d)   Stacked parking is permitted in driveways for a maximum of four vehicles. The city council shall have no authority to issue variances to this subsection (d).

   (e)   Recreational vehicles, trailer homes, campers and utility trucks exceeding seven-foot height, seven-foot width or 20-foot length may not be parked by the owners or occupants of a bed and breakfast home on the premises or the street.

   (f)   A maximum of three guest rooms is allowed with no more than three occupants per guest room up to a maximum total of nine guests per night. The city council shall have no authority to issue variances to this subsection (f).

   (g)   The maximum length of stay is limited to 14 consecutive days for each individual guest. No guest shall stay more than 60 days in a 12-month period.

   (h)   Signage is limited to one square foot, attached to building or mailbox, non-illuminated, and shall display only the name of the bed and breakfast home on it. No additional outdoor advertising of any kind is allowed. The city council will have no authority to issue variances to this subsection (h).

   (i)   The floor plan of a bed and breakfast home cannot be altered or changed without approval by the city council.

   (j)   Basements, garage apartments, guest houses and attic rooms can be rented under these guidelines. Existing garages cannot be converted.

   (k)   A bed and breakfast home must comply with all applicable state and city health and safety laws.

   (l)   No weddings, receptions, events or parties may be held at a bed and breakfast home.

   (m)   No alcoholic beverage may be sold to bed and breakfast guests on the premises.

   (n)   No cooking is permitted in bedrooms.

   (o)   No vending machines are allowed.

   (p)   Souvenirs, clothing or miscellaneous items can be sold only to registered guests by the owner.

   (q)   No trash dumpsters are allowed.

   (r)   Owner must secure an annual operator’s license and obtain a certificate of occupancy before operating a bed and breakfast home.

   (s)   If a bed and breakfast home is also in an historic and cultural landmark (“HC”) overlay district, the strictest guidelines will be enforced.

   (t)   Guests must register on arrival. A guest must provide name, permanent home address and telephone number, vehicle license number and date(s) of occupancy. Registration records must be maintained for five years and are subject to review by city officials at any time.

   (u)   A bed and breakfast home may not be located within 400 feet of another bed and breakfast home or inn or a boarding/lodging house. The distance will be determined by a straight line from the closest property line of the lot on which the home is located to the closest property line of the lot on which the other home or inn or boarding/lodging house is located.

   (v)   A conditional use permit can only be granted for a maximum period of five years and is not transferable to a subsequent owner or to another property.

   (w)   Violation of this section or any other city ordinance may result in revocation of operator’s license.

(Ord. 13896, passed 10-12-1999; Ord. 23609-03-2019, § 10, passed 3-19-2019)

   Bed and breakfast inns may be permitted in accordance with the use tables in Chapter 4, Articles 6, 8, and 12, subject to the following conditions.

   (a)   A site plan to scale shall be presented to the city council when application is made for a bed and breakfast inn conditional use permit showing required off-street parking spaces, driveways, sidewalks and any other paving, and the floor plan of the residence showing bedrooms to be used for public accommodation. The burden of proof regarding all conditions is on the applicant. Such site plan and floor plan will become part of the approval of the conditional use permit. Applicant shall submit three photographs of the existing residence; a picture of the front of the property showing the property from the street to the front of the residence; and a view from each side property line showing the property from the property line to the residence. The city council will have no authority to waive the site plan.

   (b)   A bed and breakfast inn shall have a manager on-site at all times when occupied by guests.

   (c)   Provisions must be made for adequate off-street parking in accordance with § 6.201. The parking area must be a hard surface and dust free.

   (d)   In residential districts “D,” “D-HR1” and “D-HR2,” no parking shall be permitted in the front yard (from the front of the building to the street) other than on a driveway.

      (1)   Other than driveways and sidewalks, the front yard (meaning the property from the front of the building to the street) may not be paved. The city council shall have no authority to issue variances to this subsection (d)(1).

      (2)   All parking areas (except driveways) on a property adjacent to any a one- or two-family district must be screened from the view of adjacent residences to a height of six feet by a solid screening fence or dense shrubs and vegetation. The city council will have no authority to issue variances to this subsection (d)(2).

      (3)   All overnight parking shall be in designated parking spaces, as provided on the site plan.

   (e)   Stacked parking is permitted in driveways.

   (f)   Off-site parking may be provided within 200 feet of a bed and breakfast inn provided the property is properly zoned or a conditional use permit for auxiliary parking in compliance with § 6.202(f) is granted. In addition, all off-site parking must comply with Chapter 6, Article 3 relative to screening fence and bufferyard requirements if adjacent property is in a one- or two-family district. A fence may not extend into the front or side yard past any building line.

   (g)   A maximum of five guest rooms is allowed with no more than three occupants per guest room up to a maximum of 15 guests per night. The city council will have no authority to issue variances to this subsection (g).

   (h)   The maximum length of stay is limited to 14 consecutive days for each individual guest. No guest shall stay more than 60 days in a 12-month period.

   (i)   In any “D,” “D-HR1” or “D-HR2” district, signage is limited to one square foot, displaying only the name and/or address of the bed and breakfast inn on it. No additional outdoor advertising of any kind is allowed. In all other districts, compliance with Chapter 6, Article 4, Signs, is required.

   (j)   Recreational vehicles, trailer homes, campers and commercial trucks of at least seven-foot height, seven-foot width and 20-foot length may not be parked by the owners or occupants of a bed and breakfast inn on the premises or the street in a residential district.

   (k)   The floor plan of a bed and breakfast inn cannot be altered or changed without approval by the city council.

   (l)   Cooking is not permitted in bedrooms.

   (m)   No vending machines are allowed.

   (n)   Souvenirs, clothing or miscellaneous items can be sold only to registered guests by the owner/operator.

   (o)   Owner must secure an annual operator’s license and obtain a certificate of occupancy before operating a bed and breakfast inn.

   (p)   If a bed and breakfast inn is also in an historic and cultural landmark (“HC”) overlay district, the strictest guidelines will be enforced.

   (q)   Guests must register on arrival. A guest must provide name, permanent home address and telephone number, vehicle license number and date of occupancy. Registration records must be maintained for five years and are subject to review by city officials at any time.

   (r)   Violation of this ordinance or any other city ordinance may result in revocation of operator’s license.

   (s)   A conditional use permit can only be granted for a maximum period of five years and is not transferable to a subsequent owner or to another property.

(Ord. 13896, passed 10-12-1999; Ord. 23609-03-2019, § 10, passed 3-19-2019)

   Lodging houses may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, and 12, subject to the following conditions.

   (a)   No more than one lodging house per individual tract, parcel or platted lot is allowed.

   (b)   Public ingress and egress to the boarding house shall be through one common exterior entrance. Ingress and egress for lodger shall be through common exterior entrance.

   (c)   Entry access to all sleeping rooms shall be through the interior of the building. No exit doors from individual sleeping rooms shall lead directly to the exterior of the building.

   (d)   Residents must have access on-site to shared common areas for cooking and eating. A common kitchen facility equipped for cooking meals located on-site must be available to the residents, or daily meals must be provided on-site for the residents of the lodging house.

   (e)   No cooking is permitted in any sleeping room. No cooking facilities are permitted in any sleeping room.

   (f)   Each floor must contain at least one fully-equipped bathroom for each five residents that is accessible from a common hallway.

   (g)   Each resident must execute a lease before occupancy.

   (h)   Parking spaces shall be provided as follows: one space per leased sleeping room; and one space per four employees.

   (i)   Owner of the lodging house must obtain a certificate of occupancy and register with the multi-family inspection program before operating a lodging house.

(Ord. 15286, § 1, passed 10-8-2002; Ord. 21946-10-2015, § 1, passed 10-13-2015, eff. 10-17-2015; Ord. 26358-08-2023, § 5, passed 8-8-2023)

   Car wash facilities shall be limited to the districts designated "CUP" or "P" in the use tables in Chapter 4, Articles 8 and 12, subject to the following conditions:

   (a)   All washing facilities shall occur under a roofed area with at least two walls.

   (b)   All drying and vacuuming facilities may be outside the building but shall not be in the front yard and shall not be closer than 25 feet from any residential district. No car wash dryer shall face a residential district or use.

   (c)   The building surfaces shall be faced with masonry, porcelainized steel, baked enamel steel or other material equal in durability and appearance.

   (d)   Setback requirements for full-service and automated-service car washes:

      (1)   Full-service car washes are allowed by right in "F" and "G" when the distance from a residential district or use is greater than 200 feet. A conditional use permit is required if the distance from a residential district or use is 200 feet or less.

      (2)   Automated-service car washes in " G" are allowed by right when the distance from a residential district or use is greater than 200 feet. A conditional use permit is required when the distance from a residential district or use is 200 feet or less.

      (3)   The measurement of the distance between the car wash and the residential use shall be along the nearest property line of the residential use to the nearest property line of the car wash, along street lines and a direct line across intersections.

   (e)   The building shall set back not less than 25 feet from the front property line.

   (f)   Off-street parking shall be provided on the property in the ratio of not less than three parking spaces for each washing stall, or five parking spaces for each automobile that may be accommodated on the washing line within a facility.

   (g)   All off-street parking areas shall be hard-surfaced and dust-free.

   (h)   Any lights used to illuminate the area shall be directed downward and away from adjacent residential properties.

   (i)   A permanent screening fence or wall not less than six feet in height shall be constructed along any site property line which abuts a residential district or use.

(Ord. 13896, passed 10-12-1999; Ord. 25514-05-2022, § 1, passed 5-10-2022, eff. 5-18-2022)

   A community home may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, subject to the following conditions.

   (a)   Conditions. A community home must meet all applicable licensing requirements of Tex. Human Resources Code Chapter 123.001.

   (b)   Spacing requirements. A community home may not be established within one-half mile of a previously existing community home.

   (c)   Motor vehicles on premises. Residents of a community home may not keep, on the premises of a home or on the public rights-of-way adjacent to the home, more than one motor vehicle per bedroom for the use of residents of the home.

(Ord. 13896, passed 10-12-1999)

   Day care centers and kindergartens may be permitted as a conditional use permit by the city council in accordance with the use tables in Chapter 4, Articles 6, 8, and 12, provided they meet the following conditions.

   (a)   Permits shall be for a limited period of time to be specified by the city council, but not to exceed five years. Upon application, time may be extended for successive periods of five years or less, provided that there shall be new notice and hearing before each extension.

   (b)   Prior to deciding upon any application, the city council may require a report from the health department, fire department, traffic engineering department and planning and development department, and such other agencies as the city council may specify, and shall verify or require that such day care center or kindergarten shall comply with state statutes and other applicable City of Fort Worth ordinances.

   (c)   Outdoor play area of not less than 100 square feet shall be furnished for each child authorized by state license to be cared for on the premises. Such play area shall be located in the side or rear yards and shall be completely enclosed by a fence or wall that meets the requirements of § 5.305. When the city council finds that additional fencing or screening is necessary or desirable to protect the children cared for and the adjacent properties, it shall require such fencing or screening as a condition of approval.

   (d)   Off-street parking shall be furnished in the minimum amounts required in Chapter 6, Article 2.

   (e)   Hours of operation are limited to 6:00 a.m. to 8:00 p.m.

(Ord. 13896, passed 10-12-1999; Ord. 17025, passed 6-26-2006; Ord. 17522, § 5, passed 4-24-2007; Ord. 23609-03-2019, § 10, passed 3-19-2019)

   (a)   Drive-in businesses may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, provided that no such use shall be permitted to sell alcoholic beverages for consumption on the premises. In the “MU-1” and “MU-2” districts the following requirements shall apply:

      (1)   Drive-through windows and stacking lanes are not located along facades of buildings that face a street, and where possible are located to the rear of buildings;

      (2)   Driveways are not located within the front yard setback between the building front and the street;

      (3)   The design and location of the facility does not impede vehicular traffic flow and does not impede pedestrian movement and safety. To minimize conflicts with vehicular and pedestrian circulation, shared driveways and/or driveways located off of non-arterial streets should be used, where possible;

      (4)   Architectural elements, landscaping and/or other screening elements minimize the visual impacts of the drive-through facility; and

      (5)   The design and location of the facility are consistent with any design standards or guidelines that may be applicable to the pertinent district.

   (b)   A site plan demonstrating compliance with these drive-in restaurant or business development standards shall be submitted to the development services director or designee for review and approval.

(Ord. 13896, passed 10-12-1999; Ord. 17522, § 6, passed 4-24-2007; Ord. 24030-02-2020, § 22, passed 2-4-2020)

   Firewood sales may be permitted in accordance with the use tables of Chapter 4, Articles 6 and 8, when conducted entirely indoors.

(Ord. 13896, passed 10-12-1999)

   A greenhouse or plant nursery may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, provided it meets the following conditions.

   (a)   If located in an “A” through “ER” district, the use is operated for retail purposes and includes the sale of plant material and products intended for use in connection with home gardening activities.

   (b)   If located in the “E” through “H” districts, all incidental equipment and supplies, including fertilizer and empty containers, are kept within a building.

(Ord. 13896, passed 10-12-1999)

   A group home I or II may be permitted in accordance with the use tables of Chapter 4, Articles 6 and 8, provided it shall be located no less than one-half mile from any existing group home or halfway house.

(Ord. 13896, passed 10-12-1999)

      (1)   When the property in the one- or two-family district is used for utilities, waterways, public parks, railroads or other nonresidential public use or separated from the hotel, motel or inn by a public right-of-way of at least 300 feet; or

      (2)   The Central Business Zoning District; or

      (3)   The following mixed-use or form-based zoning districts:

         a.   MU-1;

         b.   MU-2;

         c.   Panther Island;

         d.   Near Southside;

         e.   Camp Bowie;

         f.   Trinity Lakes;

         g.   Berry/University; or

         h.   Stockyards.

      (1)   Ingress/egress should be taken from the major street furthest from the residential district;

      (2)   No screening fence shall be erected along the perimeter of the hotel property adjacent to a street, alley or right-of-way; provided, however that a screening fence shall be permitted around swimming pools, tennis courts and other recreational facilities; and a screening fence shall be permitted along property lines adjacent to other lots;

      (3)   Incidental businesses may be conducted within the hotel, provided that the principal entrance to the business shall be from the inside of the building;

      (4)   A secondary entrance to the hotel may be provided from a court or from the principal frontage but from no other street and shall not face any residential district. Exception: Emergency egress only when required by the building code and only when no other emergency egress can be designed; and

      (5)   Any other conditions required by the city council as a condition of site plan approval.

(Ord. 13896, passed 10-12-1999; Ord. 15622, § 2, passed 7-15-2003; Ord. 20453-10-2012, § 4, passed 10-9-2012; Ord. 27096-08-2024, § 1, passed 8-27-2024, eff. 9-19-2024)

   (a)   Industrialized housing may be permitted in accordance with the use table in Chapter 4, Article 6, subject to the following conditions:

      (1)   All single-family or duplex industrialized housing must have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located;

      (2)   All single-family or duplex industrialized housing must have exterior siding, roofing, roof pitch, foundation fascia and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located;

      (3)   All single-family or duplex industrialized housing must comply with all building setbacks and site requirements of the applicable zoning district;

      (4)   All single-family or duplex industrialized housing must be securely fixed to a permanent foundation; and

      (5)   A minimum horizontal dimension of 15 feet shall be required.

   (b)   For purposes of this section, VALUE shall mean the taxable value of the industrialized housing and the lot after the installation of the housing.

   (c)   For purposes of this section, COMPATIBLE shall mean that the exterior siding, roofing, roof pitch, foundation fascia and fenestration of the proposed industrialized housing must match or be indistinguishable from the majority single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located.

   (d)   Any owner or authorized agent who intends to construct, erect, install or move any industrialized housing into the city shall first make application to the building official and obtain the required permits. In addition to any other information otherwise required for said permits, the application shall:

      (1)   Identify each single-family dwelling located within 500 feet of the lot on which the industrialized housing is to be located by address, lot and block number and show the taxable value for each such dwelling as determined by the most recent certified tax appraisal roll for the county in which the properties are located;

      (2)   Describe and provide front view photographs of the exterior siding, roofing, roof pitch, foundation fascia and fenestration for each single-family dwelling located with 500 feet of the lot on which the industrialized housing is to be located;

      (3)   Describe the permanent foundation and method of attachment proposed for the industrialized housing;

      (4)   State the taxable value of the industrialized housing and the lot after installation of the industrialized housing; and

      (5)   Indicate the deed restrictions otherwise applicable to the real property on which the industrialized housing is to be located.

   (e)   A person is in violation of this section if the person:

      (1)   Fails to make an application for permit as required by this section; or

      (2)   Constructs, erects, installs or moves any industrialized housing into the city which does not comply with this section.

(Ord. 15831, § 1, passed 1-13-2004; Ord. 18823-09-2009, § 1, passed 9-15-2009)

   (a)   Home occupations may be permitted in accordance with the use table in Chapter 4, Article 6, subject to the following conditions:

      (1)   All home occupations must be conducted entirely from within the principal dwelling and attached garage or one accessory building except for home occupations that are outdoor activities as described below.

      (2)   Use as home occupation is limited to the members of the family or other residents residing in the dwelling unit and one additional employee. Employees that do not visit the home as part of their job are excluded from this provision. Provided however, up to five employees may be permitted if approved by the City Council. In reviewing such a request, the City Council may consider the following:

         a.   The reason for request;

         b.   The impact on the character of the neighborhood;

         c.   Availability of on-site parking and number of employee vehicles;

         d.   Hours when employees will be located on site;

         e.   Whether the home occupation is conducted entirely inside the dwelling unit; and

         f.   The consent of the majority of property owners of the one or two-family residential property along both sides of the block face.

         a.   Performance of the activity shall not be visible from the street.

         b.   Performance of outdoor activity shall be solely located and contained in the rear yard.

         c.   Operation of hours for outdoor activities shall be between the hours of 8:00 a.m. and 8:00 p.m.

         d.   For swimming lessons and water safety instruction, provided that such instruction involves no more than four pupils at any one time; and

         e.   Participants must have access to a permanent restroom facility in the principal dwelling unit, attached garage or an accessory building connected to water and sewer.

         b.   All off-site advertising, including signs, displays, billboards, television, radio and/or any other advertising medium uses that refers to the street address is prohibited, other than business stationery, business cards, the home occupation business website, newsletters and applicable trade directories.

   (b)   The operation of detail, auto repair, paint or body shop business, including, but not limited to, a boat, motorcycle, trailer or auto shop business, shall not be permitted as a home occupation.

   (c)   A home school shall not be considered a home occupation and shall not be subject to the regulations of this section.

   (d)   A home occupation is permitted as an incidental use and is secondary to the use of a dwelling. The city council may, at any time, amend this ordinance to terminate any or all home based business uses without creating nonconforming rights to the continuance of a home-based business.

(Ord. 16183, § 1, passed 10-19-2004; Ord. 20900-09-2013, § 1, passed 9-10-2013; eff. 9-25-2013; Ord. 25380-03-2022, § 1, passed 3-8-2022, eff. 3-22-2022)

   Dog kennels are permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, subject to the following conditions.

   (a)   The kennel shall be located not less than 300 feet from a residential structure that is located on any property in separate ownership.

