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HomeMy WebLinkAboutOrdinance 11295+' ._,. ;~ ~.. ~~ ~yi, ORDINANCE N0. /~ •r~ AN ORDINANCE AMENDING CHAPTER 7, "BUILDINGS", OF THE CODE OF THE CITY OF FORT WORTH ( 1986) , AS AMENDED, BY ADDING A NEW ARTICLE X, "ADDITIONAL REQUIREMENTS APPLI- CABLE~TO CERTAIN HISTORIC STRUCTURES AND PROPERTY"; DECLARING THE PURPOSE AND INTENT OF THE ARTICLE; PRO- VIDING DEFINITIONS; PROVIDING FOR THE DESIGNATION OF HISTORIC STRUCTURES AND PROPERTY AND THE REMOVAL OF SUCH DESIGNATION; PROVIDING FOR AN HISTORIC RESOURCES SURVEY; REQUIRING CERTIFICATES OF APPROPRIATENESS FOR CERTAIN WORR ON STRUCTURES OR PROPERTY IN "HC" HISTORIC AND CULTURAL LANDMARK OVERLAY DISTRICTS; ESTABLISHING APPLI- CATION PROCEDURES FOR CERTIFICATES OF APPROPRIATENESS; PROVIDING CERTAIN REQUIREMENTS CONCERNING PUBLIC SAFETY HAZARDS AND EMERGENCY SECURING MEASURES; REQUIRING CERTIFICATES OF APPROPRIATENESS FOR DEMOLITION, RELOCA- TION OR REPAIR OF CERTAIN HISTORIC STRUCTURES AND PROP- ERTY; ESTABLISHING PROCEDURES FOR MODIFICATION OF REQUIREMENTS FOR CERTIFICATES OF APPROPRIATENESS WHEN CERTAIN FINDINGS ARE MADE CONCERNING HISTORIC SIGNIFI- CANCE OR UNREASONABLE ECONOMIC HARDSHIP; ESTABLISHING PROCEDURES FOR APPEALS FROM DECISIONS CONCERNING CERTIF- ICATES OF APPROPRIATENESS; ESTABLISHING PROVISIONS CONCERNING ENFORCEMENT; PERMITTING THE ORDINARY REPAIR AND MAINTENANCE OF CERTAIN HISTORIC STRUCTURES AND PROPERTY; ESTABLISHING PROVISIONS CONCERNING UNREASON- ABLE ECONOMIC HARDSHIP; PROHIBITING DEMOLITION BY NEGLECT OF CERTAIN HISTORIC STRUCTURES AND PROPERTY; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 7, "Buildings", of the Code of the City of Fort Worth (1986), as amended, be and is hereby amended by adding the following new Article: 0~'l~IC1A~ RECORD cn~ s~c~~rA~~ ~r. w0a~~, ~~~. ,, ARTICLE X. ADDITIONAL REQUIREMENTS APPLICABLE TO CERTAIN HISTORIC STRUCTURES AND PROPERTY Division 1. General Sec. 7-408. Pu se. The purpose of this Article is to protect, enhance and perpetuate structures and property of historic, cultural, architectural or archeological importance so as to promote the economic, cultural, educational and general welfare of the public. Sec. 7-409. Definitions. As used in this Article, the following words and terms shall have the meaning ascribed theretos CERTIFICATE OF APPROPRIATENESS: A signed and dated document evidencing the approval of the Landmarks Commission for work proposed by an owner or applicant. CITY COUNCIL: The City Council of the City of Fort Worth. CONTRIBUTING RESOURCE: A structure or property which in its historical, cultural, architectural or archeological character contributes to the purpose of an "HC" Overlay District and which is classified as a Contributing Resource in the design guidelines for an "HC" Overlay District. DEMOLITION: Any act or process that destroys or razes a structure or property in whole or in part or that perma- nently impairs its structural integrity. DESIGN GUIDELINESz Guidelines for an "HC" Overlay District which are adopted by the Landmarks Commission and are for the purpose of enhancing the historic, cultural, architectural or archeological character of an area or a structure or property. "HC" HISTORIC AND CULTURAL LANDMARK OVERLAY DISTRICTS A specified area which is designated as an "HC" Historic and Cultural Landmark Overlay District in accordance with Section 2-G of the Zoning Ordinance; also referred to as an "HC" Overlay District. Z ®fF1CIAt RECORD CITY SECRfT'~RY _~r. WORtN, tEX. T HISTORIC FEATURES: Those "character defining" architec- tural materials and features which give the exterior of a structure or property significance, including exterior materials and features of structures and property of all sizes, types, materials and treatments. HISTORIC PRESERVATION: The identification, evaluation, recordation, documentation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance and reconstruction of historic structures or property, or any combination of the foregoing activ- ities. HISTORIC RBSOURCBS SURVBY: The inventory of Historic Structures or Property maintained by the Landmarks Commission. HISTORIC STRUCTURE OR PROPBRTY: An individual structure or property that is designated as an Historic Structure or Property in accordance with Section 7-410 of the City Code. LANDMARKS COMliISSION: The Historic and Cultural Landmarks Commission of the City of Fort Worth. NON-CONTRIBUTING RESOURCB: A structure or property which, though within the boundaries of an "HC" Overlay District, does not contribute to the historical, cul- tural, architectural or archeological character thereof and which is classified as a Non-contributing Resource in the design guidelines for an "HC" Overlay District. NON-ESSENTIAL ELEgiENT: A structure or property which, though within the boundaries of an "HC" Overlay District, lacks the basic characteristics of an Historic Structure or Property and could be demolished or relocated with little or no consequence to the histori- cal, cultural, architectural or archeological character of the "HC" Overlay District, and which is classified as a non-essential element in the guidelines for the "HC' Overlay District. OBJECT: A material thing of functional, aesthetic, historical, cultural, architectural, archeological or scientific value that may be, by nature or design, movable yet related to a specific setting or environ- ment. ORDINARY REPAIR AND MAINTENANCE: Any work, the purpose and effect of which is to correct any deterioration or decay of or damage to a structure or property, or any 3 oF~cu~ o oc~ emr s~c~~r~~~ ~'. woRrH, r~x, part thereof, and to restore the same, as nearly as may be practicable, to its condition prior to such deter- ioration, decay or damage, using the same materials or those materials available which are as close as possible to the original and which must all comply with appli- cable codes and ordinances. Does not include a change in design, material or outward appearance; does include in-kind replacement or repair. PENDING DESIGNATION: A structure or property is pending designation as an "HC" Overlay District when an applica- tion for that designation has been filed and is pending before the Landmarks Commission, Zoning Commission or City Council. PROPERTY: A site, object or material thing of histori- cal, cultural, architectural or archeological value. REASONABLB RATS OF RBTIIRN: A reasonable profit or capital appreciation that may accrue from the use or ownership