HomeMy WebLinkAboutOrdinance 17647-07-2007ORDINANCE NO.17647-07-2007
AN ORDINANCE AMENDING THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF FORT WORTH,
BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS
APPENDIX "A" OF THE CODE OF THE CITY OF FORT
WORTH, BY AMENDING ARTICLE 5, "HISTORIC
PRESERVATION OVERLAY DISTRICTS ("HSE", "HC", "DD")
OF CHAPTER 4 "DISTRICT REGULATIONS" TO REPEAL
THE LANGUAGE IN SECTIONS 4.500 THROUGH 4.510 AND
REPLACE WITH SECTIONS 4.500 THROUGH 4.512
CONTAINING NEW LANGUAGE FOR REGULATING
HISTORIC PROPERTIES; PROVIDING THAT THIS
ORDINANCE SHALL BE CL)MiTLATIVE; 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, the City Council adopted the Citywide Historic Preservation Plan in
July 2003;
WHEREAS, the Preservation Plan containedtwenty-one recommended
amendments to Chapter 4, "District Regulations", Article 5 "Historic Preservation
Overlay Districts" of the Zoning Ordinance, also known as the Preservation Ordinance to
make the ordinance more easily understood; and
WHEREAS, city staff has incorporated recommended amendments, revised
language and revised the order of sections in the current preservation ordinance; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL,
OF THE CITY OF FORT WORTH, TEXAS AS FOLLOWS:
SECTION 1.
Chapter 4, "District Regulations" Article 5 "Historic Preservation Overlay
Districts" ("HSE", "HC", "DD") of Ordinance No. 13896, the Zoning Ordinance of the
City of Fort Worth, "Historic and Cultural Landmarks Commission", is amended to repeal
the language contained in sections 4.500 through 4.510 and replace with new and revised
language to be contained in sections 4.500 through 4.512, to read as follows:
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ARTICLE 5. I3IST®RIC PRESERVATI®N ®VERLAY DISTRICTS ("IISE,"
~~RC~~, .,DD.-)
Sec. 4.500. Purpose and intent.
As a matter of public policy, the protection, enhancement and perpetuation of landmarks
or districts of historical, cultural, architectural or archeological importance and
significance are necessary to promote the economic, cultural, educational and general
welfare of the public. It is recognized that the City of Fort Worth represents the unique
confluence of time and place that has shaped the identity of generations of citizens,
collectively and individually, and produced significant historical, cultural, architectural
and archeological resources that constitute their heritage. The provisions of this article
are intended to:
1. Protect, enhance and perpetuate landmarks and districts of historical, cultural,
architectural or archeological importance which represent or reflect distinctive and
important elements of Fort Worth's historical, cultural, architectural, archeological,
social, economic, ethnic and political heritage;
2. To promote the preservation and conservation of the heritage, architecture, culture
and development of Fort Worth;
3. Educate elected officials, appointed bodies, city departments, and the public at large
about the heritage of Fort Worth and the benefits of utilizing historic preservation to
achieve the goals and vision of the City;
4. Foster civic pride by recognizing accomplishments of the past;
5. Protect and enhance the attractiveness of the city to tourists and visitors and support
and stimulate the economy;
6. Ensure the harmonious, orderly and efficient growth and development of the city;
7. Encourage appropriate land uses, which respect the historic character and
development of significant sites, features, structures and neighborhoods;
8. Engage the public in discourse on the preservation of the City, its benefits, and
participation in planning for historic preservation;
9. Promote the economic prosperity and welfare of the community;
10. Encourage the stabilization, restoration and improvement of property and property
values; and
11. Maintain a generally harmonious outward appearance of both historic and modern
structures which axe compatible and complementary in scale, form, color,
proportion, texture and material.
Sec. 4.501. Appointment of historic preservation officer.
The planning director shall appoint a qualified staff person to serve as Historic
Preservation Officer ("HPO"). The Historic Preservation Officer shall administer this
article and advise the Historic and Cultural Landmarks Commission on matters submitted
to the commission. In addition to serving as representative of the Historic and Cultural
Landmarks Commission, the Historic Preservation Officer is responsible for coordinating
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the city's historic preservation activities with those of local, state and federal agencies and
with local, state, and national nonprofit preservation organizations. The Historic
Preservation Officer shall maintain the historic resources survey and shall update the
survey from time to time.
Sec. 4.502. Districts established.
A. Establishment of categories. There shall be three categories of protection for
historically, culturally, architecturally or archaeologically significant properties in
the City of Fort Worth, as follows:
1. Highly significant endangered ("HSE");
2. Historic and cultural landmark, ("HC") if an individual structure or site, or
historic and cultural landmarks district, if more than one structure or site ;and
3. Demolition delay ("DD").
These historic preservation overlay districts may appear on the official zoning map from
time to time as required by section 4.503H.
