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§ 4.406  TCU RESIDENTIAL (“TCU”) OVERLAY DISTRICT.
   (a)   Purpose and intent. The purpose of the TCU residential overlay district is to facilitate preservation of existing single-family residential neighborhoods by establishing limitations and special requirements on property uses within the area that are inconsistent with the underlying zoning and original construction thereof by providing a mechanism for making such inconsistent uses compatible.
   (b)   Applicability. The requirements set forth in this section shall only apply to one-family zoned property located within the boundaries of the TCU residential overlay district.  These requirements should be applicable in addition to any other requirement set forth in the zoning ordinance or any other section of the Fort Worth City Code.  Should a requirement set forth in this section conflict with another requirement set forth in the zoning ordinance, the requirement set forth in this section shall, unless otherwise provided, supersede the zoning requirement to the extent of such inconsistency.
   (c)   Boundaries. The specific boundaries of the TCU residential overlay district are shown on the official zoning map maintained by the city and depicted and attached as Exhibit B.32.
   (d)   Zoning classification.
      (1)   TCU residential overlay district. The TCU residential overlay district is designed as an overlay to the base zoning district. Property located within this zoning overlay must also be designated as being within one of the base zoning districts. Permitted uses must be allowed in both the base zoning district and the overlay district and must comply with height, yard, area and parking requirements of the base zoning district.
      (2)   Zoning designation. The zoning designation of the property located within the TCU residential overlay district shall consist of the base zoning symbol and the overlay symbol as a suffix. For example, if a parcel is zoned "A-5" and is also located in the TCU residential overlay district, the zoning of the parcel would be "A-5/TCU."
   (e)   Use restrictions. No more than three unrelated persons may occupy a single dwelling unit in the TCU residential overlay district unless the owner has registered as a nonconforming use by March 31, 2015. When counting the number of unrelated persons in a single dwelling unit, persons related by blood, marriage or adoption shall count as one unrelated person, provided all other persons shall each count as one unrelated person.
   (f)   Discontinuance of nonconforming use. A residential nonconforming use in the TCU residential overlay district, when discontinued or abandoned, shall not be resumed. Discontinuance or abandonment shall be defined as when a building ceases to be occupied in a bona fide manner as a nonconforming use for a period of 24 consecutive calendar months; provided, however, use of a building by persons related by blood, marriage or adoption for up to a 24 month period of time shall not affect the nonconforming status of the building. All other sections of App A. Chapter 7, "Nonconformities" shall apply.
   (g)   Procedure for registering as nonconforming. Owners of a building located within the TCU residential overlay district being occupied by four or five unrelated persons, or issued a building permit as of the effective day of this ordinance, may continue such use by registering as a nonconforming use on or before March 31, 2015.  Application for registering as a nonconforming use shall be made by submitting to the planning and development department a completed application on a form approved for such purpose by the development services director.  Registration as a nonconforming use shall limit occupancy to the demonstrated preexisting density not to exceed five unrelated persons. Failure to register as a nonconforming use with the planning and development department shall result in failure to obtain nonconforming use status.
(Ord. 21547-12-2014, § 1, passed 12-2-2014, eff. 12-8-2014; Ord. 24030-02-2020, § 22, passed 2-4-2020)