of a structure or property as the result of an investment or labor. RECONSTRUCTION: The act or process of reassembling, reproducing, or replacing by new construction, the form, detail and appearance of a structure of property and its setting as it appeared at a particular period of time by means of the removal of later work, or by the replace- ment of missing earlier work, or by reuse of original materials. REHABILITATION: The act or process of returning a structure or property to a state of utility through repair, remodeling or alteration that makes possible an efficient contemporary use while preserving those por- tions or features of the structure or property that are significant to its historical, cultural, architectural or archeological values. RELOCATION: Any change of the location of a structure, object or material thing in its present setting or to another setting. RESOIIRCBs A source or collection of sites, structures objects, or property that exemplify the social, eco- nomic, political, cultural, architectural or archeologi- cal history of the nation, state or city. RESTORATION: The act or process of accurately recover- ing the form and details of a structure or property and its setting as it appeared at a particular period of a OFFICIAI RTCORD CITY SECRTT~RY ~T. WORTH, TEX. time by means of the removal of later work or by the replacement of missing earlier work. SITB: The location of a signific ant event, a prehis- toric or historic occupation or activity, or a building, structure or cluster of buildings or structures, whether standing, ruined or vanished, where the location itself maintains historical or archeological value, regardless of the value of any existing structure. STABILIZATION: The act or process of applying measures designed to reestablish a weather-resistant enclosure and the structural stability of an unsafe or deter- iorated structure or property while maintaining the essential form as it presently exists. STROCTURB: Anything constructed or erected which requires location on the ground, or is attached to something having a location on the ground. t]R~l4F,ASONABLB ECONOMIC HARDSHIP: An economic burden imposed upon the owner which is unduly excessive and deprives the owner of the opportunity of realizing a reasonable rate of return upon the value of the owner's property, applying the test utilized by the Supreme Court of Texas in construing Article I, Section 17, of the Constitution of the State of Texas, 1876, in deter- mining the existence of an unreasonable economic hard- ship. Includes an excessive and unreasonable burden that may be imposed on an owner through affirmative obligations to maintain a structure or property. Goes not include a hardship which is self-imposed. ZONING COMMISSION: The Zoning Commission of the City of Fort Worth. ZONING ORDINANCB: The Comprehensive Zoning Ordinance of the City of Fort Worth, codified as Appendix "A" of the Fort Worth City Code. Sec. ?-410. Designation and Listing of Historic. Structures or Property.- a. Criteria for Designation. The following structures or property may be desig- nated by the City as "Historic Structures or Property': 1. An historic structure as defined in Section 442.001, Texas Government Code; s OffICIAl. RECORD Ct7Y SECRE~'ARY ft. wo~r~, ~'EX. 2. A structure or property that has been listed or designated or is potentially eligible for listing or designation under applicable cri- teria for: a) individual listing in the National Register of Historic Places, or listing as a contributor to a proposed National Register Thematic group, in accordance with the National Historic Preservation Act (16 U.S.C.A. 5470 et seq.); b) designation as a recorded Texas Historic Landmark, in accordance with Chapter 422, Texas Government Code; c) designation as a State Archeologi- cal Landmark, in accordance with Chapter 191, Texas Natural Resources Code; or d) designation by the City as an "HC" Overlay District, in accordance with Section 2-G of the Zoning Ordinance. 3. A structure or property in an "HC' Overlay District is, by virtue of such designa- tion, also classified as an Historic Structure or Property under this Article, but without the requirement of complying with the designation pro- cedures contained in Paragraph c below. b. Purpose of Designation The purpose of the Historic Structure or Property designation is to protect a wide range of historically, culturally, architecturally or archeologically signifi- cant structures or property from demolition or reloca- tion by requiring that before any such structure or property can be demolished or relocated a finding must be made that the structure or property: 1. has lost its historical, cultural, architectural or archeological significance; or 2. imposes an unreasonable economic hard- ship on the owner or owners and no feasible alter- natives to demolition or relocation exist. Such findings are made by the Landmarks Commission in accordance with the provisions of this Article, and the owners of Historic Structures or Property are required to obtain a Certificate of Appropriateness before demol- 6 OFFICIAL RECORD CITY SECRETARY ET. V~ORTN, TEX. ishinq or relocating such a structure or property (see Division 2 of this Article). c. Procedures for Designation 1. The procedures for designating Historic Structures or Property, other than those in "HC" Overlay Districts, are as fol- lowss a. The Landmarks Commission may nomi- nate a structure or property for designation if the structure or property meets the cri- teria listed in Paragraph a. above. b. The Landmarks Commission shall hold a public hearing concerning the proposed designation of a structure or property as an Historic Structure or Property. Such hearing shall be held within 45 days after the prop- erty is nominated by the Landmarks Commission, of as soon thereafter as is reasonably practicable. Before the 10th day before the hearing date, written notice of the public hearing shall be sent by the Historic Preservation Officer to the owner of the structure or property as indicated by the most recently approved municipal tax roll. The written notice may be served by its deposit in the City, properly addressed with postage paid in the United States Mail. At such hearing, the property owner and all other interested parties, including local preservation groups, shall have an oppor- tunity to be heard. ~lithin 30 days from con- clusion of the public hearing, or as soon thereafter as is reasonably practicable, the