Chapter 3 Review Procedures

Article 1. General

3.100 Building Permits

All applications for building permits shall be accompanied by a drawing or plat, in duplicate, showing the lot plan, the location of the building on the lot, accurate dimensions of building and lot and such other information as may be necessary to provide for the enforcement of these regulations. A record of the original copy of such applications and plats shall be kept in the Planning and Development Department and the duplicate copy shall be at the building at all times during construction.


3.101 Certificate of Occupancy

No vacant land shall be occupied or used, except for agricultural uses, and no building hereafter erected, reconstructed, altered or enlarged shall be occupied or used until a Certificate of Occupancy shall have been issued by the Planning and Development Department in accordance with the Building Code.


Article 2. Ordinance Interpretation

3.200 Request for Interpretation

A request for official interpretation of this Zoning Ordinance shall be filed with the Board of Adjustment in accordance with the Board of Adjustment’s established rules of procedure.

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3.201 Fee Required

Every request shall be accompanied by the appropriate filing fee as provided in the Schedule of Fees and Charges contained in Chapter 25 of the City Code. No fee shall be charged for requests filed upon recommendation of the Zoning Commission, Plan Commission, Board of Adjustment or City Council.

3.202 Notice

  1. Written Notice
    Written notice of all appeals seeking an interpretation of the Zoning Ordinance concerning a specific property shall be given to owners of real property lying within 300 feet of the subject property.  Such notice shall be given not less than ten days before the date set for the hearing to all such owners who have rendered their property for City taxes, as the ownership appears on the last approved City Tax Roll.  Such notice may be served by depositing the same, properly addressed and postage paid, in the United States Mail. When property lying within 300 feet of the subject property is located in territory which was annexed to the City after the final date for making the renditions which are included on the last approved City Tax Roll, at least 15 days notice of the time and place of the public hearing shall be published in an official newspaper or a paper of general circulation in the City.
  2. Published Notice
    Public notice of all appeals seeking an interpretation of the Zoning Ordinance, which interpretation would apply throughout the City, shall be given by means of a legal advertisement appearing in the official newspaper or a paper of general circulation not less than ten days before the hearing. The notice shall identify the applicant, the nature of the question, and the affected provisions of the Zoning Ordinance.

3.203 Board of Adjustment Action

  1. Interpretation Procedure
    In making an interpretation of this Zoning Ordinance, the Board of Adjustment shall:
    1. Review and evaluate the request in light of the text of this Zoning Ordinance, the official zoning maps, the comprehensive plan and any other relevant information;
    2. Consult with City staff, as necessary; and
    3. Render a decision.
  2. Guidelines for Future Action
    In reaching its decision, the Board of Adjustment shall establish firm guidelines for future administrative actions on like matters.

3.204 Appeal

Any person aggrieved by any decision of the Board of Adjustment may present to a court   of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of such illegality.  The petition shall be presented to the court within ten days after the filing of the decision in the Planning and Development Department in accordance with the procedures in Section 211.011, Texas Local Government Code, as amended.



Article 3. Special Exceptions

3.300 Application Required

Every proposal for special exception review shall be filed with the Board of Adjustment, in accordance with the Board of Adjustment’s established rules of procedure. An application may be filed by the owner of property or an authorized agent, or by the Planning and Development Department upon recommendation of the Zoning Commission, Plan Commission, Board of Adjustment or City Council.

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3.301 Fee Required

Every application shall be accompanied by the appropriate filing fee as provided in the Schedule of Fees and Charges contained in Chapter 25 of the City Code. No fee shall be charged for special exception review applications filed upon recommendation of the Zoning Commission, Plan Commission, Board of Adjustment or City Council.