   (b)   For the purpose of this section, measurement of the 300-foot distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of an existing habitation to the nearest portion of the kennel.

(Ord. 13896, passed 10-12-1999)

   The standards in § 5.111, day care center shall apply to any kindergarten approved as a special exception in accordance with the use tables in Chapter 4, Articles 6 and 8.

(Ord. 13896, passed 10-12-1999)

   Manufacturing is permitted in the “I” district in accordance with the use table in Chapter 4, Article 8, provided power not in excess of 50 HP motor is employed in the operation of any one machine. The term “manufacturing” shall not include other uses expressly permitted only in the “J” or “K” districts.

(Ord. 13896, passed 10-12-1999)

   Metal casting is permitted in the “J” district, provided that the capacity of any one melting pot or ladle shall not exceed 300 pounds.

(Ord. 13896, passed 10-12-1999)

   No riveting is permitted within 500 feet of any more restrictive district.

(Ord. 13896, passed 10-12-1999)

   Shops stamping, dyeing, shearing or punching metal not exceeding one-eighth inch in thickness.

(Ord. 13896, passed 10-12-1999)

   Newspaper distribution centers may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, subject to the following conditions:

   (a)   Maximum size of 20,000 square feet; and

   (b)   Must be screened from adjacent residential district or properties with a minimum six-foot high screening fence.

(Ord. 13896, passed 10-12-1999)

   (a)   Distance restrictions. Regardless of the zoning district in which it is located, a pawnshop shall be subject to the following distance restrictions:

      (1)   No pawnshop shall be located within 500 feet of any one- or two-family district; and

      (2)   No pawnshop shall be located within 500 feet of any other pawnshop.

   (b)   Special exception by board of adjustment. The board of adjustment may grant a special exception to the above distance restrictions in accordance with the requirements set forth for special exceptions in Chapter 3, Article 3, provided, however, that in granting any such special exception the board of adjustment shall place such reasonable conditions on the location, use and operation of the pawnshop as are necessary to protect and maintain nearby one- and two-family residential districts.

(Ord. 13896, passed 10-12-1999)

   A commercial print center with off-set printing in any commercial district shall be limited to small jobs, such as business cards, invitations, stationery and similar personal and business needs only.

(Ord. 13896, passed 10-12-1999)

   Probation or parole offices may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, subject to the following.

   (a)   Unless located in a building, other structure or land under the control, administration or jurisdiction of a state or federal agency, parole or probation offices shall be permitted only in the “FR” district and less restrictive zoning districts.

   (b)   Regardless of the zoning, parole or probation offices shall not be located within 500 feet of any one- or two-family residential district.

   (c)   Nonconforming parole or probation offices located in leased facilities shall be permitted to continue in operation only during the term of the existing lease. Upon expiration of the existing lease, the nonconforming use shall no longer be permitted.

(Ord. 13896, passed 10-12-1999)

   Recording studios may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, subject to the following conditions.

   (a)   Internal noise shall not be audible from outside the building.

   (b)   External activity or noise generation shall not be greater than the existing background noise level of the surrounding area.

   (c)   Mass reproduction, duplication or storage of recorded material for distribution, sale or promotion is prohibited.

   (e)   Parking requirements shall be the same as for a commercial building.

(Ord. 13896, passed 10-12-1999; Ord. 14624, § 4, passed 5-15-2001)

   Recreational vehicle parks are permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, provided they are constructed and developed in accordance with the minimum building standards code, other applicable provisions of the city code and the following conditions.

   (a)   Development approval requirements. A recreational vehicle park shall not be constructed, altered or enlarged without an approved development plan issued by the planning and development department in accordance with the provisions of this section.

   (b)   Property development standards.

      (1)   In recreational vehicle parks, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table.

 

      (2)   Entrances and exits may not be through a residentially zoned district nor require traffic movement to or from the recreational vehicle park through a residentially zoned district.

   (c)   Service and auxiliary buildings.

      (1)   This section shall apply to all service buildings, recreation buildings, management offices, repair shops, storage areas, sanitary facilities, laundry facilities, indoor recreation areas, commercial buildings supplying essential goods or services for park tenants and other similar buildings in recreational vehicle parks.

      (2)   All service and auxiliary buildings shall be located to be convenient to the recreational vehicle lots they service and shall be kept clean.

      (3)   Each park shall contain one or more service buildings providing separate sanitary facilities for men and women.

         a.   No lot space shall be located farther than 500 feet from such a service building.

         b.   The entrances to such buildings shall be clearly marked to show which gender the facilities serve.

   (d)   Permanent residential structures.

      (1)   At each recreational vehicle park, no more than one existing residential structure may be retained or one new residential structure constructed for occupancy by the owner or operator of the park.

      (2)   An existing residential structure located on a recreational vehicle park may be converted to a clubhouse, community center or service building for use by the guest of the park. A structure so converted shall meet all applicable codes for public occupancy to the proposed use.

   (e)   Use of recreational vehicle lots.

      (1)   Recreational vehicle parks lots shall be occupied only by recreational vehicles.

      (2)   Lots shall be rented only a daily or weekly basis.

      (3)   The owner or operator of a recreational vehicle park shall not permit a guest or a recreational vehicle to remain in the park longer than 60 consecutive days.

   (f)   Other development standards.

      (1)   Ground surface and drainage.

         a.   Each lot shall provide adequate support and drainage for the placement of the recreational vehicle.

         b.   Exposed ground surfaces in all parts of a recreational vehicle park shall be paved, covered with stone screening or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and elimination of dust.

         c.   The ground surface in all parts of a recreational vehicle park shall be graded and equipped to drain all surface water in a safe and efficient manner.

      (2)   Public telephone. A public telephone shall be installed and maintained in each recreational vehicle park, located in a well-lighted area and accessible to park guests 24 hours a day, seven days a week.

   (g)   Development plan approval requirements and appeal.

      (1)   Development plan and application.

         a.   A 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:

            1.   Name and address of applicant;

            2.   Location and legal description of the recreational vehicle park; and

            3.   Two copies of a development plan in conformance with the requirements of this section, and drawn at a minimum scale of:

               i.   One inch equals 100 feet for sites under 30 acres; or

               ii.   One inch equals 200 feet for sites of 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 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 recreational vehicle park;

            vii.   Existing and proposed topography of the recreational vehicle park;

            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 recreational vehicle spaces in a recreational vehicle park;

            ii.   The minimum square footage of recreational vehicle spaces;

            iii.   The minimum per acre density of recreational vehicle spaces; and

            iv.   The number of permanent residential structures in the recreational vehicle park.

(Ord. 13896, passed 10-12-1999; Ord. 18435-01-2009, § 1, passed 1-6-2009, eff. 1-14-2009)

   Automated collection vending machines and small collection facilities, not to exceed 500 square feet, for recycling aluminum cans, glass, grocery bags, plastic bottles, magazines, newspapers and other comparable materials may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, subject to the following:

   (a)   Required off-street parking is not diminished; and

   (b)   The board of adjustment finds that the size, location and design of the machines or facility are compatible with surrounding uses.

(Ord. 13896, passed 10-12-1999)

   Shops using 16 gauge or thinner sheet metal only.

(Ord. 13896, passed 10-12-1999)

   Stables for the commercial boarding of horses and for the business of selling rides on horses may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, subject to the limitation that such uses be located 500 feet from any residential district.

(Ord. 13896, passed 10-12-1999)

   (a)   Storage of articles, material or merchandise not customarily incidental to the primary or main use or activity of the property may be kept or stored outside the primary building in accordance with use tables in Chapter 4, Article 8 subject to the following.

   (b)   The city council may grant a conditional use permit for no more than five years for non-accessory outside storage in accordance with the requirements set forth for conditional use permits in Chapter 4, Article 4, provided, however, that in granting any such conditional use permit the city council shall require the following.

      (1)   The storage must be secured from vandalism, theft or other mischievous acts.

      (2)   The storage must be surrounded by a screen fence a minimum of six feet in order to screen the storage from public view. No material may be visible above the required screen fence.

      (3)   The storage may not be placed in any area which will interfere with the natural flow of stormwater drainage.

      (4)   No storage of unregistered motor vehicles wrecked or dismantled vehicles or vehicles being retained for the purpose of removing or using parts thereof shall be permitted.

(Ord. 17093, § 2, passed 8-8-2006; Ord. 23609-03-2019, § 10, passed 3-19-2019)

   (a)   Regulations applicable to all large retail stores in “E,” “FR,” “F,” “G” and “H” and to large retail stores in “I,” “J” and “K” that are located within 500 feet of residential property, unless there is an existing commercial use on a lot or tract at least 100 feet wide or an existing industrial use between the large retail store and the residential property.

      (1)   Applicability. The following regulations apply to:

         a.   Large retail stores located in the “E” neighborhood commercial, “FR” restricted commercial, “F” general commercial, “G” heavy commercial and “H” central business districts, subject to a maximum permissible gross floor area of 60,000 square feet in the “E” neighborhood commercial district; and

         b.   Large retail stores in the “I” light industrial, “J” medium industrial and “K” heavy industrial districts located within 500 feet of residential property, provided, however, the regulations do not apply if there is an existing commercial use on a lot or tract at least 100 feet wide or an existing industrial use in the 500-foot area between the large retail store and the residential property. For purposes of this section RESIDENTIAL PROPERTY means a one- or two-family residential district or property used for one- or two-family residential purposes. Measurement shall be from the property line of the large retail store to the boundary line of a one- or two-family residential district or the property line of property used for one- or two-family use.

      (2)   Standards and guidelines. Standards and guidelines set out below require a basic level of architectural variety, compatible scale and mitigation of negative impacts. “Guidelines” are not mandatory, but are provided in order to educate planners, design consultants, developers and city staff about design objectives. “Standards” are mandatory.

      (3)   Landscape and buffering on streets. In addition to the bufferyard and landscape requirements of §§ 6.300 and 6.301, a minimum 20-foot irrigated and landscaped bufferyard shall be provided along all street frontages to screen the view of the property from the public rights-of-way. Such screening shall be provided using hedges, berms or mass plantings to a height of not less than 24 inches with live groundcover. A minimum of one three-inch caliper canopy tree every 50 feet shall be provided with a mature height of 25 feet by industry standards.

      (4)   Landscaping in parking lot. In addition to the bufferyard and landscape requirements of §§ 6.300 and 6.301 and the 20-foot landscaped bufferyard described above, one three-inch caliper tree within an irrigated landscape island of not less than 150 square feet with live groundcover shall be provided for every 100 parking spaces, or fraction thereof. A separate irrigated landscape island is required for every 100 parking spaces; the required 150-square foot landscape areas cannot be combined to create fewer, larger landscape islands. In addition, each end of a parking strip shall have an irrigated landscape island planted with a minimum of one three-inch caliper tree and three shrubs within an area of not less than 300 square feet with live ground cover. Additional landscaping is required if parking exceeds one space per 250 square feet of gross floor area, in accordance with subsection (a)(10) below.

      (5)   Building materials and color.

         a.   Guidelines. Exterior building materials and colors comprise a significant part of the visual impact of a building. Therefore, they should be aesthetically pleasing and compatible with materials and colors used in the surrounding area.

         b.   Standards.

            1.   Materials. All building facades that are visible from adjoining properties and/or public streets (excluding facades facing residential property that are screened by an eight-foot masonry wall) shall be of architectural block, brick, stone or tinted, textured concrete masonry units. Tilt-up concrete construction is permitted, provided the exterior surface is textured or covered with brick, stone or material fabricated to simulate brick or stone. Stucco and EIFS (exterior installation finished system) are permitted, up to a maximum of 30% of a facade area. Smooth concrete block and prefabricated steel panels are prohibited.

            2.   Colors. Except for brick or stone, surfaces shall be painted in subtle, neutral or earth tone colors, specifically including without limitation white, tan, brown and gray. Trim and accent areas may feature brighter colors, including primary colors. Metallic or fluorescent colors are prohibited. Accent colors on each facade shall be limited to a maximum of 25% of the facade area for logo colors and a maximum of 10% of the facade area for other accent colors. A logo color is a color commonly used by a large retail store as an identifying characteristic.

      (6)   Architectural features.

         a.   Guidelines. Facades should be articulated to reduce the massive scale and the uniform, impersonal appearances of large retail buildings and provide visual interest.

         b.   Standards. Architectural features on building facades that are visible from adjoining properties and/or public streets (excluding facades facing residential property that are screened by an eight-foot masonry wall and facades facing the side or rear of property zoned and used for commercial purposes or industrial purposes) shall address the visual impact of long uninterrupted walls by providing a minimum of three of the following elements. No uninterrupted length of any facade shall exceed 100 feet. See illustrations of architectural features attached as Exhibit “A-1.”

            1.   Variation in color and materials;

            2.   Wall plane projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade, not to exceed 100 feet;

            3.   Variation of a minimum of two feet in the height of parapets. Variation to parapet height may include pilasters and projecting raised entrance features;

            4.   Pilasters projecting from the plane of the wall by a minimum of 16 inches. The use of pilasters to interrupt horizontal patterns such as accent banding is encouraged;

            5.   Canopies projecting a minimum of ten feet from the plane of the primary facade walls; and

            6.   Repetitive ornamentation including decorative applied features such as wall-mounted light fixtures or applied materials. Repetitive ornamentation shall be located with a maximum spacing of 50 feet.

      (7)   Attached signs. Attached on-premises signs shall be limited to 10% of each wall face. No wall signage shall be back-lighted or illuminated to such an intensity or brilliance as to cause glare or impair vision.

      (8)   Detached signs. Detached on-premises signage shall be limited to one sign per large retail store; provided, however, two signs shall be permitted when the large retail store is located on a corner lot or through lot. A sign shall be located at the main entrance to the property. The sign(s) shall be of monument type no larger than 128 square feet in area and eight feet high. In the alternative, a unified sign agreement may be approved in accordance with § 6.410(f). Such uniform sign agreement shall not be restricted by the 128-square foot area and eight-foot height limitations. Signs shall not be illuminated to such intensity or brilliance as to cause glare or impair vision. Lighting shall be shielded upward to prevent beams or rays from being directed at any portion of a traveled roadway or residential property.

      (9)   Outdoor display, sales and storage.

         a.   Applicability. The outdoor display, sales and storage regulations in this section apply to the following retail establishments:

            1.   General merchandise stores and home improvement stores in the “E” neighborhood commercial, “FR” restricted commercial, “F” general commercial, “G” intensive commercial and “H” central business districts, subject to a maximum permissible gross floor area of 60,000 square feet in the “E” neighborhood commercial district. All large retail stores in the “E,” “FR,” “F,” “G” and “H” districts, other than general merchandise stores and home improvement stores, shall comply with the outdoor storage and display requirements in § 5.306; and

            2.   Large retail stores, including without limitation general merchandise stores and home improvement stores, in the “I” light industrial, “J” medium industrial and “K” heavy industrial districts located within 500 feet of residential property, unless there is an existing commercial use on a lot or tract at least 100 feet wide or an existing industrial use in the 500-foot area between the large retail store and the residential property. Outdoor display, sales and storage are permitted for all large retail stores in the “I,” “J” and “K” industrial districts that are not within 500 feet of residential property or where there is an existing commercial use on a lot or tract at least 100 feet wide or an existing industrial use between the large retail store and the residential property, subject only to compliance with height, setback and other development regulations for the applicable district.

         b.   Sidewalk display and cart storage. “Sidewalk” display is a term commonly used in the retail industry to describe display areas along the front of a building. Nothing herein permits storage, display or sale of any item on property that has been dedicated for public use. Sidewalk display and cart storage in the sidewalk display area are subject to the following restrictions.

            1.   Merchandise may be displayed and carts may be stored within 20 feet of the front of the building.

            2.   No single item may exceed 12 feet in height.

            3.   Items may not be stacked to exceed six feet in height.

            4.   A clearly delineated pedestrian walkway at least four feet in width shall be provided contiguous to the 20-foot display and cart storage area to provide unimpeded pedestrian access to the building.

            5.   An area the width of the customer entrance and exit door(s) plus 15 feet on either side of the door(s) shall be maintained clear of merchandise and carts to allow unimpeded pedestrian access to the building.

            6.   Areas for customer loading of merchandise shall be clearly delineated and shall not be located in front of any customer entrance or exit door(s) or within 15 feet on either side of the door(s).

            7.   This section does not prohibit storage of carts in the parking lot, but merely regulates storage of carts in the sidewalk display area.

            8.   Outdoor storage, display and sales of plumbing fixtures and large household appliances, including without limitation hot tubs, washers, dryers, refrigerators, dishwashers and trash compactors, is prohibited.

         c.   Permanent outdoor display, sales and storage. Merchandise may be stored or displayed for sale to customers on the front or side of the building in accordance with this subsection (a)(9)c. The total square footage of all permanent outdoor storage, display and sales areas permitted by subsections (a)(9)c.1., (a)(9)c.2. and (a)(9)c.3. below shall be limited to 10% of the footprint of the building, but in no event shall exceed 15,000 square feet. Permanent outdoor storage, display and sales shall be contiguous to the building and shall not be permitted within 100 feet of residential property. Outdoor storage, display and sales of plumbing fixtures and large household appliances, including without limitation hot tubs, washers, dryers, refrigerators, dishwashers and trash compactors, is prohibited.

            1.   Permanent outdoor display, storage and sales: general merchandise stores. The permanent storage, display and sales area shall be enclosed by a minimum eight-foot wall of like appearance to the building or a base of like appearance to the building topped by wrought iron or tubular steel fencing, with a minimum total height of eight feet. No merchandise other than trees shall be visible above the wall or fence.

            2.   Permanent outdoor display, storage and sales: home improvement stores. The permanent storage, display and sales area shall be enclosed by a chain link fence covered with windscreen or wall of like material to the building with a minimum height of eight feet. Windscreen shall be maintained in good repair and free of tears. Merchandise may be stacked up to 25-feet high or level with the top of the adjacent side wall, whichever is lower, but may not be stacked above the height of the wall or fence. The roofline on the front facade shall have architectural features, such as gables or parapets, to obscure merchandise stored in the area.

            3.   Large retail stores in “I,” “J” and “K” industrial districts within 500 feet of residential property (other than home improvement stores, which are subject to subsection (c)(2) above), unless there is an existing commercial use on a lot or tract at least 100 feet wide or an existing industrial use between the large retail store and the residential property. The permanent storage, display and sales area shall be enclosed by a minimum eight-foot wall of like appearance to the building or a base of like appearance to the building topped by wrought iron or tubular steel fencing, with a minimum total height of eight feet. No merchandise other than trees may be visible above the top of the wall or fence.

         d.   Seasonal outdoor display and sales: Christmas trees may be displayed for sale. In addition, bedding plants, trees, shrubs, potting soil and bagged yard products including without limitation fertilizer, bark, mulch, peat moss and play sand may be displayed from March 15 to June 15. The seasonal outdoor sales area shall be limited to 10% of the footprint of the building but in no event shall exceed 12,000 square feet. No merchandise may exceed five feet in height, except Christmas trees.

         e.   Rear storage: bulk merchandise may be stored behind the building. The sides and back of the storage area shall be screened with a chain link fence covered with windscreen, except for any side or back that is separated from any residential property by an eight-foot masonry wall and landscaped bufferyard pursuant to subsection (b)(2) below. Windscreen shall be maintained in good repair and free of tears. The rear storage area shall not be accessible to customers. Merchandise shall be stacked no higher than 25 feet or level with the top of the adjacent side wall of the building, whichever is lower, and may not be stacked above the height of the chain link fence.

