HomeMy WebLinkAboutOrdinance 23166-04-2018 ORDINANCE NO. 23166-04-2018
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE
NUMBER 21653, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE
CODE OF THE CITY OF FORT WORTH (2015), BY AMENDING
CHAPTER 2, SECTION 2.103, "HISTORIC AND CULTURAL
LANDMARKS COMMISSION" TO UPDATE THE ROLES AND
RESPONSIBILTIES OF THE HISTORIC AND CULTURAL LANDMARKS
COMMISSION; REPEALING CHAPTER 4, ARTICLE 4, SECTION 4.401,
"HISTORIC PRESERVATION OVERLAY DISTRICTS ("HSE", "HC",
"DD")" AND REPLACING IT WITH A NEW SECTION 4.401
CONTAINING NEW LANGUAGE FOR REGULATING HISTORIC
PROPERTIES; AMENDING CHAPTER 9, SECTION 9.101, "DEFINED
TERMS" TO REVISE CERTAIN DEFINITIONS RELATED TO THE
HISTORIC PRESERVATION ORDINACE UPDATE; PROVIDING THAT
THIS ORDINANCE BE CUMULATIVE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 211 of the Texas Local Government Code ("TLGC") authorizes the
governing body of a municipality to adopt zoning regulations to promote the public health, safety,
morals, or general welfare and protect and preserve places and areas of historical, cultural, or
architectural importance and significance;
WHEREAS, Section 211.003 of the TLGC provides that, in the case of designated places
and areas of historical, cultural, or architectural importance and significance,the governing body
of a municipality may regulate the construction, reconstruction, alteration, or razing of buildings
and structures;
WHEREAS, Section 211.005 of the TLGC authorizes the governing body of a
municipality to divide the municipality into districts of a number, shape, and size that the
governing body considers best for carrying out the provisions of Chapter 211, General Zoning
Regulations, within which districts the governing body may regulate the erection, construction,
reconstruction, alteration, repair or use of buildings, other structures or land;
WHEREAS, the City Council of the City of Fort Worth ("City Council") recognizes the
vital importance that its residences place on the preservation and maintenance of the City's unique
historical, cultural, and architectural heritage as evidenced by the City's many historic structures,
properties, and districts, all of which maintain cultural and neighborhood identity, while
encouraging tourism and industry, which are significant economic activities and sources of
revenue for the City and its residents;
WHEREAS, the City Council also recognizes that the requirement of preserving the
historical, cultural, architectural, and archeological heritage of the City is necessary because
changes increasingly threaten to destroy buildings, structures, and areas having important
historical, cultural, architectural, archeological, and community values, which, when damaged or
destroyed, cannot be replaced;
WHEREAS,to effectuate such purposes,the City Council has adopted a series of Historic
Preservation Ordinances over the past several decades, the most recent of which was enacted on
July 10, 2007 (Ordinance No. 16747, as amended) and codified in Section 4.401 of the City's
Zoning Ordinance;
WHEREAS, staff recently undertook a comprehensive review of the Historic Preservation
Ordinance to eliminate and clarify redundant text, reorder sections to improve readability, align
processes and procedures with other City boards and commissions, update the roles and
responsibilities of the Historic and Cultural Landmarks Commission and the Historic Preservation
Officer to allow for the efficient administration of government, and ensure federal and state best
preservation practice;
WHEREAS, pursuant to the authority provided in Article 8, Section 1-f of the Texas
Constitution and Section 11.24 of the Texas Tax Code, the historic site tax exemption has been,
among other things, consolidated into a singular, more explicit formula that will help clarify its
intended application;
WHEREAS, the amendments to the Historic Preservation Ordinance also necessitate
revisions to Section 2.103 (Historic and Cultural Landmarks Commission) and Section 9.101
(Defined Terms) of the Zoning Ordinance to align each with the revised roles and responsibilities
of both the Historic and Cultural Landmarks Commission and the Historic Preservation Officer
and to update the defined terms related with the Historic Preservation Ordinance set forth in
Section 2 of this ordinance; and
WHEREAS, the City Council now desires to repeal all of the language contained Section
4.401 of the City's Zoning Ordinance and replace it with new and revised language to be contained
in the same Section 4.401, along with related amendments to Section 2.103 and Section 9.101 of
the Zoning Ordinance.
Ordinance No. 23166-04-2018
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NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS:
SECTION 1.
Chapter 2, "Review Bodies", Section 2.103, "Historic and Cultural Landmarks
Commission", of Ordinance No. 21653, the Zoning Ordinance of the City of Fort Worth, is
amended to align the roles and responsibilities of the Historic and Cultural Landmarks
Commission and the Historic Preservation Ordinance to correspond with the amended Historic
Preservation Ordinance. Section 2.103 is amended to read as follows:
§2.103 HISTORIC AND CULTURAL LANDMARKS COMMISSION.
(a) Creation and appointment.
(1) There is hereby created the Historic and Cultural Landmarks Commission to be composed
of nine members who are qualified electors of the City of Fort Worth.
(2) The city council must appoint representatives who have demonstrated their civic interest,
general knowledge of the community, independent judgment and availability to prepare for an�
attend meetings. Whenever feasible, six appointees should be practicing professionals from the
fields of architecture, landscape architecture, history, architectural history, urban planning,
archaeology, real estate, law or other disciplines related to historic preservation.
(3) All Historic and Cultural Landmarks Commission members, regardless of background,
must have a known and demonstrated interest,competence,and knowledge in historic preservation
and planning within the City of Fort Worth.
(4) As nearly as is reasonably possible, the Historic and Cultural Landmarks Commission
members as a whole shall fairly represent the ethnic makeup of the City of Fort Worth.
(b) Terms of office. Historic and Cultural Landmarks Commission members serve for a term o
two years. Newly appointed members will be installed at the first regular meeting after thei
appointment. The members will serve in places numbered one through nine. Members appointed
in odd-numbered places will serve terms that expire October 1 of odd-numbered years. Members
appointed to even-numbered places will serve terms that expire on October 1 of even-numbered
years. Vacancies will be filled for unexpired terms. Commission members may be appointed to
succeed themselves and serve at the discretion of the city council until a new member is appointed
in their place.
(c) Organization. The chairperson and vice chairperson of the Historic and Cultural Landmarks
Commission will be elected by and from the members of the Historic and Cultural Landmarks
Commission. The Historic and Cultural Landmarks Commission must meet at least monthly if
business requires. Special meetings may be called at any time by the chairperson, the Historic
Preservation Officer, or on the written request of any two Historic and Cultural Landmarks
Commission members.
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(d) Meetings and quorum. Five members of the Historic and Cultural Landmarks Commission
shall constitute a quorum for the conduct of business. Five affirmative votes shall be required to
approve any issue before the Historic and Cultural Landmarks Commission. The members of this
Historic and Cultural Landmarks Commission must regularly attend the meetings and public
hearings of the Historic and Cultural Landmarks Commission and serve without compensation.
(e) Powers and duties. The Historic and Cultural Landmarks Commission is empowered to
perform the following duties:
(1) Prepare rules and procedures as necessary to carry out the business of the Historic and
Cultural Landmarks Commission;
(2) Create committees from among its membership to advise the Historic and Cultural
Landmarks Commission in carrying out the purposes of this zoning ordinance;
(3) Maintain written minutes which record all actions taken by the Historic and Cultural
Landmarks Commission and the reasons for such actions;
(4) Increase public awareness of the value of historic, cultural, architectural, and
archeological preservation by developing and participating in public education programs;
(5) Initiate and consider nominations, hold hearings, and recommend to the city council that
certain structures and property be designated as "highly significant endangered," "historic and
cultural landmark"or"demolition delay,"or that an area containing two or more eligible structures
be designated as a"historic and cultural landmark district," or that such designations be amended
or removed, in accordance with the Historic Preservation Ordinance;
(6) Enforce and recommend to adopt or amend design standards and guidelines for structures
designated "highly significant endangered" or "historic and cultural landmark" or located in a
historic and cultural landmark district;
(7) Hold hearings and make decisions concerning the issuance of certificates of
appropriateness pursuant to the Historic Preservation Ordinance;
(8) Review requests regarding participation in historic preservation economic incentive
programs and forward recommendations concerning such requests to the city council;
(9) Recommend recognition of the owners of structures or property designated in accordance
with the Historic Preservation Ordinance by means of certificates,plaques, or markers;
(10) Recommend to the city council that the city acquire a structure or property where its
preservation is essential to the purposes of the Historic Preservation Ordinance and private
preservation is not feasible;
(11) Recommend to the city council that the city accept the donation of preservation
easements and development rights as well as gifts for the purpose of historic preservation; and
(12) Exercise such other and further powers as maybe conferred on the Historic and Cultural
Landmarks Commission by city codes or ordinances.
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(f) Preservation plan.
(1) The Historic and Cultural Landmarks Commission must adopt, in cooperation with the
plan commission,a preservation plan to be incorporated into the City of Fort Worth comprehensive
plan. The preservation plan must include the following:
a. The historic resources survey, as amended and revised;
b. Criteria to be used in identifying and prioritizing sites;
c. General description of forms and styles found in Fort Worth; and
d. Use historic contexts to develop goals and priorities for the identification, evaluation,
registration, and treatment of historic properties.
(2) The plan must also include criteria for selecting, preserving, and rehabilitating structures
and property. The plan must also set forth priorities not only among various historic sites but also
between conflicting land use goals and include specific recommendations on how to resolve
conflicts between competing uses. The plan must recommend the coordination required with other
departments and other public and private groups to implement historic preservation.
(3) The Historic and Cultural Landmarks Commission must review the preservation plan
every five years. Revisions may be made to the plan at any time in accordance with the rules and
policies of the city.
(g) Changes require commission recommendation. No changes shall be made to the Historic
Preservation Ordinance or the preservation plan without the recommendation of the Historic and
Cultural Landmarks Commission first being entered at the required public hearings.
SECTION 2.
Chapter 4, Article 4, "Overlay Districts", Section 4.401, "Historic Preservation Overlay
District ("HSE, HC, DD")", of Ordinance No. 21653, the Zoning Ordinance of the City of Fort
Worth, is amended to repeal all of the language contained Section 4.401 and replace it with new
and revised language to be contained in the same Section 4.401, which shall read as follows:
§ 4.401 HISTORIC PRESERVATION ORDINANCE—HISTORIC OVERLAYS
(a) Purpose and intent. As a matter of public policy, the identification, protection,
enhancement, and perpetuation of landmarks or districts of historical, cultural,
architectural, or archeological significance are necessary to safeguard and promote the
economic, cultural, educational, and general welfare of the public. It is recognized that
Fort Worth represents the unique confluence of time and place that has shaped the
identity of generations of citizens, collectively and individually, and has produced
significant historical, cultural, architectural, and archeological resources that exist as
the visual and tangible evidence of cultural identity. This Section 4.401 may be
referred to as the Historic Preservation Ordinance. The provisions of the Historic
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Preservation Ordinance are intended to:
(1) Encourage the identification, documentation, evaluation, and recording of
resources that may have significance and integrity that reflect the cultural heritage
of Fort Worth;
(2) Protect, preserve, and perpetuate the cultural heritage of Fort Worth, including its
landmarks and districts of historical, cultural, architectural, or archeological
importance;
(3) Facilitate education and awareness opportunities for the benefit of elected officials;
appointed bodies, city departments, and the public at large regarding the cultural
heritage of Fort Worth and the benefits of utilizing historic preservation to achieve
the goals and vision of Fort Worth;
(4) Foster civic pride by recognizing accomplishments of the past;
(5) Promote the cultural heritage of Fort Worth, celebrate the economic prosperity and
welfare of the community through the preservation of Fort Worth's cultural
heritage, and recognize the support and stimulus to the economy provided by
residents and visitors alike; and
(6) Safeguard the significance of Fort Worth's cultural heritage by ensuring managed
change that is appropriate to its historic context.
