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HomeMy WebLinkAboutOrdinance 8379~. - ~ ~~~., t1-. ,~. ;~~ ,~, ORDINANCE NO ~ ~ / AN ORDINANCE AMENDING SECTION 2-G, HISTORIC;, AND CULTURAL SUBDISTRICT OF ORDINANCE NO 3011 OF THE CITY OF FORT WORTH, TEYAS, AND PROVIDING FOR A DECLARATION OF PURPOSE, ORGANIZATION OF THE BOARD CREATION AND APPOINTMENT OF MEMBERS TERMS OF OFFICE ORGANIZATIONAL MATTERS MEETINGS AND A QUORUM REVIEW OF HISTORIC AND CULTURAL NEEDS; A CULTURAL AND HISTORIC PERMIT COMMITTEE ATTENDANCE OF MEMBERS DUTIES AND POWERS OF THE BOARD PREPARATION OF A PRESERVATION PLAN RECOMMENDATIONS FOR HISTORIC AND CULTURAL ZONING SUBDISTRICT CHANGES PROMULGATION OF GUIDELINES APPROVAL FOR DEMOLITION OR REMOVAL APPROVAL OF MODIFICATIONS AND NEW CONSTRUCTION REGULATION OF' PAINTS, WALL COVERINGS AND SIGNS INTERPRETATION THE ORDINANCE TO BE CUMULATIVE; A SEVERABILITY CLAUSE A SAVINGS CLAUSE A PENALTY CLAUSE ENROLLMENT OF THE ORDINANCE A PUBLICATION CLAUSE AND AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION I `That Section 2-G of Ordinance 3011, as amended, is hereby amended in full and is to hereafter be written in Exhibit A which is attached hereto and is hereby incorporated by reference SECTION II That this ordinance shall be cumulative of all ordinances, except where the provisions of this ordinance are in direct _= conflict with the provisions of such ordinances are hereby repealed SECTION III That is is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance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 SECTION IV That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of Ordinance No 3011 of the City of Fort Worth, Texas, and as to any other ordinance affecting zoning which have occurred 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 ~y SECTION V That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each day or portion -thereof during which any violation of any provision of this ordinance is committed, continued, or permitted, and each violaton shall be punishable by a fine not exceeding Two Hundred Dollars ($200 00) SECTION VI That the City Secretary of the City of Fort Worth is hereby authorized to publish the text of the Code, as hereby amended, in pamphlet form for general distribution among the interested public, and such provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof that the production of said pamphlet, as provided in Section 3, Chapter XXVI of the Charter of the City of Fort Worth, Texas BECTON VII That the City Secretary of the City of Fort Worth is hereby directed to publish the caption, penalty clause, and effective date of this ordinance for five (5) days in the. official newspaper of the City of Fort Worth, as authorized by TEX REV CIV STATS , Art 11766-1 SECTION VIII That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause of same in the minutes of the City Council of Fort Worth, Texas, and by filing the ordinance in the ordinance records of said City SECTION IX That this ordinance shall be in full force and effect from and after the date of passage and publication as above specified APPROVED AS TO FORM AND LEGALITY City Attorney ADOPTED ~p_, ~~_ EFFECTIVE c Texas Historical htarkers and Nataonal Reg~.ster Plaques (l) Texas Historical Markers aiid Nat.xonal Register Plaques shall be installed re3.ocated and removed according to the 9u.idelines published by the T xas Historical Commission (2) No Official Texas Historical Marker may be £abricatec~ with an adjunct emislem desa.gn or logo signifying another organ~.zation d Subdistrict Historical Markers Subdistr.~ct mar{cers shall he. fabricated allocated erected relocated and- removed according to the guidelines approved by the Board 7 Lnterpretation The Foard is empowered to interpret or amFlify its poli.cie guidelines and other procedt-rFS and rules for benefit of municipal staff property owners ~r Qther interested part.ea any party may appeal to the Board any ,decision of the P?rriit " -~ Committee or enforcing authgrity or their interpretation of hoard policy procedural rules or subdistrict guidelines Anv applicant or interested person airp;rieved by a ruling of Che Historic and Cultural itevue Board, under the provisions of this section may within ten (10) days Ater the ruling; appeal to the City Council T EXHIBIT A SECTION 2-G 'HC IILSTORIC AND CULTURAL SUBUTS7'RI(.'1' The 'HC" Historic and Cultural Subdistrict is created as a subdis rict to provide for the protection and preservation of places and areas of historic and cultural importance and siRnif~cance Any siicti place or area may be designated as an "HC" Subdistrict by the City Council The application for "HC" zoning is submitted by the Historic and Cultural Advisory Board 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 }~istory (2) the protection and irtiprovement 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 }listorical and Cultural Subdistrict There is also created the Historic and Cultural Advisory Board and the Board's subordinate Permit Committee The Board s jurisdiction shall extend to and include the adoption of a preservation plan (in cooperation with the Plan Commission the initiation and/or review of Historic and Cultural Subdistrict Zoning applications the preparation and/or review of guidelines therefor, and the hearing and deciding of applications and appeals from the Permit Committee A ORGANIZATION OF THF. ri~)Al:n 1 Creation and Appointment There ~~ 1-rreby created an Historic and Cultural Advisory Board of the City of Fort Worth Texas to he composed of five (5) members who shall be qualified electors of the City of Fort Worth It is declared policy that the City Council will co-~sider for appointment to the Historic and Cultural Advisory Board 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 Three