      (10)   Parking. A minimum of one parking space per 250 square feet of gross floor area, or fraction thereof, shall be provided. Additional parking may be provided, with a maximum of one space per 200 square feet of gross floor area, or fraction thereof. An irrigated landscape island of at least 150 square feet with one three-inch caliper tree and live groundcover, in conformance with subsection (a)(4) above, shall be provided for each 50 parking spaces, or fraction thereof, exceeding one space per 250 square feet of gross floor area. These requirements supersede the parking requirements of § 6.201(b). All other requirements of Chapter 6, Article 2, “Off-Street Parking and Loading” requirements apply. In the event of any inconsistency, the stricter requirements shall apply.

      (11)   Parking lot lighting. Light poles shall be no more than 35 feet in height and painted black, dark gray or dark green or have bronze oxidant protective coating. The main entrance shall be lit to be distinguishable from surrounding ambient lighting. See subsection (b)(8) below for additional lighting requirements within 140 feet of residential property.

      (12)   Vehicular access. No large retail store shall be located on a public right-of-way or private street less than four lanes (two in each direction) on at least one side of the property.

      (13)   Traffic impact study. Where traffic generated by the project is anticipated to exceed 4,000 trips per day, as determined by the director of the department of transportation and public works or his or her designee, a traffic assessment shall be required defining on-site and off-site improvements necessary to accommodate the impacts of the project.

   (b)   Regulations applicable to all large retail stores in “E,” “FR,” “F,” “G,” “H,” “I,” “J” and “K” in proximity to residential property.

      (1)   Applicability. The following regulations apply to large retail stores located in the “E” neighborhood commercial, “FR” restricted commercial, “F” general commercial, “G” heavy commercial, “H” central business, “I” light industrial, “J” medium industrial and “K” heavy industrial districts, subject to a maximum permissible gross floor area of 60,000 square feet in the “E” neighborhood commercial district. The wall and buffering requirements of subsection (b)(2) below apply only to large retail stores that share a common boundary with residential property or whose property line is less than 20 feet from residential property. Subsection (b)(3) below establishes setback requirements from residential property. Subsections (b)(4) through (b)(7) below establish restrictions on certain activities within 100 feet of residential property. Subsection (b)(8) below establishes lighting requirements within 140 feet of residential property. RESIDENTIAL PROPERTY means a one-or two-family residential district or property used for one- or two-family residential purposes. See illustration of regulations applicable within 100 feet of residential property attached as Exhibit “A-2.”

      (2)   Wall and landscaped bufferyard. An eight-foot masonry wall of brick, stone, split block or concrete cast to simulate such materials shall be constructed along the common boundary line of the adjacent residential property, or as close as practicable in the event of intervening alleys, easements and drainage channels. If the large retail store property and residential property are separated by intervening property under separate ownership that is less than 20 feet wide, a wall shall be constructed along the property line of the large retail store facing the residential property. In addition to the landscape requirements of § 6.301, a 20-foot wide irrigated and landscaped bufferyard shall be provided with three-inch caliper canopy trees with a mature height of 25 feet by industry standards planted every 20 feet in an overlapping pattern such that the canopy creates a solid visual screening at maturity and live groundcover.

      (3)   Setback. All structures shall be set back three feet from all one- or two-family residential districts or the property line of all property used for one- or two-family residential purposes for each one foot in overall vertical building height. For the purpose of determining such setback, building height shall be measured from the lowest finished grade along the building face to the peak of the roof on the building facade facing residential property.

      (4)   Activities and equipment permitted within 100 feet of residential property. The area within 100 feet of residential property may be used only for driveways, emergency access easements, employee parking, paving, landscaping and maneuvering space.

      (5)   Pickup and delivery.

         a.   Distance requirements from residential. Outdoor storage, pickup, delivery, loading and unloading of merchandise, equipment or other items may not occur within 100 feet of residential property. Loading docks shall be located more than 100 feet from residential property.

         b.   Additional night-time restrictions. No delivery vehicle may be driven within 100 feet of residential property between the hours of 10:00 p.m. and 7:00 a.m. No delivery vehicle within 100 feet of residential property shall have its engine, refrigeration unit or generator running between the hours of 10:00 p.m. and 7:00 a.m. Trucks or trailers parked at a loading dock may be unloaded onto the loading dock between the hours of 10:00 p.m. and 7:00 a.m. provided that all activity occurs inside the truck or trailer or within the building.

      (6)   Trash collection and compaction. Trash collection and compaction may not occur within 100 feet of residential property.

      (7)   Mechanical equipment. No mechanical equipment may be located within 100 feet of residential property. Mechanical equipment shall be screened in accordance with § 6.301(d).

      (8)   Lighting. Lighting within the 20-foot bufferyard adjacent to residential property shall not exceed one foot candle at ground level. Light poles within 140 feet of residential property shall not exceed 20 feet in height and shall be shielded away from residential property. All other light poles shall not exceed 35 feet in height. All light poles shall be painted black, dark gray or dark green or have bronze oxidant protective coating.

      (9)   Pedestrian walkway. A pedestrian walkway shall be provided between any public transportation stop adjacent to the large retail property and the main entrance. The pedestrian walkway shall be clearly delineated with pavement striping and shall be a minimum of six feet wide.

   (c)   Variances by board of adjustment. As provided by state law, the board of adjustment may grant variances to the provisions of this section only if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the section would result in unnecessary hardship, and so that the spirit of the section is observed and substantial justice is done. As provided by state law, a “hardship” does not include financial hardship resulting from compliance with this section. The city manager or a designee shall report monthly to the city council any variances granted to this section.

   (d)   Expansion. Any building expanded to a footprint exceeding 50,000 square feet to be used as a large retail store shall comply with the provisions of subsection (a) above or shall be located in a planned development district.

(Ord. 14331, § 5, passed 9-5-2000; Ord. 14624, § 12, passed 5-15-2001; Ord. 17093, passed 8-8-2006)

   Commercial swimming pools may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, subject to the following conditions.

   (a)   The swimming pool shall not exceed 5,000 square feet in area measured at the scum gutter.

   (b)   No pool shall be closer than 100 feet from any residential district.

   (c)   The area of all accessory buildings shall not exceed 50% of the pool area, with a minimum of 600 square feet allowable.

   (d)   Off-street parking spaces shall be provided in the minimum ratio of one off-street parking space to each 200 square feet of pool area or fraction thereof, and the parking arrangements shall have the approval of the city traffic engineer.

(Ord. 13896, passed 10-12-1999; Ord. 17093, § 3, passed 8-8-2006)

   Telecommunications antennas shall be permitted in any zoning district after an administrative review and administrative approval in accordance with the standards set forth below.

   (a)   Antennas are permitted in all districts on existing commercial, institutional or industrial structures, including, but not limited to, buildings, existing towers, signs, light poles, flag poles, water towers and/or utility structures, provided, however, that antennas may not extend more than 12 feet above the structure.

   (b)   If placed on the facade of a structure, the antenna shall be of panel construction, and of a color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

   (c)   Existing antennas on stealth and telecommunication towers may be upgraded as required by changes in technology. Variances to height allowances must be approved by the board of adjustment.

(Ord. 13896, passed 10-12-1999; Ord. 15283, § 11, passed 10-8-2002; Ord. 17093, § 3, passed 8-8-2006; Ord. 20158-04-2012, § 1, passed 4-3-2012)

   (a)   Telecommunication towers.

      (1)   Where allowed.

         a.   Allowed by right in “G,” “I,” “J,” “K;”

         b.   Allowed by special exception in “ER,” “E,” “MU-1,”“FR,” “F,” “MU-2,”“AG,” “CF,” “NS-T4,” “NS-T5,” “TU;” and

         c.   Not allowed in residential zoning districts, historic overlay districts or conservation overlay districts, “H,” “PD” or in scenic areas or corridors as designated in § 6.402.

      (2)   Setback requirements.

         a.   Five hundred feet from historic district (“HC,” “HSE”) conservation district (“CD”) or scenic area or corridor as designated in § 6.402;

         b.   Five hundred feet from any one-family district or two-family district or 250 feet if the one-family or two-family use is located in any other zoning district;

         c.   Two hundred and fifty feet from any multifamily district or use;

         d.   Two hundred feet from the shoreline of the Trinity River or the West Fork, Clear Fork, Marine Creek, Mary’s Creek or Sycamore Creek per the map established by the “Trinity River Corridor Mapping Data” prepared by the North Central Texas Council of Governments; and

         e.   No telecommunication tower or stealth telecommunication tower shall be located within 200 feet from the shoreline of Lake Arlington, Lake Benbrook, Lake Worth, Eagle Mountain Lake or Marine Creek Lake.

      (3)   Letter of authorization. A letter of authorization signed by the property owner granting the agent/applicant the authority to represent the property owner if the applicant is required to seek a grant of approval from the board of adjustment or any other board or commission.

      (4)   Construction requirements.

         a.   All telecommunication towers shall be of monopole construction.

         b.   Telecommunication towers shall not be illuminated by artificial means or shall display strobe lights or other warning lighting unless required by the Federal Aviation Administration or any other federal, state or city law, rule or regulation. Any lighting shall be shielded or directed so as not to project directly onto property zoned residential or any residential use. When incorporated into the approved design, light fixtures used to illuminate ball fields, parking lots or other similar areas may be attached to a telecommunication tower.

         c.   All new telecommunication towers must be constructed to support at least two separate antenna arrays. In addition, any new telecommunication tower must be able to support at least one additional antenna for every 15 feet (or fraction thereof) above 60 feet in height and provide the ground space for any equipment necessary for the operation of additional antenna.

      (5)   Screening, fencing and landscaping requirements. All telecommunications towers and support facilities shall have the following:

         a.   A six-foot solid screening fence constructed of wood, brick, stone or reinforced concrete products per the specifications of § 5.305, Fences of the zoning ordinance; or

         b.   Screening shrubs shall be installed around a fence and screen from view the associated structures. All screening shrubs shall be a minimum of three feet in height at planting, have the potential to grow to a mature height of a minimum of six feet in three years and must have a permanently installed irrigation system that provides total water coverage to all plant materials. The vegetation shall be kept in an attractive state and in good condition at all times.

      (6)   Outdoor storage. No outdoor storage of vehicles, materials or equipment is permitted. Equipment not used in direct support of the facility shall not be stored or parked on the premises unless a technician is present.

      (7)   Commercial message prohibited. No signs, including commercial advertising, logos, political signs, flyers, flags or banners, graphics or other attention devices shall be allowed on any part of the telecommunication tower or ancillary support facilities except for warning and safety signage.

      (8)   Removal.

         a.   Upon cessation for more than 180 days of the use of a telecommunication tower structure for the support of active communications antennas, the owner of record must notify the planning and development department. Disconnection of electric service for more than 180 days at the telecommunications tower site shall be considered cessation of use.

         b.   All transmission telecommunications towers or antennas shall be removed by the person who constructed the facility, by the person who operates the facility or by the property owner within one year from the time the facilities have ceased being used to transmit, receive or relay voice and data signals to or from wireless communications devices.

         c.   The person who constructed the facility, the person who operates the facility or owner of record must notify the planning and development department of any change in the status of the telecommunication tower. If the use of the antennas on the telecommunication tower has not been restored within the one year period from the time the facilities have ceased being used to transmit, receive or relay voice and data signals to or from wireless communication devices, the telecommunication tower must be removed and the telecommunication tower site restored to its original condition to a depth of two feet, at the owner’s expense.

      (9)   Fees. Notwithstanding any other provision of this ordinance, the city may require, as part of any application fees for a telecommunication facility, an amount sufficient to recover all of the city’s costs in retaining consultants to verify statements made in conjunction with the permit application, to the extent that verification requires telecommunication expertise.

   (b)   Stealth telecommunication towers.

      (1)   Where allowed.

         a.   Allowed by right in “E,” “MU-1,”“FR,” “F,” “MU-2,”“NS-T4,” “NS-T5,” “TU,” “CB,” “TUP,” “G,” “H,” “I,” “J,” “K;” and

         b.   Allowed by special exception in residential districts “ER,” “AG,” “CF,” in scenic corridors or areas as designated in § 6.402, historic overlay districts (“HC,” “HSE”) and conservation overlay districts (“CD”).

      (2)   Setback requirements.

         a.   Stealth telecommunication towers shall be setback two feet for each foot in height from a one-family, two-family or multifamily district or use unless located in such a district and permitted by special exception;

         b.   In all other zoning districts, the standard setback shall apply; however, additional setbacks may be required as described in this section;

         c.   Two hundred feet from the shoreline of the Trinity River or the West Fork, Clear Fork, Marine Creek, Mary’s Creek or Sycamore Creek per the map established by the “Trinity River Corridor Mapping Data” prepared by the North Central Texas Council of Governments; and

         d.   Two hundred feet from the shoreline of Lake Arlington, Lake Benbrook, Lake Worth, Eagle Mountain Lake or Marine Creek Lake.

      (3)   Administrative approval of stealth telecommunication towers. A monopole flag, athletic light pole, parking or street light pole or other monopole design with internal antenna for a stealth telecommunication tower design may be approved administratively by the development services director, or his or her designee, subject to the following:

         a.   Conforms to the definition of a stealth tower;

         b.   Has a monotone color of light gray or off-white;

         c.   Displays a light fixture of 175 watts or less, if applicable;

         d.   Displays an American, state or corporate logo flag without copy (must meet proper flag etiquette), if applicable;

         e.   Being appropriately located to functionally serve the use(s) of the site;

         f.   Screening the support equipment with a six-foot masonry wall consistent with the site design materials or architecture, or screening with a black or green rubberized chain-link fence surrounded with three-foot high hedge on all sides exclusive of entry gate; and

         g.   Being no more than 60 feet in height unless the tower is providing space for an additional antenna, allowing up to an additional 15 feet of height, with a maximum of 75 feet.

      (4)   Design and appearance requirements.

         a.   Any design plan not eligible for administrative approval in accordance with subsection (b)(3) above may apply to the board of adjustment for a special exception. In granting the special exception, the board shall consider the overall design of the stealth telecommunication tower, including the scale, placement on the site, materials, form and color.

         b.   A design plan must be submitted by the applicant at the time of application.

         c.   The design plan must include:

            1.   Visual study, visualization or simulation showing the appearance of the proposed stealth telecommunication tower and ancillary facilities, to scale and in the existing natural or built environment from at least two points of public view;

            2.   General capacity of the proposed tower, in terms of the number and types of antennas it is designed to accommodate;

            3.   Current overall system plan for the city, documenting telecommunication facilities presently constructed or approved, including a map indicating the proposed provider’s current coverage for the city and the area the requested site would cover;

            4.   Statement outlining the rationales for the particular location, design and height of the stealth telecommunication tower;

            5.   Landscape plan drawn to scale showing the proposed and existing fencing and landscaping, including type, spacing, size and irrigation methods;

            6.   Visual depiction or architect’s rendering (drawn to scale) of the stealth telecommunications tower; and

            7.   Site plan (drawn to scale)indicating the location and height of the stealth telecommunication tower, with ancillary facilities, as well as their proximity to buildings and to other structures on adjacent properties to include a radius of 200 feet.

      (5)   Construction requirements.

         a.   Stealth telecommunication towers shall not be illuminated by artificial means or shall display strobe lights or other warning lighting unless required by the Federal Aviation Administration or any other federal, state or city law, rule or regulation. Any lighting shall be shielded or directed so as not to project directly onto property zoned residential or any residential use. When incorporated into the approved design, light fixtures used to illuminate ball fields, parking lots or other similar areas may be attached to a telecommunication tower.

         b.   Any new stealth telecommunication tower must be able to support at least one additional antenna for every 15 feet (or fraction thereof) above 60 feet in height and provide the ground space for any equipment necessary for the operation of additional antenna.

      (6)   Screening, fencing and landscaping requirements. All stealth telecommunication towers and all support facilities shall have the following:

         a.   A six-foot solid screening fence constructed of wood, brick, stone or reinforced concrete products per the specifications of § 5.305 Fences of the zoning ordinance; or

         b.   Screening shrubs shall be installed around a fence and screen from view the associated structures. All screening shrubs shall be a minimum of three feet in height at planting, have the potential to grow to a mature height of a minimum of six feet in three years and must have a permanently installed irrigation system that provides total water coverage to all plant materials. The vegetation shall be kept in an attractive state and in good condition at all times.

      (7)   Outdoor storage. No outdoor storage of vehicles, materials or equipment is permitted. Equipment not used in direct support of the facility shall not be stored or parked on the premises unless a technician is present.

      (8)   Commercial message prohibited. No signs, including commercial advertising, logos, political signs, flyers, flags or banners, graphics or other attention devices shall be allowed on any part of the telecommunication tower or ancillary support facilities except for warning and safety signage.

      (9)   Removal.

         a.   Upon cessation for more than 180 days of the use of a stealth telecommunication tower structure for the support of active communications antennas, the owner of record must notify the planning and development department. Disconnection of electric service for more than 180 days at the stealth telecommunications tower site shall be considered cessation of use.

         b.   All transmission stealth telecommunications towers or antennas shall be removed by the person who constructed the facility, by the person who operates the facility or by the property owner within one year from the time the facilities have ceased being used to transmit, receive or relay voice and data signals to or from wireless communications devices.

         c.   The person who constructed the facility, the person who operates the facility or owner of record must notify the planning and development department of any change in the status of the stealth telecommunication tower. If the use of the antennas on the stealth telecommunication tower has not been restored within the one year period from the time the facilities have ceased being used to transmit, receive or relay voice and data signals to or from wireless communication devices, the stealth telecommunication tower must be removed and the stealth telecommunication tower site restored to its original condition to a depth of two feet, at the owners expense.

      (10)   Fees. Notwithstanding any other provision of this ordinance, the city may require, as part of any application fees for a telecommunication facility, an amount sufficient to recover all of the city’s costs in retaining consultants to verify statements made in conjunction with the permit application, to the extent that verification requires telecommunication expertise.

      (11)   Board of adjustment. Except for stealth communication towers built under subsection (b)(3) above, the board of adjustment shall review proposed designs considering the materials, colors, textures, screening and landscaping designs of the equipment of the structure and any other permitted structures to determine the visibility, aesthetic impact and compatibility to the surrounding natural or built environments.

(Ord. 13896, passed 10-12-1999; Ord. 15283, § 14, passed 10-8-2002; Ord. 17093, § 3, passed 8-8-2006; Ord. 17522, § 5, passed 4-24-2007; Ord. 17844, passed 11-1-2007; Ord. 20158-04-2012, § 1, passed 4-3-2012; Ord. 21272-06-2014, § 4, passed 6-3-2014; Ord. 24030-02-2020, § 22, passed 2-4-2020)

   Theaters (including movie theaters) and auditoriums and theaters may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, provided the use has a seating capacity no greater than 1,500 people.

