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HomeMy WebLinkAboutOrdinance 9705ORDINANCE N0. ~ O~ AN ORDINANCE AMENDING SECT ION 2-G "HC" , H ISTORIC AND CULTURAL SUBDISTRICT, OF THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF FORT WORTH, TEXAS, GENERALLY KNOWN AS ORDINANCE N0. 3011, AS AMENDED, AND CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR THE DESIGNATION OF A CITY STAFF PERSON AS LOCAL HISTORIC PRESERVATION OFFICER; PROVIDING FOR THE ADOPTION OF CRITERIA TO BE USED IN THE DESIGNATION OF LOCAL LANDMARKS AND DISTRICTS; PROVIDING FOR THE ADOPTION OF THE SECRETARY OF INTERIOR'S STANDARDS FOR REHABILITA- TION TO INSURE THAT ALL PROPERTIES ARE REVIEWED UNDER THE SAME RULES WITH RESPECT TO POTENTIAL REHABILITATION WORK; PROVIDING FOR A MINIMUM DELAY OF 60 DAYS ON THE DEMOLITION OF ANY DESIGNATED LANDMARK OR STRUCTURE WITHIN A DESIG- NATED DISTRICT.; PROVIDING THAT THIS ORDINANCE IS CUMULA- TIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE: PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING ENGROSSMENT AND ENROLLMENT; 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: SECT ION 1 . That Section 2-G A.3. of Ordinance No. 3011, "Comprehensive Zoning Ordinance", Appendix "A" of the Code of the City of Fort Worth (1964), as amended, is hereby amended to read as follows: 3. Organization: The Board shall hold an organizational meeting 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 Development Director of the City of Fort Worth, or his designated representative, shall be the secretary of the Board. The Development Director and the Planning. Director shall provide technical assistance to the Board. The Planning Director or his designate shall serve as Local Historic Preservation Officer. The Board shall meet regularly and shall designate the time and place of its meetings. The Board 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 the appointment. SECTION 2 That Section 2-G B.2. of Ordinance No. 3011, "Comprehensive Zoning Ordinance", Appendix "A" of the Code of the City of Fort Worth (1964), as amended, is hereby amended to read as follows: 2. Recommendations for Historic and Cultural Zoning Sub- district Changes: The Board shall recommend the establishment or modi- fication of Historical and Cultural Zoning Subdistricts when, in its opinion, preservation of Fort Worth's cultural heritage requires or justifies the extension of protection afforded by that designation or conditions re- quire the deletion of that protection. In making such recommendations, the Board shall consider, but shall not be limited, to one or more of the following criteria: (a) Character, interest or value as part of the develop- ment, heritage or cultural characteristics 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 which represent a significant architectural innovation; (e) Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cul- tural motif; (f) Archeological value in that it has produced or can be expected to produce data affecting theories of his- toric or prehistoric interest; -2- (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 historic event; (i) Identification with a person or persons who signifi- cantly contributed to the culture and development of the City, State or the United States; (j) A building or structure that, because of its loca- tion, has become of particular significance to a neighborhood, community area or the City; (k) Resources, whether natural or manmade, contributing to the character or image of a defined neighborhood or community area; (1) Recognition as a recorded Texas historic landmark, a national historic landmark or entered into the national register of historic places." In making the determination for need of an Historic and Cultural Subdistrict, the Board shall be empowered to hold public hearings and collect evidence and testimony from whatever sources they deem necessary. Upon determination of the need for an Historic and Cultural Zoning Subdistrict change, the Board shall initiate the zoning change and shall testify through its appointed spokesman as to the justification therefor be- fore the City Council and City Zoning Commission. No changes in the Historic and Cultural and Preservation Plan shall be considered without the recom- mendation of the Historic and Cultural Advisory Board first being entered at the required public hearings. No change of zoning on property within an Historic and Cultural Zoning Subdistrict shall be considered with- out the recommendations of the Board being entered at the required public hearings or the Zoning Commission and the City Council. Consideration for changes in Historic and Cultural Zoning Subdistricts shall not depend on questions relating to possible guidelines but shall only consider the merits and needs for historic and cultural preserva- tion. -3- SECTION 3 . That Section 2-G B.4. of Ordinance No. 3011, "Comprehensive Zoning Ordinance", Appendix "A" of the Code of the City of Fort Worth (1964), as amended, is hereby amended as follows: 4. Approval for demolition or removal: Upon the receipt of a demolition or removal applica- tion affecting structures within an Historic and Cultural Zoning Subdistrict, the Building Official shall submit the request directly to the Permit Committee for its consider- ation. (a) Should the Committee determine that the applica- tion involves improvements to existing buildings not historically and culturally significant and not contributing to the integrity of the dis- trict, it may approve the application for per- mit, subject to the owner complying with the established guidelines for the subdistrict. (b) Should the Committee determine that the demoli- tion or removal may be detrimental to the integrity of the subdistrict, the application shall be referred to the Board, where restric- tions or conditions may be imposed. (c) Should the application involve significant ele- ments of the historic and cultural zoning sub- district or elements contributing to