(b) City Historic Preservation Officer
(1) Appointment. The City of Fort Worth, through a departmental director designated]
by the city manager, must appoint a Historic Preservation Officer ("HPO"), who
has expertise in archaeology, history, architecture, historic architecture, historic
preservation, or a closely-related field and meets the relevant Secretary of the
Interior's Professional Qualifications Standards.
(2) Powers, Duties, and Responsibilities. The HPO has the following powers, duties,
and responsibilities:
a. Administer the city's Certified Local Government Program in cooperation with;
the National Park Service and the Texas Historical Commission and coordinate
the city's historic preservation activities with those of state and federal agencies;
b. Act as staff liaison to the Historic and Cultural Landmarks Commission
("HCLC") and advise city departments, commissions, and City Council on
matters relating to the city's cultural heritage;
c. Manage and maintain the historic resource survey in consultation with the
HCLC and in accordance with this Historic Preservation Ordinance;
d. Administer the city's historic site tax exemption program;
e. Except as specifically set forth otherwise in this Historic Preservation
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Ordinance, review all applications required under this Historic Preservation
Ordinance for completeness and appropriateness;
f. Coordinate with local, state, and national nonprofit preservation organizations
and advise property owners, architects, designers, realtors, contractors, and
other decision-makers on matters relating to the city's cultural heritage; and
g. Exercise such other and further powers as may be conferred on the HPO by this
Historic Preservation Ordinance or any other city codes and ordinance.
(c) Identification and Designation of Cultural Resources
(1) Establishment of Historic Overlay Categories
a. There are three categories of protection for historically, culturally,
architecturally, or archeologically significant properties in Fort Worth, as
follows:
1. Highly significant endangered ("HSE");
2. Historic and cultural landmark,if an individual structure or site("HC"),
or historic and cultural landmarks district, if more than one structure or
site ("HC District"); and
3. Demolition delay ("DD").
(2) Criteria for Designation. The following criteria, as well as the criteria applied to
evaluate districts for inclusion in the National Register of Historic Places, must be
used to establish the significance and integrity of property or neighborhoods and
their features and to evaluate the eligibility of a property as a historic property or
HC District:
a. Significance
1. Is distinctive in character, interest, or value and exemplifies the cultural,.
economic,social,ethnic, or historical heritage of the City of Fort Worth,.
State of Texas, or the United States.
2. Is an important example of a particular architectural type or specimen
or embodies elements of architectural design, detail, material, or
craftsmanship that represent a significant architectural innovation in
Fort Worth.
3. Has been identified as the work of an important architect or master
builder whose individual work has contributed to the development of
Fort Worth.
4. Has been identified with a person or persons who significantly
contributed to the culture and development of the City of Fort Worth;
State of Texas, or the United States.
5. Bears a significant relationship to other distinctive buildings, structures;
sites, objects, or areas, either as an important collection of properties of
architectural style or craftsmanship with few intrusions, or by
contributing to the overall character of the area according to a plan based
on architectural,historic, or cultural motif.
6. Possesses significant archeological value, which has produced or is
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likely to produce data affecting theories of historic or prehistoric
interest.
7. Is the site of a significant historic event.
8. Is designated as a Recorded Texas Historic Landmark, State
Archeological Landmark, or an American Civil Engineering Landmark
or is listed on the National Register of Historic Places.
b. Inte rit
1. A property's ability to convey its significance,taking into consideration
the following seven factors: location, design, setting, materia].,
workmanship, feeling, and association, as set forth in National Register
of Historic Places' Seven Aspects of Integrity.
(3) Eli ig bility for Designation
a. Eligibility for HSE Designation. An individual property may be designated
HSE if it meets the following qualifications:
1. Three or more of the criteria for significance;
2. The necessary criteria for assessing integrity; and
3. Threatened by deterioration, damage or irretrievable, irreplaceable loss
due to neglect, disuse, disrepair, instability, lack of financial resources,
development pressures, or demolition.
b. Eligibility for HC and HC District Designations
1. Individual Property. An individual property may be designated as HC if
it meets the following qualifications:
i. Two or more of the criteria for significance; and
ii. The necessary criteria for assessing integrity.
2. District
i. An area,which includes two or more properties that possesses a
significant concentration, linkage, or continuity of buildings,
sites, structures, or objects united historically or aestheticallybY�
plan or physical development, may be designated as a HC
District if it meets the following qualifications:
A. Three or more of the criteria for significance; and
B. The necessary criteria for assessing integrity; and
C. Where a proposed HC District is composed of a singlq
geographic area of contiguous properties, then at least
fifty-one percent(51%)or more of the historic properties
in the district must be contributing; or
D. Where a proposed HC District is composed of two o�
more definable significant areas separated by
nonsignificant areas,then the historic properties must be
spatially discrete.
ii. An existing HC District may be amended or otherwise altered t
include additional properties or settings provided that suc
properties and settings (1) meet the criteria for HC Distric
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designation and(2)have a similar historic context and character
that reasonably relates to the existing HC District, either by
architectural,historical, or cultural motif.
c. Eli ig bility for DD Desi ng_ation. A property may be designated DD if it meets
the following qualifications:
1. One or more of the criteria for significance; and
2. The necessary criteria for assessing integrity.
(4) Criteria and Special Considerations for Removal or Change of Historic Desi ng ation
a. Criteria
1. Subject to any special considerations,the HSE, HC, HC District(either
in whole or in part), or DD designation may be removed for the
following reasons:
i. The individual property or HC district,either in whole or in part,
no longer conforms to the criteria for significance and integrity
under this Historic Preservation Ordinance; or
ii. Such designation creates an unreasonable economic hardship in
accordance with the provisions of this Historic Preservation
Ordinance.
2. The DD designation may be removed if it no longer conforms to the
criteria for significance and integrity or changed to HC or HSE if it
satisfies the applicable criteria for significance and integrity. The DD
designation must be removed if the property is demolished in
accordance with this Historic Preservation Ordinance.
3. Any historic property designated as HC may be changed to HSE if the
property meets the designation criteria for HSE, even if the property is
part of a HC District.
b. Burden of Proof. The party seeking removal of a designation has the burden of
proving,by a preponderance of the evidence,that the subject property no longer
satisfies the criteria for designation.
c. Special Considerations
1. HC District Designation Removal. The HC District designation may be
removed only from a district as a whole and not from individual sites or
structures located within a HC District,except when the boundary of an
existing HC District has been reduced in accordance with this Historic
Preservation Ordinance and then,removal of such designation will only
apply to those properties that have been excluded from the reduced
boundary.
2. HSE Designation Removal. The party seeking removal of a HSE
designation on the basis that such property is no longer endangered must
simultaneously nominate such property for designation as HC. The
requests for removal of the HSE designation and designation of such
property as HC must be considered and decided concurrently;provided,
however, the City Council is not required to designate such historic
property as HC upon removal of a HSE designation.
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3. DD Change to HC District. If a historic property designated as DD is
subsequently nominated as, or becomes,part of a HC District,then such.
property will be subject to all applicable interim controls and elevated.
to HC District designation upon approval by the City Council.
4. HSE in HC District. Any historic property designated as HSE will retain
such HSE designation if it is subsequently nominated as, or becomes,
part of a HC District, except as otherwise set forth in this Historic
Preservation Ordinance. Any historic property designated as HSE
within a HC District must comply with the standards and guidelines
applicable to the HC District within which it is located.
(5) Procedures for Designation and Designation Removal
a. Step 1: Nomination for Designation and Designation Removal
1. City Council
i. The City Council may nominate an individual property or HC
District for historic designation or designation removal by
adopting a resolution to nominate such and directing the HPO to
submit the same to the HCLC for consideration. Nominations
by the City Council will not require the submission of an
application for designation; however, the HCLC may not
consider a nomination until such time as the HPO acquires the
information necessary to report on the eligibility and criteria
applicable to the nomination.
ii. The nomination of an individual property or HC District for
historic designation or designation removal by the City Council
will be deemed to have been nominated on the effective date of
the adopted resolution.
2. HCLC. The HCLC may initiate the nomination process for historic
designation or designation removal of an individual property or HC
District by adopting a resolution directing the HPO to submit a complete
application for designation or designation removal to the HCLC for
consideration. The HCLC may not consider such application until its
next regularly or special-called meeting.
3. City Manager. The Fort Worth City Manager or that person's
authorized designee may initiate the nomination process for historic
designation or designation removal of an individual property or HC
District by directing the HPO to prepare and submit a complete
application for designation to the HCLC for consideration.
4. Property Owners. Property owner(s) of an individual property or a
property within a proposed HC District may initiate the nomination
process for historic designation or designation removal by submitting;a
completed and signed application to the HPO.
5. Application. The application for historic designation and designation
removal will be promulgated by the HPO; provided; however, that the
application must, at a minimum, require a detailed summary explaining
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how the subject property or HC District meets the criteria necessary for
historic designation or designation removal, as applicable.
i. HC District. In addition to the application requirements set forth
above,an application for HC District designation, including any
related historic district expansion, or designation removal,
including any district reduction, must contain the following:
A. A windshield survey that consists of a completed survey
form and photograph of every property, their settings,
streetscapes, and unique characteristics of the HC
District.
B. Draft standards and guidelines or a copy of the Secretary
of the Interior's Standards for the Treatment of Historic
Properties for a proposed HC District. HC District
design standards and guidelines must, at a minimum,
meet the requirements of the Secretary of the Interior's
Standards for the Treatment of Historic Properties.
C. A list of contributing and non-contributing resources for
the HC District.
D. Research that establishes the significance of the property
in the proposed HC District, which includes a statement
of significance.
E. Signatures of property owners in support of the
application who collectively own:
(i) Fifty percent or more of the land and the
individual tracts, parcels, or platted lots located
within the following boundaries:
(A)For HC District designation removal, the
existing HC District;
(B)For HC District designation,the proposed
HC District; or
(C)For HC District expansion, both the
proposed expanded HC District and
existing HC District.
(ii) Two or more platted lots developed together will
be counted as one lot.
(iii)Each vacant platted lot of sufficient size to be
developed under the current zoning designation
for the property will be counted as one lot.