(Ord. 13896, passed 10-12-1999; Ord. 17093, § 3, passed 8-8-2006)

   Terminals may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, subject to the following conditions.

   (a)   A traffic flow plan shall be approved by the city traffic engineer, based on an accurate plot plan drawn to scale. The applicant shall prepare and submit the plot plan to the city traffic engineer.

   (b)   Loading, parking and maneuvering space shall be entirely on private property.

   (c)   The operation of any such terminal shall be not less than 200 feet from any residential district.

(Ord. 13896, passed 10-12-1999; Ord. 17093, § 3, passed 8-8-2006)

   (a)   Utility transmission tower or distribution line.

      (1)   Location. Utility transmission towers and distribution lines and supporting structures owned and/or operated by the city, county or public utility companies, which are necessary for the furnishing of utility services, are permitted in all districts.

      (2)   Accessory uses. The following are permitted as accessory uses in all districts:

         a.   Communication antennas that are mounted on and supported by utility transmission towers, provided that no communication antenna shall extend more than 12 feet above the highest point of the tower; and

         b.   Auxiliary structures housing electronic communications equipment which is necessary for the operation of communication antennas established pursuant to subsection (a)(2)a. above.

      (3)   Exemption from height requirements. District height requirements shall not apply to:

         a.   Utility transmission towers and distribution lines and supporting structures; and

         b.   Communication antennas established in compliance with subsection (a)(2)a. above.

   (b)   Natural gas compressor stations.

      (1)   Unless otherwise specifically stated, variances to the compressor regulations may not be granted by the board of adjustment.

      (2)   Lift compressors.

         a.   Lift compressors shall be allowed in all zoning districts, but shall be restricted to the gas drilling pad site.

         b.   One three-inch caliper tree shall be planted every 40 linear feet along the property line abutting a public right-of-way. No heavy equipment, including, but not limited to, trucks, tractors, trailers, bulldozers, bobcat tractors, trenchers, compressors and hoists shall be allowed inside the critical root zone of any protected tree on any compressor site without the specific approval of the city forester. This requirement shall supersede other landscaping requirements.

         c.   All equipment or buildings associated with the operation of the compressor located in or within 600 feet of residentially used property or from the public right-of-way shall be screened from public view by landscaping, berming, structure or wall constructed of metal, masonry or other structurally sound material as approved by the director of planning and development or his or her designee that significantly screens the equipment and is painted in a non-contrasting soft earth tone color to match the nearby surroundings as nearly as possible. This requirement shall supersede other landscaping requirements.

(Ord. 16995, § 1, passed 6-13-2006; Ord. 17093, § 3, passed 8-8-2006; Ord. 18504-03-2009, § 1, passed 3-3-2009, eff. 3-11-2009; Ord. 20999, § 2, passed 10-15-2013)

   The city council shall receive a report from appropriate city departments when considering a conditional use permit.

      (1)   First approval. A period not to exceed five years;

      (2)   First extension. A period not to exceed three years; and

      (3)   Each subsequent extension. A period not to exceed two years.

      (1)   The junkyard or area shall not adjoin any residential district.

      (2)   The junkyard or area must be completely enclosed by a six-foot screening fence.

      (3)   Conditional use permit approvals shall be limited to the following period of time. Extensions of time shall each be subject to the same application, report and hearing procedures as the original approval.

         a.   First approval. A period not to exceed five years;

         b.   First extension. A period not to exceed three years; and

         c.   Each subsequent extension. A period not to exceed two years.

      (1)   The junkyard or area shall not adjoin any residential district.

      (2)   The junkyard or area must be completely enclosed by a six-foot screening fence.

      (3)   Conditional use permit approvals shall be limited to the following period of time. Extensions of time shall each be subject to the same application, report and hearing procedures as the original approval.

(Ord. 13896, passed 10-12-1999; Ord. 17093, § 3, passed 8-8-2006; Ord. 23609-03-2019, § 10, passed 3-19-2019)

   (a)   Commercial districts (indoor). Veterinary clinics, including dog and cat hospitals and associated indoor kennels, may be permitted in commercial districts, subject to the following conditions.

      (1)   The entire business must be conducted wholly within a completely enclosed sound-proofed and air-conditioned building.

      (2)   Noise and odors created by activities within the building shall not be perceptible beyond the property line.

      (3)   No animals shall be kept outside the building at any time.

   (b)   Industrial districts (outdoor). Veterinary clinics, including dog and cat hospitals and associated outdoor kennels, may be permitted in industrial districts, subject to the following conditions.

      (1)   No animal hospital or kennel shall be permitted within 100 feet of any residential use.

      (2)   For the purpose of this section, measurement of the 100-foot distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line of a residentially-zoned property or premises used for residential purposes, to the nearest portion of the kennel or hospital.

(Ord. 13896, passed 10-12-1999; Ord. 17093, § 3, passed 8-8-2006)

   Storage in bulk of, or warehouse for, commodities and materials associated with uses allowed in the “ER” through “I” districts is permitted in the “I” district provided the storage complies with the City of Fort Worth fire code.

(Ord. 13896, passed 10-12-1999; Ord. 17093, § 3, passed 8-8-2006)

   (a)   Fresh water fracture ponds located on a tract of land not adjacent to a gas drilling pad site shall be permitted by right in “AG” agricultural district, “I” light industrial, “J” medium industrial and “K” heavy industrial zoning districts.

   (b)   All fresh water fracture ponds must meet the permitting requirements and regulations as outlined in Article II of Chapter 15, Gas entitled Gas Drilling and Production.

(Ord. 18504-03-2009, § 2, passed 3-3-2009, eff. 3-11-2009)

   Farmers’ markets in the “E” neighborhood commercial district and the “MU-1” low intensity mixed use district shall have no more than ten vendors or a sales area of no greater than 2,000 square feet.

(Ord. 20666-03-2013, § 3, passed 3-19-2013, eff. 4-9-2013)

      (1)   A single responsible party shall be identified for any urban farm. The party may be a private resident, nonprofit or for profit entity.

      (2)   A land use certificate of occupancy (CO) shall be required for any area that is used solely for food crop production. Contiguous property within a production unit may be included within one CO. Noncontiguous property will require separate COs.

      (3)   Building permits and COs shall be required for any habitable structure. Building permits shall be required for non-habitable structures greater than 400 square feet.

      (4)   A maximum 12 square foot sign may be provided displaying the operator and description of the operation.

      (6)   Fowl are allowed in accordance with Appendix B, "Code Compliance" Section 11A-22, "Keeping of Pigeons and Certain Fowl" of the city code.

      (7)   Parking may be provided off-site if employees are parking personal vehicles and traveling to the worksite in a single or minimal number of vehicles. If personal vehicles are parked on the street at a site in a residential area, the vehicles shall not remain parked longer than four hours in a workday.

      (8)   Urban forestry requirements shall not apply for any production area. Trees shall be required as part of a required landscape buffer when structures requiring a building permit are on the site, including nonproduction areas such as retail and warehouse. Fruiting trees may be provided as credit toward the buffer and planting requirements. An urban forestry plan showing the existing conditions and any trees to be removed shall be provided. If trees are removed for agricultural purposes and the agricultural use ceases within five years, replacement trees shall be installed from the protected tree list.

      (9)   Odor shall be controlled on all urban gardens and farms so as to not be a nuisance to surrounding properties. Any sources of odor shall be controlled and mitigated in accordance with the city code and all applicable laws.

      (10)   Beekeeping/apiary is allowed with the below regulations:

         a.   The responsible parties, who are beekeepers, must adhere to all applicable state laws concerning the care and handling of bees.

         b.   Honeybee colonies are kept in hives with removable frames or top bars with dividers, which shall be maintained in sound working condition.

         c.   The numbers of hives is tailored to the size of the lot as follows: a maximum of two hives on lots ¼ acre or smaller, four hives on lots larger than ¼ but less than ½ acre, six hives on lots larger than ½ acre but smaller than one acre. There shall be no limit on the number of hives on lots larger than one acre. The number of hives may increase by up to 50% over the designated limits for a period not greater than 60 days. The Development Services Director or designee shall have the authority to require a person to reduce the number of hives or require other reasonable safety precautions in an apiary in order to abate any nuisance.

         d.   If a hive's orientation has the hive entrances located perpendicular to and within 25 feet or less of an adjacent property line, a solid wall, fence, hedge or combination thereof at least six feet high shall be placed between hives and adjacent property lines of developed properties, and extends at least four feet beyond the hive in each direction along the property line in order to minimize interactions between bees and the adjacent property.

         e.   A convenient source of water is provided to the bees on the property at all times during the year to discourage bees from congregating at swimming pools, hose bibs, or other water sources where contact with humans or pets may occur.

         f.   No wax comb or other material that encourage robbing by other bees is left upon the grounds of the lot; instead this material should be stored in sealed, insect-proof containers or closed buildings. For a period not greater than 24 hours frames and hone harvesting equipment may be left in the bee yard to allow bees to clean excess honey from the equipment.

         g.   If a colony exhibits aggressive behavior without provocation, the beekeeper will ensure that the colony is re-queened or otherwise managed using customary beekeeping practices.

      (11)   Watering equipment shall comply with the water regulations of the City of Fort Worth. Irrigation shall utilize water conserving fixtures.

      (12)   Delivery of compost, mulch, soil, or other clean organic or inorganic materials shall be allowed, provided however, that the storage of the materials shall not exceed six feet in height and is screened from public view.

      (13)   Chemical applications such as pesticides, herbicides, and fertilizers are allowed provided that state regulations are followed and the responsible party obtains the required permits. However, organic growing practices are preferred due to the negative impacts of many chemicals on environmental quality and public health.

      (14)   All food products provided for sale shall comply with the requirements of Chapter 16 "Health and Sanitation" of the city code.

      (15)   Property shall be restored to its former condition immediately prior to or an improved state upon cessation of the urban agriculture use, including but not limited to, the removal of all agricultural structures, tanks, raised beds, irrigation lines and equipment.

   (b)   In all residential districts as a primary use and "ER" Neighborhood Commercial as a primary use:

      (1)   On site sales shall be allowed sunrise to sunset, not to exceed three days per week. A maximum sales area 50 square feet with one temporary structure to be used the day of the sale. A maximum two foot by two foot signage shall be allowed the day of sale. A temporary sandwich board sign shall be allowed within ten feet of the site of sales.

      (2)   Sales may occur in accordance with division (b)(1) above for nonresidential properties in residential districts, e.g. churches and schools.

      (3)   There shall be no size limitation for urban farms.

      (4)   Coverage of buildings shall be determined by the lot coverage for the zoning district. Any vertical structure over four feet is included in this calculation and includes classrooms, greenhouses, and storage structures.

      (5)   Screening fences are required for the storage of compost, mulch and similar items. Storage piles or the fence shall not exceed six feet in height. Storage of these items shall not be visible from the ground level of adjacent residential property or public street. Open security fencing shall be allowed for all production areas provided however fences in the front yard shall comply with § 5.305.

      (6)   Cisterns shall not exceed 500 gallons and/or six feet in height, whichever is greater.

      (7)   Aquaponics shall be allowed within a structure with no outside storage of equipment or materials.

      (8)   When the agricultural use is accessory to a primary residential use:

         a.   Division (b)(1) above applies; and

         b.   Front yard gardens are allowed for crop production. Once production ceases and plants begin to die back, the yard shall be maintained. No weeds or other unkempt conditions shall remain. Plants that seed shall be allowed to remain during the seeding process but shall be otherwise maintained.

      (1)   Production plus permanent or temporary retail sales allowed. Permanent sales facilities shall operate in accordance with § 5.145 as a farmer's market. Temporary sales operations shall comply with division (b)(1) above.

      (2)   Aquaponics shall be allowed within a structure, with no outside storage of equipment or materials.

      (3)   Self-pick farms are allowed. Parking shall be required at one vehicle per four employees and one vehicle per acre of urban farm for customer parking and may be provided as compacted gravel base.

      (4)   Screening fences are required for the storage of compost, mulch and similar items. Storage piles or the fence shall not exceed six feet in height. Open security fencing shall be allowed for all production areas. Any retail or nonproduction structure or any structure that contains a portion of these activities shall comply with the commercial regulations of the Zoning Ordinance.

      (5)   Motorized equipment shall not exceed ten horsepower.

      (1)   The commercial requirements in division (c) above apply; warehouse/distribution uses are allowed.

      (2)   Storage of equipment and vehicles including tractors, spreaders and harvesting equipment may only occur on lots within industrial districts.

      (3)   Aquaponics shall be permitted within or outside a structure.

      (4)   Storage piles and fencing may exceed six feet in height.

      (1)   Acreage shall be limited to one acre.

      (2)   Motorized equipment shall not exceed ten horsepower.

      (3)   Screening fences are required for the storage of compost, mulch and similar items. Neither the storage piles nor the fence shall exceed six feet. Open security fencing shall be allowed for all production areas. Any retail or nonproduction structure or any structure that contains a portion of these activities shall comply with the commercial regulations of this section.

      (1)   A site plan is required for any urban farm under division (b) through (e) above operated as a primary use. The site plan shall show all areas used for the farming purposes and may include a multi-lot production unit. The site plan may be approved administratively by the development services director or designee. Operations as an accessory to a residential use shall not be required to provide a site plan. The site plan may be prepared by the applicant.

      (2)   A site plan shall include the following information:

         a.   Name and contact information of responsible party(ies);

         b.   The land area included within the site, the zoning classification of adjacent sites, and a plat, or survey if not recorded;

         c.   A legal description of the platted lots of the proposed site and the boundaries thereof;

         d.   The location of each proposed permanent structure on the site labeled with the intended use and include the distance to the property lines;

         e.   The location of any temporary sales structure;

         f.   Identification of the location of outdoor storage including composting, organic debris, and permanent equipment. Storage in piles shall provide intended maximum pile height;

         g.   Identification of any equipment to be used in the crop production, location of storage and expected frequency and duration of use;

         h.   The dimensions and capacities of parking areas and loading areas, as applicable;

         i.   Depiction of the landscaping of all street frontages for retail or warehouse uses or a note that it will comply with § 6.301 of the Zoning Ordinance;

         j.   The location and height of all walls, fences and screen planting and landscaping;

         k.   The location of parking for employees;

         l.   The location, size, height, foot candle level (brightness) and direction of all lighting in residential districts or adjacent to "A" or "B" residential districts. Lighting in residential districts or adjacent to "A" or "B" residential districts shall be shielded in order to eliminate light trespass onto adjacent properties;

         m.   Proposed signage if applicable. Signage for nonproduction uses shall meet the regulations of the applicable zoning district;

         n.   The location and screening of refuse containers, mechanical equipment, and other structures not requiring a building permit;

         o.   A schedule of the phasing of all improvements shown in the plan, if applicable;

         p.   For production areas only: if not provided on the farming site, a note shall be provided where restrooms shall be available for employees. If at the farm's business office, provide the location. If by agreement with a surrounding business, provide the name and address of the business and a copy of the written agreement. Temporary restroom facilities shall be allowed as allowed by Chapter 16 "Health and Sanitation" of the city code. Restrooms shall be provided in accordance with applicable building codes for retail, warehouse, and distribution structures.

         q.   Location and type of water supply and electrical outlet(s) provided for the farm/garden.

   Note: A basic storm water/erosion and sediment control plan will be required for review.

   Note: All regulations of the Zoning Ordinance apply unless a variance is received and provided on the site plan.

      (1)   On site sales shall be allowed sunrise to sunset, not to exceed three days per week. Maximum sales area 50 square feet with a temporary structure to be moved to the point of sale only the day of the sale. Maximum 2 ft. x 2 ft. signage shall be allowed for the day of sale only. A temporary sandwich board sign shall be allowed within ten feet of the site of sales.

      (2)   No fencing or landscaping required, but gardens shall be maintained to a residential standard. No weeds or other unkempt conditions shall remain.

      (3)   No additional parking spaces are required.

      (4)   No size limit but shall be located on a platted residential lot.

      (5)   Accessory structures shall not exceed 400 total square feet.

      (6)   Landscaping structures such as arbors may be installed for aesthetic and shade purposes behind the required front setback.

      (7)   The maximum structure lot coverage for the applicable zoning district shall apply.

      (8)   A minimum 2 ft. x 2 ft. permanent unilluminated sign shall be installed providing the phone number of a contact person. A maximum 32 square foot sign may be installed behind the required front setback. The sign shall be well maintained and removed upon closure of the garden.

(Ord. 22335-08-2016, § 1, passed 8-2-2016; Ord. 24030-02-2020, § 22, passed 2-4-2020)

   (a)   The applicant shall submit the following information to the planning and development department:

      (1)   Area plan showing zoning classifications and land uses of all property within one-quarter 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;

      (2)   Site plan for the property, in compliance with this article. The site plan shall include a floor plan detailing 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;

      (3)   Copy of the contract governing the operation of the facility;

      (4)   Security plan identifying security features of facility; and

      (5)   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 1,000 feet of the property on 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 1,000 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 city council, notification of the request shall be sent to the owners of all property within 1,000 feet of the property on which the expansion is proposed and to all neighborhoods registered with the planning and development department that include property located within 1,000 feet of the proposed site. In addition, 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 and shall be at least five inches by eight inches.

(Ord. 23609-03-2019, § 8, passed 3-19-2019)

   (a)   Additional development controls shall be required, as follows:

      (1)   Holding areas for horses or dogs shall be provided in case of fire;

      (2)   An approved emergency plan and an approved evacuation plan shall be provided;

      (3)   Security plans shall be provided and reviewed by the police department;

      (4)   Spectator parking lots shall be 500 feet from any one- or two-family districts;

      (5)   Other facilities, including accessory uses and facilities such as the race track and the bleachers, shall be 1,000 feet from any one- or two-family district and from any multifamily district not a part of race track as a mixed use;

      (6)   The parking required shall be one space for every two spectator seats and one space for every ten square feet of spectator standing area;

      (7)   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;

      (8)   An approved solid waste disposal plan shall be provided and set into operation upon occupancy of the racetrack and its buildings and structures; and

      (9)   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:

      (1)   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;

      (2)   Compartmentalization of parking areas for traffic circulation and emergency vehicle circulation;

      (3)   Emergency vehicle access around site located at the bleachers area with connection through the spectator parking lots to the user area;

      (4)   Height of buildings and structures not to exceed 12 stories or 120 feet, whichever is the most restrictive; and

      (5)   User parking and storage area for trailers and similar vehicles with separate access than from spectator parking area.

