Fort Worth Zoning Ordinance

Chapter 5 Supplemental Use Standards

Article 1. Standards For Selected Uses

5.100 General

1. Relationship to Use Tables
   The supplemental use standards of this Article shall apply only to uses that are so designated in the use tables in Chapter 4, Articles 6 and 8.  Where the use tables do not indicate that supplemental use standards apply, the conditions set forth in this Article shall not apply.
2. Additional Conditions
   Nothing in this Article shall prevent the City from imposing additional conditions during either the special exception or planned unit development review process.
3. Distance Measurements
   Unless otherwise noted, all measurements are in a straight line (ignoring intervening structures) from the property line of the specified use to the boundary of the designated district.

5.101 Ambulance Dispatch Station

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

5.102 Appliance Sales

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.

5.103 Assaying

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

5.104 Automotive Repair; Paint and Body Shop

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

1. All repairs must be conducted within an enclosed building.
2. Vehicle storage requirements for Automotive Repair; Paint and Body Shops near one or two-family residential use. 
   1. .
      1. 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.
      2. 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.
      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 Section 5.104;
      2. Behind a minimum six foot solid screen evergreen hedge; or
      3. Within a building.
         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.   
3. No repairs shall be conducted on any premises that adjoin any residential district boundary.
4. No automobile repair or service facility shall be permitted to have bay doors facing a one- or two-family district.
5. .
   1. No vehicle retained for repairs may be stored for more than sixty (60) days from the date the vehicle is accepted for repair. The sixty-day time limit may be extended to a total of one hundred eighty (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 5A. shall not apply to the repair and/or conditioning of antique vehicles and racecar fabrication if the automotive repair or paint and body shop is located in an industrially zoned district. 
   3. The time limit in Subsection 5A. 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.
6. Any property used as an automotive repair, paint or body shop located in a  “MU-2”, "MU-2G", “I”, “J” or “K” District must comply with subsections 2 and 5 above.  Further, such facilities located in an "MU-2" or "MU-2G" District must also comply with Section 9.1001.D.7 (Fences and Gates) of the respective districts.

5.105 Bakery

Repealed by Ordinance No. 14624.

5.106 Bed and Breakfast Home

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

1. A site plan to scale shall be presented to the Board of Adjustment when application is made for a Bed and Breakfast Home special exception 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 Board of Adjustment will have no authority to waive the site plan.
2. 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 Board of Adjustment shall have no authority to grant variances to this requirement.
3. 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 Board of Adjustment shall have no authority to issue variances to this Paragraph.
   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 Board of Adjustment shall have no authority to grant variances to this requirement.
4. Stacked parking is permitted in driveways for a maximum of four vehicles. The Board of Adjustment shall have no authority to issue variances to this Paragraph.
5. 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.
6. 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 Board of Adjustment shall have no authority to issue variances to this Paragraph.
7. 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.
8. 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 Board of Adjustment will have no authority to issue variances to this Paragraph.
9. The floor plan of a Bed and Breakfast Home cannot be altered or changed without approval by the Board of Adjustment.
10. Basements, garage apartments, guesthouses and attic rooms can be rented under these guidelines.  Existing garages cannot be converted.
11. A Bed and Breakfast Home must comply with all applicable state and city health and safety laws.
12. No weddings, receptions, events, or parties may be held at a Bed and Breakfast Home.
13. No alcoholic beverage may be sold to Bed and Breakfast guests on the premises.
14. No cooking is permitted in bedrooms.
15. No vending machines are allowed.
16. Souvenirs, clothing or miscellaneous items can be sold only to registered guests by the owner.
17. No trash dumpsters are allowed.
18. Owner must secure an annual Operator’s License and obtain a Certificate of Occupancy before operating a Bed and Breakfast Home.
19. If a Bed and Breakfast Home is also in a Historic and Cultural Landmark (“HC”) Overlay District, the strictest guidelines will be enforced.
20. 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.
21. 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.
22. A special exception can only be granted for a maximum period of five years and is not transferable to a subsequent owner or to another property.
23. Violation of this Section or any other city ordinance may result in revocation of Operator’s License.

5.107 Bed and Breakfast Inn

Bed and Breakfast Inns may be permitted in accordance with the use tables in Chapter 4, Articles 6 and 8, subject to the following conditions:

1. A site plan to scale shall be presented to the Board of Adjustment when application is made for a Bed and Breakfast Inn special exception 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 special exception.  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 Board of Adjustment will have no authority to waive the site plan.
2. A Bed and Breakfast Inn shall have a manager on site at all times when occupied by guests.
3. Provisions must be made for adequate off-street parking in accordance with Section 6.201  The parking area must be a hard surface, and dust free.
4. 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 Board of Adjustment shall have no authority to issue variances to this Paragraph.
   2. All parking areas (except driveways) on a property adjacent to any 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 Board of Adjustment will have no authority to issue variances to this Paragraph.
   3. All overnight parking shall be in designated parking spaces, as provided on the site plan.
5. Stacked parking is permitted in driveways.
6. Off-site parking may be provided within 200 feet of a Bed and Breakfast Inn provided the property is properly zoned or a special exception for auxiliary parking in compliance with Section 6.202F 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.
7. 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 Board of Adjustment will have no authority to issue variances to this Paragraph.
8. 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.
9. 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.
10. 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.
11. The floor plan of a Bed and Breakfast Inn cannot be altered or changed without approval by the Board of Adjustment.
12. Cooking is not permitted in bedrooms.
13. No vending machines are allowed.
14. Souvenirs, clothing or miscellaneous items can be sold only to registered guests by the owner/operator.
15. Owner must secure an annual Operator’s License and obtain a Certificate of Occupancy before operating a Bed and Breakfast Inn.
16. If a Bed and Breakfast Inn is also in a Historic and Cultural Landmark (“HC”) Overlay District, the strictest guidelines will be enforced.
17. 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.
18. Violation of this Ordinance or any other city ordinance may result in revocation of Operator’s License.
19. A special exception can only be granted for a maximum period of five years and is not transferable to a subsequent owner or to another property.

5.107A Boarding Houses

Boarding Houses may be permitted in accordance with the Use Tables in Chapter 4, Articles 6 and 8, subject to the following conditions. 

1. The term “Boarding Houses” shall also include Lodging Houses. 
2. Each boarding house shall be a single structure containing assigned rooms for residents. 
3. No more than one boarding house per individual tract, parcel, or platted lot is allowed.
4. A boarding house must be constructed in compliance with all applicable requirements of the “Boarding House (not transient)” provisions of the Building Code.
5. No more than two (2) occupants per sleeping room are allowed.
6. All sleeping room size shall be a minimum size of 70 square feet for one occupant and 120 square feet for two occupants. 
7. Public ingress and egress to the boarding house shall be through one common exterior entrance.  Ingress and egress for boarders shall be through common exterior entrances.
8. Entry access to all boarding rooms shall be through the interior of the building.  No exit doors from individual boarding rooms shall lead directly to the exterior of the building.
9. 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 boarding house. 
10. No cooking is permitted in any sleeping room.  No cooking facilities are permitted in any sleeping room.
11. Each floor must contain at least one fully–equipped bathroom for each five residents that is accessible from a common hallway.
12. Each boarding house shall have a resident manager.
13. All residents must execute a lease before occupancy.
14. Rooms must be leased to the same resident for at least seven (7) consecutive calendar days.
15. Parking spaces shall be provided as follows: one space for the resident manager; one space per leased sleeping room; and one space per four employees.
16. Owner of the boarding house must obtain a certificate of occupancy and register with the Multifamily Inspection Program before operating a boarding house.

5.108 Car Wash

Self-service and full-service car wash facilities may be permitted in accordance with the Use Table in Chapter 4, Articles 6 and 8, subject to the following conditions.

1. All washing facilities shall occur under a roofed area with at least two walls.
2. 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.
3. The building surfaces shall be faced with masonry, porcelainized steel, baked enamel steel or other material equal in durability and appearance.
4. The building shall not be less than 100 feet from any residential district.
5. The building shall set back not less than 25 feet from the front property line.
6. 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 full-service building.
7. All off-street parking areas shall be hard-surfaced and dust-free.
8. Any lights used to illuminate the area shall be directed away from adjacent residential properties.
9. 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.

5.109 Cold Storage Plant

A cold storage plant located in any commercial district shall provide services to individuals and families only, not including processing, except for cutting or wrapping.

5.110 Community Home

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

1. Conditions
   A Community Home must meet all applicable licensing requirements of Chapter 123.001, Human Resources Code.
2. Spacing Requirements
   A Community Home may not be established within one-half mile of a previously existing community home.
3. 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.

5.111 Day Care Center

Day care centers and kindergartens may be permitted as a special exception by the Board of Adjustment in accordance with the use tables in Chapter 4, Articles 6 and 8, provided they meet the following conditions.

