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HomeMy WebLinkAboutOrdinance 10444~. ",: ~~ ~. ,- ~. '" ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE N0. 3011, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, TEXAS, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, (1986), AS AMENDED, BY AMENDING SECTION 2-G "HC" HISTORIC AND CULTURAL SUBDISTRICT TO READ "HC" HISTORIC AND CULTURAL LANDMARK SUBDISTRICT; BY CHANGING THE NAME OF THE HISTORIC AND CULTURAL ADVISORY BOARD TO THE HISTORIC AND CULTURAL LANDMARK COMMISSION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; PROVIDING FOR ENGROSSMENT AND ENROLL- MENT; 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 Ordinance 3011, as amended, be amended by changing the i name of the Historic and Cultural Subdistrict to the Historic and Cultural Landmark Subdistrict and ch nging the name of the Historic and Cultural Advisory Board to he Historic and Cultural Landmark Commission so that Section 2-G will read as follows: Sec. 2-G "HC" HISTORIC AND CULTURAL LANDMARK SUBDISTRICT The Historic and Cultural Landmark Subdistrict is created as a subdistrict to provide for the protection and preservation of places and areas of historic and cultural importance and significance. Any such place or area may be designated as "HC" Landmark Subdistrict by the City Council The applica- tion for "HC" Landmark zoning is submitted by the Historic and Cultural to the Zoning Commission who in turn recommends to the City Council. Such designation would foster: (1) the safeguarding of the heritage of the City of Fort Worth by the preservation of a place or area which reflects elements of the City's cultural, social, economic, political or architectural history; (2) the protection and improvement of property values; (3) the encouragement of civic beauty; and (4) the promotion of the use of such a place or area for the education, pleasure and welfare of the public. .~, Any zoning district may be followed by the suffix "HC", indicating that such zoning district is subject to the use regulations of both the designated district and the Historic and Cultural Landmark Subdistrict. There is also created the Historic and Cultural Landmark Commission and the Commission's subordinate Permit Committee. The Commission's jurisdiction shall extend to and include the adoption of a preservation plan (in cooperation with the Plan Commission), the initiation andlor review of Historic and Cultural Landmark Subdistrict zoning applications, the preparation and/or review of guidelines therefore, and the hearing and deciding of applications and appeals from the Permit Committee. A. ORGANIZATION OF THE BOARD 1. Creation and Appointment: There is hereby created an Historic and Cultural Landmark Commission of the City of Fort Worth, Texas, to be composed of nine (9) members who shall be qualified electors of the City of Fort Worth It is declared policy that the City Council will consider for appointment to the Historic and Cultural Landmark Commission only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, understanding of historic preservation and planning and availability to prepare for and attend meetings. Whenever feasi- ble, five appointees should be practicing profes- sionals from the fields of architecture, landscape architecture or urban planning. 2. Membership; Terms of Office: The City Council shall appoint the Commission, which shall consist of nine (9} members, and who shall serve in places numbered 1 through 9. Members appointed to odd-numbered places shall serve terms which expire October 1, 1985. Members appointed to even-numbered places shall serve terms which expire on October 1, 1984. There- after, members shall serve two-year terms. No member shall serve more than three consecutive two-year terms, and the terms of current members of the Commission shall be counted toward the limit of terms to be served for purposes of this ordinance. The Development Director, the Planning -2- _~ Director and the Building Official shall be ex officio non-voting members of the Commission. 3. Organization: The Commission shall hold an organizational meet- ing within thirty (30) days of appointment in October of each year and shall elect a chairman and vice chairman from among its members before proceeding to any other matters of business. The Planning Director of the City of Fort Worth, or his designated representative shall serve as local historic preservation officer. The Commission shall meet regularly and shall designate the time and place of its meetings. The Commission shall adopt its own rules of procedure and keep a record of its proceedings in accordance with the state statutes and this ordinance and the charter of the City of Fort Worth. Newly appointed members shall be installed at the first regular meeting after their appointment. 4. Meetings and Quorum: Five (5) members of the Commission shall consti- tute a quorum for the conduct of business; how- ever, five (5) affirmative votes shall be required to decide any issue before the Commission. The members of the Commission shall regularly attend meetings and public hearings of the Commission and shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties. 5. Review of Historic and Cultural Needs: The Commission shall keep itself informed with respect to the historic and cultural heritage of the City of Fort Worth as it occurs in the physi- cal environment and shall recommend to the .City Plan Commission and Zoning Commission when, in its opinion, conditions indicate a need for changes through the established legislative procedure in accordance with the rules and policies of the City of Fort Worth. 