(Ord. 23609-03-2019, § 8, passed 3-19-2019)

   (a)   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. Provided however, a conditional use permit is required when a recycling center with outdoor processing and stockpiling, household hazardous waste or waste tire facility is within 1,000 feet of a residential district or mixed use/form-based district that includes a residential use, a "CF" community facilities district, or a public or private park as measured property line to property line of the protected zoning district or park. If an application to create a planned development district to allow one of the uses described in this section is on file with the city prior to the adoption of this section, the city may approved the planned development district, and any use permitted by that planned development district shall be a legal conforming use. For purposes of this subsection (a), such facilities are further defined by Tex. Administrative Code Title 30, Chapter 330, Municipal Solid Waste, § 330.3, and Tex. Administrative Code Title 30, Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste, § 335.1. The operator shall comply with the following requirements:

      (1)   Submit a site development plan for review that provides detailed information about the design and development of the facility and that addresses:

         a.   Zoning and land use within one-quarter mile of the site;

         b.   Proximity to residences, businesses and other uses;

         c.   Availability and characteristics of access roads including current traffic volumes and impact of proposed facility on roads and traffic;

         d.   Locations of all existing and proposed buildings, equipment and machinery;

         e.   Fire prevention and control;

         f.   Groundwater, drinking water and surface water protection including wash areas, stream or water course diversions, holding ponds and tanks;

         g.   Screening fences, berms, buffers and landscaping;

         h.   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

         i.   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.

      (2)   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 of all materials for which the facility is approved.

      (3)   Submit and maintain on-site an operations plan that addresses:

         a.   Provisions for preventing unauthorized wastes and materials from being brought to the facility;

         b.   Procedures for identifying, handling, removing, transporting and disposing of unauthorized wastes and materials that may have been brought to the facility;

         c.   Procedures for controlling water runoff, erosion, dust, odors, vectors and rodents;

         d.   Procedures and employee training for fire prevention and control;

         e.   Litter control and cleanup; and

         f.   Procedures for reporting and handling fuel and chemical spills.

   (b)   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.

   (c)   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.

(Ord. 23609-03-2019, § 8, passed 3-19-2019)

   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:

   (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 address and 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-foot intervals, 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 contract for 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, business address and phone number of the facility owner and operator in compliance with the requirements for on-premises signs; and

   (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 use.

(Ord. 23609-03-2019, § 8, passed 3-19-2019)

   Small box discount store may be permitted in accordance with the use tables in Chapter 4, Articles 6, 8 and 12, the city council may consider the following criteria:

   (a)   The proposed location is no less than two miles from any existing small box discount store. The measurement shall be in a direct line from the property line of the proposed small box discount store to the property line of the existing small box discount store, in a direct line across intersections.

   (b)   A minimum of 10% of the floor area is dedicated to fresh produce, meat and dairy products.

(Ord. 23971-12-2019, § 1, passed 12-3-2019, eff. 12-11-2019)

   Retail smoke shop may be permitted in accordance with the use tables in Chapter 4, Articles 6, 8 and 12, provided however, retail smoke shops are prohibited within 300 feet of schools, universities and hospitals. The measurement shall be in a direct line from the property line of the proposed retail smoke shop to the property line of the existing schools, universities or hospitals.

(Ord. 25955-01-2023, § 4, passed 1-10-2023, eff. 1-20-2023)

   Boarding home facilities are permitted in accordance with the use tables in Chapter 4, Articles 6, 8 and 12, subject to the following conditions:

   (a)   In one-family districts the maximum number of residents in a boarding home facility, by right, shall be six.

   (b)   A boarding home facility must meet all applicable permitting requirements of Chapter 20, Article XIV, Boarding Homes of the City Code and any applicable Tex. Human Resources Code requirements.

   (c)   A boarding home facility may not be established within one-half mile of a previously existing boarding home facility.

   (d)   Compatibility standards in one-family zoning districts:

      (1)   There shall be no exterior display or sign with the exception that a nameplate, not exceeding one square feet in area, may be permitted when attached to the front of the main structure provided the nameplate is not illuminated and attached flat to the dwelling unit or visible through a window.

      (2)   No exterior construction features shall be permitted which would place the structure out of character with the surrounding residential neighborhood.

      (3)   Front yard impervious cover shall comply with maximum percentages indicated in Chapter 6.

   (e)   Any residential structure converted into a boarding home facility will be required to comply With all additional city code standards including but not limited to the building code, electric code or fire code, as applicable, based on the nature of the proposed use and occupancy classification.

(Ord. 26358-08-2023, § 6, passed 8-8-2023)

   A bar or tavern may be permitted in the high intensity mixed- use ("MU-2") district subject to the following conditions:

   (a)   Bars or taverns 2,000 square feet or less are allowed by right in the MU-2 district.

   (b)   A conditional use permit shall be required if the bar or tavern is larger than 2,000 square feet where alcohol is served or consumed.

   (c)   A bar or tavern that was lawfully in existence on the effective date of this section shall be granted nonconforming status. The building official shall maintain a register of all certificates of occupancy for bars and taverns made nonconforming after the effective date of this section. The building official shall determine maximum occupancy allowed where alcohol is served or consumed for nonconforming bars and taverns.

   (d)   Nonconforming status shall be retained when:

      (1)   Renewing a Texas Alcohol and Beverage Commission (TABC) permit or license; or

      (2)   The sale or transfer of the business/premise requires a new TABC permit or license is required; or

      (3)   Maintaining, repairing or making alterations that do not exceed the occupancy allowed in the registry maintained by the building official.

   (e)   Nonconforming status shall terminate when:

      (1)   The TABC permit or license is terminated and a bona fide application for a new license or permit is not filed with TABC within two years of the prior permit or license expiration; or

      (2)   The use has been changed to a conforming use in the MU-2 district; or

      (3)   The use is altered or expanded such that the occupancy exceeds the maximum allowed in the registry maintained by the building official; or

      (4)   Restoration of a building destroyed by fire, explosion or other casualty, or act of God exceeds 75% of the building's reasonable value.

(Ord. 26445-09-2023, § 1, passed 9-12-2023, eff. 9-26-2023)

   A shelter may be permitted in accordance with the use tables of Appendix A, Chapter 4, Articles 6 and 8, provided it shall not be located within a one-mile radius of existing shelters on East Lancaster Avenue or within one-mile of the Historic Southside Neighborhood (generally illustrated in Appendix B, Exhibit B.37). The board of adjustment shall have no authority to grant any variance to the distance limitation.

(Ord. 26652-12-2023, § 1, passed 12-12-2023, eff. 1-9-2024)

   A permanent batch plant, asphalt or concrete, shall be limited to districts designated “CUP*” in the use tables in Chapter 4, Articles 8 and 12.

(Ord. 27030-06-2024, § 4, passed 6-25-2024, eff. 7-23-2024)

   The following are provided as guidelines for the construction, interpretation and enforcement of this article.

   (a)   It is the purpose and intent of this article to regulate sexually oriented business establishments so as to protect and promote the health, safety and general welfare of the citizens of the city and visitors thereto, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city.

   (b)   This article intends a balance of the right of the citizens of the city to maintain a decent moral society and, on the other hand, the right of individuals to express themselves freely in accordance with the guidelines of the Constitution of the United States and United States Supreme Court rulings pursuant thereto.

   (c)   This article is also intended to deter property uses and activities, which directly or indirectly, cause or would cause adverse secondary effects, including the deprecation of property values, on the stability of the immediate neighborhood surrounding the sexually oriented business.

   (d)   This article has neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials.

   (e)   Similarly, it is not the purpose or intent of this article to restrict or deny lawful access by adults to sexually oriented materials or to deny access by the distributors and exhibitors of sexually oriented materials to their intended market.

   (f)   Similarly, it is not the purpose or intent of this article to impose judgment on the content or merits of any constitutionally protected form of speech or expression.

   (g)   It is the purpose of this article to generally charge operators of sexually oriented businesses to comply with a policy of “keep it indoors and under control” and to hold all operators first line answerability, directly or indirectly, for all uses of the premises and activities conducted thereon.

(Ord. 16118, § 1, passed 9-14-2004)

   Sexually oriented businesses are classified as follows:

   (a)   Adult arcades;

   (b)   Adult bookstores or adult video stores;

   (c)   Adult cabarets;

   (d)   Adult motels;

   (e)   Adult motion picture theaters;

   (f)   Escort agencies;

   (g)   Adult model studios;

   (h)   Sexual encounter centers; and

   (i)   Any commercial venture whose operations include the providing, featuring or offering of employees or entertainment personnel who appear on the premises while in a state of nudity or simulated nudity and provide live performances, services or entertainment for customers.

(Ord. 16118, § 1, passed 9-14-2004; Ord. 20901-09-2013, § 1, passed 9-10-2013; eff. 9-25-2013)

   (a)   A person, including an operator of a sexually oriented business, commits an offense if he or she operates or permits the operation, or establishment of a sexually oriented business in a zoning district that does not expressly permit that type of use in said zoning district.

   (b)   In addition to being located in the proper zoning district, a person, including an operator, commits an offense if he or she causes or permits the operation or establishment of a sexually oriented business in or within 1,000 feet of an existing:

      (1)   Religious institution;

      (2)   School;

      (3)   Public park;

      (4)   A residential district;

      (5)   The downtown tourism area (generally illustrated in Appendix B, Exhibit B.3);

      (6)   The cultural district (generally illustrated in Appendix B, Exhibit B.7);

      (7)   The Fort Worth stockyards national register historic district (generally illustrated in Appendix B, Exhibit B.5);

      (8)   Other sexually oriented business within the city limits not located on I-30 or I-35; or

      (9)   Areas that currently are, or within the last ten years were, designated as neighborhood empowerment zones, tax increment finance districts and public improvement districts.

   (c)   In addition to being located in the proper zoning district, a person, including an operator, commits an offense if he or she causes or permits the operation or establishment of a sexually oriented business in or within 1,500 feet of an existing sexually oriented business located within the city limits on I-30 or I-35.

   (d)   (1)   For the purpose of subsections (b) and (c) above, measurement of the distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line of an existing religious institution, school or sexually oriented business, or from the boundary line of a public park, residential district, designated historical/cultural district, or areas currently or within the last ten years were designated as neighborhood empowerment zones, tax increment finance districts and public improvement districts to the nearest property line of the property sought to be used as a sexually oriented business.

      (2)   If the sexually oriented business, school or religious institution occupies greater than 50% of the total building square footage on a developed site, parcel, tract or platted lot, then the measurement of the distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line.

      (3)   If the sexually oriented business, school or religious institution occupies less than 50% of the total building square footage on a developed site, parcel, tract or platted lot, then the measurement of the distance shall be made in a straight line, without regard to intervening structures or objects, from the closest wall.

      (4)   All other provisions of this section shall remain in full force and affect.

   (e)   Also for the purposes of subsection (b) above, measurement of the 1,000 foot distance shall also include religious institutions, schools, public parks, residential districts or other sexually oriented businesses, which are located in an adjacent city, township or rural land area and which are within the 1,000 foot distance of the nearest property line of the property sought to be used as a sexually oriented business within the City of Fort Worth.

   (f)   A certified survey prepared by a licensed surveyor or licensed engineer showing distance measurements in accordance with this section shall be submitted to the development services director as part of the application for the specialized certificate of occupancy. Any specialized certificate of occupancy issued for a building or facility used to conduct a sexually oriented business without submission of the required survey shall be null and void.

   (g)   A person commits an offense if he or she causes or permits the establishment or operation of more than one sexually oriented business on the same property, in the same building or structure, or any portion thereof.

   (h)   A sexually oriented business lawfully operating as a conforming use after December 21, 1993 is not rendered a nonconforming use by the subsequent location of a religious institution, school, public park, residential district or designated historical/cultural district within 1,000 feet of the sexually oriented business.

   (i)   A sexually oriented business lawfully operating as a conforming use prior to September 27, 2004 is not rendered a nonconforming use by the change in zoning districts that expressly permits sexually oriented business in said zoning district or by the increase in distance to 1,500 feet on I-35 or I-30. Such businesses shall be allowed to remodel and repair their current operations so long as the size of the building is not expanded and the remodel and repair occurs within the same footprint of the building at the time of adoption of this ordinance. All repairs and remodeling must be in compliance with the current city codes.

(Ord. 16118, § 1, passed 9-14-2004; Ord. 17522, § 6, passed 4-24-2007; Ord. 18130, § 1, passed 6-3-2008; Ord. 24030-02-2020, § 22, passed 2-4-2020)

   (a)   Specialized certificate of occupancy required.

      (1)   A person commits an offense if he or she establishes, operates or continues to operate a sexually oriented business without a valid specialized certificate of occupancy expressly allowing the particular type of business issued by the City of Fort Worth for the particular type of business and activity to be conducted on the premises.

      (2)   The fact that a person possesses other types of state or city permits does not exempt him or her from the requirement of obtaining and thereafter maintaining a valid specialized certificate of occupancy. A person who operates a sexually oriented business and possesses other state or city permits shall comply with the requirements and provisions of this article as well as the requirements and provisions of the other applicable permits.

      (3)   A person shall not cause the establishment, operation or continuation of a sexually oriented business establishment under any other form of certificate of occupancy, such as a “lounge,” “nightclub,” “bar,” “tanning salon,” etc., that does not also expressly provide for the sexually oriented business and activity also conducted on the premises.

   (b)   Application for specialized certificate of occupancy.

      (1)   Any person, association, firm, partnership or corporation or other entity desiring to obtain a specialized certificate of occupancy for a sexually oriented business shall make application on a form(s) provided by the city’s planning and development department. The applicant shall also furnish any and all necessary supporting documents as required by the application.

      (2)   An application for a specialized certificate of occupancy shall be valid for a period of two years and shall expire on the second anniversary of its date of filing with the city if the sexually oriented business is not open for business under a valid specialized certificate of occupancy. A subsequent application shall be subject to all the current ordinance requirements, including, but not limited to, distance and zoning requirements, and any amendments to the ordinance since the filing of the previous application.

      (3)   Only a person who is an officer of or who has at least a 20% ownership interest in a sexually oriented business may apply for a specialized certificate of occupancy for the business. Each applicant must be qualified according to the provisions of this section and shall be considered an operator if a specialized certificate of occupancy is granted.

      (4)   If an applicant is an individual, he or she must sign the application form as “applicant.”

      (5)   If the applicant is other than an individual, each person or entity who is an officer of the business or has a 20% or greater investment or ownership interest in the business entity must sign the application as an “applicant.” An application on behalf of a corporation or partnership must provide sufficient documentation with the application to identify all corporate shareholders and directors or partners who have a 20% or greater ownership interest.

      (6)   If the enterprise is a Texas corporation, a certified copy of the articles of incorporation, together with all amendments must be submitted.

      (7)   If the enterprise is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, along with all amendment must be submitted.

      (8)   If the enterprise is a limited partnership formed under the laws of Texas, the applicant must submit a certified copy of the certificate of limited partnership, together with all amendments filed in the office of the Secretary of State of Texas. If the partnership is a foreign limited partnership, the applicant must submit the certificate of limited partnership and the qualification documents along with all amendments filed in the office of the Secretary of State of Texas.

      (9)   Proof of the current fee ownership of the tract of land on which the enterprise is to be situated in the form of a copy of the recorded deed or binding lease for the premises on which the business would be operated.

      (10)   In addition to identifying those person required to sign an application under this subsection (b), the application must identify all parent and sexually oriented related corporations or entities of any person who will own or operate the sexually oriented business and include the names of the officers of each parent or related corporation or entity.

      (11)   Subsequent corporate sales, mergers, changes in shareholders or changes in partners shall be registered with the planning and development department immediately upon completion of the documentation evidencing the transaction. All subsequent shareholders and directors or partners must be identified and shall be subject to qualification and compliance with the requirements for obtaining the specialized certificate of occupancy.

      (12)   The application must be accompanied by:

         a.   A sketch or diagram drawn to scale of the floor plan(s). A professionally prepared sketch or diagram in the nature of an engineer or architect’s blueprint is recommended but shall not be required. Each sketch or diagram shall be oriented to the north or to some designated street or landmark. Each sketch or diagram shall be drawn to a designated scale or with marked dimensions sufficient to show the various dimensions of all areas, walls, doors, windows or other material aspects of the premises. Each sketch or diagram shall include at least the following:

            1.   The internal and external configuration of the premises, including a statement of total floor space occupied by the structure;

            2.   A statement fully describing the external signage to be displayed on the premises, as well as signage intended to be displayed elsewhere in the city to advertise the business;

            3.   The location of one or more manager’s stations or office;

            4.   The location of all electrical wiring and fixtures, including, but not limited to, lighting fixtures, sound systems, special effects equipment, video display equipment, video surveillance systems, etc.;

            5.   Designation of any portion of the premises in which customers will not be permitted or in which sexually oriented business activities will not be conducted;

            6.   A plan or description of the safety and security measures for the inside and outside of the premises, its customers and employees;

            7.   A designation of the place(s) at which the specialized certificate of occupancy, a copy of the floor plan(s), and other necessary permits, licenses and signage will be conspicuously posted; and

            8.   The director of the planning and development department may waive the foregoing sketch or diagram requirements only for renewal applications if the applicant expressly adopts by reference a floor plan that was previously approved and certifies that the configuration of the premises has not been altered or enlarged since it was approved.

         b.   All new applications shall include a certified survey map prepared by a licensed surveyor or licensed engineer which shows the required minimum distances from properties with protected uses or protected zoning.

      (13)   A nonrefundable application fee shall accompany all applications. An application shall not be considered filed until all applicable fees are paid and all information required by the application form has been submitted.

      (14)   A copy of all applications and supporting documentation for specialized certificates of occupancy shall be maintained in the planning and development department.

      (15)   The operator of a sexually oriented business shall permit and cooperate with the appropriate city enforcement personnel to lawfully inspect the entire premises as well as all activity being conducted therein.

      (16)   Each applicant shall sign a waiver and authorization form authorizing the chief to request on behalf of the applicant criminal history reports from the Texas department of public safety and any appropriate federal agency.

      (17)   Each application shall contain the following statements signed by applicant:

         a.   I represent that I have personal knowledge of all statements made and information given in this application and that the information is true and correct;

         b.   If required by law, that an outdoor sign was posted in conformance with this article and state law not later than the sixtieth day before the date the application was filed; and

         c.   The applicant has read the provisions of this article.

   (c)   Issuance of original specialized certificate of occupancy.

      (1)   The planning and development department shall approve the issuance of a specialized certificate of occupancy to an applicant within 30 working days after all conditions required for the application have been satisfied.

      (2)   When issued, the certificate shall state on its face:

         a.   The full name, address and telephone number of the person(s) (“the operator”) to whom it is granted;

         b.   The name, address and telephone number of the establishment;

         c.   A description of specifically what type of sexually oriented business operation has been approved to be conducted on the premises; and

         d.   The expiration date.

      (3)   When issued, the specialized certificate of occupancy shall remain the sole property of the city and shall be valid only as to the operator and location for which it was originally issued and shall not be sold, loaned or otherwise transferred to any other person, subsequent operator of the business or to another location unless the sale, loan or transfer complies with the provisions of this article.

      (4)   The specialized certificate of occupancy as well as a copy of the currently approved floor plan shall be continually displayed in a conspicuous place within the establishment so that it is visible to the public at all times and may be easily read.

      (5)   It shall be an offense for any person to counterfeit, forge, change, deface or alter a specialized certificate of occupancy.

      (6)   No increase of the floor area or modification in the internal structural configuration of a sexually oriented business shall be made beyond the area or configuration as shown in the floor plan as approved with the issuance of the specialized certificate of occupancy unless an amended specialized certificate of occupancy is issued by the planning and development department per subsection (d) below.

   (d)   Issuance of amended or modified certificates of occupancy.