1. Permits shall be for a limited period of time to be specified by the Board of Adjustment, 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.
2. Prior to deciding upon any application, the Board of Adjustment may require a report from the Health Department, Fire Department, Traffic Engineering Department and Planning and Development Department, and such other agencies as the Board of Adjustment 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.
3. 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 Section 5.305.  When the Board of Adjustment 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.
4. Off-street parking shall be furnished in the minimum amounts required in Chapter 6, Article 2.
5. Hours of operation are limited to 6:00 a.m. to 8:00 p.m.

5.112 Drive-In Business

Drive-in business 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.

A site plan demonstrating compliance with these drive-in restaurant or business development standards shall be submitted to the Planning and Development Director or his designee for review and approval.

5.113 Firewood Sales

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

5.114 Greenhouse or Plant Nursery

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

1. 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.
2. If located in the “E” through “H” Districts, all incidental equipment and supplies, including fertilizer and empty containers, are kept within a building.

5.115 Group Home I or II

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.

5.116 Hotel, Motel or Inn

1. Location Adjacent to Residential District
   Where a motel, hotel or inn is less than 1,000 feet from any residential district other than “MU-2” High Intensity Mixed-Use, a Planned Development District shall be created for such use. 
2. Planned Development Hotel Use
   The following criteria shall be applicable to any Planned Development hotel use:
   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.
   5. Any other conditions required by the City Council as a condition of site plan approval.

5.116A Home Occupations

1. Home Occupations may be permitted in accordance with the Use Table in Chapter 4, Article 6, subject to the following conditions.
   1. The use is conducted entirely within:
      1. The principal dwelling unit and attached garage and/or
      2. One accessory building.
         Such use 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.
      3. 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:
         1. The reason for the request;
         2. The impact on the character of the neighborhood;
         3. Availability of the on—site parking and number of employee vehicles;
         4. Hours when employees will located on-site;
         5. Whether the home occupation business is conducted entirely inside the dwelling unit; and
         6. The consent of the majority of property owners of the one or two-family residential property along both sides of the block face.
   2. No vehicular traffic shall be generated by the home occupation business in greater volumes than would be reasonably be expected in the residential neighborhood or create unreasonable parking or traffic congestion for the abutting or adjoining neighbors or for the immediate neighborhood.  Any parking of vehicles must be consistent with city ordinances.  Any parking or traffic of such character, intensity and continued duration, which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities, shall be considered unreasonable.  It shall be a defense to prosecution under4 this subsection that the parking or traffic created was reasonable under the totality of the circumstances existing in the neighborhood.  Upon request of the residents of the neighborhood, a representative from the Transportation and Public Works Department shall review the traffic impacts to the neighborhood and, if applicable, refer the review to the traffic management program
   3. The use must be clearly incidental and secondary to the residential use of the dwelling and may not alter the existing residential character of the principal dwelling or the garage/accessory building.  A home occupation that requires structural alteration of the principal dwelling or garage/accessory building to comply with nonresidential construction code is prohibited, except for accessibility requirements.
   4. A change in the outside appearance of the dwelling unit or lot indicating the use or conduct of a home occupation, including advertising signs or displays is prohibited.  All equipment, goods, wares, merchandise, or materials associated with home occupation, including equipment, goods wares, merchandise, or materials located in or on vehicles, must not be visible from any public street or public right-of-way or from other locations off the premises.
   5. The direct sale of commodities, goods, wares, materials, merchandise or products to the general public is prohibited, however orders may be filled on the premises to persons by prior individual oral or written invitation or if placed earlier by a customer by phone, mail, internet, or off-site sales parties.
   6. All on-site advertising that is visible from any public street or public right-of-way or from other locations off the premises, other than advertising located on vehicles, is prohibited.  For the purposes of this section "vehicle" is defined as a passenger automobile, passenger van, motorcycle, or pick-up truck.  All advertising on vehicles shall be mounted flat against or painted on the vehicle and shall not refer to the street address of the home occupation business.
   7. 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 stationary, business cards, the home occupation business website, newsletters, and applicable trade directories.
   8. No mechanical equipment shall be used which will be obnoxious or offensive by reason of vibrations, noise, odor, dust, smoke, or fumes.  No combustible materials shall be permitted on the premises that are in violation of the city's fire code.
   9. A person who engages in a home occupation may not conduct outdoor activities between the hours of 10:00 p.m. and 7:00 a.m.
2. 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.
3. A Home School shall not be considered a home occupation and shall not be subject to the regulations of this Section.
4. 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.

5.116B Industrialized Housing

1. 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; and
   4. All single-family or duplex industrialized housing must be securely fixed to a permanent foundation.
2. For purposes of this Section, “value” shall mean the taxable value of the industrialized housing and the lot after the installation of the housing.
3. 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.
4. 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 within 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.
5. 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.

5.117 Kennel

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

1. The kennel shall be located not less than 300 feet from a residential structure that is located on any property in separate ownership. 
2. 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.

5.118 Kindergarten

The standards in Section 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.

5.119 Laundry or Dry Cleaner

Repealed by Ordinance 14624.

5.120 Manufacturing

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.

5.121 Metal Casting

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

5.122 Metal Foundry or Fabrication Plant

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

5.123 Metal Stamping, Dyeing, Shearing or Punching

Shops stamping, dyeing, shearing or punching metal not exceeding 1/8” in thickness.

5.124 Newspaper Distribution Center

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

1. Maximum size of 20,000 square feet.
2. Must be screened from adjacent residential district or properties with a minimum six-foot high screening fence.

5.125 Pawnshop

1. 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.
   2. No pawnshop shall be located within 500 feet of any other pawnshop.
2. 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.

5.126 Print Center, Commercial

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.

5.127 Probation or Parole Office

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

1. 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.
2. Regardless of the zoning, parole or probation offices shall not be located within 500 feet of any one- or two-family residential district.
3. 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.

5.128 Recording Studio

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

1. Internal noise shall not be audible from outside the building.
2. External activity or noise generation shall not be greater than the existing background noise level of the surrounding area.
3. Mass reproduction, duplication or storage of recorded material for distribution, sale or promotion is prohibited.
4. Parking requirements shall be the same as for a commercial building.

5.129 Recreational Vehicle Park

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 Chapter 13 of the City Code of Fort Worth, “Fire Prevention and Protection,” Article I, Section 13-2, Subsection (b), Appendix VIII, “Mobile Home and Recreational Vehicle Parks.”

5.130 Recycling Collection Facility

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.

1. Required off-street parking is not diminished; and
2. The Board of Adjustment finds that the size, location and design of the machines or facility are compatible with surrounding uses.

5.131 Sheet Metal Shop

Shops using 16-gauge or thinner sheet metal only.

5.132 Stable, Commercial

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.

5.133 Storage, Non Accessory Outside

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:
The Board of Adjustment may grant a special exception for no more than 5 years for non-accessory outside storage 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 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 storm water 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.

5.134 Store, Large Retail

1. 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:
      Large retail stores located 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; and,
      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 5.133, “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 Sections 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 Sections 6.300 and 6.301and 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
      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.
      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 façade 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 façade shall be limited to a maximum of 25% of the façade area for logo colors and a maximum of 10% of the façade 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
      Guidelines:  Facades should be articulated to reduce the massive scale and the uniform, impersonal appearances of large retail buildings and provide visual interest.
      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 façade and extending at least 20% of the length of the façade, Variation of a minimum of two feet in the height of parapets.  Variation to parapet height may include pilasters and projecting raised entrance features;
3. Variation of a minimum of two feet in 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 10 feet from the plane of the primary façade walls; and
6. Repetitive ornamentation including decorated 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 backlighted 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 Subsection 6.404F.  Such Unified 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
   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 Section 5.306.
   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.

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.

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 paragraph.  The total square footage of all permanent outdoor storage, display and sales areas permitted by subsections (1), (2) and (3) 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 façade 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 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.
   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.
   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 Section 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.

7. 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 with one three-inch caliper tree and live groundcover, in conformance with Section 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 Section 6.201B.  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.
8. 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 (B)(8) below for additional lighting requirements within 140 feet of residential property.
9. 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.
10. 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.

2. 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 2 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 3 establishes setback requirements from residential property.  Subsections 4 through 7 establish restrictions on certain activities within 100 feet of residential property.  Subsection 8 establishes lighting requirements within 140 feet of residential property.  “Residential property” means a one- or two-family residential district or property use 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 Section 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 façade 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
   Distance requirement 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.
   Additional nighttime 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 Section 6.301D.
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.

3. 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 this 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.
4. 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 Section 5.133 or shall be located in a Planned Development District.

5.135 Swimming Pool, Commercial

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

1. The swimming pool shall not exceed 5000 square feet in area measured at the scum gutter.
2. No pool shall be closer than 100 feet from any residential district.
3. The area of all accessory buildings shall not exceed 50 percent of the pool area, with a minimum of 600 square feet allowable.
4. 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.