3.302 Notice

  1. Written Notice
    Written notice of all public hearings before the Board of Adjustment on proposed special exceptions shall be sent to owners of real property lying within 300 feet of the subject property. Such notice shall be given not less than ten days before the date set for hearing to all such owners who have rendered their property for City taxes, as the ownership appears on the last approved City Tax Roll.  Such notice may be served by depositing the same, properly addressed and postage paid, in the United States Mail. When property lying within 300 feet of the subject property is located in territory which was annexed to the City after the final date for making the renditions which are included on the last approved City Tax Roll, at least 15 days notice of the time and place of the public hearing shall be published in an official newspaper or a paper of general circulation in the City.
  2. Posted Notice
    1. The City Manager or a designee shall direct the erection of at least one sign upon the premises upon which a special exception use has been requested. Where possible such sign or signs shall be located in a conspicuous place or places upon such property at a point or points nearest any right-of-way, street, roadway or public thoroughfare adjacent to such property. 
    2. Such sign(s) shall be so erected not less than ten days before the date set for the public hearing before the Board of Adjustment. Any such sign(s) shall be removed subsequent to final action by the Board of Adjustment on the special exception application. 
    3. Such sign(s) shall substantially indicate that a special exception use has been requested and shall further set forth that additional information can be acquired by telephoning the number indicated thereon. 
    4. The erection and/or the continued maintenance of any such sign shall not be deemed a condition precedent to the holding of any public hearing or to any official action concerning such special exception use.

3.303 Board of Adjustment Action

In taking action on an application for special exception, the Board of Adjustment shall grant the application only when the Board determines that:
  1. The use is specifically permitted under this Ordinance; and
  2. The location of proposed activities and improvements is clearly defined on the site plan by the applicant; and
  3. The exception will be wholly compatible with the existing use and permitted development of adjacent properties either as filed, or subject to such requirements as the Board finds necessary to protect and maintain the stability of adjacent properties.
The burden of proof regarding all conditions is on the applicant. Any site or floor plan will become part of the approval of the special exception.

3.304 Appeal

Any person aggrieved by any decision of the Board of Adjustment may present to a court of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of such illegality.  The petition shall be presented to the court within ten days after the filing of the decision in the Planning and Development Department in accordance with the procedures in Section 211.011, Texas Local Government Code, as amended.

3.305 Limitation on Reapplication

When a proposal is denied by the Board of Adjustment or when the applicant has withdrawn a proposal after the giving of public notice, no new applications of like nature shall be accepted by the City or scheduled for a hearing by the Board of Adjustment within a period of 24 months of the date of denial or withdrawal unless the proposal is denied without prejudice; provided, however, on receipt of written request by the original applicant describing substantially changed conditions in the community since prior consideration of the proposal so as to justify an earlier review of this matter, the mandatory delay period may be waived and a new application accepted.



Article 4. Variances

3.400 Application Required

  1. Every application for a variance, other than those addressed in subsection B. below, shall be filed with the Board of Adjustment, in accordance with the Board of Adjustment’s established rules of procedure. An application may be filed by the owner of property or an authorized agent, or by the Planning and Development Department upon recommendation of the Zoning Commission, Plan Commission, Board of Adjustment or City Council.
  2. The Director of Planning and Development, or a designee, may approve requests to vary from the standards of this Zoning Ordinance provided the requests are the lesser of ten percent (10%) of the applicable specification or one linear foot/one square foot.

3.401 Fee Required

Every application shall be accompanied by the appropriate filing fee as provided in the Schedule of Fees and Charges contained in Chapter 25 of the City Code. No fee shall be charged for variance applications filed upon recommendation of the Zoning Commission, Plan Commission, Board of Adjustment or City Council.

3.402 Notice

Written notice of all public hearings before the Board of Adjustment on proposed variances shall be sent to owners of real property lying within 300 feet of the subject property. Such notice shall be given not less than ten days before the date set for hearing to all such owners who have rendered their said property for City taxes, as the ownership appears on the last approved City Tax Roll.  Such notice may be served by depositing the same, properly addressed and postage paid, in the United States Mail. When property lying within 300 feet of the subject property is located in territory which was annexed to the City after the final date for making the renditions which are included on the last approved City Tax Roll, at least 15 days notice of the time and place of the public hearing shall be published in an official newspaper or a paper of general circulation in the City.  See ‘4.305 Uses’ B.1 for additional notice requirements for halfway houses.