      (1)   In the event a lawfully operating sexually oriented business desires to modify its operations by varying the type of entertainment or activity provided to another type which is not authorized in the operator’s current specialized certificate of occupancy, the operator shall notify the planning and development department in writing 30 days in advance, apply for and acquire prior written approval for the modification, up to and including an amended or modified specialized certificate of occupancy, if necessary. The planning and development department’s approval or denial shall be made within 30 days of receipt of said written request from the operator.

      (2)   A non-refundable processing fee equal to one-half of the original application fee shall be required for obtaining an amended or modified certificate. The amended or modified certificate shall expire on the same date as the original certificate.

   (e)   Expiration and renewal of a specialized certificate of occupancy.

      (1)   Each specialized certificate of occupancy shall be valid for a period of one year and shall expire on the anniversary of its date of issuance, unless sooner revoked or surrendered. Each specialized certificate of occupancy shall be subject to renewal as of its expiration date by the filing of a renewal application with the development services director.

      (2)   The operator holding a specialized certificate of occupancy issued under this section may renew the certificate rather than reapply for an original certificate if, not later than 30 days prior to the expiration of the certificate, the operator files and receives approval of a renewal application.

      (3)   Application for renewal shall be made to the planning and development department on the form(s) prescribed and accompanied with payment of the nonrefundable processing fee equal to one-half of the original application fee. All applications for renewal shall meet the same requirements as set for an original application.

      (4)   A violation of a city ordinance or state law that would constitute the basis for the denial, suspension or revocation of a certificate that occurs before the filing of a renewal application shall be considered as the basis for the denial of the renewal application.

      (5)   If the planning and development department denies an application for renewal, the operator may appeal the decision to the board of adjustment as provided in subsection (h) hereafter. Any action by the development services director is stayed pending the decision of the board of adjustment and if applicable, any appeal of the board’s decision.

   (f)   Denial of application for a specialized certificate of occupancy.

      (1)   The planning and development department shall deny issuance of the certificate if one or more of the following are found to be true:

         a.   The location of the establishment would be in violation of the applicable zoning district classification for the intended property use;

         b.   The location would be in violation of the distance regulation as set forth in § 5.202;

         c.   The application fees have not been paid;

         d.   An applicant has failed to make full disclosure or supply all of the information requested on the application;

         e.   An applicant has failed to provide information reasonably necessary for the issuance of the specialized certificate of occupancy or had provided false, fraudulent or untruthful information on the application, or is attempting to acquire the certificate under false pretenses;

         f.   The configuration and layout of the proposed premises would be in violation of the applicable provisions regarding accessibility, visibility and inspection as set forth in this article;

         g.   The structure, configuration and layout of the premises would be in violation of, or are not in compliance with, all other applicable city ordinances, including fire code and building codes;

         h.   An applicant has not demonstrated lawful ownership of the premises; or does not hold a binding lease for the premises upon which the business would be operated, or has not demonstrated a legally enforceable right to acquire the same;

         i.   An applicant is under 18 years of age;

         j.   An applicant is under 21 years of age and the sale or serving of alcoholic beverages would be an aspect of the business;

         k.   If the location of the proposed sexually oriented business is within a building, structure or portion thereof contains another sexually oriented business;

         l.   An applicant or an applicant’s spouse is overdue in payment to the city of taxes, fees, fines or penalties assessed against or imposed upon the applicant or the applicant’s spouse in relation to a sexually oriented business and has not paid the taxes, fees or penalties after submission of the application and before the issuance of the specialized certificate of occupancy by the planning and development department;

         m.   The applicant has been operating the proposed business as a sexually oriented business without a valid specialized certificate of occupancy issued under this article;

         n.   The applicant or the applicant’s spouse is required to register as a sex offender under the provisions of Tex. Code of Criminal Procedure Chapter 62;

         o.   An applicant or an applicant’s spouse has been convicted of a criminal offense within the last ten years involving any of the following offenses set forth in the Texas Penal Code:

            1.   Tex. Penal Code Chapter 21: Public lewdness, indecent exposure, indecency with a child;

            2.   Tex. Penal Code Chapter 22: Sexual assault or aggravated sexual assault;

            3.   Tex. Penal Code Chapter 25: Incest, solicitation of a child or harboring a runaway child;

            4.   Tex. Penal Code Chapter 43: Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, display or distribution, sale, distribution or display of harmful material to a minor, sexual performance by a child, employment harmful to minors, possession or promotion of child pornography; or

            5.   i.   Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses;

               ii.   For which:

                  A.   Less than two years have elapsed since the date of conviction or the date of release from the terms of community supervision, probation, parole or deferred disposition or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

                  B.   Less than five years have elapsed since the date of conviction or the date of release from the terms of community supervision, probation, parole or deferred disposition or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense; or

                  C.   Less than five years since the date of conviction or the date of release from the terms of community supervision, probation, parole or deferred disposition or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction are of two or more misdemeanor offenses or combination or misdemeanor offense occurring within any 24-month period.

      (2)   The applicant who has been convicted or whose spouse has been convicted of a criminal offense listed this section may obtain a specialized certificate of occupancy only after the time period required for satisfactory completion has elapsed and full release has been received from all conditions imposed regarding confinement, parole or probation, whichever is the later date.

      (3)   The fact that a conviction is being appealed has no effect on the disqualification of the applicant or applicant’s spouse under this subsection (f).

   (g)   Appeal of a denial of an application for a specialized certificate of occupancy. If the planning and development department denies the application and the issuance of a specialized certificate of occupancy, certified mail, return receipt requested written notice shall be provided to the applicant(s) of such action within 35 working days after receipt of the application.

      (1)   Upon receipt of the notice of denial the applicant may respond by requesting reconsideration and providing appropriate documentation sufficient to complete the application or otherwise address the department’s basis for the denial.

      (2)   If a written request for reconsideration is received, the application and supplemental information shall be reconsidered and a response provided within ten working days after the request is received.

      (3)   Upon receipt of notice of denial of the reconsidered application, the applicant shall have the right to appeal the denial to the board of adjustment within 30 days, but only for a determination as to whether the application was denied through error or mistake.

      (4)   The written appeal to the board of adjustment shall provide a clear and concise statement of the factual basis or grounds for the appeal. The request for appeal shall also be accompanied with the non-refundable fee pursuant to the adopted fee schedule.

      (5)   The appeal hearing shall be scheduled and conducted according to the board of adjustment’s rules of procedure.

      (6)   The applicant shall bear the burden of proof of disputed factual matters to produce a preponderance of the evidence to establish that the application was erroneously or mistakenly denied by the planning and development department.

      (7)   The board of adjustment may overturn the denial of the application and thereafter approve the issuance of the certificate only if the application was erroneously or mistakenly denied by the planning and development department and is otherwise shown to comply with all other requirements for an application. Unless the application was erroneously or mistakenly denied, the board of adjustment shall affirm the department’s denial.

   (h)   Appeal of a denial of a renewal application for a specialized certificate of occupancy.

      (1)   A denial of a renewal application for a specialized certificate of occupancy may be appealed to the board of adjustment following the same procedures as provided in subsection (g) above.

      (2)   The filing of any appeal under this subsection (h) stays the action of the development services director until the board of adjustment makes a final decision.

   (i)   Suspension of specialized certificate of occupancy.

      (1)   The director of the planning and development department shall suspend a specialized certificate of occupancy for a period not to exceed 30 days if it is determined that the operator has:

         a.   Violated or is not in compliance with the regulations set forth in this article;

         b.   Refused to allow an inspection of the sexually oriented business premises as authorized by this article; or

         c.   Committed acts that constitute grounds for revocation as set forth in subsection (j) below.

      (2)   A suspension may be appealed to the board of adjustment as provided in subsection (k) below.

   (j)   Revocation of a specialized certificate of occupancy.

      (1)   The director of the planning and development department shall revoke a specialized certificate of occupancy if the director of planning and development determines that one or more of the following is true:

         a.   The operator gave false or fraudulent information in the application or otherwise acquired the certificate under false pretenses;

         b.   The operator knowingly operated, provided or permitted sexually oriented business activity or entertainment to occur on the premises during a period of time when the specialized certificate of occupancy was suspended;

         c.   The operator knowingly allowed or participated in the unlawful possession, use or sale of controlled substances on the premises;

         d.   The operator knowingly allowed or participated in prostitution, or its solicitation, or unlawful offenses of a similar nature to take place on the premises;

         e.   The operator has been convicted of a criminal offense listed in subsection(f)(1)o. above for which the time period required subsection (f)(2) above has not lapsed;

         f.   An operator is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes or sales taxes related to the sexually oriented business;

         g.   An operator has transferred the specialized certificate of occupancy in violation of this article; and/or

         h.   Cause for suspension as provided in subsection (i) above has occurred, and the certificate has been previously suspended for any reason at least two times in the preceding 12-month period.

      (2)   The fact that a conviction is being appealed has no effect on the revocation of the specialized certificate of occupancy.

      (3)   When the development services director revokes a specialized certificate of occupancy, the revocation will continue for one year, and the operator shall not apply for or be issued a specialized certificate of occupancy for one year after the date of revocation became effective. If, subsequent to revocation, the development services director finds that the basis for the revocation has been corrected or abated, the operator may apply for and be granted a specialized certificate of occupancy if at least 90 days have elapsed since the date the revocation became effective. If the specialized certificate of occupancy was revoked under subsection (j)(1)e. above, an applicant may not apply for or be granted another specialized certificate of occupancy until the appropriate period required by subsection (f)(2) above has lapsed.

      (4)   A revocation may be appealed to the board of adjustment as provided in subsection (k) hereafter.

   (k)   Appeal of the suspension or revocation of a specialized certificate of occupancy.

      (1)   If the development services director suspends or revokes a specialized certificate of occupancy, the director of planning and development shall send to the operator, by certified mail, return receipt requested, written notice of the action and the right to appeal.

      (2)   Upon receipt of written notice of the suspension or revocation, the operator whose specialized certificate of occupancy has been suspended or revoked has the right to appeal to the board of adjustment.

      (3)   An appeal to the board of adjustment must be in accordance with subsection (g) above. The filing of any appeal under this subsection (k) stays the action of the development services director in suspending or revoking a specialized certificate of occupancy until the board of adjustment makes a final decision.

      (4)   Any appeal of the decision of the board of adjustment must be filed with the state district court within 30 days after the receipt of notice of the decision of the board of adjustment. The operator shall bear the burden of proof. The filing of any appeal under this subsection (k) stays any action of the development services director.

   (l)   Transfer of specialized certificate of occupancy.

      (1)   A person commits an offense if he or she operates a sexually oriented business under a specialized certificate of occupancy in any name or at any location other than the name and address designated on the face of the certificate.

      (2)   Any person desiring to continue the operation of a sexually oriented business after purchase or transfer must meet all requirements of a new applicant and receive a new specialized certificate of occupancy in his or her own name prior to continuing the business operation. Otherwise, the certificate shall automatically be deemed revoked as of the date of the transfer or purchase of the operator in whose name the certificate was issued.

      (3)   A person commits an offense if he or she wrongfully counterfeits, forges, changes, defaces or alters a specialized certificate of occupancy. Any certificate wrongfully altered shall automatically be deemed void and invalid.

      (4)   If corporations that have substantially similar ownership merge or consolidate, a fee of one-half the original filing fee shall be paid for each sexually oriented business holding a specialized certificate of occupancy that is merged or consolidated into the surviving corporation. The surviving corporation succeeds to all privileges of the prior corporation that held the specialized certificate of occupancy if the owners of the surviving corporation meet the qualifications for an applicant to acquire the certificate under this section. For the purposes of this section, corporations have “substantially similar ownership” if 90% or more of the corporations involved are owned by the same person or persons, or by the same corporation or corporations, or if the surviving corporation has maintained an ownership interest in the merged or consolidated corporations since the date the original specialized certificate of occupancy was issued.

      (5)   The city’s specialized certificate of occupancy is not property to be inherited or otherwise transferred in cases of incapacity or death. If an operator becomes legally incapacitated or dies, the executor or guardian of the estate shall, as soon as reasonably possible but no event later than 30 days of the death or incapacity, notify the planning and development department in writing of the status of business operations, the persons controlling the estate, and those heirs or other persons involved in settling the estate. Any person desiring to continue the sexually oriented business must meet all requirements of new applicants and receive a new specialized certificate of occupancy in his or her own name prior to continuing the business operations. otherwise, the certificate shall automatically be deemed revoked as of the date of the death or incapacity of the operator in whose name the certificate was issued.

      (6)   The city’s specialized certificate of occupancy is not property to be listed as an “asset” or otherwise transferred for purposes of resolution in bankruptcy. If an operator files a petition in bankruptcy seeking protection as a failing business, the operator shall also immediately deliver true and correct copies of documentation of same to the planning and development department.

(Ord. 16118, § 1, passed 9-14-2004; Ord. 17522, §§ 5, 6, passed 4-24-2007; Ord. 17782, § 1, passed 9-18-2007; Ord. 24030-02-2020, § 22, passed 2-4-2020)

   (a)   Prior to employment of any person by the sexually oriented business, the owner or operator of the sexually oriented business shall conduct a criminal background check on all prospective employees to ensure that no person employed has any convictions or any time of service in jail or prison for any of the following offenses:

      (1)   Tex. Penal Code Chapter 22: Sexual assault or aggravated sexual assault;

      (2)   Tex. Penal Code Chapter 25: Incest, solicitation of a child or harboring a runaway child;

      (3)   Tex. Penal Code Chapter 43: Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, display or distribution, sale, distribution or display of harmful material to a minor, sexual performance by a child, employment harmful to minors, possession or promotion of child pornography;

      (4)   Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; or

      (5)   Public lewdness, indecent exposure, public intoxication, drink solicitation or possession of a controlled substance.

   (b)   The operator shall maintain a current registration card or file on the premises clearly identifying all managers, employees and/or entertainment personnel currently on the premises or employed by the business. The information contained on the registration card shall include at least:

      (1)   Full legal name;

      (2)   All aliases or “stage names;”

      (3)   Date of birth;

      (4)   Race;

      (5)   Color of hair and eyes;

      (6)   Current residence address and phone number;

      (7)   Texas driver’s license number (or Texas identification number);

      (8)   Social Security number;

      (9)   Color photograph of full-face view; and

      (10)   Date of criminal background check.

   (c)   Records.

      (1)   Within five days of employment of an employee, each manager shall send a copy of the criminal background check (with redacted Social Security number) and registration card to the Fort Worth police department.

      (2)   Each manager shall maintain on the premises and make available for inspection upon request by city enforcement personnel the criminal background information and current registration card for all current employees.

      (3)   A manager commits an offense if he or she fails to make the criminal background information or current registration card available for immediate inspection upon request by city enforcement personnel.

   (d)   For the purposes of subsection (b) above, an employee or entertainment personnel commits an offense by:

      (1)   Providing false or deceptive information to the operator; or

      (2)   By failing to timely update and provide to the operator within 14 days any changes in the required information.

(Ord. 16118, § 1, passed 9-14-2004)

   (a)   All operators, managers, employees, entertainment personnel or other persons, including customers shall permit the lawful inspection or enforcement activities of city enforcement personnel on any portion of the premises or of any aspect of the activities being conducted therein.

   (b)   All operators, managers, employees or entertainment personnel shall furnish information or documentation requested by city enforcement personnel pertaining to inspection or law enforcement activities on the premises or of the activities being conducted therein.

   (c)   All operators, managers, employees or entertainment personnel shall maintain any portion of the premises in a manner so as to permit the inspections or enforcement activities by city enforcement personnel.

   (d)   The operator, manager, employee or entertainment personnel shall not knowingly permit or allow any customer access to any area of the premises that has been designated as an area not open to customers as per the floor plan approved by the department of planning and development pursuant to this article.

   (e)   All operators shall maintain a person on the premises while occupied or open for business with the authority and responsibilities as “manager” over all of the business operation, its activities, employees and entertainment personnel. The “operator” and “manager” may be the same person.

   (f)   An operator may not knowingly employ or engage the service of any person under 18 years of age as an employee or entertainment personnel for the sexually oriented business.

   (g)   No customer or patron under the age of 21 of age may enter or remain within the premises of a sexually oriented business while the establishment is open for business and alcoholic beverages are sold or consumed.

   (h)   No person may appear in a “state of nudity” or engage in “specified sexual activities” on any portion of the premises outside the building, which is capable of being viewed from a public street or right-of-way.

   (i)   No operator shall operate or allow the operation of an internal video surveillance system of persons or activity on the premises without prior written approval from the police department. Internal video surveillance systems may be used only to monitor the premises or activity for legitimate security or safety purposes upon prior inspection and receipt of written approval from the police department, which will not be unreasonably withheld. This subsection (i) shall not apply to video projection systems.

   (j)   The operator shall maintain on the premises at all times a current copy of all city ordinances regarding or regulating sexually oriented business activity so as to keep all managers, employees and entertainment personnel duly advised of the applicable city ordinances regarding the sexually oriented business, and its permitted, as well as prohibited activities, so as to minimize prospective violations and offenses on the premises.

(Ord. 16118, § 1, passed 9-14-2004; Ord. 17522, § 5, passed 4-24-2007)

   (a)   No employee, while in state of nudity in a sexually oriented business shall receive directly any pay or gratuity from any patron or customer or allow any patron or customer to pay or give any gratuity directly to any employee while that employee is in a state of nudity in a sexually oriented business other than by means of hand or garter tipping, a tip receptacle or paid as part of the customer’s bill.

   (b)   No manager, owner or operator shall allow any patron or customer to pay or give any gratuity directly to any employee while that employee is in a state of nudity in a sexually oriented business other than by means of hand or garter tipping, a tip receptacle or paid as part of the customer’s bill.

   (c)   All garters shall be located mid-thigh or lower.

(Ord. 16118, § 1, passed 9-14-2004)

   (a)   A sexually oriented business shall not be open to the public or allow customers or patrons to enter or remain within the premises of a sexually oriented business during the following hours:

      (1)   Sunday through Thursday: 2:00 a.m. to 10:00 a.m.; and

      (2)   Friday and Saturday: 3:00 a.m. to 10:00 a.m.; 4:00 a.m. to 10:00 a.m. if the sexually oriented business holds a valid food establishment permit issued by the city health department.

   (b)   Hours of operation may not conflict with any other federal, state or city laws, rules or regulations.

   (c)   This regulation shall not apply to adult motels.

(Ord. 16118, § 1, passed 9-14-2004)

   (a)   Subject to reasonable accommodations for legitimate security measures, including approved internal surveillance video systems, the operator shall maintain the entire premises so as to permit walk-through inspections without interference by city enforcement personnel.

   (b)   The interior of the premises shall be arranged in such a manner that there is an unobstructed view into every area of the premises to which any customer is permitted access for any purpose, excluding restrooms. The operator shall ensure that the ability to view into any area where customers are allowed remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials. This regulation shall not apply to adult motels.

   (c)   If the premises contain two or more separate rooms, the operator shall maintain each room with at least one wall or door equipped with clear windows or openings of at least three feet in width and two feet in height located no less than three feet above the floor but no less than two feet below the ceiling for viewing into the entire area and all activity therein. This regulation shall not apply to adult motels.