Landmarks Commission shall submit a recommen- dation to the City Council concerning whether the structure or property meets the appli- cable criteria and should be designated as an Historic Structure or Property. c. Within 45 days after receipt of the recommendation of the Landmarks Commission, or as soon thereafter as is reasonably prac- ticable, the City Council shall hold a public hearing concerning the proposed designation of an Historic Structure or Property. Before the 15th day before the date of the hearing, notice of the time and place of the hearing shall be published by the City se ~flC~ CORD ~ ChY SECRETARY ~. WORTH, TE1(. ;\ the City's official newspaper. At such hearing, the property owner and all other interested parties, including local preserva- tion groups, shall have an opportunity to be heard concerning the proposed designation. At the conclusion of the hearing, or as soon thereafter as is reasonably practicable, the City Council shall make a final determination concerning whether the structure or property meets the applicable criteria and should be designated as an Historic Structure or Property. when a structure or property has been designated as an Historic Structure or Property, including a structure or property that has been designated as an "HC" Overlay District, it shall be listed by the Historic Preservation Officer in the Historic Resources Survey. 2. The procedures for designating "HC" Overlay Districts are set forth in Section 2-G of the Zoning Ordinance. Sec. 7-411. Removal of the Historic Structure or Property Designation. a. An application for removal of the Historic Structure or Property designation can be made by the property owner, the Landmarks Commission or the City Council. b. The same notice and procedure that is followed in the designation of an Historic Structure or Property shall apply to removal of the designation, including approval by the City Council. c. The Historic Structure or Property designation may be removed for the following reasons: 1. It is determined that the structure or property is no longer historically, culturally, architecturally or archeologically significant and no longer meets the criteria for designation listed in Section 7-410 of this Article; or 2. The property owner has proved by clear and convincing evidence that the restrictions imposed by such designation create an unreasonable economic hardship upon the owner in accordance with the provisions of Division 3 of this Article. a DF~'ICIAI RECORD C~'Y SECRETARY fT. WORTH, TEX. d. The procedures for removing the "HC" Overlay District designation are set forth in Section 2-G of the Zoning Ordinance. Removal of the "HC" Overlay District designation will also remove the Historic Structure or Property designation, unless the structure or property is otherwise designated as an Historic Structure or Property under Section 7-410 of this Article. e. When the Historic Structure or Property desig- nation or the "HC" Overlay District designation is removed from a structure or property, the Historic Preservation Officer shall remove the structure or property from the Historic Resources Survey. Sec. 7-412. Historic Resources Survey; Filing Notice of Designation or Removal of Designa- tion. a. The Landmarks Commission shall maintain the Historic Resources Survey. Such survey shall list all structures and property in the City of Fort Worth which are designated as an Historic Structure or Property in accordance with Section ?-410 of this Article and shall include structures or property in "HC" Overlay Districts. b. The Historic Preservation Officer shall file in the deed records of the county clerk's office for the county where the structures or property are located a verified written instrument listing all Historic Structures or Property shown in the Historic Resources Survey. Such instrument shall list each structure or property bys 1. street address, if available in the City files; 2. legal description of the real property where the structure or property is located; and 3. the name of the owner of the real prop- erty, if available in the City files. Likewise, when a structure or property is no longer designated as an Historic Structure or Property under Section 7-410 of this Article, or when the "HC" Overlay District designation is removed, the Historic Preservation Officer shall file a written verified instrument stating that such classification no longer exists and identifying the structure or property. g O~F[C1A~ RE~ORQ C~'Y Sl"CRf~'ARY ~r. woRrH, r~r. c. The Historic Preservation Officer shall pro- vide a current copy of the Historic Resources Survey, and any changes therein, to the Building Official and the Superintendent of the Code Enforcement Division. Division 2. Certificates of Appropriateness Sec. ~-413. Certificates of Ate. propriateness Required. ' a. No person shall carry out any of the following work without obtaining a Certificate of Appropriateness issued by the Landmarks Commission in accordance with the provisions of this Division 2s 1. Demolition or relocation of an Historic Structure or Property. 2. Repair, reconstruction, alteration, addition, stabilization, restoration, or rehabili- tation, of: (a) a structure or property in an "HC" Overlay District; or (b) a structure or property which is .pending designation as an "HC" Overlay District. 3. New construction on real property which is in an "HC" Overlay District or is pending des- ignation as an "HC" Overlay District. 4. Material changes in any doors, roofs, windows, stonework, woodwork, light fixtures, signs, sidewalks, fences, steps, paving andlor other exterior elements visible from a public right-of-way which affect the appearance and com- patibility of any structure or property in an •HC" Overlay District, or of any structure on property which is pending designation as an •HC" Overlay District. b. No Certificate of Appropriateness is required for ordinary repair and maintenance of any structure or property if the proposed work does not involve a change in design, material or outward appearance. In-kind replacement or repair is considered to be ordinary repair and maintenance. Requests for permits for ordi- nary repair and maintenance of a structure or property to OffiClAi RECORD Cl~Y SECRf1'ARY ft. WORTH, i'~X. which is in an "HC" Overlay District, or is pending designation as an "HC" Overlay District, shall be reviewed and approved by the Historic Preservation Officer prior to issuance of the