appointees should be practicing professionals from the fields of architecture landscape architecture or urban planning 2 Terms of Office The City Council shall appoint five (S) members of the Board three (3) of whom shall. be designated by the Board to serve a term ending on October 31 1981 and two (2) of whom shall be designated by the Board to serve a term ending October 31 1982 and shall report same to City Council Thereafter the terms of three (3) of the members shall expire on October 31 of each odd numbered year and Cite terms of two (2) of the men-bers shall expire on October 31 of each even numbered year The numbers of the Board shall be identified by place numbers one (1) through five (5) The odd numbered places shall expire in the odd numbered years and the even numbered places shall expire in the even numbered years Board members may be appointed to succeed themselves Vacancies shall be filled for unexpired terms but no member shall be appointed for a term in excess of two (2) years The Development Director, the Planning Director and Building Official shall be ex officio non voting members of the Board --.,-~- .. ~' 3 Organization The Board shall hold an organizational meeting within 30 days of appointment in November of each year and shall elect 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 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 apointed members shall be installed at the first regular meeting after their appointment y. 4 Meetings and Quorum Three (3) members of the Board shall constitute a quorum for the conduct of business I-owever three (3) affirmative votes shall be required to decide any issue before t}~e Board The members of the Board shall regularly attend meetings and public hearings of the Board and shall serve without compensation except for reimburs ,Ant for authorized expenses attendant to the performance of their duties 5 Review of Historic and Cultural Needs The Board shall keep itself informed with respect to the historic and cultural heritage of the City of Fort Worth as it occurs in the physical environment and shall recommend to the City Plan Commission and Zoning Commission when in its opinion conditions indicate a need for chanf;es through the established legislative procedure in accordance with the rules and policies of the ('ity of Fort Worth 6 Historic and Cultural Permit Committee The Board shall designate a Permit Committee composed of two (2) appointed Board members the Building Official and the Planning Director 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 according to their findings Instruction 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 Board 7 Attendance Each quarter a report shall be submitted to the City Council showing the cumulative attendance of each Board member Three consecutive unexcused absences by a Board member shall result in automatic termination of that person s appointment B DUTIES AND POWERS OF TtiE BOARD The historic and Cultural Advisory Board shall have the powers and exercise the duties of a Board in accordance with the provisions of this Urdinance the City Charter and Article lOllg Revised Civil Statutes of Texas Board members or representatives 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 responsibilities under the laws of the State of Texas and the ordinances of the City of Fort Worth The Board s jurisdiction shall extend to and include preparation and/or review of Historic and Cultural Subdistrict Zonin}; Applications the preparation and/or review of guidelines therefor and the hearing and deciding of applications and appeals from the Permit Committee 1 Preparation of a Preservation Plan The Historic and Cultural Advisory Board shall adopt in cooperation with the Plan 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 Advisory Board 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 view of the Board 2 Recommendations for Historic and Cultural Zoning Subdistrict Changes The Board shall recommend the establishment or modification of Historic 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 require the deletion of that . _~ protection Such action shall be in accordance with the rules and policies of the City of Fort Worth a 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 b 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 before the City Council and City Zoning Commission c No changes in Historic and Cultural Preservation Plan shall be considered without the recommendation of the Historic and Cultural Advisory Board first being entered at the required public hearings d No change of zoning on property within an Historic and Cultural Zoning Subdistrict shall be considered without ttre recommendations of the Roard hein~; entered at the required public hearings or the 'Loning Commission and the City Council Consideration for changes in Historic and Cultural Zoning Subdistrict shall not depend on questions relating to possible guidelines but shall only consider the merits and needs for Historic and Cultural preservation 3 Promulgation of Guidelines Upon designation ~ the City Council of an Historic and Cultural Zoning Subdistrict and following submission of a set of guidelines ~ the applicant the Board shall within 'sixty (60) days review for approval such guidelines prepared ~ the applicant 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 modifications which detract from its 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 encourage continued economic and social vitality of the --~..