5.136 Telecommunications Antenna

The following regulations apply to antennas (see also ‘5.137 Telecommunications Tower and Stealth Telecommunication Tower’).

1. Antennas are permitted in all districts on existing commercial, institutional or industrial structures, including, but not limited to, enclosed 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.
2. An antenna may be co-located on an existing, approved tower to a height that exceeds the maximum height permitted in the zoning district in which the tower is located, provided that the antenna does not exceed the height of the tower.
3. An antenna placed on the face of a structure 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.
4. The design of all antennas that are surface mounted on enclosed buildings, structures, and stealth towers must be approved by the Scenic Preservation and Design Review Commission.

5.137 Telecommunications Tower and Stealth Telecommunication Tower

1. Towers in Scenic Areas, Historic and Cultural Landmarks Districts (“HC”) Historic Significant Endangered (“HSE”) and Conservation Districts(“CD”)
   No Telecommunication Tower shall be located in a scenic area or corridor, as designated by Section 6.403.  Stealth Telecommunication Towers shall be permitted with a Special Exception approval in scenic areas or corridors, as designated by Section 6.403, upon approval of the design by Scenic Preservation and Design Review Commission.  No Telecommunication Towers shall be allowed within a Historic and Cultural Landmarks District (“HC”), Highly Significant Endangered (“HSE”), or Conservation District (“CD”) overlay.  Stealth Telecommunication Towers shall be permitted in districts with a Historic and Cultural Landmarks (“HC”), Highly Significant Endangered (“HSE”), or Conservation District (“CD”) overlay by Special Exception by the Board of Adjustment and design approval by the Scenic Preservation and Design Review Commission.  Proposed Stealth Telecommunication Towers in districts with a “HC” and “HSE” overlay require a Certificate of Appropriateness from the Historic and Cultural Landmarks Commission.
2. Notice
   At the time of submission of an application to construct a Telecommunication Tower or Stealth Telecommunication Tower, applicant must provide proof that all other wireless telecommunication providers serving the City have been notified by certified mail, return receipt requested.  Notification must be mailed to the providers within the sixty (60) days prior to the submission of the application.  A list of the wireless telecommunication providers serving the City may be obtained from the Planning and Development Department.
3. Setback Requirements
   Telecommunication Towers and Stealth Telecommunication Towers shall be constructed in accordance with the following setback requirements:
   1. Telecommunication Towers shall be set back 500 feet from any Historic and Cultural Landmark (“HC”), Highly Significant Endangered (“HSE”), and Conservation District overlay and scenic preservation areas or corridors, as designated by Section 6.403.
   2. Stealth Telecommunication Towers shall be set back in accordance with the development standards for the underlying district, except that all Stealth Telecommunication Towers shall be set back 200 feet from any One-Family, Two-Family or Multifamily District or use.
   3. Telecommunication Towers shall be set back 250 feet from any Multifamily District or use.
   4. Telecommunication Towers shall be set back 500 feet from any One-Family or Two-Family District or use.
   5. No Telecommunication Tower or Stealth Telecommunication Tower shall be located within 200 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.
4. Telecommunication Tower, Stealth Telecommunication Tower, Antenna Design, and Appearance Requirements
   1. No telecommunication towers shall be allowed in any residential district.  Special Exception approval is required for all telecommunication towers in Low Intensity Mixed-use (“MU-1”) and High Intensity Mixed-Use (“MU-2”).  Special Exception approval is required for Stealth Telecommunication Towers in all residential districts (except Low Intensity Mixed-Use (“MU-1”) and High Intensity Mixed-use (“MU-2”) Districts).  The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers.
   2. Special Exception approval is required for Stealth Telecommunication Towers in Neighborhood Commercial Restricted (“ER”) Districts; Agricultural (“AG”) Districts; Community Facilities (“CF”) Districts; and those districts with Historic and Cultural Landmark (“HC”) Highly Significant Endangered (“HSE”), or Conservation District overlays.  The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers.
   3. No design plan shall be approved by the Scenic Preservation and Design Review Commission until the Board of Adjustment approves the request for a Special Exception or a variance for an increase in the allowed Telecommunication Tower or Stealth Telecommunication Tower height, or increase in height of an alternative structure.
      All design plans must be submitted by the Applicant at the time of application for a variance or Special Exception request and shall include the following:
      A visual study, visualization, or simulation showing the appearance of the proposed Telecommunication Tower, Stealth Telecommunication Tower, associated antennas and ancillary facilities, to scale and in the existing natural or built environment, from at least five points of public view.  The points shall be agreed upon between the Applicant and the Planning and Development Department to ensure that appropriate views are represented;
      The general capacity of the proposed Telecommunication Tower or Stealth Telecommunication Tower in terms of the number and type of antennas it is designed to accommodate;
      The applicant’s current overall system plan for the City documenting telecommunication facilities presently constructed or approved, including a map that indicates the proposed provider’s current coverage for the City and the area the requested site would cover;
      A statement outlining the rationales for the particular location, design and height of the proposed Telecommunication Tower, Stealth Telecommunication Tower or antennas;
      A landscape plan drawn to scale showing proposed and existing fencing and landscaping, including type, spacing, size and irrigation methods;
      A visual depiction or architect’s rendering (drawn to scale) of the Telecommunication Tower or Stealth Telecommunication Tower;
      A site plan, drawn to scale, indicating the location and height of the Telecommunication Tower or Stealth Telecommunication Tower (with associated ancillary facilities), as well as their proximity to (or distance from) buildings and to other structures on the same adjacent properties to include a radius of 200 feet;
      A signed agreement stating that the placement of the antennas is designed to allow future co-location of additional antennas if technologically feasible and that the Applicant will provide notice to the City of any provider that co-locates to the site;
      Statement from the property owner granting authorization to construct a Telecommunication Tower or Stealth Telecommunication Tower on the property and affidavits dated within the sixty (60) days preceding the application date, in a form approved by the City and executed by a person with knowledge and authority to do so, which states that authorization to construct a Telecommunication Tower or Stealth Telecommunication Tower on other potential sites within a half-mile radius was denied; and
      Summary results of studies or tests that document why existing sites will not provide sufficient signal coverage.All proposed Stealth Telecommunication Tower designs submitted to the Scenic Preservation and Design Review Commission must include color photographs in a radius of at least 200 feet that depict the surrounding area and structures.
   4. Any changes, additions, deletions, or improvements to a Stealth Telecommunication Tower must be approved by the Scenic Preservation and Design Review Commission.
5. Construction Requirements
   1. All Telecommunication Towers shall be of monopole construction unless the Scenic Preservation and Design Review Commission shall approve all Stealth Telecommunication Tower designs.
   2. Neither Telecommunication Towers nor Stealth Telecommunication Towers shall 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 or Stealth Telecommunication Tower.
   3. No Telecommunication Tower shall be constructed within one-half mile-of any pre-existing Telecommunication Tower.  Telecommunication Tower separation shall be measured by following a straight line from the portion of the base of the proposed Telecommunication Tower.  For the purpose of this paragraph, a Telecommunication Tower shall include any Telecommunication Tower that is already constructed, any Telecommunication Tower for which the city has issued a building permit,  for which an application for a Telecommunication Tower has been filed and not denied.  Upon a request of a variance of the provisions of the subsection, the Board of Adjustment shall consider whether the Applicant can demonstrate the following:
      Communications technology precludes locating the proposed Telecommunication Tower on available sites more than one-half mile from a pre-existing transmission Telecommunication Tower and still providing the approximate coverage the proposed Telecommunication Tower is intended to provide;
      A pre-existing Telecommunication Tower that is within one-half mile is not structurally capable of accommodating another provider and it is not feasible to modify it to do so; and
      There are no other buildings, light or utility poles or water towers or other structures within one-half mile on which antennas may be located and still provide the approximate coverage the proposed Telecommunication Tower is intended to provide.
   4. All new Telecommunication Towers and Stealth Telecommunication Towers must be constructed to support at least two separate antenna arrays.  In addition, any new Telecommunication Tower or Stealth Telecommunication Tower must be able to support at least one additional antenna for every fifteen feet (or fraction thereof) above sixty (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
   1. Telecommunication Towers: All Telecommunication Towers and support facilities must have the following: A six-foot solid screening fence that complements the architectural character of the surrounding neighborhood and that is constructed of wood, brick, stone or reinforced concrete products per the specifications of Section 5.304, “Fences” of the zoning ordinance; and
      Suitable screening shrubs that complement the architectural character of the surrounding neighborhood shall be installed completely around the fence and be sufficient to screen from view the structures sought to be screened.  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.
   2. Stealth Telecommunication Towers:  All Stealth Telecommunication Tower support facilities must be screened from public view.  All screening designs must be approved by the Scenic Preservation and Design Review Commission.
7. Outdoor Storage
   No outdoor storage of vehicles, materials, or equipments 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 Messages 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, Stealth Telecommunication Tower, or ancillary support facilities except for warning and safety signage.
9. Telecommunication Tower/Stealth Telecommunication Tower/ Antenna Registration
   Before a building permit for a Telecommunication Tower or Stealth Telecommunication Tower structure may be issued, the owner must have on file with the Planning and Development Department a master list of all proposed, currently under construction, and existing Telecommunication Tower or Stealth Telecommunication Tower structures and antennas owned or controlled by the owner.  Such list must specify the name, address and telephone number of the owner of record, the Telecommunication Tower or Stealth Telecommunication Tower locations by address and legal description, tower height, the number of antenna arrays on the Telecommunication Tower or Stealth Communication Tower, and the names, addresses, and telephone numbers of all other users of the Telecommunication Tower or Stealth Telecommunication Tower structures.
10. Removal of Telecommunication Tower or Stealth Telecommunication Tower Structures
    1. Upon cessation for more than 180 days of the use of a Telecommunication Tower or 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 Telecommunication Tower or Stealth Telecommunication Tower site shall be considered cessation of use.
    2. All transmission Telecommunication Towers or Stealth Telecommunication Towers and 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 communication devices.
    3. 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 or Stealth Telecommunication Tower.  If the use of the antennas on the Telecommunication Tower or 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 vice and data signals to or from wireless communication devices, the Telecommunication Tower or Stealth Telecommunication Tower must be removed and the Telecommunication Tower or Stealth Telecommunication Tower site restored to its original condition to a depth of tow feet, at the owner’s expense.
11. Scenic Preservation and Design Review Commission
    1. The Scenic Preservation and Design Review Commission shall review and approve, modify, or reject all designs as required by this Ordinance.  Any requests for variances or special exceptions must be granted by the Board of Adjustment prior to design review by the Commission.
    2. The Commission shall review proposed designs considering the materials, colors, textures, screening and landscaping designs of the equipment structure and any other permitted structures to determine the visibility, aesthetic impact, and compatibility to the surrounding natural or built environments.
    3. Any person or entity aggrieved by the decision of the Scenic Preservation and Design Review Commission relating to the review of designs required under this Ordinance may appeal to the City Council by submitting a written appeal to the City Secretary within ten days after receipt of notification of the Committee’s decision.  The City Council shall schedule a hearing on such appeal within 30 days after the receipt of the notice of appeal, or as soon thereafter as reasonably practicable.  The City Council may uphold, reverse, or modify the Commission’s decision.
12. Fees
    Not withstanding 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.