   (d)   The operator shall maintain every portion of the premises where customers are permitted access equipped throughout and illuminated at all times with overhead lighting fixtures of sufficient illumination to provide reasonably safe lighting conditions for patrons, employees or city enforcement personnel walking throughout the premises.

   (e)   During hours of darkness when a sexually oriented business is in operation, the operator shall maintain all parking and pedestrian areas of the premises equipped and illuminated by overhead lighting fixtures of sufficient illumination to provide reasonably safe lighting conditions for persons or vehicles traveling into, on and out of the property. Said lighting fixtures shall be directed onto the property as much as is possible so as to avoid being directed onto neighboring properties.

   (f)   The operator shall not utilize or allow restroom or employee dressing rooms to be utilized for sexually oriented business purposes, video equipment or for the offering of any sexually oriented merchandise to customers.

(Ord. 16118, § 1, passed 9-14-2004)

   (a)   No exterior portions of a sexually oriented business shall have flashing lights or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner except to the extent permitted by the provisions of this article.

   (b)   No merchandise or activities of a sexually oriented business shall be visible from any point outside the establishment.

   (c)   (1)   All exterior portions and/or facades, including the roof, that are to be painted shall be a single achromatic color with a single achromatic color trim, both colors consisting of a neutral earth tone color only, however, the trim and the building may be a different neutral earth tone color. Nothing in this section requires the painting of an otherwise unpainted exterior portion of a sexually oriented business. All sexually oriented businesses with a current specialized certificate of occupancy that are in compliance with the regulations of this article and other applicable city codes will have five years from the date of adoption of this ordinance to comply with this subsection (c), however if any portion of the exterior of the building is painted or repainted before this five-year period expires, all portions of the exterior must be painted a single achromatic color with a single achromatic color trim as provided by this subsection (c).

      (2)   This provision shall not apply to an enterprise if the following conditions are met:

         a.   The enterprise is part of a commercial multi-unit center; and

         b.   The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the enterprise, are painted the same color as one another or are painted in such a way as to be component of the overall architectural style or pattern of the commercial multi-center unit.

(Ord. 16118, § 1, passed 9-14-2004)

   (a)   Business requirements for posting sign concerning intent to locate sexually oriented businesses.

      (1)   An applicant for a specialized certificate of occupancy for a location for which a specialized certificate of occupancy has not previously been issued shall post an outdoor sign at the location in compliance with Tex. Local Government Code § 243.0075, as amended, not later than the sixtieth day before submitting the application for a specialized certificate of occupancy to the planning and development department.

      (2)   The sign shall comply with the following requirements:

         a.   The sign must be at least 24 by 36 inches in size;

         b.   All letters must be at least two inches in height and one and one-half inches in width for each letter on the sign;

         c.   The sign shall state that a sexually oriented business is intended to be located on the premises;

         d.   The sign shall provide the name and business address of the owner and operator;

         e.   All required information must be presented in both English and Spanish;

         f.   All required information must read horizontally from left to right; and

         g.   The sign shall be prominently posted such that it is clearly legible from the public right-of-way.

      (3)   The operator of a proposed sexually oriented business shall notify the development services director, by certified mail or hand delivery, when a sign is posted at the intended location of the business in compliance with Tex. Local Government Code § 243.0075, as amended. The notification must be in the form of a sworn statement indicating the location of the sign and the date it was posted and must be received by the development services director within five days after the posting of the sign. If the development services director receives the notification within five days after the sign was posted, the 60-day posting period required by § 243.0075 shall be deemed to begin on the posting date. If the notification is received by the development services director more than five days after the sign was posted, the 60-day posting requirement shall be deemed to begin on the date the development services director verifies the sign has been posted.

      (4)   When a sign is posted at an intended location of a sexually oriented business and the intended location is not in violation of the distance requirements set out in this article on the posting date, the sexually oriented business will qualify as a conforming use with regard to the distance requirements and will not be rendered nonconforming by any location, subsequent to the posting of the sign, of a religious institution, school, public park or residential district within 1,000 feet of the posted location.

      (5)   Subsection (a)(4) above does not apply if:

         a.   A completed application for a specialized certificate of occupancy for a proposed sexually oriented business is not filed with the planning and development department within 20 days after the expiration of the 60-day posting requirement under Tex. Local Government Code § 243.0075, as amended;

         b.   The application for a specialized certificate of occupancy is withdrawn or denied; or

         c.   The notification requirements of subsection (a)(2) above are not met.

   (b)   Signs at each public entrance.

      (1)   The operator shall maintain at least one conspicuous permanently mounted sign, presented in both English and Spanish, at each public entrance, in accordance with the city’s sign codes, of a size of at least 18 inches in height and 24 inches in width, easily visible and legible to all persons prior to entry into the establishment, with all letters at least one-half inch in height and three-quarters of an inch in width for each letter on the sign which contains a statement to the effect:

         “THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH REGULARLY FEATURES [description of the type of activity or merchandise as permitted herein]. IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU, DO NOT COME IN. NO PERSON UNDER 18 YEARS OF AGE ALLOWED ENTRY”

   (c)   Exterior signs.

      (1)   Notwithstanding any provision of the City of Fort Worth code or any other city ordinance, code or regulation to the contrary, the owner or operator of any sexually oriented business or any other person commits an offense if he or she erects, constructs or maintains any on-premises sign for the establishment other than one primary sign and one secondary sign as provided in this section.

      (2)   A primary sign may have no more than two display surfaces. Each display must:

         a.   Not contain any flashing lights;

         b.   Be a flat plane, excluding the lettering; and

         c.   Be rectangular in shape.

      (3)   A secondary sign may have only one display surface. The display surface must:

         a.   Not contain any flashing lights;

         b.   Be a flat plane, excluding the lettering;

         c.   Be rectangular in shape; and

         d.   Be affixed or attached to a wall or door of the establishment.

      (4)   A primary or secondary sign must contain no photographs, silhouettes, drawings or pictorial representations or any manner, and may contain only the name of the establishment; and/or one or more of the following phrases:

         a.   “Adult arcade;”

         b.   “Adult bookstore or adult video store;”

         c.   “Adult cabaret;”

         d.   “Adult motel;”

         e.   “Adult motion picture theater;”

         f.   “Escort agency;”

         g.   “Adult model studio;” and/or

         h.   “Sexual encounter center.”

      (5)   A primary sign for an adult motion picture theater may contain the phrase, “movie titles posted on premises,” in addition to the phrases listed in subsection (d)(4) above.

      (6)   Each letter forming a word on a primary or secondary sign must be of a solid color, and each letter must be the same print-type, size and color. The background behind the lettering on the display surface of a primary or secondary sign must be of a uniform and solid color.

      (7)   Notwithstanding the sign requirements of this article and signs lawfully operating sexually oriented business on September 27, 2004 may continue to be maintained on the premises, until:

         a.   The sign is intentionally removed or destroyed by the owner or operator of the sexually oriented business or abandoned by the owner or operator of the sexually oriented business; or

         b.   The city requires removal, relocation or reconstruction of the sign in accordance with state law.

      (8)   Any sign located on the premises of a commercial multi-unit center containing an enterprise that displays the name or any portion of the name of the enterprise, any name under which any enterprise was formerly operated on the premises, or that contains any of the terms set for the in subsection (c)(4) of this section or any other terminology that is commonly used to identify, or is associated with the presence of a sexually oriented business, shall comply with all restrictions of this section. The intent of this subsection (c)(8) is to prevent the use of signage identifying the commercial multi-tenant center itself from being used as a subterfuge to evade the restrictions on sexually oriented business signs set forth in this section.

(Ord. 16118, § 1, passed 9-14-2004; Ord. 17522, §§ 5, 6, passed 4-24-2007; Ord. 24030-02-2020, § 22, passed 2-4-2020)

   (a)   An employee of an adult entertainment cabaret, while appearing in a state of nudity, commits an offense if he or she touches a customer or clothing of a customer.

   (b)   A customer at an adult entertainment cabaret commits an offense if he or she touches an employee appearing in a state of nudity or the clothing of an employee

   (c)   No person shall appear in a state of nudity in an area of the adult entertainment cabaret in an area of the premises that can be viewed from the public right-of-way.

   (d)   An operator commits an offense if the operator fails to display the signs on the interior of the premises as required by this article.

   (e)   An operator commits an offense if he or she permits any customer access to an area of the premises not visible from the manager’s station or not visible by a walk through of the premises without entering a closed area, excluding a restroom.

(Ord. 16118, § 1, passed 9-14-2004)

   (a)   An escort agency shall not employ any person under the age of 18 years of age.

   (b)   A person commits an offense if he or she acts as an escort or agrees to acts as an escort for any person under 18 years of age.

(Ord. 16118, § 1, passed 9-14-2004)

   (a)   An operator shall not employ any person under the age of 18 years of age for the purposes of acting as an outcall person or providing outcall services for a customer.

   (b)   An operator, manager or employee commits an offense if he or she acts as an outcall person for any customer less than 21 years of age.

(Ord. 16118, § 1, passed 9-14-2004)

   In addition to those offenses set forth in subsection (b) below, citations may be issued for the following.

   (a)   An operator shall not employ any person under the age of 18 years of age for the purpose of acting as a live nude model for customers.

   (b)   A person under 18 years of age commits an offense if he or she appears for customers while in a “state of nudity” or “simulated nudity” on the premises of a nude modeling business. It is a defense to prosecution under this subsection (b) if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.

   (c)   A person commits an offense if he or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises that can be viewed from the public right-of-way.

   (d)   A nude model studio shall not place or permit a bed, sofa or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.

   (e)   A customer at a nude model studio commits an offense if he or she touches an employee who is exposing any specified anatomical areas or touches the clothing of the employee.

   (f)   An operator or an employee of a nude model studio commits an offense if he or she permits any customer access to an area of the premises not visible from the manager’s station or not visible by walk through of the premises without entering a closed area, excluding a restroom.

(Ord. 16118, § 1, passed 9-14-2004)

   (a)   An operator shall not employ any person under the age of 18 years to appear in a “state of nudity” or “simulated nudity” for customers on the premises of an adult theater or adult motion picture theater.

   (b)   A person commits an offense if he or she knowingly allows a person under the age of 18 to appear in a state of nudity in or on the premises of an adult motion picture theater.

   (c)   A person under the age of 18 commits an offense if he or she appears in “a state of nudity” or “simulated nudity” for customers’ on the premises of an adult theater or adult motion picture theater.

   (d)   It is a defense to prosecution under this subsection (d) if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.

(Ord. 16118, § 1, passed 9-14-2004)

   (a)   Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as defined in this article.

   (b)   An operator, manager or the person otherwise in control of a sleeping room in a hotel, motel or similar commercial establishment, commits an offense if he or she rents or subrents a sleeping room to a person and, within ten hours from the time the room is first rented, he or she rents or subrents the same sleeping room again.

(Ord. 16118, § 1, passed 9-14-2004)

   (a)   View from manager’s station.

      (1)   If an adult arcade or adult mini-theater has one manager’s station designated pursuant to this article, then the interior of the adult arcade or adult mini-theater shall be configured in such a manner that there is an unobstructed view of every area of the adult arcade or adult mini-theater to which any patron is permitted access for any purpose from that manager’s station. If an adult arcade or adult mini theater has two of more manager’s stations designated pursuant to this article, then the interior of the adult arcade or adult mini-theater shall be configured in such a manner that there is an unobstructed view of each area of the adult arcade or adult mini-theater to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection (a)(1) must be by direct line of sight from the manager’s station.

      (2)   It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in an adult arcade or adult mini-theatre, to ensure that the view area specified in subsection (a)(1) above remains unobstructed by any merchandise, display racks or other materials at all times that any patron is present in the adult arcade or adult mini-theatre and to ensure that no patron is permitted access to any of the adult arcade or adult mini-theatre which has been designated as an area in which patrons will not be permitted in the plan filed pursuant to this article.

   (b)   Wall penetrations.

      (1)   In addition to any other requirements of this article, no adult arcade or adult mini-theater shall be configured in such a manner as to have any opening in any partition, screen, wall or other barrier that separates viewing areas for arcade devices or adult mini-theater devices from other viewing areas for arcade devices or adult mini-theater devices. This provision shall not apply to conduits or plumbing, heating, air conditioning, ventilation or electrical service, provided that such conduits shall be so screened or otherwise configured as to prevent their use as openings that would permit any portion of a human body to penetrate the wall or barrier separating viewing areas.

      (2)   It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in an adult arcade or adult mini-theatre to ensure that the premises is monitored to assure that no openings are allowed to exist in violation of subsection (b)(1) above and to ensure that no patron is allowed access to any portion of the premises where any opening exists in violation of subsection (b)(1) above until the opening has been repaired.

   (c)   Lighting.

      (1)   Each adult arcade or adult mini-theatre shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot-candle as measured at four feet above the floor level.

      (2)   It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in an adult arcade or adult mini-theatre to ensure that the illumination described in subsection (c)(1) above, is maintained at all times that any patron is present in the adult arcade or adult mini-theatre.

   (d)   Occupancy of booths, rooms and cubicles. Only one individual shall occupy a booth, room or cubicle at any time. No occupant of a booth, room or cubicle shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth.

(Ord. 16118, § 1, passed 9-14-2004)

   (a)   A person commits an offense if, in a business establishment open to person under the age of 17 years, he or she displays a book, pamphlet, newspaper, magazine, film or video cassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following:

      (1)   Human sexual intercourse, masturbation or sodomy;

      (2)   Fondling or other erotic touching of human genitals, buttocks or that portion of the female breast below the top of the areola; or

      (c)   Human male genitals in a discernibly turgid state, whether covered or uncovered.

   (b)   In this section DISPLAY means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:

      (1)   It is a available to the general public for handling and inspection; or

      (2)   The cover or outside packaging on the item is visible to members of the general public.

(Ord. 16118, § 1, passed 9-14-2004)

   Any city enforcement personnel may enforce the provisions of this article. Additionally, the Fort Worth police department may enforce the offenses listed in § 5.204, which occur on the premises of a sexually oriented business at any time the establishment is occupied or open for business.

(Ord. 16118, § 1, passed 9-14-2004)

   Revocation or suspension of any permit shall not prohibit imposition of a criminal penalty and imposition of a criminal penalty shall not prevent revocation or suspension of a permit.

(Ord. 16118, § 1, passed 9-14-2004)

   A person who operates or causes to be operated a sexually oriented business without a valid specialized certificate of occupancy or in violation of this article is subject to a suit for injunction as well as prosecution for criminal violations.

(Ord. 16118, § 1, passed 9-14-2004)

   (a)   Uses. Accessory uses as regulated by this section are uses which are clearly incidental to the use of the principal building/primary structure or the primary use. Accessory uses include permanently installed detached accessory structures such as porches supported by columns, greenhouses, garages (greater than a six foot door), guest houses, studios, carports, private workshops (six-foot door or less), play structures, swimming pools, pool houses, gazebos/cabanas/pergolas, boat docks, outdoor kitchen facilities, riding arena for the personal use of the resident owner, storage buildings, dumpsters (nonresidential) or similar uses. Accessory uses not permitted in residential districts include carports not permanently installed, portable storage containers for permanent use, shipping containers, rail cars and the like. Flagpoles are not considered an accessory use but must meet the height requirement of the zoning district.

   (b)   Utility meters. Accessory structures that connect to utilities such as water, electric and gas must receive service from meters serving the primary structure.

   (c)   Size. Accessory structures shall not be a greater square footage than the primary structure.

   (d)   Placement on platted lots. Accessory structures shall not be constructed or placed on a lot without a primary use or across platted property lines where the primary use does not cross the property line.

   (e)   Not permitted in more restrictive district. Buildings, structures or uses that are accessory to the uses permitted in one district shall not be permitted in a district of a more restrictive classification.

   (f)   Accessory structures not permitted in front yards. No attached or detached accessory structures such as, porches supported by columns, greenhouses, garages, swimming pools or similar uses shall be erected on property within the minimum front yard, established front yard or projected front yard. When the platted front yard or established front yard is less than the minimum required front yard, the setback of the minimum required front yard shall be met.

(Ord. 13896, passed 10-12-1999; Ord. 15927, § 3, passed 3-23-2004; Ord. 20454-10-2012, § 1, passed 10-9-2012)

   (a)   General provisions.

      (1)   Any accessory building added to an existing legal nonconforming one or two-family dwelling shall conform to the district standards applicable to the residential use.

      (2)   Accessory buildings shall comply with the side and rear setbacks for the primary structure of the zoning district applicable to the residential use.

      (3)   The total area covered by all rooftops shall not exceed the maximum lot coverage (percentage) for the district applicable to residential use.

      (4)   Accessory structures attached to a primary structure by a breezeway, covered walkway or other structure whose roofline is not part of the primary structure shall not be considered to be an extension of the primary structure.

      (5)   For purposes of enforcing this section, the “MH” zoning district is considered a residential zoning district.

   (b)   Non-habitable accessory structures.

      (1)   All accessory structures except private garages, private carports or private porte cocheres.

         a.   Allowable square footage.

            1.   Non-habitable accessory buildings shall not exceed the maximum square footage for each residential lot size as depicted in the following table:

 

 

            2.   The maximum square footage limits shown above shall be cumulative of all non-habitable accessory structures for each lot excluding private garages, private carports and private porte cocheres. Private garages, private carports and private porte cocheres shall not be included for the purpose of determining allowable square footage of non-habitable accessory structures on a residential lot.

            3.   The square footage within an attic or loft shall be excluded from the calculation of maximum square footage of a non-habitable accessory building or structure.

         b.   Non-habitable accessory buildings or structures shall be limited to one story, but may have an attic or loft, provided the attic or loft does not contain heated or air-conditioned floor space. The non-habitable accessory structure may not exceed the height of the primary structure.

         c.   All non-habitable accessory structures must be located behind the rear wall of the primary residential structure that is furthest from the street or at least 75 feet from the front of the property line, whichever is the least restrictive.

         d.   Non-habitable accessory structures shall be limited to a height of ten feet. The height of the accessory structure may be increased to a maximum height of 12 feet, provided that, for each additional foot in height over ten feet, the accessory building is set back an additional two feet (2:1) from the rear and side setback requirements of the district applicable to the residential use.

         e.   Temporary portable storage containers and dumpsters may be utilized for a maximum of 30 days unless associated with an unexpired building permit, which may be allowed up to 180 days or the duration of the building permit, whichever is less. One such container per building permit may be allowed per address for each year. These units must be placed only on a permanently paved driving or parking surface if in the front yard of a single-family or two-family home and may not encroach into the street right-of-way.

      (2)   Private garages, private carports or private porte cocheres.

         a.   Non-habitable accessory buildings or structures shall be limited to one story, may have an attic or loft provided the attic or loft does not contain heated or air conditioned floor space. The non-habitable accessory structure may not exceed the height of the primary residence.

         b.   No more than one garage and one carport or porte cochere per residential unit on a single residential lot shall be permitted on lots less than one-half acre. Additional garages or porte cocheres may be permitted provided the garages and porte cocheres are:

            1.   An integral part of the primary residential structure;

            2.   Have the same roofline as the primary residential structure; and

            3.   Share a driveway and/or motor court as the primary residential structure.

         c.   On lots one-half acre or larger, two garages and one carport or porte cochere per residential unit on a single residential lot shall be permitted.

         d.   Private carports and private porte cocheres in rear setbacks.

