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§ 4.1308  BERRY/UNIVERSITY (“BU”) DISTRICT.
Editor’s note:
   The Attachment to Ord. 23647-05-2019, titled Exhibit A is on file in the City Secretary’s Office.
   (a)   Purpose and intent. It is the purpose of the Berry/University Form Based District to provide a more functional and attractive community through the use of recognized principles of urban design and allow property owners flexibility in land use. The design standards and guidelines and administrative procedures for new construction and certain renovations in the area prescribe a higher level of detail in building design and form.
   (b)   Uses. In the Berry/University ("BU") 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 the document "Berry/University Form Based Code," an adopted supplement to the city's zoning ordinance.
   (c)   Property development standards.
      (1)   The minimum dimension of lots and yards and the height of buildings in the Berry/University ("BU") District are as described by sub-districts contained and as shown in the document "Berry/University Form Based Code."
      (2)   The development standards may only be applied to that area known as the Berry/University District of Fort Worth, boundary as described in Exhibits B.34 and B.35, attached to Ordinance 22593-02-2017, added to Appendix B of the zoning ordinance and incorporated by reference.
   (d)   Other development standards. Development in the Berry/University ("BU") District is subject to the development regulations contained in the "Berry/University Form Based Code" document, attached as Exhibit "A" to Ordinance 23647-05-2019.  The Berry/University Form Based Code is hereby approved by the city council and included in the zoning ordinance by reference. All future amendments to the Berry/University Form Based Code must be considered by the urban design commission, the zoning commission and approved by the city council in accordance with the procedure set out in Chapter 3, Article 5 of the zoning ordinance.
   (e)   Development review process.
      (1)   Certificate of appropriateness required.  Within the Berry/University District, issuance of a certificate of appropriateness reflecting compliance the Berry/University Form Based Code 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 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 21 days before the meeting of the design review board at which the application for a certificate of appropriateness will be considered.
         a.   Copies of site plan including:
            1.   Footprints of all existing structures.
            2.   Proposed footprint of all new structures.
            3.   Existing structures adjacent to the property.
            4.   Building setbacks.
            5.   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, nine 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 development services 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 of the Berry/University Form Based Code.  The director or designee may refer any case to the UDC for review.
         b.   The urban design commission is hereby charged with and invested with the authority to enforce the Berry/University Form Based Code for new construction and exterior renovations by hearing and deciding applications for certificates of appropriateness with this section.
   (f)   Appeal.
      (1)   All decisions by the zoning administrator may be appealed to the urban design commission.  A written notice of the appeal must be filed with the executive secretary of the urban design commission within ten days of notice of the decision of the development services director or designee.  The standard of review before the UDC shall be de novo.
      (2)   a.   All decisions by the urban design commission may be appealed to the board of adjustment by the applicant. A written notice of appeal must be filed with the city secretary within ten days after receipt of notification of the urban design commission's decision. The written notice of appeal shall specify:
            1.   That the decision of the board is unreasonable, either in whole or in part; and
            2.   The grounds for the appeal.
         b.   The Board of Adjustment 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 Urban Design Commission shall forward to the Board of Adjustment a complete record of the matter, including a transcript of the tape of the hearing before the Urban Design Commission. In consideration of an appeal, the Board of Adjustment shall:
            1.   Hear and consider testimony and evidence concerning the previous recommendations and actions of the city staff and the urban design commission;
            2.   Apply the substantial evidence test to the decision of the urban design commission, considering the record made before the urban design commission;
            3.   Have the option to remand any case back to the urban design commission for further proceedings.
         c.   The board of adjustment may uphold, reverse or modify the decision of the urban design commission unless a continuance is agreed to by the owner/appellant.
(Ord. 22593-02-2017, § 1, passed 2-7-2017; Ord. 23647-05-2019, § 1, passed 5-7-2019, eff. 12-25-2019; Ord. 24030-02-2020, § 22, passed 2-4-2020)