6. Effective Date of Nomination. An individual property or HC District
for which an application for historic designation or designation removal
has been submitted by the HCLC, City Manager, or property owner(sJ
will be deemed to have been nominated for such on the date that the
HPO determines an application for designation or designation removal,
as applicable,to be complete.
b. Step 2: Notice of Nomination for Designation or Designation Removal and
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Interim Controls
1. Notice of Nomination for Designation or Designation Removal
i. Upon being nominated, the HPO must mail a notice of
nomination for historic designation or designation removal, ap
applicable, to all affected property owner(s) at least ten (10)
calendar days before the scheduled HCLC hearing.
ii. For individually-nominated properties, the affected property
owner is the owner or owners of the property that is the subject
of the application.
iii. For nominations of HC District designation or designation
removal, the affected property owners are each individual
property owner within the HC District; provided, however, th t
HC District expansion nominations must also include eal
individual property owner within the proposed expansion area.
iv. The most recently approved county tax roll showing the name
and address of the owner(s)must be used for notice purposes.
2. Interim Controls. The City Council finds that immediate, temporary
controls are necessary to protect properties for which a notice of
nomination for historic designation as a historic property has been
mailed. Therefore, any property for which a notice of nomination as
such has been mailed will be subject to the Certificate of
Appropriateness ("COA") requirements contained in this Historic
Preservation Ordinance, effective beginning on the date that the ==1
mails a notice of nomination and expiring 180 days thereafter or
the proposed historic designation is denied, whichever is sooner. In the
event that the proposed historic designation is approved, the property
will be subject to all COA requirements applicable to such historic
designation. Permits issued by the city prior to the effective date of the
interim controls will not be subject to interim controls or the CUA
requirements. Interim controls do not apply to historic designation
removals.
3. Relief from Interim Controls
i. It is the intent of the City Council to preserve historic propel),
whenever possible, in recognition of the fact that historic
properties have been needlessly demolished, resulting in vacant
lots.
ii. The owner(s) of the property for which the interim contro s
apply may seek relief from the interim controls by doing t e
following:
A. Requesting a COA in accordance with this Historic
Preservation Ordinance; or
B. Filing a written request with the HPO within ten (1 )
calendar days after receipt of the notice of nominatio ,
detailing any unusual and compelling circumstances
justifying such relief.
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(i) HCLC Hearin. The HCLC must conduct a
hearing on the matter within fifteen(15)calendar
days after the request for relief is filed. The
HCLC may consider factors such as the existence
of a written, bona fide sales contract for the
property;plans for relocation or demolition of the
property; plans for development of the property;
the effect of the interim controls on such plans;
and other unusual and compelling circumstances
justifying relief from the interim controls.
(ii) HCLC Decision. In the event that the HCLC
finds unusual and compelling circumstances
justifying relief from the interim controls, then.
the HCLC may, for properties nominated by
application, approve the request and order any of
the following:
(A)Expedite review of the nomination;
(B)Reduce the term of the interim controls;
(C)Release the owner from such controls; or
(D)Take such other action as the HCLC
deems to be appropriate.
(iii)City Council. For property that is nominated by
the City Council, any approval and order of the
HCLC will be a recommendation for
consideration by the City Council.
c. Step 3: Consideration by the HCLC
1. The HPO must schedule a hearing before the HCLC for consideration
of the historic designation or designation removal within 45 calendar
days after the effective date of a nomination, or as soon thereafter as is
reasonably practicable.
2. After conducting a hearing on the matter, the HCLC must recommend
approval or denial to the City Council or continue the designation or
designation removal to a certain date.
d. Step 4: Consideration by the Zoning Commission
1. The matter must be submitted to the Zoning Commission for its review
and recommendation within 45 calendar days after the HCLC makes it
recommendation, or as soon thereafter as is reasonably practicable.
2. The Zoning Commission must give notice and conduct its public
hearing on the matter in accordance Chapter 3 of the City's Zoning
Ordinance.
e. Step 5: City Council Hearing and Action
1. After both the HCLC and Zoning Commission make their
recommendations, the matter must be submitted to the City Council for
its review and consideration.
2. The City Council must give notice and conduct a hearing on the matter
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in accordance with Chapter 3 of the City's Zoning Ordinance.
f. Step 6: Post Designation and Designation Removal Requirements
1. Recording of Designations on Zoning Map. Upon designation as a
historic property, the City's Zoning Administrator will cause the
appropriate designation to be recorded on the official zoning maps of
the City of Fort Worth. All zoning maps must indicate the appropriate
overlay abbreviation and the marks indicating the primary underlying
zoning district classification. HC District may be recorded as either HC
District or HC.
2. Filing of Designations in Property Records.Property owners that file an
application for designation must record the applicable designation in the
official property records of the county in which the property is located
within 10 calendar days of designation by the City Council and provide
proof of such filing to the HPO. Proof of recordation by the property
owner must be provided to the HPO prior to the receipt of any
subsequent historic site tax exemption from the City of Fort Worth. For
City-initiated designations,the Zoning Administrator is responsible for
filing such designation in the official property records of the county in
which the property is located.
3. Post-Designation Removal Requirements. Within 10 business days
after the City Council approves the removal of the applicable historic
designation, the Zoning Administrator must remove such historic
designation from the official zoning maps of the City of Fort Worth and
record such designation removal in the official property records of the
county in which such property is located.
(6) Relationship to Base Zoning Districts
a. Except as otherwise set forth in the City's Zoning Ordinance, designation of a
property by the City Council as HSE, HC, HC District, or DD is a zoning
overlay to the primary zoning district classification. The permitted uses of the
property will be determined and controlled by the use regulations set forth for
the primary zoning district classification for the property.
b. Historic properties, including those in a HC District, are subject to the
regulations of the base zoning district classification. However, where the
adopted design standards and guidelines of a HC District or the Secretary of the
Interior's Standards for the Treatment of Historic Properties,whichever is more
restrictive,require a more historically appropriate yard setback,building height,
lot dimension, or site configuration than the base zoning district allows, them
the design standard and guidelines or the Secretary of the Interior's Standards
for the Treatment of Historic Properties, as appropriate,will prevail. However,
in no instance will this relieve the requirement for a variance from the Board of
Adjustment in compliance with the provisions set out in this or any other city
ordinance.
c. For all instances where this Historic Preservation Ordinance will be applied,the
prevailing precedence will be as follows:
Ordinance No. 23166-04-201$
Page 14 of 45
I. Chapter 4, Article 4 of the City's Zoning Ordinance for all matters of
process, procedure, and regulation.
2. The adopted standards and guidelines for a HC District and Secretary of
the Interior's Standard for the Treatment of Historic Properties for all
matters of rehabilitation, restoration, or preservation.
3. All other City of Fort Worth ordinances, regulations, or policies as they
may apply to any action described within this Historic Preservation
Ordinance.
d. In no instance will the provisions of this Historic Preservation Ordinance be
construed to exempt any issue of life safety or to provide relief from the
provisions of the adopted building code without the written consent of the chief
building official.
e. If there is any conflict between the adopted design standards and guidelines and
any provision of this Historic Preservation Ordinance, the most restrictive will
apply.
f. If there is any conflict between the provisions of this Historic Preservation
Ordinance and any other provision of the City's Zoning Ordinance, the most
restrictive regulation will apply in the absence of a specific directive to the
contrary.
g. The Board of Adjustment does not have jurisdiction to grant a variance from
the Secretary of the Interior's Standards for the Treatment of Historic Properties
or any design standards and guidelines applicable to historic properties that
have been adopted by the City Council.
(7) Design Standards and Guidelines. The following are the procedures for creating,
amending, or updating design standards and guidelines and lists of contributing
historic properties.
a. Creating or Amendina Design Standards and Guidelines
1. Property owners that submit an application to nominate a property as
HSE, HC, or HC District, must submit, with the application, a set of
proposed design standards and guidelines following the principles set
forth in the Secretary of the Interior's Standards for the Treatment of
Historic Properties. The standards and guidelines must be prepared byl
the applicant with the assistance of the HPO. The applicable design
standards and guidelines must be adopted concurrently with the
designation of the property.
2. The HPO must review design standards and guidelines on a periodic
basis to determine if updates or amendments are necessary.
3. Any amendments or updates to an individual property or HC District's
design standards and guidelines, or the creation thereof if none were.
adopted at the time of historic designation, must, at a minimum, meet
the requirements of the Secretary of the Interior's Standards for The
Treatment of Historic Properties.
b. Process for Creating and Amending Standards and Guidelines
1. Step 1: Request to Create or Amend Standards and Guidelines
Ordinance No. 23166-04-2018
Page 15 of 45
i. City Council or HCLC. The City Council or HCLC may request
amendments to any adopted design standards and guidelines, or
the creation of standards and guidelines if none were adopted at
the time of historic designation, by adopting a resolution
directing the HPO to submit recommendations to the HCLC for
consideration.
ii. HPO. The HPO may initiate the process for amending a.n�
adopted design standards and guidelines, or creating standard$
and guidelines if none were adopted at the time of historic
designation.
iii. Cijy Manager. The City Manager or that person's authorized
designee may request amendments to any adopted desif
standards and guidelines, or the creation of standards and
guidelines if none were adopted at the time of historic
designation, by directing the HPO to initiate the process for
such.
iv. Property Owners. The property owner(s) of a historic propert
or those within a HC District may request amendments to them
adopted design standards and guidelines, or the creation thereof
if none were adopted at the time of designation,by submitting
petition in support of the request to the HPO. For HC Districts,
the petition must be signed by property owners that own fiat
percent or more of the land and the individual tracts, parcels,
platted lots located in the HC District.
2. Step 2: Notice and Community Outreach
L The HPO must notify the affected property owners that the
design standards and guidelines are under review for
amendments or that the creation of design standards and
guidelines is being considered if none were adopted at the time
of historic designation. For purposes of this process,the affected
property owners will be the same as those set forth in the notice
of nomination for historic designation section of this Historic
Preservation Ordinance.
ii. The HPO must meet with property owners in the affected HC
District to discuss the proposed design standards and guidelines
prior to scheduling a review by the HCLC.
3. Step 3: Consideration by the HCLC
L Once the HPO has sent notice and conducted community
outreach,and the proposed design standards and guidelines have
been prepared, the HPO must schedule a hearing before the
HCLC for consideration and send notice of such hearing to ail
affected property owners.
ii. After conducting a hearing on the request to amend or create
design standards and guidelines, the HCLC must recommez
approval,with or without revisions,or denial to the City Council
Ordinance No. 23166-04-20,18
Page 16 of 45
or continue the request to a certain date.
4. Step 4: Consideration by the Zoning Commission
i. After the HCLC makes its recommendation on the request to
amend or create design standards and guidelines, the request
must be submitted to the Zoning Commission for its review and
recommendation.
ii. The Zoning Commission must give notice and conduct its public
hearing on the request in accordance with Chapter 3 of the City's
Zoning Ordinance.
5. Step 5: City Council Hearing and Action
i. After the HCLC and the Zoning Commission make their
respective recommendations on the request to amend or create
design standards and guidelines, then the request must be
submitted to the Fort Worth City Council for its review and
consideration.
ii. The Fort Worth City Council must give notice and conduct a
hearing on the request in accordance with Chapter 3 of the City's
Zoning Ordinance.
c. Adopted Standards and Guidelines. The adopted standards and guidelines must
be used by the City staff in implementing the intent and purpose of this Historic
Preservation Ordinance. Invalidation of any portion of the design standards and
guidelines will not affect the validity of any other provisions. Any then existing
design standards and guidelines will remain in effect until the City Council
approves any amendments or revisions to the same.