            1.   The rear yard setback for a private carport or private porte cocheres in one-family districts with a lot size of 7,500 square feet or less shall be one and one-half feet when the following conditions are met:

               i.   The maximum square footage of the carport or porte cochere is not greater than 400 square feet;

               ii.   The maximum height of the plate of the carport or porte cochere is no higher than the plate height of the first floor of the main residential structure; and

               iii.   The roof pitch of the carport or porte cocheres is no steeper than the predominate roof pitch of the main residential structure.

            2.   Private carports and private porte cocheres in side yard setbacks. The side yard setback for a private carport or private porte cochere in one-family districts with a lot size of 7,500 square feet or less shall be one and one-half feet when the following conditions are met:

               i.   The maximum total square footage of the carport or porte cochere is not greater than 200 square feet;

               ii.   The maximum height of the plate of the carport or porte cochere is no higher than the plate height of the first floor of the main residential structure; and

               iii.   The roof pitch of the carport or porte cochere is no steeper than the dominate roof pitch of the main residential structure.

            3.   Private carports and private porte cocheres in front yard setbacks. No private carport or porte cochere shall be permitted within the minimum required front yard, platted front yard or projected front yard of residential dwellings except by special exception granted by the board of adjustment in accordance with the use tables in Chapter 4, Article 6. In reviewing a request for a private carport or porte cochere within the minimum required front yard, platted front yard or projected front yard, the board of adjustment shall consider the following:

               i.   The presence and/or absence of a functional garage on the residential lot, parcel or tract;

               ii.   The viability of access to the side and rear yard;

               iii.   The size, height and design of the carport or porte cochere and its impact on adjacent properties; and

               iv.   The incidence of other carports or porte cocheres on the block face.

   (c)   Habitable accessory structures. In addition to the requirements set out in subsection (a) above, habitable accessory buildings must comply with the following requirements:

      (1)   Must meet all applicable City of Fort Worth building code for habitable structures;

      (2)   May not exceed the height of the primary; and

      (3)   May be used only as an accessory dwelling unit and may not be used as a separate independent residence for one-family districts.

(Ord. 15406, § 2, passed 1-14-2003; Ord. 15830, § 2, passed 1-13-2004; Ord. 15927, § 1, passed 3-23-2004; Ord. 20454-10-2012, § 2, passed 10-9-2012)

   (a)   General provisions. Accessory storage structures shall comply with the side and rear setbacks for the primary structure of the applicable zoning district.

   (b)   Non-habitable accessory uses.

      (1)   All non-habitable accessory uses must be located behind the front wall of the primary structure that is furthest from the street.

      (2)   If adjacent to a residential district, the height of the accessory structure shall be limited to a height of ten feet. The height of the accessory structures shall be measured from the ground to the highest point of the structure. The height of the structure may be increased to a maximum height of 12 feet, provided that, for each one foot in height over ten feet, the accessory structure is set back an additional two feet (2:1 ratio) from the rear and side yard setback requirements in the district applicable to the nonresidential use.

      (3)   Refuse dumpsters and recycling collection containers shall be installed on concrete pads and be screened on all sides from view of a public street or residential area.

      (4)   Storage containers must not be placed on required parking spaces, and must be located behind the primary structure on street frontages.

      (5)   Structures intended as a display of inventory for sale are not regulated by this section.

      (6)   Job trailers/offices are allowed for construction personnel as part of a building permit and tied to the building permit for the duration of the job.

         a.   Two or more trailers must be spaced a minimum of ten feet apart. A deck may be installed to connect multiple trailers.

         b.   If the trailer is located off the job site, the following applies:

            1.   Must be in “E” Neighborhood Commercial or less restrictive zoning district;

            2.   The office must have a dust free parking surface;

            3.   Landscaping and a screening fence/bufferyard is not required; and

            4.   One sign is permitted indicating the nature of construction.

   (c)   Habitable accessory uses; security residence. One residence may be permitted as an accessory use in nonresidential districts when part of a business for security purposes. A structure classified as a security residence is not intended to serve as a rental unit independent of the business. A temporary structure, such as a mobile home or RV is not permitted as a permanent security residence.

(Ord. 13896, passed 10-12-1999; Ord. 15406, § 3, passed 1-14-2003; Ord. 20454-10-2012, § 3, passed 10-9-2012)

   (a)   Fences required. Fences are required as follows.

      (1)   Screening fences shall be provided in the “IP” industrial park district in accordance with § 4.1104(b)(14) and (e).

      (2)   Inoperable automobiles upon which repairs are to be conducted in connection with automotive repair or paint and body shop shall be enclosed by a screening fence in accordance with § 5.104.

      (3)   Parking areas for bed and breakfast homes shall be screened from view of adjacent residences by a solid screening fence or dense shrubs and vegetation in accordance with § 5.106.

      (4)   Parking areas for bed and breakfast inns shall be screened from view of adjacent residences by a screening fence or dense shrubs and vegetation in accordance with § 5.107.

      (5)   Self-service and full-service car washes shall have a screening fence or wall along any property line abutting a residential district in accordance with § 5.108.

      (6)   Outdoor play areas for day cares shall be enclosed by a fence or wall in accordance with § 5.111.

      (7)   Newspaper distribution centers shall be screened from adjacent residential districts or properties with a screening fence in accordance with § 5.124.

      (8)   Permanent outdoor display, sales and storage areas and rear storage areas for large retail stores shall be enclosed by a fence in accordance with § 5.134(a)(9).

      (9)   Telecommunications towers and support facilities shall be surrounded by a security fence in accordance with § 5.137.

      (10)   Motor vehicle junk yards or used automobile junk areas in an “I” light industrial, “J” medium industrial or “K” heavy industrial district shall be enclosed by a screening fence in accordance with § 5.141.

      (11)   Certain dish satellite antennas shall be enclosed by a screening fence.

      (12)   Off-site auxiliary parking lots shall have a screening fence and bufferyard on all sides adjacent to a residential district in accordance with § 6.202.

      (13)   A screening fence shall be constructed between one- or two-family residential districts and adjacent nonresidential districts in accordance with § 6.300.

      (14)   Refuse handling facilities, mechanical equipment, loading docks and truck berths shall be screened in accordance with § 6.301(d), which may include an opaque wall or wooden screening fence.

      (15)   A screening fence shall be constructed on property lines of multifamily residential developments adjacent to a one- or two-family residential district in accordance with §§ 4.710, 4.711, and 4.712.

      (16)   Vehicles stored overnight for repair at automotive repair, paint and body shops shall be stored in an enclosed building, enclosed by a minimum six foot solid screen evergreen hedge or enclosed by a minimum six-foot screening fence in accordance with § 5.104.

      (17)   Vehicles that have been accepted for repairs by automotive repair, paint and body shops must be screened from view behind a six-foot solid screening fence or six-foot solid screen evergreen hedge in accordance with § 5.104 if the automotive repair, paint and body shop is:

         a.   Adjacent to any one or two-family residential use; or

         b.   Within 200 feet from any one or two-family residential use.

      (18)   a.   Any property (except when located in a mixed use district) that is platted into three lots or more for one- or two-family development where the side or rear yard are adjacent to an arterial street as defined by the city master thoroughfare plan, shall be required to provide a minimum six-foot wall of brick, stone, masonry, decorative cast concrete, wrought iron, tubular steel, durable composite board with top and bottom rails, or other material with a projected life expectancy of 25 years or more along the entire length of each property. Masonry columns shall be provided not greater than ten feet on center. All fence posts must be placed at a depth of at least 24 inches into the ground, filled and anchored with concrete footers or encasement. A horizontal relief of the same height shall be placed parallel to the arterial street at intervals not greater than 500 feet with a minimum off-set of three feet in depth by 50 feet in length. The off-set section shall be wrought iron type fence design or other such material as approved by the director of planning and development, as referenced in subsection (c)(1) below. Required fences may also be located within an easement dedicated to a home owners association (HOA) or pubic improvement district (PID), or, a designated lot of not less than five feet wide along the rear or side property line of the residential lots adjacent to the arterial street right-of-way under the control of an HOA or PID. No building permit shall be issued for lots required to provide a masonry screen fence under this section until a building permit has been provided for the fence.

         b.   Replacement of a portion of a fence shall match the existing fence material and design.

   (b)   Height and front yard regulations.

      (1)   No fence or wall shall be erected within the minimum required front yard, platted front yard or projected front yard except as provided in subsection (b)(2) below for one-family and two-family residential dwellings, subsection (b)(3) below for multifamily developments, subsection (b)(4) below, for utility facilities, subsection (b)(5) below for automobile repair and body shops and § 6.101(e) for through lots.

      (2)   One-family and two-family residential dwellings.

         a.   Up to four-foot open design fence consisting of wrought-iron, tubular steel, picket or a similar type material designed for fencing (excluding chain link) that does not obscure visibility and is no greater than 50% in density may be erected on property within the minimum required front yard, platted front yard, established front yard or projected front yard of one-family and two-family residential dwellings.

         b.   No solid fences and walls are permitted in the required front yard, projected front yard or platted front yard of one-family and two-family residential dwellings. The board of adjustment may grant a special exception to allow a solid fence or wall up to four feet in height in the front yard, platted front yard or projected front yard in accordance with the requirements set forth for special exceptions in Chapter 3, Article 3.

         c.   Up to a five-foot open design fence consisting of wrought-iron, tubular steel, picket or a similar type material designed for fencing (excluding chain link) that does not obscure visibility and is no greater than 50% in density may be permitted within the minimum required front yard, platted front yard or projected front yard of one-family and two-family residential dwellings as a special exception by the board of adjustment provided the following conditions are met:

            1.   The fence will be compatible with the existing use and permitted development of the adjacent properties; and

            2.   The applicant obtains the consent of the property owners of the properties adjacent to the applicant’s property and the property owners of the property located directly across the street from the applicant’s property.

         d.   Fence designs may include columns to a maximum height of five feet, six inches.

      (3)   (Reserved.)

      (4)   Up to an eight-foot open design fence consisting of wrought-iron, tubular steel, picket or a similar type material designed for fencing (excluding chain link) that does not obscure visibility and is no greater than 50% in density (excluding chain link) may be erected around utility facilities within the minimum required front yard, platted front yard or projected front yard.

      (5)   Fences required under § 5.104 for automotive repair and body shops may be erected within the minimum required front yard, platted front yard or projected front yard. For newly constructed automotive repair and body shops located in the “MU-2” district, exterior security fences and gates 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.

      (6)   Screening walls or fences in excess of four feet shall be allowed in any front yard that is, in effect, the rear yard on a through lot adjacent to an existing or proposed arterial street. If the platted front yard or established front yard is less than the maximum required front yard, the setback of the minimum required front yard shall be met.

      (7)   No fence over eight feet in height surrounding residential property shall be allowed behind the front building setback line.

      (8)   No fence exceeding two feet in height shall be permitted on a corner lot within or along a triangle formed by measuring 20 feet in each direction from the point of corner of the property line at the street intersection. This area is also known as a public open space easement (P.O.S.E.).

      (9)   The height of any fence shall be measured from the highest adjacent grade parallel to the fence to the highest point of the fence or any gates.

   Fence Height

   (c)   Screening fence specifications. All screening fences required by this ordinance shall be constructed in accordance with the following specifications.

      (1)   Screening fences shall be constructed of wood, brick, stone or reinforced concrete products. The development services director or his or her designee may approve other materials provided the material is expressly designed for fence installation and is resistant to sunlight and moisture.

      (2)   The following construction specifications shall apply to required screening fences over six feet in height.

         a.   Concrete fences.

            1.   Shall be designed by an engineer licensed by the State of Texas;

            2.   Shall be either poured in place or lift slab construction; and

            3.   Shall be properly engineered to withstand wind load, special load conditions and site drainage.

         b.   Wood fences.

            1.   Metal posts shall be used for the vertical fence supports. The posts shall be set in concrete at least three feet into the ground;

            2.   Boards used in the construction shall be spruce, cedar, redwood or other durable decay-resistant construction. The lumber grade of boards shall be “select,” #1 or equal. Boards should be spaced one-eighth-inch apart and shall face the residential district, unless the majority of the residents whose property faces the fence request that the finished side face the adjacent commercial or industrial property. The finished sides of all fences constructed adjacent to a freeway or arterial street shown on the master thoroughfare plan shall face the right-of-way; and

            3.   Wood fences using the stockade/picket/slat style fence shall be prohibited.

         c.   Masonry fences.

            1.   Masonry fences shall be brick, stone or block;

            2.   Brick fences shall be of exterior grade brick; and

            3.   Block fences shall be Grade N, Type I.

   (d)   Specifications for other required fences. Fences required to be constructed pursuant to the zoning ordinance, other than required screening fences, shall be constructed of materials allowed for screening fences pursuant to subsection (c)(1) above or from wrought iron, tubular steel or chain link. Wood, concrete and masonry fences over six feet in height shall be constructed in accordance with the construction requirements set out in subsection (c)(2) above. The finished sides of all fences constructed adjacent to a freeway or arterial street shown on the master thoroughfare plan shall face the right-of-way.

   (e)   Specifications for all other fences adjacent to freeway or arterial street. Except for screening fences and other required fences, which shall comply with subsections (c) and (d) above, fences that are constructed adjacent to a freeway or arterial street shown on the master thoroughfare plan shall be constructed of wood, brick, stone, reinforced concrete products, masonry, wrought iron, tubular steel or chain link. In addition, the development services director or his or her designee may approve other materials provided the material is expressly designed for fence installation and is resistant to sunlight and moisture. The finished sides of all fences constructed adjacent to a freeway or arterial street shown on the master thoroughfare plan shall face the right-of-way.

   (f)   Maintenance. Maintenance requirements for fences are contained in the minimum building standards code, § 7-87(r) of the city code. The maintenance requirements are set out below for information purposes only. Violation of any of the following requirements shall be a violation of the minimum building standards code, but not a violation of the zoning ordinance.

      (1)   Fences, retaining walls, decorative walls and barriers shall be maintained in good condition, and shall not be out of vertical alignment by more than 18 degrees, unless designed as such.

      (2)   Rotted, fire damaged or broken wooden slats and support posts shall be repaired or replaced.

      (3)   Broken or severely bent metal posts or torn, cut or ripped metal fencing materials shall be repaired or replaced.

      (4)   Loose brick, stone, rock, mortar or similar materials on masonry walls and barriers shall be rebonded or similarly repaired.

      (5)   The above requirements shall not prohibit a fence, retaining wall, decorative wall or barrier from being removed if it is not otherwise required by law.

      (6)   The above requirements shall only apply to a fence, retaining wall, decorative wall or barrier adjacent to a public right-of-way.

   (g)   Indemnification. Where a fence is to be placed in an easement containing underground utilities, the owner or occupant shall sign a release indemnifying the city from any damages for removal of the fence and damage to the fence as a result of the need to repair or replace said utilities.

(Ord. 13896, passed 10-12-1999; Ord. 14624, § 6, passed 5-15-2001; Ord. 14713, §§ 1, 2, passed 7-17-2001; Ord. 14911, § 3, passed 12-18-2001; Ord. 15166, § 2, passed 7-23-2002; Ord. 15406, § 3, passed 1-14-2003; Ord. 15827, § 2, passed 1-13-2004; Ord. 15978, § 1, passed 5-11-2004; Ord. 16330, § 11, passed 3-8-2005; Ord. 16521, § 6, passed 7-19-2005; Ord. 16651-10-2005, § 2, passed 10-11-2005; Ord. 17025, § 1, passed 6-20-2006; Ord. 17522, § 6, passed 4-24-2007; Ord. 23495-12-2018, § 5, passed 12-4-2018; Ord. 23738-08-2019, § 1, passed 8-6-2019, eff. 9-8-2019; Ord. 24030-02-2020, § 22, passed 2-4-2020; Ord. 27545-03-2025, § 5, passed 3-11-2025, eff. 5-30-2025)

   Accessory buildings and uses customarily incident to any commercial use (including air conditioning, ice and refrigerating plants purely incidental to a main activity permitted on the premises) are permitted subject to the following conditions. No use or accessory use shall be construed to permit the keeping of articles, material or merchandise in the open or on the outside of the building except as follows:

   (a)   Items permitted in “E” through “H” districts. The following items may be displayed and/or stored year-round outside the main building subject to the conditions contained in this section, provided, however, general merchandise stores and home improvement stores are permitted to have outdoor storage, display and sales in accordance with § 5.134(a)(9):

      (1)   Bagged grass seed;

      (2)   Bagged fertilizer;

      (3)   Bagged mulch;

      (4)   Bagged bark chips;

      (5)   Bagged play sand;

      (6)   Bagged potting soil;

      (7)   Bundled firewood;

      (8)   Living plants; and

      (9)   A maximum of ten portable boxes, bins or other such containers, not to exceed 96-gallon capacity each, for the purpose of collecting aluminum cans, glass, grocery bags or plastic bottles.

   (b)   General conditions. Outside storage and/or display of the above listed items is subject to strict compliance with the following conditions.

      (1)   No merchandising, nor the storage or stacking of such merchandise may exceed four feet in height (except Christmas trees displayed in vertical position).

      (2)   No merchandise may extend more than five feet from the front wall of the building except holiday sales items and temporary sales as set out in subsections (c) and (d) below.

      (3)   A four-foot wide unobstructed walkway must be provided between the curb, fire lane, maneuvering aisle or parking space and any stored and/or displayed merchandise.

      (4)   No stored merchandise, goods or products may be situated such that visibility of motor vehicle traffic lanes is obstructed.

      (5)   No area used for the outside storage or display of merchandise shall be located within 25 feet of the rear or side of any residentially used property.

      (6)   No area designated for required off-street parking may be used for outside storage or display of merchandise (except holiday sales items).

      (7)   All city fire, building and other codes shall be strictly complied with.

   (c)   Special conditions for holiday sales permitted in “E” through “H” districts. Outside storage and/or display of holiday sales items, such as cut trees, pumpkins and cut flowers are subject to strict compliance with the following conditions.

      (1)   Cut trees and pumpkins may be displayed for up to 30 days preceding and including the holiday but must be removed the day immediately following the holiday.

      (2)   All other merchandise may be displayed for no more than ten days preceding a holiday and must be removed the day immediately following the holiday.

      (3)   Display area may not exceed 30% of the on-premises off-street parking.

      (4)   If a tent is to be erected in conjunction with the sale, a permit from the fire department is required.

   (d)   Special conditions for temporary outdoor tent sales permitted in “E” through “H” districts. Outside storage and/or display of new, retail merchandise for temporary tent sales are subject to strict compliance with the following conditions.

      (1)   A permit from the fire department is required to erect a tent.

      (2)   Sales may last for no more than ten consecutive days and are limited to two per business per year.

      (3)   Display area may not exceed 30% of the on-premises off-street parking.

(Ord. 13896, passed 10-12-1999; Ord. 14331, § 6, passed 9-5-2000; Ord. 15406, § 3, passed 1-14-2003; Ord. 17907, § 1, passed 12-4-2007)

   (a)   General.