3.403 Board of Adjustment Action

In taking action on an application for a variance, the Board of Adjustment shall grant the application only when the Board determines that:
  1. Literal enforcement of the regulations in this Zoning Ordinance will create an unnecessary hardship or practical difficulty in the development of the affected property; and
  2. The situation causing the hardship or difficulty is unique to the affected property; and
  3. The situation or hardship is not self-imposed; and
  4. The relief sought will not injure the existing or permitted use of adjacent conforming property; and
  5. The granting of a variance will be in harmony with the spirit and purposes of this Zoning Ordinance.

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3.404 Expiration of Variance

A variance shall expire and have no further effect 180 days after the Board of Adjustment approval, or at such alternative time as specified in the approval, unless:
  1. A building permit has been issued; or
  2. A Certificate of Occupancy has been issued; or
  3. The Planning and Development Director grants a one-time extension for a maximum of 180 days upon written request of the applicant prior to the original expiration date.
Any variance granted by the Board of Adjustment shall terminate automatically when the period of use specified in the Board of Adjustment’s order has expired, or when the use ceases to be in full compliance with any condition imposed by the Board of Adjustment.

3.405 Appeal

Any person aggrieved by any decision of the Board of Adjustment may present to a court of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of such illegality.  The petition shall be presented to the court within ten days after the filing of the decision in the office of the Board of Adjustment in accordance with the procedures in Section 211.011, Texas Local Government Code, as amended.

3.406 Limitation on Reapplication

  1. When a proposal is denied by the Board of Adjustment or when the applicant has withdrawn a proposal after the giving of public notice, no new applications of like nature shall be accepted by the city or scheduled for a hearing by the Board of Adjustment within a period of 24 months of the date of denial or withdrawal unless the proposal is denied without prejudice; provided, however, on receipt of written request by the original applicant describing substantially changed conditions in the community since prior consideration of the proposal so as to justify an earlier review of this matter, the mandatory delay period may be waived and a new application accepted.  When a decision of the Board of Adjustment is appealed to a district or county court, no new applications of like nature will be accepted by the city or scheduled for a hearing until the court renders its final decision.
  2. When the district or county court affirms the decision of the Board of Adjustment to deny a variance proposal, no new applications of like nature shall be accepted by the city or scheduled for a hearing unless there is substantial change in conditions in the community since the decision of the Board of Adjustment so as to justify accepting a new application.


Article 5. Text or map amendment (Rezoning)

3.500 Application Required

Every proposal to amend, supplement or change the regulations or restrictions of this Ordinance, or the boundaries of the zoning districts, shall be filed with the Zoning Commission, in accordance with the Zoning Commission’s established rules of procedure. An application may be filed by the owner of property or an authorized agent, or by the Planning and Development Department upon recommendation of the Zoning Commission, Plan Commission, Board of Adjustment or City Council.

3.501 Fee Required

Every application shall be accompanied by the appropriate filing fee as provided in the Schedule of Fees and Charges contained in Chapter 25 of the City Code. No fee shall be charged for proposals filed upon recommendation of the Zoning Commission, Plan Commission, Board of Adjustment or City Council.

3.502 Notice

  1. Written Notice
    Written notice of all public hearings before the Zoning Commission on proposed changes in zoning classification shall be sent to owners of real property lying within 300 feet of the property upon which the change in classification is proposed, such notice to be given not less than ten days before the date set for hearing to all such owners who have rendered their said property for City taxes, as the ownership appears on the last approved City Tax Roll.  Such notice may be served by depositing the same, properly addressed and postage paid, in the United States Mail. When property lying within 300 feet of the property proposed to be changed is located in territory which was annexed to the City after the final date for making the renditions which are included on the last approved City Tax Roll, at least 15 days notice of the time and place of the public hearing shall be published in an official newspaper or a paper of general circulation in the City.  See ‘4.305 Uses’ for editorial notice requirements for halfway houses.
  2. Posted Notice
    1. The City Manager or a designee shall direct the erection of at least one sign upon each property proposed to be rezoned.  Where possible, such sign or signs shall be located in a conspicuous place or places upon such property at a point or points nearest any right-of-way, street, roadway or public thoroughfare adjacent to such property. 
    2. Such sign(s) shall be so erected not less than ten days before the date set for public hearing before the Zoning Commission.  Any such sign or signs shall be removed subsequent to the occurrence of either final action by the City Council or withdrawal of the application for amendment. 
    3. Such sign(s) shall substantially indicate that a zoning amendment is proposed and shall further set forth that additional information can be acquired by telephoning the number indicated thereon. 
    4. The erection and/or the continued maintenance of any such sign(s) shall not be deemed a condition precedent to the holding of any public hearing, to the recommendation concerning or adoption of any proposed zoning amendment or to any other official action concerning any such amendment.
  3. Published Notice
    Notice of a public hearing before the City Council shall be given by publication one time in the official newspaper or a paper of general circulation in the municipality at least 15 days before the time of the hearing.  See ‘4.305 Uses’ for additional requirements for halfway houses.