5.138 Theater, Movie Theater or Auditorium

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.

5.139 Terminal: Truck, Freight, Rail or Water

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

1. 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.
2. Loading, parking and maneuvering space shall be entirely on private property.
3. The operation of any such terminal shall be not less than 200 feet from any residential district.

5.140 Utility Transmission Tower or Distribution Line; Natural Gas Compressor Stations

1. 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.
      1. 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 
      2. Auxiliary structures housing electronic communications equipment which is necessary for the operation of communication antennas established pursuant to Paragraph 1 above.
   3. Exemption from Height Requirements
      District height requirements shall not apply to:
      1. Utility transmission towers and distribution lines and supporting structures;
      2. Communication antennas established in compliance with B.1. above.
2. Natural Gas Compressor Stations
   1. Compressor Stations
      1. Shall be allowed by right in "AG" Agricultural, "I" Light Industrial, "J" Medium Industrial and "K" Heavy Industrial Districts and in all by Special Exception.
      2. All compressor station-equipment, at the issuance of the initial certificate of occupancy, shall be set back a minimum of 300 feet from any residence, school, church, hospital, or occupied buildings.
      3. The compressor site shall be enclosed by a six-foot security fence.
      4. The pre-installation ambient noise level shall be established by the applicant and certified by the City Gas Inspector.  No compressor station shall operate in any manner as to create any exterior noise level to exceed 5 dBA over the established ambient during daylight hours or 3 dBA over the established ambient during night time hours as measured at the sensitive receiver's/receptor's property line or 100 feet from the protected uses, whichever is closer to the receiver/receptor.
      5. Each permit shall require that the ambient noise level be re-monitored and checked by the Gas Drilling Inspector.
      6. All facilities shall be inspected by the Fire Marshal for compliance with relative Fire Codes and the Gas Inspector prior to the issue of a Certificate of Occupancy by the Building Official.
      7. One, three inch caliper tree shall be planted every 50 linear feet along the property line abutting a public right of way.
      8. All equipment, other than condensation tanks and other non-mechanical support equipment, that faces and is located in or within 600' of residentially used property or visible from the public right-of-way shall be screened from public view by appropriate landscaping, berming, structure or wall constructed of metal, masonry or other structurally sound material as approved by the Director of Planning and Development 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.

5.141 Vehicle Junkyard

The Board of Adjustment shall receive a report from appropriate City departments when considering a special exception.

1. In the “AG” District
   A motor vehicle junkyard or used automobile junk area may be permitted as a special exception. Special exception 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.
   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.
2. In the “ I” or “J” District
   A motor vehicle junkyard or used automobile junk area may be permitted as a special exception. The special exception shall be subject to the following conditions.
   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. Special exception 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.
      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.
3. In the “K” District
   A motor vehicle junkyard or used automobile junk area may be permitted as a special exception. The special exception shall be subject to the following conditions.
   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. Special exception 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.
      1. First approval - a period not to exceed ten years; and
      2. Each subsequent extension - a period not to exceed ten years.

5.142 Veterinary Clinic

1. 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 soundproofed 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.
2. 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.

5.143 Warehouse or Bulk Storage, Warehouse, Mini

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.

Article 2. Sexually Oriented Businesses

5.200 Regulations Affecting All Sexually Oriented Businesses

1. Purpose and Intent
   The following are provided as guidelines for the construction, interpretation and enforcement of this Article:
   1. 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.
   2. 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 U. S. Supreme Court rulings pursuant thereto.
   3. This Article is also intended to deter property uses and activities conducted thereon which, directly or indirectly, cause or would cause adverse effects on the stability of the immediate neighborhood surrounding the sexually oriented business.
   4. 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.
   5. Similarly, it is not the purpose or intent of this Article to restrict or deny lawful access by adults to sexually oriented materials nor to deny access by the distributors and exhibitors of sexually oriented materials to their intended market.
   6. 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.
   7. 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.

5.201 Classifications

Sexually Oriented Businesses are classified as follows:

1. Adult arcades;
2. Adult bookstores or adult video stores;
3. Adult cabarets;
4. Adult motels;
5. Adult motion picture theaters;
6. Escort Agencies;
7. Adult model studios; and
8. Sexual encounter centers

5.202 Prohibited Locations of Any Type of Sexually Oriented Business

1. An person, including an operator of a sexually oriented business, commits an offense if he/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.
2. In addition to being located in a proper zoning district, a person, including an operator, commits an offense if he/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. residential district;
      • The Downtown Tourism Area (generally illustrated in Appendix B, Exhibit B.3);
      • The Cultural District (generally illustrated in Appendix B, Exhibit B.7);
      • The Fort Worth Stockyards National Register Historic District (generally illustrated in Appendix B, Exhibit B.5);
      • Other sexually oriented business within the city limits not located on I-30 or I-35;or
      • Areas that currently are, or within the last ten years were, designated as neighborhood empowerment zones, tax increment finance districts and public improvement districts.
3. In addition to being located in the proper zoning district, a person, including an operator, commits an offense if he/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.
4. For the purpose of Paragraph 2 and 3 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.  If the establishment is located within a structure with multiple spaces available for occupancy, the measurement will be from the closest wall of the tenant space occupied by the Sexually Oriented Business.
5. Also for the purposes of Paragraph 2 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.
6. 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 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.
7. A person commits a violation if he/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.
8. 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.
9. 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.

5.203 Specialized Certificate of Occupancy

1. Specialized Certificate of Occupancy Required
   • A person commits an offense if he/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.
   • The fact that a person possesses other types of state or city permits does not exempt him/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.
   • A person shall not cause the establishment, operation or other continuation of a sexually oriented business establishment under any other for 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.
2. 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 (2) 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. If an applicant is an individual, he/she must sign the application form as "applicant."
   4. If the applicant is other than an individual, each person or entity who is an officer of the business or has a twenty (20) percent 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 twenty (20) percent or greater ownership interest.
   5. If the enterprise is a Texas corporation, a certified copy of the articles of incorporation, together with all amendments must be submitted.
   6. 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.
   7. 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.
   8. 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.
   9. In addition to identifying those person required to sign an application under this subsection, 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.
   10. 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 e subject to qualification and compliance with the requirements for obtaining the Specialized Certificate of Occupancy.
   11. The application must be accompanied by:
       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; and
       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.
       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.
          