permits to determine that no Certificate of Appropriateness is required. c. The Certificate of Appropriateness required by this Section shall be in addition to any other permit or approval that is required by state or federal law. a Certificate of Appropriateness, where required, must be obtained prior to the issuance of any building, demoli- tion, relocation or other permit that is required by any code or ordinance of the City of Fort Worth. Sec. 7-414. Application Procedures for Certificate of Appropriateness. a. Prior to the commencement of any work requir- ing a Certificate of Appropriateness, the property owner shall file an application for a Certificate of Appro- priateness with the Department of Planning and Growth Management. The application will not be accepted until the application is determined by the Historic Preserva- tion Officer to be complete and correct. The applica- tion must contain all of the following: 1. name, address and telephone number of the owner(s); 2. a site plan showing the location of the structure or property; 3. photographs of all four elevations of the structure or property and adjacent structures or property; 4. detailed description of the proposed work (not applicable to demolition or relocation); 5. elevation drawings of the proposed changes, if applicable; 6. samples of, or appropriate information concerning, materials to be used (not applicable to demolition or relocation); 7. rationale for why the structure or prop- erty is no longer historically, culturally, architecturally or archeologically significant or groof of economic hardship if applicable; ~~ OFflCIAk RECORD CIT11 SECAtTARY FL WORTN, TEl(.. • ~.. 8. rationale for why the proposed change is compatible with or will not affect an "HC" Overlay District; 9. any other information which the Landmark Commission or staff deems reasonably necessary to visualize and evaluate the proposed work; and 10. signature of the owner verifying that the application is complete and correct. b. The City Manager or his designee shall direct the erection of at least one sign upon each property for which an application has been filed seeking a Certificate of Appropriateness for demolition or relo- cation of a structure or property. Where possible, such sign or signs shall be located in a conspicuous place or places upon such property at a point or points nearest any right-of-way, street, roadway or public thoroughfare abutting such property. Such sign or signs shall be so erected not less than ten days before the date set for public hearing before the Historic Landmarks Commission. Any such sign or signs shall be removed subsequent to the occurrence of the following: final action by the Landmarks Commission, or City Council on appeal, denying or approving the application for a Certificate of Appropriateness, or withdrawal of the application. Such sign or signs shall substantially indicate that an application is pending for demolition or relocation of the building or structure and shall further set forth that additional information can be acquired by tele- phoning the number indicated thereon. Such erection and/or the continued maintenance of any such sign or signs shall not be deemed a condition precedent to the holding of any public hearing, to the approval or denial of the Certificate of Appropriateness or to any other official action concerning such application. Sec. 7-415. Certificates of Appropriateness for Demolition or Relocation. a. When an application for a Certificate of Appropriateness is accepted by the Historic Preservation Officer for filing, and such application seeks approval of the demolition or relocation of a structure or prop- erty, the application shall be scheduled by the Landmarks Commission for a public hearing. b. Such hearing shall be held by the Landmarks Commission within 45 days after the application is filed, or as soon thereafter as is reasonably practi- cable. The Landmarks Commission may delay the hearing 12 Qf~ !~C A!. RECORD CIT1f S~CR~ ~ ARY F~. YIORTN, TAX. for a reasonable time if the Commission finds that all parties who have an interest in the structure or prop- erty (lawyer, owner, seller, broker, investor, etc.) are not present or that additional information needs to be provided to the Commission. c. At the hearing, the applicant and all other interested parties, including local preservation groups, will be heard concerning the proposed demolition or relocation. d. At the conclusion of the hearing, or as soon thereafter as is reasonably practicable, the Landmarks Commission shall take the following action: 1. I f the Commission f finds that the struc- ture or property is classified as a Non-essential Element in the design guidelines for an "HC" Overlay District, the Commission shall issue the Certificate of Appropriateness approving the demo- lition or relocation subject to the owner comply- ing with the design guidelines for the District. 2. If the Commission finds that a structure or property is no longer historically, culturally, architecturally or archeologically significant, the Commission shall issue the Certificate of Appropriateness approving the demolition or relo- cation, with or without conditions. In making this determination, the Commission must find that the owner has established by clear and convincing evidence that the structure or property has under- gone significant and irreversible changes which have caused it to lose the historic, cultural, architectural or archeological significance, qual- ities or features which qualified the structure or property to be designated as an Historic Structure or Property. 