HomeMy WebLinkAboutOrdinance 20735-05-2013 ORDINANCE NO. 20735-05-2013
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT
WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX
"A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING CHAPTER 4
"ZONING DISTRICTS" TO AMEND ARTICLE 4 "OVERLAY DISTRICTS",
SECTIONS 4.401.H.6'DESIGNATION AS HIGHLY SIGNIFICANT ENDANGERED
("HSE")", 4.401.I. "DESIGNATION AS HISTORIC AND CULTURAL LANDMARK
("HC")", 4.401.J. "DESIGNATION AS DEMOLITION DELAY ("DD")" "TO CLARIFY
THE PROCESS FOR REMOVAL OF THE HISTORIC DESIGNATION; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, on July 10, 2007, the City Council amended the Preservation Ordinance
(Ordinance No. 16747) in its entirety to incorporate amendments recommended as part of the
City Council adopted 2003 Citywide Historic Preservation Plan as well as revise language and
order of the ordinance to improve readability; and
WHEREAS, on February 2, 2010 the Preservation Ordinance was further amended upon
the adoption of Ordinance No. 19026 to provide for clarification of definitions related to
preservation and the appeals process; and
WHEREAS, staff recommends adding language to require a public hearing before the
Historic and Cultural Landmarks Commission for a recommendation on the removal of a historic
designation from a property and staff recommends clarifying the process to remove a historic
designation from a property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
Chapter 4, Article 4, "Overlay Districts" of Ordinance No. 13896, the Zoning Ordinance
of the City of Fort Worth, Section 4.401.H., "Designation as Highly Significant Endangered
("HSE),"is hereby amended to amend subsection 5. "Removal of Highly Significant Endangered
Designation"to clarify the process to remove the designation,to read as follows:
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4.401.11. Designation as Highly Significant Endangered ("HSE")
5. Removal of Highly Significant Endangered Designation.
a. The highly significant endangered designation may be recommended for removal
by the Historic and Cultural Landmarks Commission to the Zoning Commission
and City Council for the following reasons:
i. The Historic Cultural Landmarks Commission has determined that the site or
structure is no longer historically, culturally, architecturally or archaeologically
significant under the criteria listed in section 4.401.C.4 or the Historic and
Cultural Landmarks Commission has determined that the owner has established
by a preponderance of the evidence that the structure has undergone significant
and irreversible changes which have caused it to lose the significance, qualities or
features which qualified the structure designation; or
ii. It is determined that the site or structure is no longer endangered; or
iii. It is determined that such designation creates an unreasonable economic
hardship upon the owner or owners in accordance with the provisions in
section 4.401.G.
b. An applicant seeking removal of the highly significant endangered designation on
the basis that the site or structure is no longer endapgered shall simultaneously
nominate such structure for designation as historic and cultural landmark. The
application for removal of the highly significant endangered designation and the
request for designation of such property as historic and cultural landmark shall be
considered and decided concurrently; provided,however, failure to designate such
property as historic and cultural landmark by the city council shall not be grounds
for denial of the application for removal of the highly significant endangered
designation. An applicant's request for the removal of the designation as HSE
shall be considered at public hearings by the Historic and Cultural Landmarks
Commission, the Zoning Commission, and final determination by the City
Council.
c. Within ten days after approval by the city council of removal of the designation,
the historic preservation officer shall remove the highly significant endangered
designation from the official zoning maps of the city and shall file a notice that
the highly significant endangered designation has been removed in the official
property records of the county in which the property is located. In addition, if
applicable, the Historic Preservation Officer shall record the historic and cultural
landmark designation on the city's official zoning maps and record such
designation in the property records of the county in which such property is
located.
SECTION 2.
Chapter 4, Article 4, "Overlay Districts" of Ordinance No. 13896, the Zoning Ordinance
of the City of Fort Worth, Section 4.401.I. "Historic and Cultural Landmark Designation
("HC")" to be hereby amended to revise subsection 12. "Removal of Historic and Cultural
Designation",to clarify the procedure to remove the designation, to read as follows:
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4.401.I. Designation as Historic and Cultural Landmark("HC")
12. Removal of Historic and Cultural Landmark Designation
a. An application for the removal of the historic and cultural landmark individual
designation or district designation shall be submitted to the Historic Preservation
Officer. An application may be made by the property owner or an authorized
representative, the city manager, the historic and cultural landmarks commission,
or the city council. An applicant's request for the removal of the designation as
HC (individual or district) shall be considered at public hearings by the Historic
and Cultural Landmarks Commission, the Zoning Commission, and final
determination by the City Council. All owners of an individual site or structure
must sign the application for removal. Applications for removal of a historic and
cultural landmarks district designation shall be signed by the owners of:
i.. 50 percent or more of the individual tracts, parcels or platted area located
within the boundaries of the district; and,
ii. 50 percent or more of the land area located within the boundaries of the
district.