          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.
   12. 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.
   13. A copy of all applications and supporting documentation for Specialized Certificates of Occupancy shall be maintained in the Planning and Development Department.
   14. 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.
   15. 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.
   16. Each statement shall contain the following statements signed by applicant:
       • 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;
       • If required by law, that an outdoor sign was posted in conformance with this Article and state law not later than the 60th day before the date the application was filed; and
       • The applicant has read the provisions of this Article.
3.  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:
      • The full name, address and telephone number of the person(s) ("the operator") to whom it is granted;
      • The name, address and telephone number of the establishment;
      • A description of specifically what type of sexually oriented business operation has been approved to be conducted on the premises; and
      • 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.
4. 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.
5. Expiration and Renewal of a Specialized Certificate of Occupancy
   1. Each Specialized Certificate of Occupancy shall be valid for a period of one (1) 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 Planning and Development 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 Paragraph H hereafter.  Any action by the Planning and Development Director is stayed pending the decision of the Board of Adjustment and if applicable, any appeal of the Board's decision.
6. 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:
      • The location of the establishment would be in violation of the applicable zoning district classification for the intended property use.
      • The location would be in violation of the distance regulation as set forth in Section 5.202.
      • The application fees have not been paid.
      • An applicant has failed to make full disclosure or supply all of the information requested on the application.
      • 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.
      • 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.
      • 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.
      • 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.
      • An applicant is under 18 years of age.
      • An applicant is under 21 years of age and the sale or serving of alcoholic beverages would be an aspect of the business.
      • If the location of the proposed sexually oriented business is within a building, structure or portion thereof contains another sexually oriented business.
      • An applicant or an applicant's spouse is overdue in payment to the city in 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.
      • The applicant has been operating the proposed business as a sexually oriented business without a valid Specialized Certificate of Occupancy issued under this Article.
      • The applicant or the applicant's spouse is required to register as a sex offender under the provisions of Chapter 62 of the Texas Code of Criminal Procedure.
      • 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. Chapter 21 of the Texas Penal Code: Public lewdness, indecent exposure, indecency with a child;
        2. Chapter 22, Texas Penal Code: Sexual assault or aggravated sexual assault;
        3. Chapter 25, Texas Penal Code: Incest, solicitation of a child or harboring a runaway child;
        4. Chapter 43, Texas Penal Code: 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. Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; For which:
           1. Less than two (2) 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; or
           2. Less than five (5) 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
           3. Less than five (5) 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 (2) or more misdemeanor offenses or combination or misdemeanor offense occurring within any twenty-four 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.
7. 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.
8.  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, "Appeal of a Denial of an Application for a Specialized Certificate of Occupancy."
   2. The filing of any appeal under this subsection stays the action of the Planning and Development Director until the Board of Adjustment makes a final decision.
9. 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 thirty (30) days if it is determined that the operator has:
      • Violated or is not in compliance with the regulations set forth in this Article, or
      • Refused to allow an inspection of the sexually oriented business premises as authorized by this Article.
      • Committed acts that constitute grounds for revocation as set forth in Section J.
   2. A suspension may be appealed to the Board of Adjustment as provided in Paragraph K. below.
10. 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 the Planning and Development Department determines that one or more of the following is true:
       • The operator gave false or fraudulent information in the application or otherwise acquired the Certificate under false pretenses.
       • 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.
       • The operator knowingly allowed or participated in the unlawful possession, use or sale of controlled substances on the premises.
       • The operator knowingly allowed or participated in prostitution, or its solicitation, or unlawful offenses of a similar nature to take place on the premises.
       • The operator has been convicted of a criminal offense listed in Section 5.203(F)(1)(o) for which the time period required 5.203 (F)(2) has not lapsed.
       • 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.
       • An operator has transferred the Specialized Certificate of Occupancy in violation of this article.
       • Cause for suspension as provided in Paragraph 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 Planning and Development 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 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), an applicant may not apply for or be granted another specialized certificate of occupancy until the appropriate period required 5.203 (F)(2) has lapsed.
    4. A revocation may be appealed to the Board of Adjustment as provided in Paragraph K hereafter.
11.  Appeal of the Suspension or Revocation of a Specialized Certificate of Occupancy.
    1. If the Planning and Development 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. "Appeal of a Denial of an Application for a Specialized Certificate of Occupancy."  The filing of any appeal under this subsection stays the action of the Planning and Development 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 with 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 stays any action of the Planning and Development Director.
12. Transfer of Specialized Certificate of Occupancy
    1. A person commits an offense if he/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/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 (1/2) 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 ninety (90) percent 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 thirty (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.

5.204 Employee Background Checks

1. 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:
   • Chapter 22, Texas Penal Code: Sexual assault or aggravated sexual assault;
   • Chapter 25, Texas Penal Code: Incest, solicitation of a child or harboring a runaway child;
   • Chapter 43, Texas Penal Code: 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;
   • Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; or.
   • Public lewdness, indecent exposure, public intoxication, drink solicitation, or possession of a controlled substance.
2. 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:
   • Full legal name;
   • All aliases or "stage names";
   • Date of birth;
   • Race;
   • Color of hair and eyes;
   • Current residence address and phone number;
   • Texas driver's license number (or Texas identification number);
   • Social Security number;
   • Color photograph of full-face view; and
   • Date of criminal background check.
3. Records
   • Within five (5) 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.
   • 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.
   • 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.
4. For the purposes of subsection (B), an employee or entertainment personnel commits an offense by:
   • Providing false or deceptive information tot he operator; or
   • By failing to timely update and provide to the operator within fourteen (14) days any changes in the required information.

5.205 General Regulations for Sexually Oriented Businesses

1. 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.
2. 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.
3. 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.
4. 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 development pursuant to this Article.
5. All operators shall maintain a person on the premises while occupied or open for business with the authority and responsibilities as "manager" over personnel.  The "operator" and "Manager" may be the same person.
6. An operator may not knowingly employ or engage the service of any person under eighteen (18) years of age as an employee or entertainment personnel for the sexually oriented business.
7. No customer or patron under the age of twenty-one (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.
8. 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.
9. 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 shall not apply to video projection systems.
10. 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.

5.206 Conduct of Employees

1. No employee, while in a 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 o f 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.
2. 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
3. All garters shall be located mid-thigh or lower.

5.207 Hours of Operation

1. 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-Thursday: 2:00 a.m. to 10:00 a.m.
   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.
2. Hours of operation may not conflict with any other federal, state, or city laws, rules or regulations.
3. This regulation shall not apply to adult motels.

5.208 Interior of the Sexually Oriented Business

1. 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.
2. 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.
3. If the premises contains 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 that 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.
4. The operator shall maintain every portion of the premises where customers are permitted access equipped throughout and u=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.
5. 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.
6. 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.

5.209 Exterior appearance of Sexually Oriented Business

1. 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.
2. No merchandise or activities of a sexually oriented business shall be visible from any point outside the establishment.
3. All exterior portions and/or facades, including the roof, that 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 not in compliance with the regulations of this Article and other applicable City Codes will have five (5) years from the date of adoption of this ordinance to comply with this subsection, however if any portion of the exterior of the building is painted or repainted before this five (5) 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.
   This provision shall not apply to an enterprise if the following conditions are met:
   1. The enterprise is part of a commercial multi-unit center; and
   2. 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.

5.210 Sign Requirements

1. 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 Section 243.0075 of the Texas Local Government Code, as amended, not later than the 60th 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:
      • The sign must be at least 24 by 36 inches in size;
      • All letters must be at least two inches in height and 1 and ½ inches in width for each letter on the sign;
      • The sign shall state that a sexually oriented business is intended to be located on the premises;
      • The sign shall provide the name and business address of the owner and operator;
      • All required information must be presented in both English and Spanish;
      • All required information must be read horizontally from left to right; and
      • 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 Planning and Development Director, by certified mail or hand delivery, when a sign is posted at the intended location of the business in compliance with Section 243.0075 of the Texas Local Government Code, 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 Planning and Development Director within five days after the posting of the sign.  If the Planning and Development Director receives the notification within five days after the sign was posted, the 60-day posting period required by Section 243.0075 shall be deemed to begin on the posting date.  If the notification is received by the Planning and Development Director more than five days after the sign was posted, the 60-day posting requirement shall be deemed to begin on the date the Planning and Development 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. Paragraph 4 of this subsection does not apply if:
      • 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 Section 243.0075 of the Texas Local Government Code, as amended; or
      • The application for a specialized certificate of occupancy is withdrawn or denied; or
      • The notification requirements of subsection 2 are not met.
2. 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”

      [if alcoholic beverages are sold on the premises] –

      "NO PERSON UNDER 21 YEARS OF AGE ALLOWED ENTRY”

3. 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 erects, constructs, or maintains any on-premise 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:
      • Not contain any flashing lights;
      • Be a flat plane, excluding the lettering, and
      • Be rectangular in shape.
   3. A secondary sign may have only one display surface.  The display surface must:
      • Not contain any flashing lights;
      • Be a flat plane, excluding the lettering;
      • Be rectangular in shape; and
      • 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:
      • "Adult Arcade."
      • "Adult bookstore or adult video store"
      • "Adult Cabaret."
      • "Adult motel"
      • "Adult motion picture theater."
      • "Escort agency."
      • "Adult Model Studio."
      • "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 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:
      • 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
      • 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 in the subsection 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 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.