3. If the Commission finds that the owner is not entitled to a Certificate of Appropriateness as provided in Paragraphs 1 and 2 above, the owner shall have the right to introduce evidence to establish that the owner will suffer an unreasonable economic hardship if the Certificate of Appropriateness is not issued for the proposed demolition or relocation. The owner shall have the burden of establishing by clear and convincing evidence that an unreasonable economic hardship exists under the criteria set forth fn Division 3 of this Article. If the owner does not establish that an unreasonable economic hardship 13 O~C1At Rf CORD CITY STCRf TARP fT. WORTN, TfX. exists, the Certificate of Appropriateness shall be denied. If the owner does establish that an unreasonable economic hardship exists, the Landmark Commission may delay the issuance of a Certificate of Appropriateness for up to 180 days from the date of the Landmarks Commission hearing. During any delay period, the Commission, City staff, local preservation groups and interested parties shall explore with the owner any alterna- tives to demolition or relocation which may pro- vide economically viable uses for the structure or property. The burden shall be on the City to rec- ommend a plan to alleviate the unreasonable eco- nomic hardship. Such plan may include, but is not limited to, property tax relief, loans or grants from public or private resources, acquisition of the property by purchase or eminent domain, building code modifications, changes in applicable zoning ordinance provisions, including a transfer of development rights, or a variance from provi- sions of the zoning ordinance, to allow reasonable beneficial use of the structure or property. At the end of any delay period, if a suitable alternative plan has not been approved by the Landmarks Commission, the Commission shall issue the Certificate of Appropriateness for demolition or relocation, with or without conditions. e. Unless the Landmarks Commission determines otherwise, the Historic Preservation Officer shall accept from the Property Owner and shall file the fol- lowing documentation for any structure or property, other than a Non-essential Element, which is approved by the Commission for demolition or relocation: 1. Photographs of the structure, property or features to be demolished. 2. Written documentation of the architec- ture, and the structure or property. 3. Significant historical background of past owners and events in the structure or on the property. 4. Scale drawings of the floor plan. tion. 5. Scale drawings of the exterior eleva- O~EICIAI. RECORD 14 ~ CITY SECRETARY ET. WDRTN, fiEX. 6. A scale plan indicating the dimensions of the site and exact location of each structure, property and landscape feature on the site. 7. Documentation that the site has been rezoned (e.g. "PD" Planned Development), replat- ted, variances granted or other development requirements have been met; 8. Any other information which the Commission may deem reasonably necessary to record the proposed demolition or relocation, such as documentation in accordance with the Historic American Building Survey (NABS) or Historic American Engineering Resource Survey (AERS). Such documentation shall be filed with the Historic Preservation Officer before a Certificate of Appropri- ateness is issued for the demolition or relocation. Sec. 7-416. Public Safety Hazards and Emercxency Securing Measures. a. The Historic Preservation Officer is autho- rized to approve the issuance by the Building Official of permits for the emergency securing or stabilization of Historic Structures or Property. The Historic Preservation Officer must receive a written statement from the Building Official that there is an emergency or safety hazard before approving issuance of the permit. Such permits may be issued without a Certificate of Appropriateness from the Landmarks Commission if the Historic Preservation Officer finds that the condition of the structure or property constitutes a safety hazard which is likely to injure the public. The Historic Preservation Officer shall report the authorization of any such permits to the Commission at the next regular Commission meeting following the authorization. b. The City of Fort Worth shall not allow demoli- tion, demolish, or order to be demolished, in whole or in part, an Historic Structure or Property as a public safety hazard until the Historic Preservation Officer has been notified by the Building Official or the Superintendent of the Code Enforcement Division that an order for such demolition is being prepared. The Landmarks Commission shall be given an opportunity to discuss with City officials the feasibility of taking emergency measures to secure or stabilize the structure or property and delay the demolition so that other alternatives may be considered. After any emergency measures are taken, the Historic Preservation Officer is OFFICIAL REGQRp CITY SFCRfT~R~ ~r. wa~r~, ~~~. wishing to issue the order for demolition to review the condition of the structure or property and any plans for rehabilitation. If, after 30 days from the date of the notification to the Historic Preservation Officer, the Landmarks Commission finds that no feasible plan for further protection of the structure or property has been developed, a Certificate of Appropriateness shall be issued by the Landmarks Commission for demolition of the structure or property. When appropriate, the Landmarks Commission may make a recommendation to the City Council or other entities or persons about the feasibility of rehabilitation based on a report from the Historic Preservation Officer. Demolition shall be the alternative of last resort and shall occur only if there is no economically feasible way to rehabilitate the structure or property. Sec. 7-417. Certificates of Appropriateness for Work Other than Demolition or Relocation. a. When an application for a Certificate of Appropriateness is accepted by the Historic Preservation Officer for filing, and such application seeks a Certificate of Appropriateness for new construction, repairs, reconstruction, alteration, addition, stabili- zation, restoration or rehabilitation of a structure or property in an "HC" Overlay District, or a structure or property which is pending designation as an "HC" Overlay District, the application shall be scheduled by the Landmarks Commission for a public hearing. b. Such public hearing shall be held by the Landmarks Commission within 45 days after the applica- tion is filed, or as soon thereafter as is reasonably practicable. The Landmarks Commission may, however, delay the hearing for a reasonable time if the Commission finds that all parties who have an interest in the structure or property (lawyer, owner, seller, broker, investor, etc.) are not present or that addi- tional information needs to be provided to the Commission. c. At the hearing, the applicant and all other interested parties, including local preservation groups, will be heard concerning the proposed work. d. In considering the application, shall determine whether the proposed work the design guidelines for an "HC" Overlay where applicable, the fallowing criteria: 16 the Commission complies with District and, OfFICIAI RECORD Cifl SECRffARY R. WORTH, TEX. 1. A structure or property shall be used for its historic purpose or be placed in a new use that is permitted under the Zoning Ordinance. Such use shall require minimal change to the defining characteristics of the structure, prop- erty, site and environment. 