3.503 Zoning Commission Public Hearing and Recommendation

The Zoning Commission shall hold public hearings on all properly filed proposals. After closing of the public hearing on a proposal, the Zoning Commission shall transmit to the City Council its recommendation on said proposal.

3.504 City Council Hearing and Action

  1. Zoning Commission Recommendation and Council Hearing.
    Every proposal to amend a zoning boundary which is recommended for approval or denial by the Zoning Commission and every proposed amendment to the regulations of this ordinance shall be forwarded to the City Council for a public hearing as required by state law.  No change, however, shall become effective until after the adoption of an ordinance and its publication as required by law.


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  2. City Council Action. 
    Upon receipt of the final report and recommendation of the Zoning Commission, the City Council may:
    1. Approve the application;
    2. Deny the application with prejudice;
    3. Deny the application without prejudice as to re-filing upon showing that unnecessary hardship will otherwise result and that the intent and spirit of the ordinance will be observed; or
    4. Refer the original proposal to the Zoning Commission for a new hearing, report and recommendation.
  3. Proposal Recommended for Denial
    Upon receipt of the final report and recommendation of the Zoning Commission, the City Council may;
    1. Approve the application;
    2. Deny the application with prejudice;
    3. Deny the application without prejudice as to re-filing upon showing that unnecessary hardship will otherwise result and that the intent and spirit of the ordinance will be observed; or
    4. Refer the original proposal to the Zoning Commission for a new hearing, report and recommendation.

3.505 Limitation on Reapplication

When a proposal is denied by the City Council or when the applicant has withdrawn a proposal after the giving of public notice, no new applications of like nature shall be accepted by the City or scheduled for a hearing by the Zoning Commission within a period of 12 months of the date of denial or withdrawal unless the proposal is denied without prejudice; provided, however, on receipt of written request by the original applicant describing substantially changed conditions in the community since the prior consideration of the proposal so as to justify an earlier review of this matter, the City Council may waive the mandatory delay period and authorize the acceptance of the new application.

3.506 City Plan Commission Review for Effectiveness

The City Plan Commission shall regularly review the effectiveness of this Zoning Ordinance in accomplishing the objectives of the city plan.  When the City Plan Commission finds that the development of an area is contrary to or inconsistent with the planning objectives for that area, or that the frequency of requests indicates a need for broad scale changes, the City Plan Commission shall advise the Zoning Commission of its conclusions thereon and may file a proposal to amend, supplement or change the regulations and the districts on behalf of the community at large.  The report of the City  Plan Commission shall be included with the Zoning Commission report to the City Council.  Upon annexation of territory to the City of Fort Worth, the City Plan Commission shall prepare a report recommending the locations and types of districts to be established in said territory, and shall file a copy of said report with the City Council and with the Zoning Commission for public hearing thereon.

Article 6. Other Review Procedures

3.600 Designation of "PD", "CD", "HSE", "HC" and "DD" Districts

  1. For designation of Planned Development (“PD”) Districts, see Chapter 4 ‘District Regulations’, Article 3.
  2. For designation of Conservation (“CD”) Districts, see Chapter 4 ‘District Regulations’, Article 4.
  3. For designation of Historic Preservation Overlay Districts (“HSE”, “HC”, “DD”), see Chapter 4 ‘District Regulations’, Article 5.