Fort Worth Zoning Ordinance

4.909 Near Southside (NS) District

A. Purpose and Intent

It is the purpose of the Near Southside (“NS”) District to provide a specific mixed-use development zone that encourages pedestrian-oriented, urban development on the Near Southside, and to provide development standards and administrative procedures that encourage high-quality, sustainable development and creative design.

B. Uses

In the Near Southside (“NS”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables and supplemental standards contained in Section 6 of the document “Near Southside Development Standards and Guidelines,” an adopted supplement to the City’s Zoning Ordinance.

C. Property Development Standards

The minimum dimension of lots and yards and the height of buildings in the Near Southside (“NS”) District, shall be as shown in the accompanying table and the document “Near Southside Development Standards and Guidelines.”  

The development standards may only be applied to that area known as the Near Southside District of Fort Worth boundary as described in Exhibits “A” through “C”, attached hereto and incorporated by reference Near Southside Development Standards and Guidelines. (Ord. No.18188, Eff. 07/25/08)

D. Other Development Standards

Development in the Near Southside (“NS”) District is subject to the development standards and guidelines contained in the “Near Southside Development Standards and Guidelines” document.  The Near Southside Development Standards and Guidelines attached hereto and approved by the City Council are included in the zoning ordinance by reference. All future amendments to the Near Southside Development Standards and Guidelines must be considered by the Urban Design Commission and Zoning Commission and approved by the City Council in accordance with the procedure set out in Article 5, Chapter 3.  Attachment A of Ordinance # 18188 Near Southside Development Guidelines and Standards: (Ord. 18188, Eff. 7/25/08)

E. Development Review Process

1. Certificate of Appropriateness:  The Planning and Development Director or Urban Design Commission (UDC) will issue a Certificate of Appropriateness (COA) for approved public and private projects.  In exceptional cases the UDC may approve a COA if a project is clearly consistent with applicable development principles but does not conform to a certain development standard(s) or guideline(s).  The COA for such projects must describe the projects’ compliance with applicable principles. Within the Near Southside (“NS”) District, issuance of a certificate of appropriateness reflecting compliance with the Near Southside Development Standards and Guidelines is required as a condition for the following:

a.   Acceptance by the Planning and Development Department of an application for a building permit for construction of a new structure;

b.   Acceptance by the Planning and Development Department of an application for a building permit for expansion of an existing structure;

c.   Acceptance by the Planning and Development Department of an application for a building permit for exterior renovation, remodeling or other alteration of an existing structure; and

d.   Construction of a surface parking lot.

e.   Acceptance by the Planning and Development Department of an application for a sign permit.

2. Application for Certificate of Appropriateness

The following materials shall be submitted to the Planning and Development Department in connection with an application for a certificate of appropriateness. The materials must be submitted at least twenty-one days before the meeting of the UDC at which the application for a certificate of appropriateness will be considered. At the time application materials are submitted, the applicant shall receive a sign provided by the Planning and Development Department that shall be posted on the project site at street level in a location readily visible to the public no less than ten days prior to the meeting of the UDC.

a. Copies of site plan including

i.    Footprints of all existing structures

ii.   Proposed footprint of all new structures

iii.  Existing structures adjacent to the property

iv.  Building setbacks

v.   Location of parking areas, parking lot islands, driveways, sidewalks, walkways, loading areas, walls or fences, utilities, lighting, signage, at-grade mechanical units, dumpsters, and all other site improvements.

b.  Copies of landscape plan including location and dimension of areas to be landscaped (including private property, adjoining right-of-way and parking lot islands), total amount of landscaped area, location, number and planting size of all trees, shrubs, and groundcover, location and coverage of irrigation system, and location and description of street furniture.

c.  Copies of schematic floor plans depicting the arrangement of interior spaces, location of windows and doors, mechanical equipment, electrical meter and utility locations.  First floor site plans should show the relationship between the first floor and the site.

d.  Copies of schematic building elevations for all sides of the building(s) showing design of all elevations, existing grade, proposed grade, finish floor elevations, roof slopes, mechanical vents and equipment, location and type of outdoor light fixtures, design and location of all wall sign(s) and notations regarding exterior colors and material;

e.  Material specification outline with samples, brochures and/or photographs of all exterior building and site materials, finishes and fixtures.

f.   For all detached signs, site plans drawn to scale indicating sign location and drawings of proposed sign, lettering and graphics, drawn to scale of at least one-quarter inch to the foot including any support structures.  Colors of the proposed sign shall be indicated on the drawing and actual color samples shall also be furnished.  Any proposed illumination shall be indicated on the drawing.

3.  Authority to Approve Certificate of Appropriateness

a. The Planning and Development Director or designee is hereby charged with the duty and invested with the authority to approve a certificate of appropriateness for new construction and renovations when the project conforms to all standards and guidelines.b.  The Urban Design Commission is hereby charged with the duty and invested with the authority to enforce the Near Southside Development Standards and Guidelines for new construction and exterior renovations by hearing and deciding applications for certificates of appropriateness in accordance with this section. 

F.  Appeals

1. All decisions by the Planning and Development Director may be appealed to the Urban Design Commission.  A written notice of appeal must be filed with the Executive Secretary of the UDC within ten (10) days of notice of the decision of the Planning and Development Director or designee.  The standard of review for an appeal before the UDC shall be de novo.

2. All decisions other than actions relating to designation by the UDC may be appealed to the Appeals Board by the applicant.  A written notice of appeal must be filed with the City Secretary within ten days after receipt of notification of the UDC’s decision.   The written notice of appeal shall specify:

a. That the decision of the board is unreasonable, either in whole or in part; and

b. The grounds for the appeal.

3. The Appeals Board shall schedule a hearing on such appeal within 30 days after receipt of the notice of appeal, or as soon thereafter as reasonably practicable.  The Secretary of the UDC shall forward to the Appeals Board a complete record of the matter, including a transcript of the tape of the hearing before the UDC.  In consideration of an appeal, the Appeals Board shall:

a. Hear and consider testimony and evidence concerning the previous recommendations and actions of the city staff and the UDC;

b. Hear new testimony and consider new evidence that was not available at the time of the hearing before the UDC;

c. Apply the substantial evidence test to the decision of the UDC, considering the record made before the UDC;

d. Have the option to remand any case back to the UDC for further proceedings.

4. The Appeals Board may uphold, reverse or modify the decision of the UDC unless a continuance is agreed to by the owner/appellant.

5. A hearing before the Appeals Board shall exhaust the administrative remedies of the property owner/appellant under this title. Any owner/appellant aggrieved by the decision of the Appeals Board may file in District Court.