2. The historic character of a structure or property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a structure or property shall be avoided. 3. Each structure or property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other structures or property, shall not be undertaken. 4. Most structures and property change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes and con- struction techniques or examples of craftsmanship that characterize a structure or property shall be preserved within the limits permitted by appli- cable codes and ordinances. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a dis- tinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials, provided such materials meet other applicable codes and ordinances. Replacement of missing features shall be substantiated by documentary, physical or pic- torial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, ff appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and pre- served. If such resources must be disturbed, mit- igation measures shall be undertaken. 17 OFFICIAL RECORD CIiY SECRETARY FL -NORTN, [kX. 9. New additions, exterior alterations, or related new construction shall not destroy his- toric materials that characterize the structure or property. The new work shall be differentiated from the old and shall be compatible with the mas- sing, size, scale and architectural features to protect the historic integrity of the structure or property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essen- tial form and integrity of the historic structure or property and its environment will be unim- paired. 11. New construction which takes place after demolition or removal of a structure or property has been approved must comply with the design guidelines for the "HC" Overlay District. e. At the conclusion of the hearing, or as soon thereafter as is reasonably practicable, the Landmarks Commission shall take the following actions 1. If the Commission finds that the pro- posed work will comply with the criteria listed in Paragraph d. above, and any design guidelines for an "HC" Overlay District, the Conaaission shall issue a Certificate of Appropriateness for the work, with or without conditions. 2. If the Commission determines that the proposed work will not comply with the criteria listed in Paragraph d. above, and any design ,guidelines for an "HC" Overlay District, the owner shall then have the right to introduce evidence to prove to the Commission that the owner will suffer an unreasonable economic hardship if the owner is required to do the proposed work in accordance with the criteria listed fn Paragraph d. above and any design guidelines for an •HC" Overlay District. The owner shall have the burden of establishing by clear and convincing evidence that an unreasonable economic hardship exists under the criteria set forth in Division 3 of this Article. If the Commission finds that no unreasonable eco- nomic hardship exists, the Certificate of Appropriateness will be denied. If the Cosmnission finds that an unreasonable economic hardship exists, the Commission may grant a deviation from the criteria listed in Paragraph d. above and from 18 ~~~~~ R~~Q~~ CITY SECR~]'~RY f t. YIiORt~, T~'X. any design guidelines for an "HC" Overlay District, and may issue a Certificate of Appropri- ateness for the proposed work, with or without conditions. In determining whether to grant such a deviation, the Commission shall consider the extent to which a deviation is necessary to remove the unreasonable economic hardship, whether granting the deviation will harm an existing or proposed "HC" Overlay District and whether the proposed work is in harmony with the spirit and purposes of Section 2-G of the Zoning Ordinance. The Commission, City staff, local preservation groups and interested parties shall explore with the owner alternatives for performance of the pro- posed work that will preserve the structure or property to the greatest extent that is econom- ically feasible. If a deviation is granted, the Certificate. of Appropriateness for the proposed work shall state the terms and conditions of the deviation. f. The Zoning Board of Adjustment shall not have jurisdiction to grant any variance or special exception from the criteria listed in Paragraph d. above or from the guidelines for an "HC" Overlay District. Sec. ~-418. Salvage Plan. in connection with any Certificate of Appropriate- ness for demolition, relocation or other work on a structure or property of significant architecture or workmanship, the Commission may prepare and submit to the owner, at or before the issuance of said Certif- icate, a salvage plan. Such plan may suggest salvage and preservation for reuse in restoration elsewhere, specified classes of building materials, architectural details, ornaments, fixtures and the like. Also, in connection with any such Certificate of Appropriateness, the Commission may require the preservation of trees, shrubs and other landscaping of substantial signifi- cance. Sec. 7-419. Anneal to Citv Council. Any owner dissatisfied with the action of the Landmarks Commission regarding the issuance or denial of a Certificate of Appropriateness shall have the right to appeal to the City Council within 10 calendar days after receipt of notification of such action. Written notice of such appeal shall be filed with the City Secretary and the Ristorfc Preservation Officer. Such appeal shall be a de novo hearing concerning whether a 19 OF~~~~ ~~~ ~~ ~: `, ' ; ~: ~_ ~.' ~~:, t s~ Certificate of Appropriateness should be issued or denied. The City Council shall schedule a hearing on such appeal within 30 days after receipt of the notice of appeal, or as soon thereafter as is reasonably prac- ticable.. Notice of such hearing shall be published by the City Secretary in the City's official newspaper not less than the 15th day before the date of the hearing. At the hearing, the owner and all interested parties, including local preservation groups, will have the opportunity to be heard. The City Council shall approve, deny or approve with conditions the Certificate of Appropriateness within 30 days of the appeal hearing unless a continuance is agreed to by the owner. The same criteria considered by the Landmarks Commission as set forth in Divisions 2 and 3 of this Article shall be applied by the City Council in arriving at its decision as Lo whether a Certificate of Appropriateness should be issued or denied. Sec. ?