(8) Creating or Amending a Contributing Historic Properties List. The list of
contributing historic properties for a HC District may be created or amended, as
needed, in accordance with the criteria and procedures set forth herein.
a. Creating or Amending a Contributing Historic Properties List
1. Property owners that submit an application to nominate properties as
HC District, must submit a list of contributing and non-contributing
historic properties within the proposed HC District with the application.
The list must be prepared by the applicant with the assistance of the
HPO. The owners of properties nominated for designation as HC
District by the HCLC, City Council, or City Manager will cooperate
with the HPO in the preparation of said list. When submitted with an
application for historic designation, the list of contributing and non-
contributing historic properties should be adopted concurrently with the
designation of the HC District. In the event that the list is not adopted
at the same time as the designation of the HC District, the procedure
below for creating a new contributing and non-contributing historic
properties list will apply.
2. The HPO will review the lists of contributing and non-contributing
historic properties for each HC District on a periodic basis to determine
if updates or amendments are necessary.
Ordinance No. 23166-04-2018
Page 17 of 45
b. Initiation of the Process
1. City Council or HCLC. The City Council or HCLC may adopt a
resolution directing the HPO to conduct an evaluation of the
contributing status of historic properties within an existing HC District.
2. HPO. The HPO may initiate the process for, and conduct the evaluation
of, the contributing status of historic properties within an existing HC
District.
3. Property Owners. A property owner may submit an application a
written request and designation application to the HPO requesting an
evaluation of the contributing status of a property. The HPO must
evaluate the application in relation to the contributing status of the
owner's historic property within an existing HC District. Should the
application be deemed incomplete, the HPO may request additional
information of the applicant in order to determine the contributing status
of the historic property.
c. Consideration by the HPO
1. The HPO must perform an evaluation and make a determination of the
contributing status of the subject historic property once the HPO has
deemed an application to be complete.
2. Once the HPO makes a determination of the contributing status of a
historic property,then the HPO must provide notice of its determination
to the property owner(s) and the requesting party within thirty (30)
calendar days, or a reasonable time thereafter.
3. Should the HPO find that the subject property meets the definition of a
contributing or non-contributing historic property, then the HPO will
have authority to amend the status,unless the prior status of the historic
property was approved by City Council in which case the City Council
will have such authority.
4. A property owner may appeal the HPO's determination to the HCLIC
pursuant to the procedures set forth in this Historic Preservation
Ordinance under Section 4.401(g) below.
(d) Certificates of Appropriateness (Changes to Historic Properties)
(1) Review Required
a. HC and HSE. Except as may otherwise be permitted in this Historic
Preservation Ordinance, any historic property designated or pending
designation as HC or HSE requires the submission of an application for a COAL,
review for appropriateness, and issuance of a COAL in accordance with the
provisions of this Historic Preservation Ordinance prior to the commencement
of any exterior work on such historic property, including, but not limited to,
construction, alteration, demolition, relocation, and repair.
b. DD. Except as may otherwise be permitted in this Historic Preservation
Ordinance, any historic property designated or pending designation as DD
requires the submission of an application for a COAL, review for
Ordinance No. 23166-04-2018
Page 18 of 45
appropriateness, and issuance of a COA only for demolition or relocation }}n
accordance with the provision of this Historic Preservation Ordinance prior to
the commencement of any such demolition or relocation work.
c. Emergency Securingoperty.The City department charged with emergency
securing of property, in cooperation with the HPO, may perform emergency
measures to secure any historic property that is in imminent danger of collapse
and a hazard to the public health, safety, or welfare without the necessity of a
COA application,review for appropriateness, or COA;provided,however,that
the HPO must receive written notice of such emergency securing measures and
the date and time that the same will occur. The City will use its best efforts to
minimize damage to the historical and architectural elements of the historic
property.
(2) Level of Review
a. Once the HPO deems an application for a COA to be complete, the HPO will
determine whether the application will be evaluated for appropriateness by the
HPO or the HCLC as set forth in this Historic Preservation Ordinance.
1. HPO Review. Except where such jurisdiction conflicts with the powe{s
and duties conferred upon the HCLC pursuant to this Historic
Preservation Ordinance or Appendix A, Section 2.103 of the City Code,
the HPO has original jurisdiction to evaluate applications for
appropriateness and issue COAs; provided, however, the HPO mly
refer any application, or any portion thereof, to the HCLC for review
and consideration.
2. HCLC Review. The HCLC has original jurisdiction to evaluate
applications for appropriateness,or any portion thereof,and issue COAs
for the following:
i. New construction of a primary structure;
ii. All waivers from applicable design standards and guidelines;
iii. Demolition and relocation of individually designated histo *c
properties and contributing historic properties in HC District,
except those for emergency demolitions;
iv. Requests for determination of whether individually designated
historic properties and contributing historic properties in HP
Districts can be reasonably rehabilitated pursuant to the City's
Minimum Building Standards Code, including, but not limited
to, Chapter 7,Article 4, Section 7-109 of the City Code;
v. Historic properties owned by a governmental entity, including,
without limitation, the City of Fort Worth, Independent School
Districts, and Counties; and
vi. Referrals from the HPO.
(3) Criteria for Evaluation of an Application for Appropriateness
a. Criteria for Evaluation of Work other than Demolition or Relocation.
determining the appropriateness of a COA application, the Secretary of the
Ordinance No. 23166-04-2018
Page 19 of 45
Interior's Standards for the Treatment of Historic Properties must be applied ill
conjunction with any applicable city codes and design standards and guidelines
adopted by the City Council.
1. Waivers from Design Standards and Guidelines. An applicant has th
right to request a waiver from the applicable design standards
guidelines if a COA has been denied for failure to meet the applicable
criteria, unless the requested item is specifically prohibited by such
standards and guidelines in which case a waiver will not be considered.
i. Burden of Proof. To receive a waiver from the applicable design
standards and guidelines, the applicant must prove one of the
following by a preponderance of the evidence:
A. That no reasonable opportunity exists to recover the cost
of the work that is required by the design standards and
guidelines. In determining whether to grant such a
waiver, the HCLC should consider the totality of the
circumstances and weigh the following factors:
(i) The cost to perform the work in compliance with
the applicable design standards and guidelines;
(ii) The value of the property;
(iii)The extent to which a waiver is necessary to
allow the owner a reasonable opportunity to
recover the cost of the work;
(iv)Whether granting the waiver will harm an
existing or proposed historic designation;
(v) Whether the applicant has applied for any tax
incentives from the city, including, without
limitation,the historic site tax exemption; and
(vi)Whether the proposed work is in harmony with
the spirit and purpose of this Historic
Preservation Ordinance.
B. That no reasonable opportunity exists to technically
execute the work that is required by the applicable design
standards and guidelines. .
(i) In determining whether there is a reasonable
opportunity to technically execute the work,the
HCLC should evaluate the feasibility of
physically performing the rehabilitation work
on the property.
ii. Alternatives. The HCLC and the HPO, in consultation with the
property owner, must explore alternatives to the proposed work
that will preserve the historic property to the greatest extent
feasible.
b. Criteria for Evaluation of Demolition and Relocation
1. Demolition or Relocation Request by an Applicant other than the City
Ordinance No. 23166-04-2018
Page 20 of 45
of Fort Worth
i. HSE and HC Designations
A. Demolition. Where an applicant requests a COA for
demolition of a historic property, then the HCLC or
HPO, as appropriate, may approve such COA if it finds
that the applicant has established at least one of the
following by a preponderance of the evidence:
(i) Loss of Significance
(A)The applicant must prove that the subject
historic property has lost its historical
significance, as evidence by the
following:
I. The property has undergone
significant and irreversible
changes or new information
reveals that the property is no
longer eligible for historic
designation or contributing status;
II. Such significant and irreversible
changes were not caused either
directly or indirectly by the
owner, and were not due to
intentional or negligent
destruction or a lack of
maintenance rising to the level of
a demolition by neglect; and
III. Such irreversible changes are
impractical and unlikely to be
reversed.
(ii) Unreasonable Economic Hardship. The owner of
the historic property must prove an unreasonable
economic hardship in accordance with this
Historic Preservation Ordinance.
(iii)Non-Contributing Status. Because non-
contributing historic properties do not contribute
to the historic, cultural, or architectural
significance of a HC District, the applicant mu�
prove that the subject property is located in a H
District and classified as non-contributing and
would not be eligible to be a contributing historic
property if re-evaluated by the HPO or HCLC.
B. Relocation. In considering whether to approve or deny
an application for a COA for relocation of a historic
property, the HCLC or HPO, as appropriate, must
consider the totality of the circumstances and weigh the
Ordinance No. 23166-04-2018
Page 21 of 45
following considerations: alternatives, rarity, structural
integrity,nature of threat, streetscape integrity,setting of
the existing and recipient sites, and interim and long-
term protection.
ii. DD Designations. Where an applicant, other than the City of
Fort Worth, requests a COA for demolition or relocation of a
historic property designated or pending designation as DD,then
the HCLC may not deny approval of the COA. However, the
HCLC may delay the issuance of a demolition or relocatign
permit for up to 180 calendar days from the date of the HCLC's
original hearing on the application for a COA to allow toe
HCLC,local preservation groups, and other interested parties fo
explore alternatives to demolition or relocation.
A. In determining the length of any delay for demolition,
the HCLC must consider the effectiveness of any
proposed alternatives and matters that may cause a
hardship to the applicant, including, without limitation,
financial and development issues.
B. In determining the length of any delay for relocation,toe
HCLC must be guided by the relevant considerations
applicable to relocation.
C. Should the HCLC fail to approve a specific delay period
by an affirmative vote, the maximum delay of 180
calendar days will be required.
2. Demolition Request by the City of Fort Worth
i. Minimum Building Standards
A. Owners, or other persons or entities, having legal
custody and control of a historic property have an
ongoing obligation to maintain such historic property in
accordance with the City's Minimum Building
Standards Code.
B. In determining whether a historic property should be
demolished as a result of neglect, the City must folloyv
the processes and procedures set forth in the City's
Minimum Buildings Standard Code, including, but not
limited to,Chapter 7,Article 4, Section 7-109 of the Ciy
Code concerning the preservation of historic propertie .
ii. Emergency Demolition. The HPO may approve a demolition
permit for an emergency demolition for a historic property if the
City's Building Code Official or Development Inspection
Supervisor(or a similar position within the City)determines that
such historic property is in imminent danger of collapse and a
hazard to the public health, safety, or welfare. Prior to doing so,
the City's Building Code Official or Development Inspection
Supervisor (or a similar position within the City) must inspect
Ordinance No. 23166-04-2018
Page 22 of 45
the property and document, in writing, the findings and reasons
requiring an emergency demolition, a copy of which must be
forwarded immediately to the HPO. Such process will not
require the submission of an application for a COA or review for
appropriateness.