5.211 Additional Regulations for Adult Entertainment Cabarets

1. 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.
2. 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
3. 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.
4. An operator commits an offense if the operator fails to display the signs on the interior of the premises as required by this Article.
5. An operator commits an offense if he/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.

5.212 Additional Regulations for Escort Agencies

1. An escort agency shall not employ any person under the age of eighteen (18) years of age.
2. A person commits an offense if he/she acts as an escort or agrees to acts as an escort for any person under eighteen (18) years of age.

5.213 Additional Regulations for Outcall Businesses

1. An operator, shall not employ any person under the age of eighteen (18) years of age for the purposes of acting as an outcall person or providing outcall services for a customer
2. An operator, manager or employee commits an offense if he/she acts as an outcall person for any customer less than twenty-one (21) years of age.

5.214 Additional Regulations for Nude Modeling Businesses

In Addition to those offenses set forth in subsection (b), citations may be issued for the following:

1. An operator shall not employ any person under the age of eighteen (18) years of age for the purpose of acting as a live nude model for customers.
2. A person under eighteen (18) years of age commits an offense if he/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 if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex.
3. A person commits an offense if he 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.
4. 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.
5. A customer at a nude model studio commits an offense if he/she touches an employee who is exposing any specified anatomical areas or touches the clothing of the employee.
6. An operator or an employee of a nude model studio commits an offense if he 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.

5.215 Additional Regulations for Adult theaters and adult motion picture theaters

1. An operator shall not employ any person under the age of eighteen (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.
2. A person commits an offense if he knowingly allows a person under the age of eighteen (18) appear in a state of nudity in or on the premises of an adult motion picture theater.
3. A person under the age of eighteen (18) commits an offense if he/she appears in "a state of nudity" or " simulated nudity" for customers on the premises of an adult theater or adult motion picture theater.
4. It is a defense to prosecution under this subsection if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex.

5.216 Additional Regulations for Adult Motel

1. 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 (10) hours creates a rebuttable presumption that the establishment is an adult motel as defined in this Article.
2. 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/she rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is first rented, he/she rents or subrents the same sleeping room again.

5.217 Additional regulations for Adult Arcades

1. View from manager's station.
   1. If an adult arcade or adult mini-theatre has one (1) manager's station designated pursuant to this Article, then the interior of the adult arcade or adult mini-theatre shall be configured in such a manner that there is an unobstructed view of every area of the adult arcade or adult mini-theatre to which any patron is permitted access for any purpose from that manager's station.  If an adult arcade or adult mini theatre has two (2) of more manager's stations designated pursuant to this Article, then the interior of the adult arcade or adult mini-theatre shall be configured in such a manner that there is an unobstructed view of each area of the adult arcade or adult mini-theatre to which any patron is permitted access for any purpose from at least one (1) of the manager's stations.  The view required in this subsection 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 (1) 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.
2. Wall Penetrations
   1. In addition to any other requirements of this article, no adult arcade or adult mini-theatre 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-theatre devices from other viewing areas for arcade devices or adult mini-theatre 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 1 above and to ensure that no patron is allowed access to any portion of the premises where any openings exists in violation of subsection 1 above until the opening has been repaired.
3. 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 (1.0) 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 1 above, is maintained at all times that any patron is present in the adult arcade or adult mini-theatre.
4. Occupancy of booths, rooms and cubicles
   1. 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.

5.218 Display of Sexually Explicit Materials to Minors

1. A person commits an offense if, in a business establishment open to person under the age of 17 years, he 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:
   • Human sexual intercourse, masturbation, or sodomy;
   • Fondling or other erotic touching of human genitals, buttocks, or that portion of the female breast below the top of the areola; or
   • Human male genitals in a discernibly turgid state, whether covered or uncovered.
2.  In this section "display" means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:
   • It is a  available to the general public for handling and inspection; or
   • The cover or outside packaging on the item is visible to members of the general public.

5.219 Enforcement

Any City enforcement personnel may enforce the provisions of this Article.  Additionally, the Fort Worth Police Department may enforce the offenses listed in Section 5.204, which occur on the premises of a sexually oriented business at any time the establishment is occupied or open for business.

5.220 Revocation

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.

5.221 Injunction

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.

Article 3. Accessory Uses

5.300 General

1. 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.
2. 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 required front yard, platted 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.

5.301 Accessory Buildings on Residential Lots

1. General Provisions
   1. Any accessory building added to an existing legal non-conforming 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 as indicated in the Property Development Standards for that district.
   3. The total area covered by all rooftops shall not exceed the maximum lot coverage for the district applicable to the residential use.
   4. No more than one garage and one carport or porte cochere per residential unit on a single residential lot shall be permitted.  Additional garages or porte cocheres may be permitted provided the garages or porte cocheres are:
      • An integral part of the main residential structure; and
      • Have the same roofline and driveway as the main residential structure.
2. Non-Habitable Accessory Buildings
   1. Allowable Square Footage
      • Non-habitable accessory buildings, except private garages, private carports, or private porte cocheres, shall not exceed the maximum square footage for each residential lot size as depicted in the following table:

• The maximum square footage limits shown above shall be cumulative of all non-habitable accessory buildings 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 the allowable square footage of non-habitable accessory buildings on a single residential lot.
• 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.

2. 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.
3. All non-habitable accessory buildings, except private garages, private carports, and private porte cocheres, 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 property line, whichever is the least restrictive.
4. Non-habitable accessory buildings, other than private garages, private carports, and private porte cocheres, shall be limited to a height of 8 feet.  The height of the accessory building may be increased to a maximum height of twelve feet, provided that, for each additional one foot of height over eight feet, the accessory building is setback an additional two feet from the rear and side setback requirements of the district applicable to the residential use.  The height of accessory buildings shall be measured from the ground to the highest point of the building.

3. Habitable Accessory Buildings:
   In addition to the requirements set out in Subsection A “General Provisions,” habitable accessory buildings must comply with the following requirements:
   1. Habitable accessory buildings must meet all applicable City of Fort Worth building codes for habitable structures.
   2. Habitable accessory buildings may not exceed the height of the principal residence.
   3. Habitable accessory buildings may not be used as a separate independent residence for One-Family Districts.
   4. The combined lot coverage of the primary residential structure and the habitable accessory building may not exceed the maximum lot coverage for the district that is applicable to the residential use.
4. Private Carports and Private Porte Cocheres
   1. Private carports and private porte cocheres in rear yard setbacks.
      • The rear yard setback for a private carport or private porte cocheres in One-Family Districts with a lot size or 7,500 square feet or less shall be 1.5 feet when the following conditions are met:
      • The maximum total square footage of the carport or porte cochere is not greater than 400 square feet;
      • 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
      • The roof pitch of the carport or porte cocheres is no steeper than the predominate roof pitch of the main residential structure.
      • Rear yard setback requirements for the applicable district shall apply to all other private carports and private porte cocheres.  Requests for variances from the rear yard setback requirement shall be subject to Chapter 3, Article 4.
   2. Private Carports and private porte cochere in side yard setbacks.
      • The side 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 1.5 feet when the following conditions are met:
      • The maximum total square footage of the carport or porte cocheres is not greater than 200 square feet;
      • 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
      • The roof pitch of the carport or porte cocheres is no steeper than the predominate roof pitch of the main residential structure.
      • Side yard setback requirements for the applicable district shall apply to all other private carports and private porte cocheres.  Requests for variances from the side yard setback requirement shall be subject to Chapter 3, Article 4.
   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:
      • The presence and/or absence of a functional garage on the residential lot, parcel or tract;
      • The viability of access to the side and rear yard;
      • The size, height, and design of the carport or porte cochere and its impact on adjacent properties; and
      • The incidence of other carports or porte cocheres on the block face.

5.302 Accessory Buildings in "AG" District

Accessory buildings and structures clearly incidental to a farm, ranch, orchard, truck garden or nursery (including but not limited to barns, stables, equipment sheds, poultry houses, swine pens, granaries, pump houses, water tanks and silos) are permitted in the “AG” District provided that accessory buildings and structures on tracts that contain less than four acres shall be limited to 50 percent of the area of the principal dwelling, provided further that such allowable area shall not be less than 1,500 square feet.