B. Previously designated overlay districts. All places, objects, sites, structures or
property heretofore designated by the city council as "HC" historic and cultural sub-
districts or "HC" historic and cultural landmark overlay districts under pre-existing
provisions of the zoning ordinance shall be accorded the protection of property
designated as historic and cultural landmark under this article and shall bear the
appropriate marls in their zoning designation. Tax incentives granted for renovation,
restoration or rehabilitation under pre-existing provisions of the zoning ordinance
shall remain in force.
C. Relationship of designations to base zoning districts.
1. Designation of a structure, site or area by the city council as "HSE," "HC," or
"DD" is intended as a zoning overlay which supplements the primary underlying
zoning district classification. The permitted uses of the property shall be
determined and controlled by the use regulations set forth for the primary
zoning district classification for the property. However where the proposed use
of a historically significant property may adversely impact the character or
integrity of the property, the provisions of this article maybe used to encourage
an appropriate alternative.
2. A historic overlay district is subject to the regulations of the primary zoning
district classification. However, where adopted design guidelines of a district
recommend a more historically appropriate yard setback; building height, lot
dimension or site configuration than the base zoning district allows, the design
guidelines shall prevail however in no instance shall this relieve the requirement
for a variance from the Board of Adjustments in compliance with the provisions
set out by this or any other adopted ordinance.
3. Design guidelines adopted for any district shall be considered supplementary to
any provision of this article and the regulations of the City of Fort Worth. For
all instances where this article shall be applied, the prevailing precedence shall
be as follows:
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a. Chapter 4, Article 5 of the Comprehensive Zoning Ordinance of the City
of Fort Worth for all matters of process, procedure and regulation;
b. The adopted guidelines of a district, the City of Fort Worth, or the
Secretary of the Interior for all matters of rehabilitation, restoration or
preservation; and
c. All other City of Fort Worth ordinances, regulations or policies as they
may apply to any action described within this article.
4. In no instance shall the provisions of this article 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.
5. If there is any conflict between the provisions of this article and any other
provision of the zoning ordinance, the most restrictive regulation shall apply in
the absence of a specific directive to the contrary.
D. General criteria for designation. The following criteria and supplemental examples
shall be used to propose the significance of structures, sites and their features, or
neighborhoods and to evaluate designation by the City of Fort Worth as highly
significant endangered, historic and cultural landmark, historic and cultural
landmark district and demolition delay:
1. Is distinctive in character, interest or value; strongly exemplifies the cultural,
economic, social, ethnic or historical heritage of the City of Fort Worth, State of
Texas or the United States, including, but not limited to:
a. Site or structure associated with a particular ethnic, religious, social or
cultural group's history or development;
b. Site or structure associated with the founding, development, or expansion
of an historical or established business in the City of Fort Worth, the State
of Texas or the United States; or
c. Site or structure associated with a documented theme in the history of Fort
Worth such as the Pioneer and "Fort Worth" era, the Cattle Drives and the
Stockyards, Railroads, development patterns, or oil, aviation and other
industries.
2. Is an important example of a particular architectural type or specimen in the
City of Fort Worth, including, but not limited to:
a. Example of a high style form of architecture such as Victorian, Art Deco
or Beaux Arts;
b. Example of a revival style of architecture such as Classical revival or
Tudor Revival; or
c. Example of documented vernacular or regional architecture such as a
shotgun or bungalow.
3. Has been identified as the work of an important architect or master builder
whose individual work has contributed to the development of the City of Fort
Worth, including, but not limited to:
a. Worlc of an architect, landscape architect or builder known on a national
scale such as Louis Kahn, Phillip Johnson, or Tadao Ando;
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b. Work of an architect or builder known for specific contributions to Fort
Worth such as Wyatt Hedrick, Preston Geren, or Wiley Clarkson; or
c. Work associated with an architecture, landscape architecture or building
firm identified with significant projects in Fort Worth such as Sanguinet
and Staats; Hare and Hare, or Van Slylce & Woodruff.
4. Embodies elements of architectural design, detail, materials or craftsmanship
which represent a significant architectural innovation, including, but not limited
to:
a. Contains specific and identifiable architectural features;
b. Contains information about primitive or archaic construction methods or
design; or
c. Contains materials significant for their use or manner of use.
5. Bears an important and significant relationship to other distinctive structures,
sites 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, including, but not limited to:
a. Contributes to a neighborhood or area described by previous historical
survey as eligible local or National Register District;
b. Associated with an established pattern of development applied similarly
across a defined neighborhood or subdivision;
c. Associated with a style of architecture, type of construction, or detailed
feature of significance to a class of building or geographic area.