6. Historic and Cultural Needs: The Commission shall designate a Permit Committee composed of three (3) appointed Commission mem- bers, the Building Official and the Planning Director. -3- The Permit Committee shall review all applications for permits to construct, alter, reconstruct, modify, remove or demolish any structure or site for conformance to guidelines and other provisions of this ordinance and instruct the Building Official to grant or deny the applications accord- ing to their findings. Instructions to grant an application shall only be made upon affirmative vote of three (3) members of the Committee . The decisions of the Permit Committee shall be the same as if made by the Commission. 7. Attendance: When a member of the Commission is absent from three (3) consecutive meetings of the Commission, or misses twenty-five (25~) percent or more of the meetings of the Commission in a twelve (12) month period, the Chairman, Vice-Chairman or Secretary of the Commission shall report this fact to the City Secretary in writing, within ten (10) days of the third missed meeting in accordance with the "absence rule" Section 2-82 of the Fort Worth City Code. B. DUTIES AND POWERS OF THE COMMISSION The Historic and Cultural Landmark Commission shall have the powers and exercise the duties of a Commission in accordance with the provisions of this Ordinance, the City Charter and article lOllg, Revised Civil Statutes of Texas. Commission members or representa- tives of the City, when given written permission by the property owner, shall have the option of inspection of premises where required in the discharge of their responsibility under the laws of the State of Texas and the ordinances of the City of Fort Worth. The Commission's jurisdiction shall extend to and include preparation andJor review of Historic and Cultural Landmark Subdistrict Zoning Applications, the prepara- tion and/or review of guidelines therefore, and the hearing and deciding of applications and appeals from the Permit Committee. 1. Preparation of a Preservation Plan: The Historic and Cultural Landmark Commission shall adopt, in cooperation with the Plan -4- Commission, a Preservation Plan to be incorporated into the City of Fort Worth Comprehensive Plan. The Preservation Plan shall include: (1) a survey of structures and environmental features, (2) criteria used in identifying and prioritizing sites and (3) general description of forms and styles found in Fort Worth. The Plan will also include criteria for selecting and preserving sites and districts. The plan will recommend the coordination required with other departments and other public and private groups to implement preservation. The Historic and Cultural Landmark Commission shall review the preservation plan every five (5) years. Revision to the plan may be made at any time in accordance with rules and policies of the City of Fort Worth, when such is the review of the Commission. 2. Recommendations for Historic and Cultural Landmark Subdistrict Changes: The Commission shall recommend the establishment or modification of Historical and Cultural Landmark Subdistricts when, in its opinion, preser- vation of Fort Worth's cultural heritage requires or justifies the extension of protection afforded by that designation or conditions require the deletion of that protection In making such recom- mendations, the Commission shall consider, but shall not be limited to one or more of the follow- ing criteria: (a} Character, interest or value as part of the development, heritage or cultural characteris- tics of the City of Fort Worth, State of Texas or the United States; (b) Embodiment of distinguishing characteristics of an architectural type or specimen; (c) Identification as the work of an architect or master builder whose individual work has contributed to the development of the City; (d) Embodiment of elements of architectural design, detail, materials or craftsmanship -5- which represent a significant architectural innovation; (e) Relationship to other distinctive buildings, sites or areas which are eligible for preser- vation according to a plan based on architec- tural, historic or cultural motif; (f) Archeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest; (g) Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, State or the United States; (h) Location as the site of a significant his- toric event; (i) Identification with a person or persons who significantly contributed to the culture and development of the City, State or the United States; (j) A building or structure that, because of its location, has become of particular signifi- cance to a neighborhood, community area or the City; (k) Resources, whether natural or manmade, contri- buting to the character or image of a defined neighborhood or community area; (1) Recognition as a recorded Texas historic land- mark, a national historic landmark or entered into the national register of historic places. In making the determination for need of an Historic and Cultural Landmark Subdistrict, the Commission shall be empowered to hold public hear- ings and collect evidence and testimony from whatever sources they deem necessary. Upon determination of the need for an Historic and Cultural Landmark Subdistrict change, the Commission shall initiate the zoning change and shall testify through its appointed spokesman as to the justification therefore before the City Council and City Zoning Commission. -6- No changes in the Historic and Cultural Landmark Subdistrict Zoning Ordinance and Preservation Plan shall be considered without the recommendation of the Historic and Cultural Landmark Commission first being entered at the required public hear- ings. No change of zoning on property within an Historic and Cultural Landmark Subdistrict shall be consid- ered without the recommendations of the Commission being entered at the required public hearings or the Zoning Commission and the City Council. Consideration for changes in Historic and Cultural Landmark Subdistricts shall not depend on ques- tions relating to possible guidelines but shall only consider the merits and needs for historic and cultural preservation. 