(4) Review Process
a. Step 1: Submission of an Application for a COA
1. An applicant must file an application for a COA with the HPO, which
will be in a form promulgated and approved by the HPO. Once the
HPO determines the application for appropriateness to be complete,th
HPO will determine the appropriate level of review. The application
must, at the very least, require the following items from all applicants:
i. Rationale for how the proposed change is compatible with
designation as HSE or HC;
ii. Rationale and evidence supporting loss of significance or proof
of unreasonable economic hardship, where applicable;
iii. A condition assessment of the historic property for demolition
requests;
iv. Rationale and evidence supporting the criteria for relocation,
including,without limitation,any contextual plans that show th
relationship between the existing historic property to b�
relocated and its recipient site, which may include, without
limitation, elevations and site and building sections;
v. Signature of the applicant verifying that the application is
complete and correct; and
vi. Any other information that the HCLC or HPO may determine to
be reasonably necessary.
2. Demolition by Way of Minimum Building Standards
i. To demolish a historic property, the City must follow the
processes and procedures set forth in the City's Minimuni
Buildings Standard Code, including, but not limited to, Chapter
7, Article 4, Section 7-109 of the City Code concerning the
preservation of historic properties.
ii. The HPO or HCLC may also file a written request with the City
department charged with enforcing the City's Minim
Building Standards Code, requesting that the City pursue a cas7
against a historic property.
b. Step 2a: Review and Action by the HPO
1. In considering an application for a COA, the HPO must, after talon
into consideration the criteria for evaluating appropriateness, eithe
approve, deny, or refer the application to the HCLC within thirty (30
calendar days after determining that the application is complete, or a
soon thereafter as is reasonably practicable.
2. The HPO may approve the application for appropriateness with or
Ordinance No.23166-04-2018
Page 23 of 45
without conditions.
3. The HPO is not required to provide notice to the public of applications
for appropriateness for which the HPO has jurisdictional review
authority, unless the HPO refers such an application to the HCLC for
review.
c. Step 2b: Review and Action by the HCLC
1. Public Hearing Required
i. All applications requiring review and a COA by the HCLC must
be considered by the HCLC at its next available public hearing
after the application has been determined to be complete by the
HPO, or as soon thereafter as is reasonably practicable.
ii. If an applicant is appealing a decision of the HPO, then such
review by the HCLC must be considered by the HCLC at its next
available public hearing after the Fort Worth City Secretary and
the HPO receive the applicant's notice of appeal, or as soon
thereafter as is reasonably practicable.
2. Consultation Meeting. For COA applications involving demolitionqr
relocation where the City is not the applicant, the HPO will coordinate
a consultation meeting at the historic property that is the subject of the
demolition or relocation,or another location agreed upon by the meeting
attendees. The meeting must include the applicant, property owner(s),
City staff, and interested parties. The purpose of the meeting is to
consult, in good faith, in a diligent effort to seek alternatives to
demolition or relocation. This requirement is not considered a
prerequisite to the demolition or relocation of a particular historic
property if the HPO has diligently pursued such meeting to no avail.
3. Notice of Public Hearing. The HPO must mail a notice of public hearing
to the property owner(s) located within 200 feet of the property listed
on the application for a COA at least ten(10) calendar days prior to the
HCLC hearing for which it will appear.
4. Decision of the HCLC
L The HCLC must conduct a public hearing on the applicant's
request for a COA, taking into consideration the applicable
criteria for evaluation.
A. For properties designated or pending designation as HSE
or HC,the HCLC must approve the case,with or without
conditions, deny the case, with or without prejudice, or
continue the case to a date certain.
B. For properties designated or pending designation as DD,
the HCLC must approve the COA, subject to any delay
or conditions imposed.
d. Step 3. Written Decision for a COA
1. All decisions of the HPO and the HCLC concerning a COA must be '
writing and state the decision and any findings necessary to support suc
decision. The HPO must mail a written copy of any decision to the
Ordinance No. 23166-04-2018
Page 24 of 45
applicant within thirty (30) calendar days after such decision has been
rendered.
(5) Conditions for Issuance of a COA for Demolition and Relocation
a. HSE and HC. As a condition for the issuance of a COA for demolition or
relocation of a historic property designated or pending designation as HSE or
HC, the HCLC or HPO, as appropriate, may require any of the following:
1. Preparation of a salvage plan;
2. Documentation of the historic property;
i. Photographs of the historic property or features to be
demolished;
ii. Written documentation of the significance of the historic
property; and
iii. Documentation that the site has been rezoned, replatted,
variances granted, or that other development requirements have
been met.
3. Scaled drawings of the floor plan and exterior elevations;
4. Scaled plan indicating the dimensions of the site and exact location of
each structure, property, and landscape feature on the site;
5. Preservation of trees, shrubs, and other landscaping of substantial
significance; and
6. Any other information that the HCLC or HPO, as appropriate, may
deem reasonably necessary to record the proposed demolition or
relocation, such as documentation in accordance with the Historic
American Building Survey or Historic American Engineering Record.
b. DD. Owners of historic property designated as DD who have received a permit
to demolish or relocate such property must document such historic property in
accordance with the Historic American Buildings Survey Documentation
Standards prior to the demolition or relocation. The owner must coordinate with
the HPO in documenting such property. Such owners must grant access to the
property to City staff during reasonable business hours to facilitate such
documentation.
(6) Additional Requirements for Demolitions and Relocations
a. Upon verification by the HPO that the approved demolition or relocation has
occurred, the HPO will prepare the following applications (where applicable):
1. For demolitions, an application to remove the historic designation from
the property.
2. For relocations, an application to remove the historic designation from
the vacant lot and designate the new lot where the historic structure has
been moved, which designation must be equal to or better than the
existing designation on the historic property.
b. For relocations, a permit may not be issued for the development of the vacated
lot until the rehabilitation of the relocated historic structure has occurred.
c. The owner of a relocated historic property must stabilize and substantially
Ordinance No. 23166-04-201.8
Page 25 of 45
rehabilitate the historic property within nine months from the date of approval.
If the owner fails to meet the nine-month term, then the HPO may extend the
deadline an additional six months. If a property owner fails to meet the
applicable deadline, the City may pursue any and all available remed2,1s
,
including, but not limited to, those set forth in the penalties section of
Historic Preservation Ordinance.
(7) Effect of a Denial for COA
a. When an application for a COA has been denied with prejudice and all appeals
have been exhausted, or when an applicant has withdrawn an application for
appropriateness after such application has been scheduled for hearing before
the HCLC, no new application of like nature will be accepted by the HPO or
scheduled for a hearing before the HCLC for a period of 12 months following
the final date of denial or withdrawal, unless the application is denied without
prejudice. Any denial by the HCLC will constitute a denial with prejudice
unless the HCLC specifically states on the record that the denial is without
prejudice.
b. Exception. If an applicant submits an application for a COA for the same
Historic Property that sets forth substantially different changes to that prope
than those changes that were denied with prejudice or withdrawn in the origin 1
application,then the HPO may waive the mandatory delay period and authorize
the acceptance as a new application to be considered anew in accordance with
the process set forth in this Historic Preservation Ordinance.
(8) Expiration of a COA. If, within two years from the date of the issuance of a COA,
the historic property owner has not begun construction as evidenced by issuance of
a building permit or a written contractual obligation to undertake a program of o
site construction, then such COA will expire. If the work for which a COA is-
approved
is not completed within 3 years from the date that the COA is issued,then
the COA will expire. The HCLC may grant extensions to allow the applicant o
complete the work if it finds by a preponderance of the evidence unusual a d
compelling circumstances justifying relief from the completion deadline.
(9) Other Permits Required. Any COA required by this Historic Preservation
Ordinance will be in addition to any other permits,variances, or approvals required
by local, state, or federal law, and must be obtained prior to the approval of any
building, demolition, relocation or other permit that is required by any code or
ordinance of the City of Fort Worth.
(10) Enforcement
a. All work performed pursuant to any approvals granted in this Historic
Preservation Ordinance, including, but not limited to, a COA, must conform to
the requirements set forth in this Historic Preservation Ordinance.
b. The HPO must periodically inspect any such work to ensure compliance. The
building official must issue a stop-work order for any work that is not in
Ordinance No. 23166-04-2018
Page 26 of 45
compliance with this Historic Preservation Ordinance and all such work must
immediately cease. No further work can be undertaken on a project while a
stop-work order is in effect, except at the discretion of the HPO where work is
deemed to not require a COA or other review as provided by this Histor c
Preservation Ordinance.
c. Within ten (10) business days after receiving a stop-work order, a property
owner must submit an application for all necessary approvals. Where a property
owner fails to submit such application within the required time period, the City
may pursue any and all available remedies, including, but not limited to, those
set forth in the penalties section of this Historic Preservation Ordinance.
(e) Unreasonable Economic Hardship
(1) Declaration of Unreasonable Economic Hardship. The HCLC may declare that an
unreasonable economic hardship exists as a basis for:
a. Recommending removal of a designation for historic property; or
b. Issuing a COA approving the demolition of historic property designated or
pending designation as HSE or HC.
(2) Burden of Proof. When a claim of unreasonable economic hardship is asserted,the
historic property owner must prove the following by a preponderance of evidencg:
a. The historic property is incapable of earning a reasonable rate of return in its
current or rehabilitated state, regardless of whether that return representse
most profitable return possible, unless the HSE, HC, or DD designation, s
applicable, is removed or the proposed demolition is allowed;
b. The historic property cannot be reasonably adapted for any other feasible use,
whether by the current owner or by a purchaser, which would result in a
reasonable rate of return; and
c. The historic property owner has demonstrated reasonable, good faith efforts to
find a purchaser or tenant interested in acquiring or leasing the historic property.
(3) Proof of Hardship
a. The information to be considered as evidence of an unreasonable econom'c
hardship must include,at a minimum,the following items,all of which muste
submitted to the HPO as part of an application asserting an unreasonab e
economic hardship.
1. For all structures and property:
L The original purchase price of the structures and property;
ii. The name and legal status (e.g., partnership, corporation) of the
owner(s);
iii. For proposed demolitions, a signed building assessment repo
from a licensed engineer or contractor, with experience n
rehabilitation,as to the structural soundness of any structures on
the historic property and their suitability for rehabilitation and
including a cost estimate for repairs;
Ordinance No. 23166-04-2018
Page 27 of 45
iv. A cost estimate for demolition;
v. The past and current use of the historic property;
vi. The assessed value of the historic property according to the two
most recent tax assessments;
vii. The amount of real estate taxes on the property for the previous
two years;
viii.The date of purchase or other acquisition of the historic
property;
ix. Principal balance and interest rate on the current mortgage and
the annual debt service on the historic property, if any, for the
previous two years;
x. All appraisals obtained by the owner or applicant within the
previous two years in connection with the owner's purchase,
financing or ownership of the historic property;
xi. Any listing of the historic property for sale or rent,asking price,
and offers received;
xii.Any consideration given by the owner to profitable adaptive
uses for the historic property;
xiii.Any replacement construction plans for proposed improvements
on the historic property;
xiv.Financial proof of the owner's ability to complete any
replacement project on the historic property,which may include,
without limitation, a performance bond, a letter of credit, a trust
for completion of improvements,or a letter of commitment from
a financial institution; and
xv. Proof that the owner's affirmative obligations to maintain the
historic property make it impossible for the owner to realize a
reasonable rate of return on the historic property.