the integrity of the subdistrict, then the Committee shall refer the application to the Board. The Board'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 Board shall endeavor to explore with the owner alternatives to demo- lition or removal which may provide viable uses for the subject of the application. Should an accommodation be reached, then the application is to be remanded to the Permit Committee and the provisions of Subparagraph (b) above shall prevail; should no alternative be satisfactory to both the owner and the Board within this period, then the Board shall deny or honor the application subject to an additional ninety (90) day delay during which time alternate strategies of ownership and use may be explored with the owner, including use of other remedies available to the City of Fort Worth. -4- SECTION 4 . That Section 2-G B.S. of Ordinance No. 3011, "Comprehensive Zoning Ordinance", Appendix "A" of the Code of the City of Fort Worth (1964), as amended, is hereby amended as follows: 5. Approval of Modification and New Construction: A permit shall be required for any work which in- volves new construction, alterations, additions or modifi- cations of any structure or portion of a structure on any site, including paint and signs, within an Historic and Cultural Zoning 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 applica- tions filed for properties within an Historic and Cultural Zoning Subdistrict. 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 application does not significantly affect landmark or contributing structures or sites of the overall character of the subdistrict and direct that the permit be issued sub- ject to the above standards and the guidelines estab- lished for the subdistrict; (b) The Committee may determine that the application is harmful to the historical and cultural character and integrity of the district and, therefore, deny the application, or alternatively may approve the issuance of the permit, subject to whatever provi- sions it determines should be imposed in accordance with the established standards and guidelines; (c) All new construction in any historic and cultural subdistrict shall be forwarded to the Board 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; -5- (d) Ordinary maintenance which does not alter or affect the historic value or character of a structure or site is exempt from the provisions of this section; (e) Public Works and Public Utility Projects constructed above ground within the Historic and Cultural Subdivisions shall be reviewed by the Board and found to be appropriate to the character of the subdistrict before approval. SECT ION 5 . This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas ( 1964) , 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 ordinances and such Code are hereby repealed. SECTION 6 . 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 unconstitu- tional 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. SECT ION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of -6- any of the provisions of this ordinance shall be fined not more than Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECT ION 8 . All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 3011 or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; F 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. SECT ION 9 . 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 provisions 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 10 . 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, 2, 3, 4, 7 and 12 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. -7- a SECTION 11. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 2, 3, 4, 7 and 12 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. SECT ION 12 . 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. ~~ Y APP OVED AS TO FORM AND ALITY: City Attorney $_ ~~ ~b Date: ADOPTED : ~~/~-~~ EFFECTIVE: ~ ~~~~ -8- raAStERsFILE-I; ~ _~ ACCOUNTING-.2 TRAt¢ P©RTATiGtti~PU6LSC .rd' Qi~ca;d.lrl ~®~ V~ATER AGMIN~~~^^~~~~ PLANNING.li ~it~ ®f ~®a-t ~®rth, ~Ce.~~~ DATE REFERENCE NUMBER 8-19-86 G-6783 Recommendation: suB~ECr ORDINANCE AMENDING H/C PnGE SUBDISTRICT TO OBTAIN CERTIFIED ,of 1 LOCAL GOVERNMENT STALUS It is recommended that the City Council adopt the attached ordinance amending Section "HC" Historic and Cultural Subdistrict as provided below. Discussion: On January 26, 1986, the City Council approved M&C G-6553 authorizing an appli- cation to be filed with the Texas Historical Commission to become a "Certified Local Government", allowing the City to receive federal funds for the preserva- tion of historic properties. In order to receive CLG status, the City must amend its historic and cultural subdistrict regulations in accordance with recommendations of the Texas Historical Commission. The recommended amendments are as follows: 1) The City Planning Director is named as the Local Historic Preservation Officer; 2) Specific criteria are listed for designation of local landmarks; 3) The Secretary of Interior's Standards for Rehabilitation are adopted; 4) A minimum delay of 60 days is required prior to demolishing a designated landmark. Upon approval of the amendments, a pre-application Form for Grants to Certified Local Governments and a copy of the ordinance will be forwarded to the Texas Historical Commission. In addition to the obvious financial benefits derived from seeking Certified .Local Government Status, this designation will serve to certify Fort Worth's commitment to historic preservation. On August 13, 1986, the Zoning Commission recommended approval of the attached ordinance. RPPROV~D BY. CITY COI~N~IL WA:ivvv Attachment p~~~ 1~ ~ ~~~ C~tg ~aoiat~lt of told ~ BEY ~ god WortlaeT-e!~~ SUBMITTED FOR IHt DISPOSITION BY COUNCIL: PROCESSED BY CITY MANAGER'S OFFICE BY Q APPROVED ORIGINATING [ OTHER (DESCRIBE) DEPARTMENT HEAD: Bruce MCCI endO Y SECRETARY FOR ADDITIONAL INFORMATION - ~ colvTACT B McClendon 8000 Adopted Ordinance No (~ ~~r ~-r~