3. Promulgation of Guidelines: Upon designation by the City Council of a Historic and Cultural Landmark Subdistrict, and following submission of a set of guidelines meeting minimum standards of the [Secretary of the Interior's Standards for Rehabilitation] by the applicant, the Commission shall within sixty (60) days review for approval such guidelines prepared by the appli- cant specifically for that subdistrict for use by property owners and the administrative staff in implementing the intent of this ordinance. A copy of these guidelines shall be on file in the office of the Building Official. The guidelines will classify all structures and sites within the district as one of the following: Landmark - A building or site of immeasurable value in preserving the cultural heritage, or an outstanding example of design or a site closely related to an important personage, act or event in history. Such designation marks the site for preservation and restoration to its historical character and is intended to discourage modifica- tions which detract from historical significance. Contributing Elements - A building or site which in its historical character contributes to the subdistrict purpose. Such designation is intended to encourage restoration and preservation, but also allow and encourage adaptive reuses and en- -7- courage continued economic and social vitality of the subdistrict shall be considered a contributing element. Non-Essential Elements - A building or site which, though within the physical boundaries of the sub- district, does not contribute to the cultural and historic value thereof. Such designation is meant to provide greater latitude for utilization of the site or structure, but all modifications shall conform to the guidelines The guidelines shall establish acceptable physical characteristics of structure and sites and modifi- cations thereto including layout and location on site, size, shape, materials and textures, fenes- tration and interiors where applicable. The guidelines so established shall apply to all additions, deletions, alterations and modifica- tions to structures and sites within a subdis- trict but shall not be imposed on those buildings or sites or portions thereof not subjected to change. In reviewing guidelines for approval, the Commission shall avail themselves of all informa- tion necessary from staff and other sources and shall be empowered to hold public hearings if needed. The Commission may suspend action on any requests affecting any Historic and Cultural Landmark Subdistrict pending the preparation of these guide- lines. Subdistrict guidelines may be reviewed and modified by the Commission when requested by prop- erty owners, staff or other interested party. Modifications to guidelines for any district may be promulgated by the Commission following the same procedures used during promulgation of the original guidelines Guidelines shall have the validity of any Commission ruling and shall be so enforced by the enforcing authority. Invalidation of any portion of the guidelines shall not affect the validity of any other portion. -8- 4. Approval for Demolition or- Removal: Upon the receipt of a demolition or removal appli- cation affecting structures within an Historic and Cultural Landmark Subdistrict, the Building Official shall submit the request directly to the Permit Committee for its consideration. (a) Should the Committee determine that the appli- cation involves improvements to existing buildings not historically and culturally significant and not contributing to the integ- rity of the district, it may approve the application for permit, subject to the owner complying with the established guidelines for the subdistrict. (b) Should the Committee determine that the demolition or removal may be detrimental to the integrity of the subdistrict, the applica- tion shall be referred to the Commission, where restrictions or conditions may be imposed. (c} Should the application involve significant elements of the historic and cultural Landmark subdistrict or elements contributing to the integrity of the subdistrict, then the Committee shall refer to application to the Commission. The Commission's decision on the application shall be subject to a minimum delay of sixty (60} days or to as much as one hundred eighty (180) days during which time staff and Commission shall endeavor to ex- plore with the owner alternatives to demoli- tion or removal which may provide viable uses for the subject of the application. Should an accommodation be reached, then the applica- tion is to be remanded to the Permit Committee and the provisions of Subparagraph (b) above shall prevail; should no alterna- tive be satisfactory to both the owner and the Commission within this period, then the Commission shall deny or honor the applica- tion subject to an additional ninety (90) day delay during which time alternative strate- gies of ownership and use may be explored with the owner, including use of other reme- dies available to the City of Fort Worth. -9- (d) In addition to the requirements above, those structures identified as primary resources potentially eligible for listing in the National Register of Historic Places by the City of Fort Worth's survey of historic re- sources, referred to in B.1. herein or listed in the National Register of Historic Places, may not be demolished, moved or removed for ninety (90) days after an application for demolition move or removal has been made. The Chairman of the Historic and Cultural Landmark Commission shall immediately be notified by the Building Official in order that the preservation of the structure may be pursued with the property owner, within the ninety-day grace period. If such plans cannot be made within this specified time, then a permit for demolition, move or removal may be issued. A list of the designated primary and National Register of Historic Places resources shall be maintained in the office of the Building Official. The application shall include both photographic documentation of the structure to be demolished, exterior and architecturally significant interiors, as well as written documentation or the architecture of the structure, the significant Historical background or the structure, its past and present occupants, and any significant events that occurred on the premises. 