2. Additional requirements for an income producing historic property:
i. Annual gross income from the property from the previous two
years;
ii. Itemized operating and maintenance expenses from the previous
two years; and
iii. Annual cash flow, if any, from the previous two years.
3. The HCLC or HPO may require that an applicant furnish additional
information relevant to a determination of unreasonable economic
hardship.
b. Claims of unreasonable economic hardship by the historic property owner must
not be based on conditions resulting from the following:
1. Evidence of demolition by neglect or other willful and negligent acts by
the owner;
2. Purchasing the property for substantially more than market value at the
time of purchase;
3. Failure to take into account historic properties in the planning and
design stage of development or proposed development;
Ordinance No. 23166-04-2018
Page 28 of 45
4. Failure to perform normal maintenance and repairs;
5. Failure to diligently solicit and retain tenants; or
6. Failure to provide normal tenant improvements.
(4) Unreasonable Economic Hardship for HC Districts
a. Where an individual historic property in a HC District is demolished pursuant
to a COA issued as a result of an unreasonable economic hardship, then the
historic property that was the subject of the COA for demolition must retain its
designation as a historic property within the HC District and will be subject to
all requirements for historically designated property that are set forth in this
Historic Preservation Ordinance.
b. HC District designation can only be removed from the entire HC District in
accordance with the process for removal of historic designations set forth in this
Historic Preservation Ordinance.
(f) Historic Site Tax Exemption
(1) Purpose and Intent. The purpose of this section is to set out the parameters that
encourage the appropriate treatment of historic properties through the use of tax
exemptions. With the exception of historic site tax exemptions of the entire
assessed value of a particular structure,the intent of the historic site tax exemption
is and has always been for the property receiving the tax exemption to be in the
same position vis-a-vis City of Fort Worth taxes for the entire term of the
exemption, assuming that market values are generally increasing.
(2) Authority. The tax exemption described in this section is adopted pursuant to the
authority provided in Article 8, Section 1-f of the Texas Constitution and Section
11.24 of the Texas Tax Code. In accordance with Section 11.24 of the Texas Tax
Code, a structure that is individually designated as HSE or HC or located in a HC
District, and the land necessary for access to and use of the structure, is deemed to
be a historically significant site in need of tax relief to encourage its preservation.
(3) Pre-Existing;Historic Site Tax Exemptions.
a. Any application for a historic site tax exemption submitted on or after May 1,
2018 will be governed by the provisions of this Section 4.401(f)of the Historic
Preservation Ordinance. An application for a historic site tax exemption that
was submitted prior to May 1, 2018 will receive consideration under the
ordinance then in effect; provided, however, that any application for a historic
site tax exemption that was received by the HPO on or before December 31,
2015, and that does not receive approval and verification of a tax exemption
that commences on January 1, 2019, will automatically expire without further
notice to the applicant.
b. A historic site tax exemption lawfully granted by the City Council prior to May
1, 2018 under the ordinance then in effect remains valid until expiration or
termination.
Ordinance No. 23166-04-2018
Page 29 of 45
(4) Eligibility
a. Subject to the provisions of this Section 4.401(f), a structure that is individually
designated as HSE or HC or a contributing historic structure located in a HC
District, and the land necessary for access to and use of the structure, that is
substantially treated in accordance with this Historic Preservation Ordinance
will be eligible to receive a historic site tax exemption. For purposes of this
Section 4.401(f), any use of the term "Structure and Land" is intended to refer
to the eligible structures (which includes improvements) and land set forth
immediately above.
b. An application for a historic site tax exemption must be received and approved
by the HPO prior to the commencement of treatment to be eligible to receive
the historic site tax exemption. Failure to meet this requirement will bar
eligibility for a historic site tax exemption.
c. The Structure and Land will be eligible to receive a historic site tax exemption
once every twenty (20) years, provided that the requirements set forth in this
section have been met and the Structure and Land are not in violation of the
Zoning Ordinance, including this Historic Preservation Ordinance. The twenty
(20) year period begins in the year that the corresponding historic site tax
exemption commences.
d. Eligible costs for substantially treating a structure includes those costs incurred
for, and that reasonably relate to,treatment.
1. Costs incurred for treatment of the following non-exclusive list of items
are deemed eligible costs:
i. Structural walls;
ii. Structural subfloors;
iii. Structural ceilings;
iv. Exterior doors;
V. Exterior paint;
vi. Windows;
vii. Exterior brick veneers or treatments;
viii. Roof and gutter where necessary for structural integrity;
ix. Facade items;
X. Foundation;
xi. Termite damage and treatment;
xii. Mechanical, electrical wiring, and plumbing systems;
xiii. Architectural and engineering services if directly related to
the eligible costs described above;
xiv. Elevators; and
xv. Demolition and cleanup if directly related to the eligible costs
described above.
2. Costs incurred for treatment of the following non-exclusive list of
items are deemed ineligible costs:
i. Plumbing and electrical fixtures, except those fixtures that
are a documented replacement of historic fixtures;
Ordinance No. 23166-04-2018
Page 30 of 45
ii. Security and fire protection systems;
iii. Overhead;
iv. Taxes;
V. Supervisor payroll;
vi. Repairs of construction equipment;
vii. New additions;
viii. Purchase or rental of tools and equipment; and
ix. Any other items not directly related to the exterior
appearance or the structural integrity or viability of the
structure.
e. All work must be performed in accordance with the provisions of this Historic
Preservation Ordinance and all applicable federal, state, and city laws, rules,
and regulations.
f. The owner of the Structure and Land must ensure that the HPO is permitted to
investigate the same prior to commencing any treatment work to assess
eligibility for the historic site tax exemption.
g. The Structure and Land will not be eligible for a historic site tax exemption nor
will any property owner receive any form of refund for city ad valorem taxes
paid on the Structure or Land for any years prior to verification and approval of
a historic site tax exemption by the Fort Worth City Council.
h. Multi-family residential facilities that are eligible for a historic site tax
exemption under Section 32-41 of the City Code will not be eligible to receive
a tax exemption under this section of the Historic Preservation Ordinance after
May 1, 2018.
i. Properties receiving a tax abatement within a City of Fort Worth Neighborhood
Empowerment Zone are not eligible to apply for or receive a historic site tax
exemption until after expiration of the abatement.
j. The property tax exemption provided under this Historic Preservation
Ordinance is intended to be of limited duration only and is not intended to limit
property values or tax assessments for a longer or permanent duration such as
those associated with an ad valorem tax limitation.
1. Notwithstanding anything to the contrary in this Historic Preservation
Ordinance, if an individual qualifies a property (i) to receive a special
valuation under Subchapters B through H of Chapter 23 of the Tax Code
except for a homestead special valuation under Section 23.23 or (ii) to
receive an ad valorem tax limitation,then the applicable historic site tax
exemption ends, effective on the date on which the special valuation or
ad valorem tax limitation becomes effective, such that the historic site
tax exemption will not be included in calculating any such tax
limitation.
(5) Description of Historic Site Tax Exemption
a. During the term of the historic site tax exemption, the Structure and Land will
receive an exemption in an amount equal to the difference between the
following:
Ordinance No. 23166-04-2018
Page 31 of 45
I. The City of Fort Worth current-year taxable value after application of
any other applicable exemptions, including, without limitation, the
homestead exemption; and
2. The City of Fort Worth base-year taxable value after application of
any other applicable exemptions, including, but not limited to, the
homestead exemption.
b. Below are examples of the intended application of the tax exemption as applied
to a property receiving the City's homestead exemption of 20%on the appraised
value and no other exemptions (other than the historic site tax exemption).
1. Base Year: Assume appraised value of$100,000.
Base year appraised value $100,000
- Homestead exemption - $20,000
Base year taxable value $80,000
2. Year 3: Assume appraised value increases to $120,000.
Appraised value $120,000
- Homestead exemption - $24,000
Current year taxable value $96,000
- Base year taxable value - $80,000
Historic site tax exemption $16,000
3. Year 5: Assume appraised value increases to $140,000.
Appraised value $140,000
- Homestead - $28,000
Current year taxable value $112,000
- Base year taxable value - $80,000
Historic site tax exemption $32,000
4. Year 6: Assume appraised value decreases to $80,000.
Appraised value $80,000
- Homestead - $16,000
Current year taxable value $64,000
- Base year taxable value - $80,000
Historic Site Tax Exemption $0
5. Year 10: Assume appraised value increases to $110,000.
Appraised value $110,000
- Homestead - $22,000
Current year taxable value $88,000
Ordinance No. 23166-04-2018
Page 32 of 45
-Base year taxable value - $80,000
Historic Site Tax Exemption $8,000
c. As reflected in the examples above, a historic site tax exemption only applies
in those years during the exemption's term in which the property's taxable value
(after application of other applicable exemptions) is greater than the property's
base-year taxable value.
d. As shown in Example 4 above, if in any year a property's taxable value (after
application of other applicable exemptions)is less than the property's base-year
taxable value, no historic site tax exemption will apply. The term of a historic
site tax exemption will not be extended on the basis that the property's taxable
value was less than the property's base-year taxable value in one or more years.
e. As reflected in Example 5 above, if a property's taxable value subsequently
exceeds the base-year taxable value, the historic property tax exemption will
again apply to the extent the property's taxable value (after application of all
other applicable exemptions) is greater than the property's base-year taxable
value.
(6) Term
a. Base Term. The base term for the tax exemption is ten(10)years,commencin
on January 1 of the tax year immediately following verification and approval 0�
the tax exemption by the Fort Worth City Council.
b. Extended Term. To encourage early treatment of structures and land, if
substantial treatment is completed and the Fort Worth City Council verifies and
approves the historic site tax exemption within two (2) years after being
designated as HSE, then the Structure and Land are eligible for an extended
term of five years following expiration of the base term, resulting in a total
duration of fifteen (15) years. Otherwise, the Structure and Land will only be
eligible for the ten(10)year base term.
(7) Application Process
a. Step 1: Submission and Review of Application for Tax Exemption
1. An applicant may initiate the application process for a historic site tax
exemption by submitting a fully completed and signed application to th
HPO, which will be in a form promulgated and approved by the HPO.
The application for a historic site tax exemption must be submitted prior
to commencing treatment.
2. An application for a historic site tax exemption may be processed
concurrently with an application for any COA for the same structure.
3. Once an application for a historic site tax exemption is deemed complete
by the HPO,the HPO will send the property owner a letter that sets fort.
the date that the HPO determined the application to be complete, the
base-year taxable value, the projected term of the historic site tax
exemption, and the deadline for completion of substantial treatment.
b. Step 2: Deadline to Complete Substantial Treatment
Ordinance No.23166-04-2014
Page 33 of 45
1. The deadline to complete substantial treatment will run concurrently
with the deadline associated with a COA for the same treatment project
in Section 4.401(d)(8).
c. Step 3: Verification of Substantial Treatment by the HPO
1. After the subject Structure and Land has been substantially treated, th
applicant must submit a sworn statement of completion to the HM
attesting to the fact that the Structure and Land that is the subject of the
application for a historic site tax exemption has been substantially
treated as required herein.
2. The sworn statement must be in a form promulgate and approved by the
HPO; provided, however, that the form must, at the very least, requir�j
the applicant to provide copies of all receipts for costs and be signed and
sworn to by the property owner of the Structure and Land that is the
subject of the application.