5.303 Accessory Uses in Unified Residential Developments

In addition to other uses which qualify as accessory uses, the following shall be considered as accessory uses to Unified Residential Development:

1. Recreation areas and spaces within buildings primarily for use of the dwelling occupants.
2. Kindergarten and day care facility primarily for use of the dwelling occupants.
3. Mechanical and storage buildings necessary for operation and maintenance of the Unified Residential Development.
4. Manager’s office.
5. Garages, carports.

5.304 Satellite Antenna (Dish)

1. Requirements in Residential Districts
   1. Dish satellite antennas shall be considered an accessory use.
   2. When the dish exceeds one meter in diameter it shall comply with the following regulations:
      • shall not be located in the front or side yards;
      • shall not exceed 12 feet in height above ground level; and 
      • shall be enclosed by a screening fence.
2. Requirements in Nonresidential Districts
   1. Dish satellite antennas shall be considered an accessory use.
   2. When the dish exceeds two meters in diameter it shall adhere to district height and area regulations.
3. Requirements in “AG” District
   1. Dish satellite antennas shall be considered an accessory use.
   2. When the dish exceeds two meters in diameter it shall not be located in the front or side yards and it shall not exceed 12 feet in height above ground level.
4. Requirements in “CF” District
   1. When the dish exceeds two meters in diameter it shall not be located in the front or side yards.
   2. When the dish exceeds two meters in diameter it shall adhere to district height regulations.
   3. If erected on the ground, the dish shall be enclosed by a six-foot screening fence.
5. In Manufactured Housing Subdivision
   When the dish exceeds one meter in diameter, it shall not be located in the front or side yards, shall be enclosed by a screening fence, and shall not exceed 12 feet in height above ground level.
6. In Manufactured Home Park
   When the dish exceeds one meter in diameter, it shall not be located in any required setback adjacent to a public right-of-way exterior of the complex, shall be located or screened to prevent visibility from any public right-of-way exterior of the complex, and shall not exceed 12 feet in height above ground level.

5.305 Fences

1. Fences Required
   1. Screening fences shall be provided in the “IP” Industrial Park District in accordance with Section 4.1106B.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 Section 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 Section 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 Section 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 Section 5.108.
   6. Outdoor play areas for day cares shall be enclosed by a fence or wall in accordance with Section 5.111.
   7. Newspaper distribution centers shall be screened from adjacent residential districts or properties with a screening fence in accordance with Section 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 Section 5.133 (A) (9).
   9. Telecommunications towers and support facilities shall be surrounded by a security fence in accordance with Section 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 Section 5.141.
   11. Certain dish satellite antennas shall be enclosed by a screening fence in accordance with Section 5.304.
   12. Off-site auxiliary parking lots shall have a screening fence and bufferyard on all sides adjacent to a residential district in accordance with Section 6.202.
   13. A screening fence shall be constructed between one- or two-family residential districts and adjacent nonresidential districts in accordance with Section 6.300.
   14. Refuse handling facilities, mechanical equipment, loading docks and truck berths shall be screened in accordance with Section C, which may include an opaque wall or wooden screening fence.
   15. A screening fence shall be constructed on property lines of Unified Residential Developments adjacent to a one- or two-family residential district in accordance with Section 6.506D.
   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 Section 5.104.
       COMMENTARY: All fences, over 6 feet in height (except chain link fences) require a building permit.
   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 Section 5.104 if the automotive repair, paint and body shop is: 1) adjacent to any one or two-family residential use or 2) within 200 feet from any one or two-family residential use.
   18. 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 6' masonry wall of brick, stone, decorative cast concrete or cedar wood fence along the entire length of each property.  Masonry columns shall be provided not greater than 10 ft. on center.  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 3 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 Planning and Development Director, as referenced in Section 5.305.c.1.  Required fences may also be located within an easement dedicated to a Home Owners Association (HOA) or Public Improvement District (PID), or, a designated lot of not less than 5 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.
2. 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 2 for one-family and two-family residential dwellings, Subsection 3 for multifamily developments, Subsection 4 for utility facilities and Subsection 5 for automobile repair and body shops.
   2. One-Family and Two-Family Residential Dwellings.
      1. Up to four-foot open design fence consisting of wrought-iron, tubular steel, picket or similar type material designed for fencing (excluding chain link) that does not obscure visibility and is no greater than 50 percent in density may be erected on property within the minimum required front yard, platted front yard, established front yard projected front yard of one-family and two-family residential dwellings.
      2. No solid fences and walls are permitted in the required front yard, projected front yard or platted 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.
      3. Up to a five-foot open design fence consisting of wrought-iron, tubular steel, picket or a similar type material designed for fencing (excluded chain link) that does not obscure visibility and is no greater than 50 percent 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 are met:
         1. The fence will be compatible with the existing use and permitted development of the adjacent properties;
         2. The applicant obtains the consent of the property owners of the properties adjacent to the applicant’s property and property owners of the property located directly across the street from the applicant’s property.
            
            Fence designs may include columns to a maximum height of five feet, six inches (5’6”).  For multifamily developments located in MU-1 and MU-2 districts, 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.
   3. Multifamily Developments
      
      Up to six-foot wrought-iron fence similar type construction fence that does not obscure visibility (excluding chain link) may be erected within the minimum required front yard or projected front yard of a multifamily development constructed under Section 6.506 entitled “Unified Residential Development.”  Such fence design may include masonry columns to a maximum height of six feet, six inches (6’6”).  For multifamily developments located in MU-1, MU-1G, MU-2, and MU-2G districts, 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.
   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 percent 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 Section 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 MU-2 and MU-2G districts, 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.
      

      
      

      

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   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 minimum 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.
      

      
      

      

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3. 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 Planning and Development Director or his 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:
      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.
      3. Shall be properly engineered to withstand wind load, special load conditions, and site drainage.
         
         Wood fences:
      4. Metal posts shall be used for the vertical fence supports.  The posts shall be set in concrete at least three feet into the ground.
      5. 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 1/8 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.
      6. Wood fences using the stockade/picket/slat style fence shall be prohibited.
         
         Masonry fences:
      7. Masonry fences shall be brick, stone or block.
      8. Brick fences shall be of exterior grade brick.
      9. Block fences shall be Grade N, Type I.
4. 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).  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.
5. 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 Planning and Development Director or his 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.
6. Maintenance
   Maintenance requirements for fences are contained in the Minimum Building Standards Code, Section 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 eighteen (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.
7. 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. 

5.306 Storage or Display in Commercial Districts, Outdoor

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.

1. Items Permitted in “E” through “H” Districts
   
   The following items may be displayed and/or stored 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 Section 5.133(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. Cut Christmas trees.
   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.
2. 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.
   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 off-street parking may be used for outside storage or display of merchandise (except Christmas trees).
   7. All City fire, building and other codes shall be strictly complied with.

Article 4. Temporary Uses

5.400 Amusement, Outdoor (Temporary)

All temporary outdoor commercial amusement enterprises shall be permitted as a special exception by the Board of Adjustment only for a specified number of days.  See City Code Chapter 20, Article 2 for additional permit requirements.

5.401 Batch Plant, Asphalt or Concrete (Temporary)

1. A temporary batch plant (concrete or asphalt) for road and highway construction may be located in any zoning district, provided that:
   • The time period is no more than six months.
   • The site is located 600 feet or more from properties upon which dwellings are constructed; and
   • A site plan has been filed in the Planning and Development Department, showing the location of the temporary batch plant, the distance from improved residential properties, and the streets to be paved.
2. A temporary batch plant may be permitted for a period exceeding six months by special exception approved by the Board of Adjustment.

5.402 Garage or Other Occasional Sale

In any residential district, occasional sales restricted to garages and patios not to exceed two in number on the same premises in any one calendar year, by a person who does not hold himself out as engaging in, or does not habitually engage in, the business of selling such property at retail are permitted, provided that the following requirements are met.

1. The sale shall be confined to the garage and/or patio of the premises.
2. No new merchandise acquired solely for the purpose of resale on the premises shall be sold at such occasional sale.
3. The duration of each such sale shall not exceed three consecutive calendar days.
4. A permit shall be secured at least 72 hours prior to the sale and shall be prominently posted on such premises during such sale.
5. The permit fee amount shall be as established by the City Council.
6. Only one sign shall be permitted, not to exceed two square feet in area, upon the premises where and when the sale is taking place. All other signs relating to the sale, either on or off the premises, shall be violations of this Section.

5.403 Model Home

In any residential district, model homes used as show homes and/or sales offices are permitted in a new subdivision  (as approved by a preliminary plat in the last two years) to which they pertain and subject to the following conditions:

1. No more than five model homes per builder per platted subdivision are permitted.
2. Model homes that are located more than three hundred (300) feet from an arterial or wider street must be at three hundred (300) feet from any occupied residence within the same subdivision and are subject to a time limit of three years.  Model homes that are located three hundred (300) feet or less from an arterial or wider street are not subject to the residential distance requirement or the three-year time limit of this section.
3. Model homes must comply with the bufferyard, screening and fence requirements of Chapter 6, Article 3.
4. In the “MH” District, a manufactured home may be used as a model home.