Two or more platted lots developed together shall be counted as one lot. Each
vacant lot of sufficient size to be developed under the current zoning designation
for the property shall be counted as one lot.
b. The historic and cultural landmark designation, whether relating to individual
properties or to a historic and cultural landmarks district, may be recommended
for removal by the Historic and Cultural Landmarks Commission to the Zoning
Commission and City Council for the following reasons:
i. The Historic and Cultural Landmarks Commission has determined that the
site, structure or area, as applicable, is no longer historically, culturally,
architecturally or archaeologically significant under the criteria listed in
section 4.401.C.4 or the Historic and Cultural Landmarks Commission has
determined that the owner has established by a preponderance of the evidence
that the structure has undergone significant and irreversible changes which
have caused it to lose the significance, qualities or features which qualified the
structure designation; or
ii. It is determined that such designation creates an unreasonable economic
hardship upon the owner or owners in accordance with the provisions of
section 4.401.G.
c. The historic and cultural landmark district designation may be removed only from a
district as a whole. The designation shall not be removed from individual sites or
structures located within a district.
d. The Historic Preservation Officer shall remove the historic and cultural landmark
designation from the official zoning maps of the city and shall file a notice that
the designation has been removed in the official property records of the county in
which such property is located within ten days after approval by the city council
of removal of the designation.
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SECTION 3.
Chapter 4, Article 4, "Overlay District" of Ordinance No. 13896, the Zoning Ordinance
of the City of Fort Worth, Section 4.401.J. "Designation as Demolition Delay" is hereby
amended to amend subsections: 3. "Removal of Demolition Delay Designation" to revise the
procedure to remove the designation, to read as follows:
4.101.J. Designation as Demolition Delay("DD")
3. Removal of Demolition Delay designation.
a. The demolition delay designation may be recommended for removal by the
Historic and Cultural Landmarks Commission to the Zoning Commission and
City Council for the following reasons:
i. The Historic and Cultural Landmarks Commission has determined that the site
or structure no longer satisfies at least one of the criteria set out in section
4.401.C.4 or the Historic and Cultural Landmarks Commission has
determined that the owner has established by a preponderance of the evidence
that the structure has undergone significant and irreversible changes which
have caused it to lose the significance, qualities or features which qualified the
structure designation; or
ii. It is determined that such designation creates an unreasonable economic
hardship upon the owner or owners in accordance with the provisions of
section 4.401.G; or
b. The site or structure is demolished in accordance with this section.
c. The Historic Preservation Officer shall remove the demolition delay designation
from the official zoning maps of the city and shall file a notice that the
designation has been removed in the official property records of the county in
which such property is located within ten days after approval by the city council
of removal of the designation.
d. An applicant's request for the removal of the designation as DD shall be
considered at public hearings by the Historic and Cultural Landmarks
Commission, the Zoning Commission, and final determination by the City
Council.
SECTION 4.
Chapter 4, Article 4, "Overlay District" of Ordinance No. 13896, the Zoning Ordinance
of the City of Fort Worth, Section 4.401.E. "Certificate of Appropriateness" is hereby amended
to amend subsections: 4.d. "Certificate of Appropriateness, demolition or relocation" to add an
introductory paragraph providing a requirement to meet with staff and interested parties after an
application for demolition, to read as follows:
Within thirty (30) days, of submission of an application for demolition of a designated
structure, the Historic Preservation Officer shall schedule a consultation meeting with the
owner(s) or authorized agent, city staff and interested parties to propose alternatives to the owner
which would seek to alleviate the need for demolition. The application shall not be deemed
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complete by the Historic Preservation Officer until the owner of authorized agent provides a
written response to any alternatives proposed in the consultation meeting.
SECTION 5.
This ordinance shall be cumulative of all other ordinances of the Code of the City of Fort
Worth, Texas (1986), as amended, affecting zoning and shall not repeal any of the provisions of
such ordinances, except in those instances where provisions of such ordinance are in direct
conflict with the provisions of this ordinance.
SECTION 6.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of Ordinance Nos. 3011, 13896, or any amendments thereto that have accrued
at the time of the effective date of this ordinance; and as to such accrued violations, and all
pending litigation, both civil or criminal, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 7.
That 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 void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence,paragraph or section.
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SECTION 8.
That 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 Two Thousand Dollars ($2000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 9.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish 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 10.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FOPdq AND LEGALITY:
Melinda Ramos,Assistant City Attorney
Adopted: May 7, 2013
Effective: C-�2e)
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