3. No later than thirty (30) business days after receiving the sworn
statement of completion and any required supporting documents from
the historic property owner,the HPO must make an investigation of the
subject Structure and Land to verify whether the treatment project has
been completed. If the HPO finds that the Structure and Land that is th
subject of the application for the historic site tax exemption have not
been substantially treated or the treatment does not comply with th
applicable COA, then the HPO must notify the applicant, in writing, o�
its decision, along with the reasons supporting any such findings. The
applicant will have until the applicable deadline to complete th
treatment project or remedy any identified deficiencies. If the HM
finds that the Structure and Land that is the subject of the application
for the historic site tax exemption have been substantially treated i�}
accordance with the applicable COA, then the HPO must recommend
approval of such tax exemption to the HCLC and the Fort Worth City
Council.
d. Step 4: Consideration by the HCLC
1. Once the HPO verifies that the Structure and Land that is the subject of
an application for a historic site tax exemption have been substantially
treated, then the HPO will schedule a hearing before the HCLC for
consideration of the exemption.
2. The HCLC must conduct a hearing and recommend approval or denial
of the historic site tax exemption to the City Council or continue the
case to a date certain.
e. Step 5: Consideration by City Council
1. No less than once per calendar year, the HPO must submit to the Fort
Worth City Council for consideration any outstanding applications for
verification of historic site tax exemptions that have received a
recommendation from the HCLC.
Ordinance No. 23166-04-2018
Page 34 of 45
2. The City Council may declare the property to be entitled to the historic
site tax exemption as provided herein upon verification of completion
of treatment project.
f. Step 6: Execution of Commitment to Repay.
1. Following approval of a historic site tax exemption by the Fort Worth
City Council, the property owner must record a commitment to repay
document provided by the HPO as a notice of the historic site tax
exemption and commitment to repay taxes in the event of default.
Failure to record such a document in the official property records of the
county where the property is located may result in the delay of receipt
of a historic site tax exemption.
2. The purpose of the commitment to repay is to provide information on
the approved scope of treatment work, the terms of the historic site tax
exemption, and penalties for negligently or willfully destroying the
subject property during the term of the exemption.
3. The commitment to repay must be filed by the owner in the official,
property records of the county where the property is located, will rung
with the land, and will bind the owner and any heirs and assigns. Within
ten (10) calendar days of filing, the owner must provide the HPO with
a copy of the receipt or invoice proving that the commitment to repay
has been filed. Any unpaid amount will constitute a lien against the
property. Failure to record such a document may result in the delay of
receipt of the historic site tax exemption.
g. Step 7: Notification of Taxing Authorities
1. The HPO will give written notice of approval of the historic site tax
exemption to the chief appraiser of the appraisal district for the county
in which the property is located and designated staff for the City of Fort
Worth.
2. Thereafter, the property owner will be entitled to the applicable historic
site tax exemption, commencing on January 1 of the tax year
immediately following verification and approval by the Fort Worth City
Council.
3. Nothing in this article relieves the property owner from the..
responsibility to apply to the appraisal district for the county in which
the property is located each year for the historic site tax exemption
pursuant to the terms of the Texas Tax Code.
(8) Transferability of Historic Site Tax Exemption. The benefits of the historic site tax
exemption are transferrable to subsequent owners of the same property.
(9) Expiration of Historic Site Tax Exemption. Upon expiration of the base term or
extended term, as applicable, the historic site tax exemption automatically expires
without further action by the city, and the Structure and Land will be taxed in
accordance with all applicable laws.
Ordinance No. 23166-04-2018
Page 35 of 45
(10) Loss of Historic Site Tax Exemption
a. Where a historic property designated as HSE or HC is partially destroyed or
altered or completely demolished as a result of willful or negligent acts or
omissions without the appropriate City approvals, the HPO will notify the
owner of violations in writing and specify a deadline for correction of such
violations if such a correction is feasible. The HPO may amend the deadline as
needed. If satisfactory corrective measures are not undertaken within the time
specified or corrective measures are not feasible, then the HPO may initiate
procedures to terminate the historic site tax exemption by scheduling the case
for review by the HCLC. The HCLC must make a recommendation to City
Council concerning whether to terminate the tax exemption. Upon approval of
the termination of the exemption by Fort Worth City Council, the HPO will
notify the chief appraiser of the appropriate appraisal district of the termination
of the exemption and the property owner will be required to repay the greater
of the city taxes exempted,plus interest calculated at the rate of ten percent per
year, or the maximum amount allowed by law pursuant to the terms of the
commitment to repay. The city's remedies pursuant to the commitment to repay
will be in addition to all rights and remedies pursuant to the Texas Tax Code.
b. Where a historic property designated as HSE or HC is completely demolishe4,
partially destroyed, or altered due to an event that is not the result of a willf 1
act or negligence, and it is determined that repair is unfeasible, or the damage
is irreversible and has caused the property to lose historical significance or
status as a contributing historic property to a HC District, the HPO will notify
the chief appraiser of the appraisal district of the termination of the historic site
tax exemption. Repayment of the tax revenues and interest is not required.
(g) Appeals
(1) Appeal of the HPO. An applicant may appeal the decision of the HPO to the HCLC.
A written notice of appeal must be filed with the Fort Worth City Secretary's Office
and the HPO within fifteen (15) calendar days after the HPO mails written
notification of such decision to the applicant. The written notice of appeal must
specify the grounds for appeal. Any appeal to the HCLC will be reviewed de novo.
(2) Appeal of the HCLC
a. Eligibili1y. An interested party may appeal all decisions of the HCLC to t)e
Board of Adjustment, except those relating to historic designations and tax
exemptions (which are decided by the Fort Worth City Council). A written
notice of appeal must be filed with the Fort Worth City Secretary's Office and
the HPO within fifteen (15) calendar days after the HPO mails written
notification of the decision to the applicant. The written notice of appeal must
specify the grounds for appeal.
b. Public Hearing. A hearing on such appeal will be scheduled with the Board of
Adjustment within 30 calendar days after the City Secretary's Office and the
HPO receive the written notice of appeal, or as soon thereafter as is reasonably
Ordinance No. 23166-04-20118
Page 36 of 45
practicable. The HPO will forward a complete record of the matter, including,
but not limited to, a transcript of the hearing before the HCLC, to the Board of
Adjustment. At the hearing, the City and the applicant, will have the
opportunity to be heard. The Board of Adjustment may consider the testimony
and evidence concerning the previous recommendations and actions of city staff%
and the HCLC.
c. Standard of Review. The standard of review before the Board of Adjustment
is the substantial evidence test. The burden of proof is on the appealing party
to establish that the record reflects the lack of substantial evidence in support,
of the HCLC decision.
d. Decision of the Board of Adjustment.
1. The Board of Adjustment may affirm or reverse any decision of the
HCLC or remand any case,either in whole or in part, back to the HCLC
for further review.
i. The Board of Adjustment must remand the matter back to the
HCLC in instances where testimony and evidence material to the
matter is presented that was not previously available at the time
of the HCLC hearing.
ii. The Board of Adjustment must reverse the decision of the HCLC
if the HCLC's decision is not reasonably supported by
substantial evidence, considering the record as a whole.
iii. The Board of Adjustment may not substitute its judgment for the
judgment of the HCLC on the weight of the evidence on
questions committed to the HCLC's discretion.
2. Administrative Remedies Exhausted. An appeal hearing before the
Board of Adjustment will exhaust the administrative remedies of the
appellant under this Historic Preservation Ordinance.
(h) Penalties
(1) Fines. Any person or entity that fails to comply with the provisions of this Historic
Preservation Ordinance will be subject to the fines set out in Section 1-6 of the City
Code.
(2) Restrictions on Future Development
a. If a Historic Property is demolished or relocated without a COA, then the
following restrictions set forth below will be applicable to the property at the
site where the property was formerly located:
I. No building or other permits will be issued for construction on the
property, with the exception of a permit to restore such property after
obtaining a COA, for a period of five years after the date of such
demolition or relocation;
2. No permits will be issued by the city for any curb cuts on the property
for a period of three years from and after the date of such demolition or
relocation;
Ordinance No. 23166-04-2018
Page 37 of 45
3. No parking lot for vehicles will be operated on the property for a period
of three years from and after the date of such demolition or relocation;
and
4. The owner of the property must maintain the same in a clean and orderl
state and must properly maintain all existing trees and landscaping o
the site.
b. When these restrictions become applicable to a particular property, the HPO
will cause to be filed a verified notice thereof in the real property records of the
county where the property is located and such restrictions will then be binding
on future owners of the property. The restrictions imposed by this section will
be in addition to any applicable fines.
(3) Cumulative Remedies. The provisions of this section are cumulative of all other
enforcement procedures and penalties that are available at law or in equity,
including, but not limited to, those available for adversely affecting historic
structures or property under Texas Local Government Code §§ 54.001 et seq.,
211.001 et seq., 214.001 et seq., and 315.006 and Texas Government Code §
442.016.
SECTION 3.
Chapter 9,"Definitions"of Ordinance No.21653,the Zoning Ordinance of the City of Fort
Worth, Section 9.101, "Defined Terms" is hereby amended to add, delete, and revise certain
definitions related to the Historic Preservation Ordinance,which shall read as follows:
9.101 Defined Terms
AD VALOREM TAX LIMITATION. For purposes of the Historic Preservation Ordinance,�'
VALOREM TAX LIMITATION means a program established by law under which the total
amount of taxes that may be assessed by the City would be capped or frozen based on actual taxes
paid in a qualifying year. For purposes of determining taxes to be paid in a qualifying year, other
applicable property tax exemptions, such as a homestead exemption, will be applied but the
historic site tax exemption would not.
ADVERSE EFFECT. For purposes of the Historic Preservation Ordinance, ADVERSE
EFFECT means a direct or indirect effect on the significance or integrity of a historic property
that is or would be caused by an action. An indirect effect may be caused by an action but may
occur later in time or farther removed in distance but is still reasonably foreseeable.
APPLICANT. For purposes of the Historic Preservation Ordinance,anAPPLICANT is a property
owner, or a designated and duly authorized representative or agent of the property owner, that
submits an application pursuant to the Historic Preservation Ordinance; provided, however, that
when the City submits an application, it is not necessary for it to be the property owner.
Ordinance No. 23166-04-208
Page 38 of 45
AS'SE &P V4LbE- e f § n , H st,.,.; P, Over-lay stiic�, the
�P�F��3 T � acvr�r�et'4�rrcrorr-
the-apprepriate appraisal distfierinaeeefdanee wh the Texas T C a
BASE-YEAR TAXABLE VALUE: For purposes of the Historic Preservation Ordinance, the
BASE-YEAR TAXABLE VALUE means the taxable value of a structure, and the land necessar
for access to and use of the structure, on the City's certified appraisal roll as of December 31 0
the year prior to the date upon which the HPO determines that an application for a historic site to
exemption is complete. For avoidance of doubt and consistent with state law, "taxable value" as
used herein means a property's appraised value less all applicable property tax exemptions.