6. Possesses significant archeological value which has produced or is likely to
produce data affecting theories of historic or prehistoric interest, including, but
not limited to:
a. Tests a hypothesis or process in important research in the social sciences,
natural sciences, or humanities;
b. Corroborates or enhances current information on the past, its people, or
processes; or
c. Reconstructs a culture or site for the purpose of identifying and explaining
connections to or between historic or prehistoric events, cultures, or
peoples.
7. Is the site of a significant historic event, including, but not limited to:
a. Location of a specific event important to the history of the city, state, or
country such as a Civil War battlefield or the site of the original military
fort at Fort Worth;
b. Specific location of a pattern of events significant to the history of the city,
state, or country such as part of the Chisholm Trail or a depot on the
railroad; or
c. General location establishing a pattern of events significant to the city,
state, or country such as an industrial district representing the city's
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achievements in the meatpacking industry or a neighborhood developed
by oil barons.
8. Is 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, including, but not limited to:
a. Site associated with a specific person of significance to the city, state, or
country such as the home of John Ryan, the office of Amon Carter, or the
grave of Ripley Arnold;
b. Site associated with a business or personal interest to someone of
significance such as a neighborhood developed by John Ryan or the site of
a club with membership of noteworthy citizens; or
c. Site associated with a known organization or group of people with
significance such as a fraternal organization or congregation.
9. Represents a resource, whether natural or man-made, which greatly contributes
to the character or image of a defined neighborhood or community area,
including, but not limited to:
a. Explain a feature that caused a specific pattern of development such as the
effect the Trinity River has on river front property or the effect the
Interstate Highway has on the splitting of one historical neighborhood into
many neighborhoods;
b. Defines a relationship between features, sites, or structures such as the
orientation of structures around a community park or the location of a
school within a neighborhood; or
c. Expresses an aesthetic or historic sense of a period of time such as a
carriage house or a hand drawn well.
10. Is designated as a Recorded Texas Historic Landmark or state archeological
landmark, or is included on the National Register of Historic Places.
Sec. 4.503. Procedures for designation of property.
The procedures for designation of sites, features, and structures as highly significant
endangered, historic and cultural landmark (individual or as a district), and demolition
delay are as follows:
A. Initiation of nomination.
1. An application may be submitted by the owner of a property, their duly
authorized agent, or by the City Manager.
2. In lieu of an application, the Historic and Cultural Landmarks Commission or
the City Council may adopt a resolution calling for the Historic Preservation
Officer to submit a nomination to the Historic and Cultural Landmarks
Commission for consideration. Where the Historic and Cultural Landmarks
Commission adopts a resolution, the nomination may not be considered until
the next regularly scheduled meeting.
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3. Nominations prepared and submitted by any authorized agent shall contain
the signatures of the owner or owners unless created by resolution of the City
Council or the Historic and Cultural Landmarks Commission.
B. Nomination.
1. Application contents. All applications submitted for the designation of
property as highly significant endangered, historic and cultural landmark or
demolition delay shall contain at a minimum, the following information:
a.: Site address, legal description and base zoning for the property or
properties in question. For the designation of a structure or feature on a
partial lot or parcel, a metes and bounds survey stamped by a surveyor
licensed ly the State of Texas shall be required;
b. Property owner or owners name, mailing address, and telephone number;
c. Survey or site plan depicting the location of all buildings and site features
contained :within the property to be designated;
d. Photographs of each elevation of all buildings and site features contained
within the property to be designated;
e. Written description of all buildings and site features with materials,
architectural features, height, fenestration and other significant details and
a description of each building or feature's status as contributing or non-
contributing to the significance of the site;
f. Written nomination containing applicability of the criteria for designation;
and
g. Application form containing the signature of the owner or owners.
2. Where a nomination is for the designation of a historic and cultural landmark
district, the application shall contain the signatures of owners in support of the
district as follows:
a. 50 percent or more of the individual tracts, parcels or platted lots to be
located within the boundaries of the proposed district; and
b. 50 percent or more of the land area to be located within the boundaries of
the proposed district.
c. Two or more platted lots developed together shall be counted as one lot.
d. Each vacant platted lot of sufficient size to be developed under the current
zoning designation for the property shall be counted as one lot.
3. For purposes of this section, the historic preservation officer is the
administrative official with original jurisdiction to review an application for
completeness. An application shall not be accepted by the historic
preservation officer until it contains all information prescribed herein. For
nominations submitted by resolution of the City Council or the Historic and
Cultural Landmarks Commission, an application shall be deemed complete
upon a majority affirmative vote of the appropriate body.