-420. Issuance of Certificate. a. When a Certificate of Appropriateness is required for demolition, relocation or other work, the Building Official shall not issue a permit for such work until the Certificate of Appropriateness has been issued by the Landmarks Commission or the City Council on appeal. b. All decisions of the Landmarks Commission and the City Council on appeal shall be in writing. Such decisions of the Landmarks Commission and any decisions of the City Council shall state the findings of the Comm.~ssion and Council pertaining to the approval, denial or approval with conditions of the Certificate of Appropriateness. Such decisions may limit the period for which a Certificate of Appropriateness is valid. The Historic Preservation Officer shall provide copies of the decisions of the Landmarks Commission and any decisions of the City Council to the applicants, the Building Official and the Superintendent of the Code Enforcement Division. Sec. 7-421. Refiling of Application for Certificate o= Appro i~ When an application for Certificate of Appropriate- ness is denied by the Landmarks Commission, or the City Council on appeal, or when the owner has withdrawn an application after the application has been scheduled for hearing, no new application of like nature shall be accepted by the City or scheduled for a hearing by the Landmarks Commission for a period of twelve months fol- lowing the date of denial or withdrawal, unless the 2 o OFFICIAL Rf CORD CITY SFCR~'ARY FT. VYORTN, tEX. application is denied without prejudice; provided, however, on receipt of written request by the original applicant describing substantially changed conditions since prior consideration of the application to justify an earlier consideration of the application, the Land- marks Commission may waive the mandatory delay period and authorize the acceptance of a new application. Sec. 7-422. Enforcement. All work performed pursuant to a Certificate of Appropriateness issued under Division 2 of this Article shall conform to any requirements included herein. It shall be the duty of the Historic Preservation Officer with the assistance of City staff to periodically inspect any such work to assure compliance. If work is found that is not performed in accordance with the Certificate of Appropriateness, or upon notification of such fact by the Commission and verification by the Building Official, the Building Official shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on a project while a stop-work order is in effect. Division 3. Unreasonable Economic Hardship Sec. 7-423. Declaration of Unreasonable Economic Hardship. The Landmarks Commission may declare that an unrea- sonable economic hardship exists as a basis for: a. recommending removal of the "HC" Overlay District designation as provided in Section 2-G of the Zoning Ordinance; b. recommending removal of the Historic Structure or Property designation as provided in Section 7-411 of this Article; c. issuing a Certificate of Appropriateness approving the demolition or relocation of an Historic Structure or Property, as provided in Section ?-415 of this Article; or d. granting a deviation and issuing a Certificate of Appropriateness approving new con- struction, repairs, reconstruction, alteration, addition, stabilization or rehabilitation work on a structure or property in an "HC• Overlay District, or on a structure or property which is 21 OFFICIAL RECORD CRY SECRETARY fi. WOATN, TEX. pending designation as an "HC" Overlay District, as provided in Section 7-417 of this Article. Sec. 7-424. Proof Required. a. when a claim of unreasonable economic hardship is made, the owner must prove by clear and convincing evidence that: 1. the owner cannot realize a reasonable rate of return on the structure or property, unless the "HC" Overlay District or Historic Structure or Property designation is removed or the proposed demolition, relocation or other work is allowed, regardless of whether that return rep- resents the most profitable return possible; 2. the structure or property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable rate of return; and 3. if the owner has made substantial ongoing efforts within the immediately past two years to find a bona fide purchaser or tenant interested in acquiring or leasing and preserving the structure or property at a reasonable price and efforts have failed. b. The evidence of unreasonable economic hardship introduced by the owner may, where applicable, include proof that the owner's affirmative obligations to main- tain the structure or property make it impossible for the owner to realize a reasonable rate of return on the structure or property. Sec. 7-425. Consultation and Search for Alterna- tives. In accordance with the provisions of Sections 7-415 and 7-417 of this Article, the owner, the Landmarks Commission, local preservation groups and interested parties shall consult in good faith in a diligent effort to seek alternatives that will eliminate the unreason- able economic hardship and preserve the structure or property. Sec. 7-426. Affidavit of Hardship. As evidence that an unreasonable economic hardship exists, the owner shall submit the following information to the Landmarks Commission by affidavit: 2 2 OFFICIAL RECORO CITY SECRf TARY FT. WORT'!i, tEX. a. For all structures and property: 1. the past and current use of the struc- tures and property; 2. the name and legal status (partnership, corporation, etc. of the owners and their federal income tax bracket; 3. the original purchase price of the structures and property; 4. the assessed value of the structures and property according to the 2 most recent tax assessments; 5. the amount of real estate taxes on the structures and property for the previous 2 years; 6. the date of purchase or other acquisi- tion of the structures and property, such as by gift or inheritance, and the party from whom pur- chased or otherwise acquired; 7. principal balance and interest rate on current mortgage and the annual debt service on the structures and property, if any, for the pre- vious 2 years; 8. all appraisals obtained by the owner or applicant within the previous 2 years in connec- tion with his or her purchase, financing or owner- ship of the structures and property; 