5.404 Residence for Security Purposes, Temporary

Manufactured housing as a place of residence when required for documented security purposes at commercial and industrial sites or during the construction phase of any permitted use may be permitted as a special exception by the Board of Adjustment in accordance with the use tables in Chapter 4, Articles 6 and 8, provided they are subject to such conditions as may be required by the Board of Adjustment and provided that approval shall be granted for a limited period of time to be specified by the Board of Adjustment, but not to exceed five  years.   Upon application, time may be extended for successive periods of five years or less, provided there shall be new notice and hearing before each extension.

5.405 Trailer, Portable Sales, Construction or Storage

In any residential district, portable trailers used as sales offices, construction offices or storage trailers are permitted if they are located within a new subdivision (as approved by a preliminary plat in the last two years) to which they pertain and subject to the following conditions:

1. No more than one portable sales trailer and one portable construction trailer per builder per platted subdivision is permitted.
2. Portable construction trailers must be at least 300 feet from any occupied residence and subject to a time limit of two years.
3. Portable sales trailers that are located more than three hundred (300) feet from an arterial or wider street must be at least three hundred (300) feet from any occupied residence within the same subdivision and are subject to a time limit of three years.  Portable sales trailers that are located three hundred (300) feet or less from an arterial or wider street are not subject to the residential distance requirement or the three-year time limit of this section.
4. Portable construction and sales trailers must be skirted on the front and sides, provide foundation landscape planting consisting of one five-gallon shrub per four linear fee around the skirting. (excluding entrances) and must comply with the bufferyard, screening and fence requirements of Chapter 6, Article 3.
5. Each construction trailer shall have a least four paved parking spaces (two deep tandem parking is allowed).  Each sales trailer shall have at least two paved parking places (two deep tandem parking is not permitted).
6. A manufactured home is not allowed as a portable trailer.

5.406 Mobile Vendors

1. Required Permits
   1. Vendor Certificate of Occupancy.
      • All Food and Merchandise Vendors shall obtain a Vendor Certificate of Occupancy for each specified location where sales are to take place from a mobile vending unit. Except as otherwise provided herein, a Vendor Certificate of Occupancy is valid for one year from the date of issuance.
      • No Vendor Certificate of Occupancy will be issued without written authorization from the owner or person in control of the premises stating that the mobile vending unit has permission to occupy the premises where the mobile vending unit is located to sell merchandise, or sell or serve food.
      • No Vendor Certificate of Occupancy will be issued without written authorization from the owner or person in control of each premises stating that the mobile vending unit has permission to use a commercially plumbed restroom located on the premises where the mobile vending unit is located or without a restroom facility build in the mobile unit required by Chapter 16, “Health and Sanitation” of the City Code of the City of Fort Worth.
      • Vendor Certificate of Occupancy permits issued to mobile vending units located between 50 feet and 100 feet from any single family or multifamily residential use are valid for six months from the date of its issuance.
      • No Vendor Certificate of Occupancy will be issued to a Food Vendor without a Health Permit.
   2. Health Permit.
      • Food Vendors must obtain a permit from the Public Health Department to operate as a mobile vending unit.
      • Merchandise vendors are not required to obtain a health permit.
   3. General Provisions
      • A Vendor Certificate of Occupancy may be denied if the mobile vendor fails to provide a valid vehicle registration, motor vehicle operator’s license, proof of vehicle liability insurance, and a Texas Sales Tax Permit.
      • A Vendor Certificate of Occupancy is not transferable.
      • The Vendor Certificate of Occupancy sticker must be displayed on the upper left rear area of the mobile vending unit in a conspicuous location.  If such location is not practicable, the permit shall be located in a location approved by the Director of the Development Department or his assignee.
2. Hours of Operation
   1. No mobile vending unit shall operate at any time between the hours of 2 a.m. and 7 a.m.
   2. Transient Food Vendors may not stop for more than 60 consecutive minutes at any one location to sell or serve food.
3. Operational Requirements
   1. Mobile vending units may only operate in locations as allowed by the Fort Worth Zoning Ordinance.
   2. No mobile vending unit may operate within 50 feet from a single-family or multi-family residential use.  Single-family or multi-family residential use shall not include a residence that is part of a business or a mixed-use structure.
   3. All mobile vending units must park on an improved surface.
   4. No mobile vending unit may be located on a vacant lot.
   5. No mobile vending unit, displays of merchandise, seating, or temporary shelters may obscure traffic.
   6. No mobile vending unit shall be allowed to sell merchandise, sell, or serve food on any public street, sidewalk, or other public right-of-way.
   7. All mobile vending units shall be equipped with a self-closing lidded trash receptacle.  The trash receptacle must be placed outside next to the mobile vending unit for use by the patrons of the unit.  The area around the mobile vending unit shall be kept clean and free from litter, garbage, and debris.
   8. The connection of a mobile vending unit to a source of electricity, water, and sewer at a mobile vending site is prohibited unless a permit has been obtained from the Development Department for each connection and the connection has been inspected and found to comply with city codes.  Each permit shall be maintained in the mobile vending unit at all times and made available upon request by city personnel.
   9. Merchandise and Food vendors shall remove the mobile vending unit daily form the property.
   10. All Food Vendors and Transient Food Vendors handling potentially hazardous food products shall report the mobile vending unit at least once a day to its designated commissary for food, supplies, cleaning and servicing as required by Chapter 16, “Health and Sanitation” of the City Code of the City of Fort Worth.
   11. Except as otherwise limited by this ordinance or other city codes, a vendor may utilize outside seating consisting of a portable table and a seating capacity of four.
   12. Except as otherwise limited by this ordinance or other city codes, a vendor may use amplified music, provided that such music shall not exceed a decibel level of 85 as measured by a decimeter or exceed a level which is unreasonable.
   13. All mobile vending units handling or selling potentially hazardous food products must be a commercially manufactured vehicle as defined in Section 9.101, “Definitions” of the Zoning Ordinance and in Chapter 16, “Health and Sanitation” of the Fort Worth City Code.
   14. Any mobile vending unit that is not commercially manufactured vehicle as defined in Section 9.101, “Definitions” of the Zoning Ordinance and in Chapter 16, “Health and Sanitation” of the Fort Worth City Code that is permitted after September 24, 2001 and before September 24, 2002 shall be allowed to operate as a legal non-conforming use for a period of five years, until September 24, 2007.
   15. No more than one mobile vending unit per individual tract, parcel or platted lot shall be allowed.  A maximum of three mobile vending units shall be allowed on an individual tract, parcel or platted on which a grocery store with a footprint exceeding 50,000 square feet is located as a special exception by the Board of Adjustment, provided, however, that in granting any such special exception, the Board shall consider the following:
       • The reason for the request;
       • The number of available parking spaces on the lot;
       • Whether an increase number of mobile vending units would be compatible with the existing use and permitted development of adjacent properties, and
       • Any other issues the Board of Adjustment considers to be relevant.
4. Additional Requirements for Mobile Vending Units Located Within 100 Feet From a Single Family or Multifamily Residential Use
   1. No mobile vending unit may operate within 50 feet from a single family or multifamily residential use.  Single-family or multi-family residential use shall not include a residence that is part of a business or a mixed-use structure.
   2. All mobile vending units between 50 feet and 100 feet from a single family or multifamily residential use must obtain the unanimous consent of all the owners of the single family or multifamily residential property within a one hundred (100) foot radius around the mobile vending unit.
      • Consent from the property owners must be signed, notarized, and dated within 30 days from the date the vendor submits an application for a Vendor Certificate of Occupancy.
      • If the single family or multifamily residential property is not the primary residence of the owner, the resident or tenant of the property must give his or her consent.
      • Measurement shall be determined in a straight line (ignoring intervening structures) form closest point of the mobile vending unit to the closest point of the property line of the single family or multifamily residential use.
   3. No amplified music is allowed after 10 p.m.
   4. No portable chairs and tables are allowed after 10 p.m.
   5. The use of portable or vehicle mounted generators to supply electricity to a mobile vending unit is prohibited.
5. Exemptions
   
   The provisions and requirements of Section 5.406 do not apply to:
   1. All events/activities/festivals approved by the Board of Adjustment under Section 5.400 of the Zoning Ordinance entitled “Amusement, Outdoor (Temporary)”;
   2. All events/activities/festivals approved by City Council; and
   3. All events/activities/festivals lasting no longer than fourteen consecutive days that are open to the public for the purpose of providing entertainment/food and/or sales of merchandise and are in conjunction with a single event or celebration.

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