5. Approval of Modification and New Construction: A permit and certificate of compliance shall be required for any work which involves new construc- tion, alterations, additions or modifications of any structure or portion of a structure on any site, including paint and signs, within an Historic and Cultural Landmark Subdistrict. Permit fees shall be as established in the Building Code. To insure that all properties are reviewed under the same set of rules with respect to potential rehabilitation work, the Secretary of Interior's Standards for Rehabilitation are hereby adopted as the minimum standard for review of all work applications filed for properties within an Historic and Cultural Landmark subdistrict. -10- Applications shall be reviewed by the Permit Committee in accordance with the above standards prior to issuance of permits. (a) The Committee may determine that the applica- tion does not significantly affect landmark or contributing structures or sites of the overall character of the subdistrict and direct that the permit be issued subject to the above standards and the guidelines estab- lished for the subdistrict; (b) The Committee may determine that the applica- tion is harmful to the historical and cul- tural character and integrity of the district and, therefore, deny the application, or alternatively may approve the issuance of the permit, subject to whatever provisions it determines should be imposed in accordance with the established standards and guide- lines; (c) All new construction in any historic and cultural Landmark subdistrict shall be for- warded to the Commission to determine that it conforms to the "Secretary of Interior's Standards for Rehabilitation", Historic and Cultural Zoning Subdistrict guidelines, and shall be required to conform to all other municipal codes and ordinances; (d) Ordinary maintenance which does not alter or affect the historic value or character of a structure or site is exempt from the provi- sions of this section; (e) Public Works and Public Utility Projects constructed above ground within A Historic and Cultural Landmark Subdistrict shall be reviewed by the Board and found to be appro- priate to the character of the subdistrict before approval. 6. Historical and Cultural Landmark Subdistrict Markers: Subdistrict markers shall be fabricated, allo- cated, erected, relocated and removed according to the guidelines approved by the Commission. -11- 7. Interpretation: The Commission is empowered to interpret or ampli- fy its policies, guidelines and other procedures and rules for benefit of municipal staff, property owners or other interested parties. Any party may appeal to the Commission any deci- sion of the Permit Committee or enforcing autho- rity, or their interpretation of Commission policy, procedural rules or subdistrict guide- lines. Any applicant or interested person aggrieved by a ruling of the Historic and Cultural Landmark Commission, under the provision of this section may, within ten (10} days after the ruling, appeal to the City Council. 8. Re-designation of an Historic and Cultural Landmark Subdistrict: A Historic and Cultural Landmark Subdistrict desig- nation may be removed if the reasons for its desig- nation no longer exists, or if an economic hardship is being perpetrated on the owner by the designation. If structures} or site(s) within an Historic and Cultural Landmark Subdistrict is destroyed by fire, flood, windstorm or other catastrophe; or if a structure is demolished, removed or improperly modified, the justification for its designation may also be destroyed as a result . In this case, the zoning will revert back to the zone on which the Historic and Cultural Landmark Subdistrict affix was applied. Economic hardship may also be a reason for redesig- nation. If the maintenance of a structure within an Historic and Cultural Landmark subdistrict imposes an undue financial burden upon the owner, he may apply for relief by requesting redesigna- tion. In this case the zoning will revert back to the zone on which the Historic and Cultural Landmark Subdistrict affix was applied. Request for redesignation will be made in writing to the Historic and Cultural Landmark Subdistrict according to the provisions of this ordinance by -12- requesting rezoning of the property to remove the Subdistrict; provided, however, any such redesigna- tion shall first be heard by the Commission and the Commission shall prepare a record and a writ- ten recommendation to accompany the redesignation request. 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, sentence, 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. -13- 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 One Thousand Dollars (51,0001 for each 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 provi- sions of Ordinance No. 3011 or any other ordinances affecting Zoning which have accrued at the time of the effective 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. -14- f - .w Y+ SECTION 7. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Sections 1, 4 and 9 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 8. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 4 and 9 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. SECTION 9. 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 LEGALITY: G'~ City Attorney Date. / ~ ~ ~ ~ l ADOPTED: EFFECTIVE• -15-