--~ subdistrict Any new construction proposed within the subdistrict shall be considered a contributing element Non-Essential Elements - A building or site which though within the physical boundaries of the subdistrict 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 modifications thereto including layout and location on site size shape, materials and textures, fenestration and interiors where applicable The guidelines so established shall apply to all additions deletions alterations and modifications to structures and sites within a subdistrict but shall not be imposed on those buildings or sites or portions thereof not subjected to change i i -r In reviewing guidelines for approval the Board shall avail themselves of all information necessary from staff and ot}~er sources and shall be empowered to hold Pubic Hearings if needed The Board may suspend action on any requests affecti:ng any Historic Cultural Zoning Subdistrict pending the preparation of these guidelines Subdistrict guidelines may be reviewed and modified by the Board when requested by property owners staff or other interested party Modifications to guidelines for any district may be promulgated by the Board following the same procedures used during promulgation of the original guidelines Guidelines shall have the validity of any Board 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 portior- 4 Approval for Demolition or Removal Upon receipt of demolition or removal application affecting structures within an Historic and Cultural Zoning Subdistrict the Building Official shall submit the request directly to the Permit Committee for its consideration a Should the Committee determine that the application involves improvements to existing buildings not historically and culturally significant and noC contributing to the integrity of the district, it may approve the application for permit, if the owner will comply 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 application shall be referred to the Board •,--_~.-~--. where restrictions or conditions may be imposed c Should the application involve significant elements of the Historic and Cultural Zoning Subdistrict or elements contributing to the integrity of ttie Subdistrict then the Committee shall refer the application to the Board The Board s decision on the application shall be subject to as much as one hundred eighty (180) days continu9nce during which time staff and Board shall endeavor to explore with the owner alternates to demolition 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 Permit Committee and the provisions of subparagraph b above shall prevai.I should no alternative be satisfactory to both the owner and Board within this period then the Board shall deny or honor the applicaton 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 5 Approval of Modifications and New Construction Any work which involves new construction alterations additions or modifications of any structure or ~,ort~on of a stnictur~ un any site including paint and signs within an historic and Cultural Zoning Subdistrict shall require a permit Nerr~it fees shall be as established in the Building Code Applications shall be reviewed by the Permit Committee 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 the permit be issued subject to provision that it meet the guidelines established .for the subdistrict b The committee may determine the application is harmful to the historical and cultural character and integrity of the district and therefore deny the application, or alternately may approve the issuance of permit subject to whatever provisions it determines should be imposed c All new construction in any Historic and Cultural Subdistrict shall be forwarded to the Board fo determine that it conforms to Historical 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 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 appropr' late to the character of the subdistrict before approval 6 Paints Wall Coverings and Signs a All graphic elements (signs) and wall coverings (paints and other) should reinforce the architectural integrity of a building and will be in accordance with the guidelines established for the subdistrict b No paint or sign shall be applied erected or altered without a permit from the Building Official Application shall be accompanied by paint samples or in the case of sign plans, drawings shape and color and location of the proposed sign ; i% >'~.. :rs '~. ite-designation of an Historic and Cultural Subdistrict '`-~ Nn Historic and Cultural Subdistrict designation may be removed if the reasons for its designation no longer exist or if an economic hardship is being perpe- trated on the owner by the designation If a structure(s) or site(s) within an Historic and Cultural Subdistrict is destroyed by fire, flood, windstorm or other catasthrophe, or if a structure is demoli~ed, 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 Cultural Subdistrict affix was applied Economic hardship may also be a reason for redesignation If the maintenance of a structure within an Historic Cultural Subdistrict imposes an undue financial burden upon the owner he may apply for relief by requesting redesignation In this case the zoning will revert back to the zone on which the Historic Cultural Subdistrict affix was applied Request for redesignation will be made in writing to the Advisory Board with complete justification for the zoning change The processing of the request for redesignation willfollow the same procedures established for the demolition or removal of landmark or contributing structures within an Historic Cultural Sub- district Tn addition to the above the Advisory Board or the owner may initiate action to redesignate in part or all of an established Historic Cultural Subdistrict accord- ing to the provisions of this ordinance by requesting rezoning of the property to remove the Subdistrict, provided, however, any such redesignation shall first be heard by the Advisory Board and the Board shall prepare a record and a written recommendation to accompany the redesignation request