9. any listing of the structures and prop- erty for sale or rent, price asked and offers received; 10. any consideration given by the owner to profitable adaptive uses for the structures and property; 11. any replacement construction plans for proposed improvements on the site; 12. financial proof of the owner's ability to complete any replacement project on the site, which may include but not be limited to a perfor- mance bond, a letter of credit, a trust for com- pletion of improvements, or a letter of comaaitment from a financial institution; and 23 13. the current fair market value of the structures and property as determined by a qualified appraiser approved by the Landmarks Commission. When a resident homeowner is unable to meet the requirements of this paragraph, the Landmarks Commission may waive any of the above requirements and/or request substitute information. b. For income producing structures and property, the owner shall provide a profit and loss statement containing the following information: 1. annual gross income from the structures and property for the previous 2 years; 2. itemized operating and maintenance expenses for the previous 2 years, including proof that adequate and competent management procedures were followed; 3. annual cash flow, if any, for the previ- ous 2 years; and 4. proof that the owner has made reasonable efforts to obtain a reasonable rate of return on the owner's investment or labor. Division 4. Demolition by Neglect Sec. ?-42?. Prevention of Demolition by Neglect. a. No owner or person with an interest in real property which is the site of an Historic Structure or Property, including a structure or property in an "HC• Overlay District, whether occupied or not, shall permit the structure or property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Landmarks Commission, produce a detri- mental effect upon the character of the structure or property, or upon an "HC" Overlay District as a whole, if the structure or property is in an "HC" Overlap District. Examples of such deterioration include: 1. deterioration of exterior walls or other vertical supports; 2~ OFFICIAL RECORD CITY SECR~?ARY f T. WORTH, TES, 2. deterioration of roofs or other horizon- tal members; 3. deterioration of exterior chimneys; 4. deterioration or crumbling of exterior stucco or mortar; 5. ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors; 6. deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety; or 7. deterioration or removal of any unique exterior architectural feature which would detract from the original architectural style. b. No owner or person with an interest in prop- erty which is the site of an Historic Structure or Property, including a structure or property in a "HC• Overlay District, whether occupied or not, shall permit the interior portions of such structure or property to fall into a serious state of disrepair which, in the judgment of the Landmarks Commission, produces a detri- mental effect upon the structural integrity of such structure or property which could make demolition neces- sary for the public safety. c. If a City officer finds that there are reasonable grounds to believe that any of the conditions described in Paragraphs a. or b. above exist, then that officer shall notify the Historic Preservation Officer and shall give written notice of such fact to the record owner of the property and shall otherwise proceed to enforce the building code and other City codes and ordinances. Division 5. Enforcement, Legal Procedure; Penalties Sec. 7-426. Enforcement, Leval Procedure, Penalties. a. It shall be the duty of the City Manager, through the proper departments, to enforce this Article. b. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with the 25 OFFICtAI RECORD s~~db~pa1 d~ ~; provisions of this Article shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall consti- tute a separate offense. c. If an Historic Structure or Property, including a structure or property in an "HC" Overlay District, is demolished or relocated without a Certificate of Appropriateness, then the following restrictions shall be applicable to the site where the structure or property was formerly located: 1. No building or other permits will be issued for construction on the site, with the exception of a permit to restore such structure or property after obtaining a Certificate of Appropriateness, for a period of three years after the date of such demolition or removal. 2. No permits shall be issued by the City for any curb cuts on the site for a period of three years from and after the date of such demo- lition or removal. 3. No parking lot for vehicles shall be operated on the site for a period of three years from and after the date of such demolition or removal. 4. The owner of the site shall maintain the site in a clean and orderly state and shall prop- erly maintain all existing trees and landscaping on the site. When these restrictions become applicable to a particular site, the Historic Preservation Officer shall cause to be filed a verified notice thereof in the real property records of the county where the site is located and such restrictions shall then be binding on future owners of the property. The restrictions imposed by this paragraph shall be in addition to any fines imposed pursuant to paragraph b. above. d. The provisions of this Section shall apply in addition to other enforcement procedures or penalties which are available at law or in equity, including, but not limited to, those available under Section 315.006 of the Texas Local Government Code and Section 442.016 of the Texas Government Code. ~~C~ R z 6 CITY SECR~TARl~ ~r. woRr~, rf~r, , SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordi- nances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sen- tence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each 27 ~ OFFiCiAL RECORD CITY SECRETARY FTe WORTH, T~~. offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of any other ordinances which have accrued at the time of the effec- tive date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provi- sions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effec- tive date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. 2s OfF1C1Al RECORD CITY SECRETARY ~'. WORTH, TEX. ~~ V~ C, 1 SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITYz lam./ City Attorney Date: ~~~ ~ '°~ 3 ADOPTED: ~ /J-~ ~~ EFFECTIVE : ~ ~~ '~~ 0~'I~ICI~I RECORD z9 CltY SECRf~AR~ f ~'. WORt!!, ,!',