CERTIFICATE OF APPROPRIATENESS. For the purposes of the Historic Preservati0
Ordinance, a CERTIFICATE OF APPROPRIATENESS is a signed and dated documen�
evidencing the approval of the Historic and Cultural Landmarks Commission or the Historic
Preservation Officer, as appropriate, for work proposed by an owner or applicant of a histori6
property.
CERTIFIED LOCAL GOVERNMENT PROGRAM. A local, state, and federal governmen
partnership to empower local communities to better protect historic properties by identifying loZ
priorities,meeting recognized historic preservation standards and providing access to financial and
technical services to further the identification, evaluation,designation and protection of buildings,
sites, districts, structures, and objects.
COMPLETE APPLICATION. For purposes of the Historic Preservation Ordinance, a
COMPLETE APPLICATION is an application that contains all information required by th
Historic Preservation Ordinance and all that is necessary to fully support the sufficiency of
request, including, without limitation, a full description and illustration of the nature and scope of
a request, and which must include the signature of the applicant verifying the information
provided.
,
ef f-evisien and meets the efiteria in § 4.401. Afty pr-epeAy#tat does not meet this d-efiflfti.t.i M- :h�il
be neneefAributing.
CULTURAL MOTIF. For purposes of the Historic Preservation Ordinance, CULTURAIL
MOTIF is a recurrent architectural element or dominant style found in the design of a building.
DEMOLITION BY NEGLECT. For purposes of the Historic Preservation Ordinance,
DEMOLITION B YNEGLECT is the consistent failure to maintain a structure that causes, or is a
substantial contributing factor of, the deterioration of building materials to such an extent that the
structure is no longer safe or its rehabilitation is no longer feasible, ultimately leading to its
demolition.
Ordinance No. 23166-04-2018
Page 39 of 45
ECON-OAHC IMPMVIIA. For- L*t es of , Histefie PTesen,atien Ovef
rvuovuub.le
, feta ff, make able bene,;eiause of the p efty
va�. o ar�.viavair'`� o
EL"IENTI
f The pttfpese of§ > ,
> eetild be demelished ef feleeated with little of no eensequenee to the histefieal>
AVAL>~-SSIEArTI I L'I 1c]I IL'ArT i the desig,, g tide nes f«s e r pefty
kJ Cl�♦Vl� LUUL
EMERGENGFREA4
• , ,
effieial te be imminently dangefetts te life, health and safety.
HISTORIC CONTEXT. For purposes of the Historic Preservation Ordinance, HISTORIC
CONTEXT means information about historic trends and properties grouped by an important theme
in the prehistory or history of Fort Worth, the State of Texas, or the United States during a
particular period of time.
HISTORIC PROPERTY. For purpose of the Historic Preservation Ordinance, a HISTORIC
PROPERTY is a building, site, structure, or object designated or pending designation as Highly
Significant Endangered, Historic and Cultural Landmark (either individually or within a Historic
and Cultural Landmarks District), or Demolition Delay.
gSTnDlG I V S1GAVF4G4ALT C`ITL N AWED OV T, R.EL 'L' For- the purpose of R
> >
together- with the !and neeessafy
designated highly signifieant endanger-ed; of (2) it has been designated hister-ie and etthufal
HISTORIC PROPERTY, CONTRIBUTING. For purposes of the Historic Preservation
Ordinance, a CONTRIBUTING HISTORIC PROPERTY is a building, site, structure, or object
that adds to the historic significance of a designated historic property.
HISTORIC PROPERTY, NON-CONTRIBUTING. For purposes of the Historic Preservation
Ordinance, a NON-CONTRIBUTING HISTORIC PROPERTY is a building, site, structure, or
object that does not add to the historic significance of a designated historic property and which is
designated as a non-contributing resource in the design standards and guidelines for such district
if such design standards and guidelines exist. Such designation is meant to provide greater latitude
for utilization of the historic property; however, all modifications must conform to the applicable
design standards and guidelines.
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NATIONAL REGISTER OF HISTORIC PLACES. The official federal list of buildingsy
districts, and sites (including structures and objects) significant in American history and culture,
architecture, archeology, and engineering maintained by the National Park Service and
administered on a state-wide basis of the Texas Historical Commission. Restrictions on these
properties exist only when there is an undertaking that uses federal funds or that requires a federal
permit or license.
N0A[E9 BMN&GL Fofthe pttfpese ef-4.401, Histafi„ n,-esefyati,., Over-lay Dist-,.;
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OBJECT. For purposes of the Historic Preservation Ordinance,an OBJECT is a construction that
is primarily artistic in nature or relatively small in scale and simply constructed that is affixed to
property or immovable.
PRESERVATION. For purposes of the Historic Site Tax Exemption, PRESERVATION means
the act or process of applying measures necessary to sustain the existing form, integrity, and
materials of the exterior of a historic property. Work, including preliminary measures to protect
and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic
materials and features rather than extensive replacement and new construction.
RECONSTRUCTION. For purposes of the Historic Site Tax Exemption,RECONSTRUCTION
means the act or process of depicting, by means of new construction, the form, features, and
detailing of the exterior of a non-surviving site, landscape, building, structure, or object for the
purpose of replicating its appearance at a specific period of time and in its historic location.
REHABILITATION. For purposes of the Historic Site Tax Exemption, REHABILITATION is
the act or process of making possible a compatible use for a property through exterior repair or
alterations while preserving those portions or features that convey its historical, cultural, or
architectural values.
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RELOCATION, ALTERNATIVES. For purposes of the Historic Preservation Ordinance,
ALTERNATIVES when referring to relocation refers to options other than the proposed relocation
that may be a practical means of saving a historic property from demolition.
RELOCATION, INTERIMAND LONG-TERMPROTECTION. For purposes of the Historic
Preservation Ordinance, INTERIM AND LONG-TERM PROTECTION when referring to
relocation means effective planning and protective measures initiated before relocation that
address the methods, scope, scale, and timeline of a relocation and rehabilitation of a historic;
property.
RELOCATION, RARITY. For purposes of the Historic Preservation Ordinance,RARITY when
referring to relocation means a historic property that is one of the older structures in a historic
district or has a design that has a distinctive character that is rare in Fort Worth.
RELOCATION, SETTING OF THE EXISTING AND RECIPIENT SITE. For purposes of the
Historic Preservation Ordinance, SETTING OF THE EXISTING AND RECIPIENT SITE
when referring to relocation means the physical environment of a historic property (and its
recipient site) that illustrates the character of the place. Integrity of setting remains when the;
surroundings of a place to navigation have not been subjected to radical change.
RELOCATION, STREETSCAPE INTEGRITY. For purposes of the Historic Preservation
Ordinance, STREETSCAPE INTEGRITY when referring to relocation, streetscape integrity
refers to the effect of reinforcing the intactness of a streetscape through the relocation of similar
historic properties.
RELOCATION, STRUCTURAL INTEGRITY. For purposes of the Historic Preservation
Ordinance, STRUCTURAL INTEGRITY when referring to relocation refers to the effect on the
structural soundness of a historic property or other nearby historic properties due to relocation.
designated hister-ie and eultufal landmark er-highly signifiean4 endanger-ed and whieh is elassifi
as a ntfib,,ting r-esetffee in the design guidelines f sueh suedist iet„ st...,,,t,�
designated as highly signifieant endangered or-histerie and ettkuFal landmark, does net eefitlibil
ffiedifieatiens shall eenfefm to the design guideh*es-.
RESTORATION. For the purposes of the Historic Site Tax Exemption,RESTORATION means
the act or process of accurately depicting the form, features, and character of the exterior of a
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historic property as it appeared at a particular period of time by means of the removal of features
from other periods in its history and reconstruction of missing features from the restoration period.
SECRETARYOF THE INTERIOR'S STANDARDS FOR THE TREATMENT OF HISTORIC
PROPERTIES. The standards established by the Secretary of the Interior and set out in 36 Code
of Federal Regulations Part 68, as amended or may be amended in the future.
SECRETARY OF THE INTERIOR'S PROFESSIONAL QUALIFICATIONS STANDARDS.
The standards established by the Secretary of the Interior and set out in 36 Code of Federal]
Regulations Part 61, Appendix A, as amended or may be amended in the future, for advising
federal, state, and local agencies on professional qualifications standards for the identification,
evaluation, documentation,registration,treatment, and interpretation of historic and archeological
resources.
SETTING. For purposes of the Historic Preservation Ordinance, setting of a heritage structure,
site, or area is defined as the immediate and extended environment that is part of, or contributes
to, its significance and distinctive character. Beyond the physical and visual aspects, the setting
includes interaction with the natural environment and past or present social or spiritual practices,
customs, traditional knowledge, use or activities and other forms of intangible cultural heritage
aspects that created and formed the space as well as the current and dynamic cultural, social, and
economic context.
SPATIALLY DISCRETE. For purposes of the Historic Preservation Ordinance, SPATIALLY
DISCRETE means two or more historic properties separated by non-significant areas where the
space between the historic properties is not related to the significance of a historic district and
visual continuity is not a factor in the significance.
STATE HISTORIC PRESERVATION OFFICE (SHPO). The state office responsible for
administering federal historic preservation programs as defined in the National Historic
Preservation Act of 1966, as amended and or may be amended in the future. The Executive
Director of the Texas Historical Commission serves as the SHPO for the State of Texas.
SITE. For purposes of the Historic Preservation Ordinance, a SITE is the location of a significant
event, a prehistoric or historic occupation or activity, or a building or structure, whether standing,
ruined, or vanished, where the location itself possess historic, cultural, or archeological value
regardless of the value of any existing structure.
SUBSTANTIAL TREATMENT. For purposes of the Historic Preservation Ordinance,
SUBSTANTIAL TREATMENT means treatment at a cost that equals or exceeds the greater of(i)
$3,000.00 or(ii) 20%of the appraised value of a structure as of the year prior the year in which a.
historic site tax exemption application is deemed complete as determined by the HPO.
TREATMENT. For purposes of the Historic Site Tax Exemption, TREATMENT means
rehabilitation, preservation, reconstruction, restoration or any combination of those activities as
they are defined in this ordinance. Treatment also includes "treated".
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UAW&4rS0A;4 LE E-G �Ar$AMC M4RDSHM. For the wpeof § 4.40'�nster-i1
, ,
oa by the Thea States Supreme Goui-t in Penn Gent ,l
.
SECTION 4.
Chapter 9,"Definitions"of Ordinance No. 21653,the Zoning Ordinance of the City of Fort
Worth, Section 9.101, "Defined Terms" is hereby further amended replace the phrase(s) "Section
4.401", "§ 4.401", and "§ 4.401, Historic Preservation Overlay District" with "Historic
Preservation Ordinance".
SECTION 5.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (2015), 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 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 7.
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($2,000.00)for each offense. Each day that a violation
exists shall constitute a separate offense.
SECTION 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 Ordinances No. 3011, 13896, 21653 and any other ordinances
affecting zoning 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 and criminal,whether pending in court
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or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption, penalty clause, and effective 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.
SECTION 10.
All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended
shall remain in full force and effect.
SECTION 11.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY: .ATTEST:
By:
Ty er . W ch Mary J. K e
Assistant ty Attorney City Secretary
ADOPTED: April 3. 2018
EFFECTIVE:
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