C Notice of nomination. When the historic preservation officer deems an application to
be complete, a notice of the pending nomination shall be mailed to all property owners at
least ten days before the scheduled Historic and Cultural Landmarks Commission
hearing. The notice shall be served by depositing the same, properly addressed and
postage paid, in the United States Mail. In the case of nomination for an historic and
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cultural landmarks district, a notice of nomination shall be mailed to each individual
owner of property within the district in accordance with this section. The most recently
approved municipal tax roll showing the name and address of the owner shall be used for
this purpose.
1. The notice of nomination shall include the following information:
a. A description of the property proposed for nomination, including the
contributing or non-contributing status of properties included within a
district nomination;
b. The proposed category of protection and the criteria on which the
nomination is based;
c. A description of the benefits, restrictions and other terms of the
proposed designation, including but not limited to tax incentives and
restrictions on demolition and rehabilitation;
d. The time, place and date of public hearings by the Historic and
Cultural Landmarks Commission to consider such designation;
e. A statement of the stay of actions after nomination provided for in
paragraph C below; and
f. A form on which the owner may explain the reasons why the
nomination should be approved or denied.
D. Stay of actions after nomination.
1. Interim controls. The :governing body fmds that immediate, temporary controls
prohibiting alteration, demolition or relocation of properties for which a notice
of nomination as highly significant endangered, historic and cultural landmark
or historic and cultural landmarks district has been mailed, and prohibiting
demolition or relocation of structures for which a notice of nomination as
demolition delay has been mailed are required in order to further the purpose of
this article.
2. Highly significant endangered, historic and cultural landmark and historic and
cultural landmarks district. After the historic preservation officer has mailed a
notice of nomination as highly significant endangered, historic and cultural
landmark or historic and cultural landmarks district to the owner or owners of
such property by standard mail, all permits for construction, repairs,. alterations,
additions, stabilization, restoration, rehabilitation, demolition or relocation of
any building, object or structure on the property shall be subject to the
certificate of appropriateness requirements contained in section 4.504 for a
period of 135 days or until the proposed designation is denied. In the event that
the proposed designation is approved, the property shall be subject to all
certificate of appropriateness requirements applicable to such designation.
Permits for which an application has been submitted to the appropriate city
department before the notice of nomination is mailed shall not be subject to
interun controls or the certificate of appropriateness requirements.
3. Demolition delay. After the historic preservation officer has mailed a notice of
nomination for designation as demolition delay to the owner or owners of such
property by standard mail all permits for demolition or relocation of any
building, object or structure on the property shall be subject to the certificate of
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appropriateness requirements contained in section 4.504 for a period of 135
days or until the proposed designation is denied.. In the event that the proposed
designation is approved, the property shall be subject to all certificates of
appropriateness requirements applicable to demolition delay properties. Permits
for which an application has been submitted to the appropriate city department
before the notice of nomination is mailed shall not be subject to interim controls
or the certificate of appropriateness requirements.
4. Relief from interim controls. An owner may seek relief from the interim
controls by requesting a certificate of appropriateness in accordance with the
procedures contained in section 4.504. In addition, an owner may seek
expedited relief from the interim controls by presenting information to the
Historic and Cultural Landmarks Commission to show unusual and compelling
circumstances justifying such relief. Such request shall be filed with the historic
preservation officer within ten days after receipt of the notice of nomination and
shall be accompanied by a copy of a bona fide written agreement requiring
relocation or demolition of the structure, which shall have been entered into
prior to receipt. of the notice of nomination, or other evidence that the interim
controls will cause substantial imminent harm to the owner which justifies
expedited consideration of the owner's request for relief. The owner shall also
present evidence concerning plans for development of the property. The
Historic and Cultural Landmarks Commission shall conduct a hearing on such
matter within 15 days after the request for relief is filed. The Historic and
Cultural Landmarks Commission 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. It is the governing
body's intent to keep historic structures whenever possible, in recognition of the
fact that historic structures have been needlessly demolished, resulting in vacant
lots. In the event that the Historic and Cultural Landmarks Commission fords
unusual and compelling circumstances justifying relief from the interim
controls, the Historic and Cultural Landmarks Commission may expedite
review of the nomination, shorten the term of the interim controls, release the
owner from such controls or take such other action as the Historic and Cultural
Landmarks Commission deems to be appropriate.
E. Consideration of designation. Any property nominated for designation as HSE, HC
(individual or district), or DD shall be considered for designation at public hearings
by the Historic and Cultural Landmarks Commission, the zoning commission, and
the City Council.
1. Historic and Cultural Landmarks Commission hearing. There shall be a public
hearing of the historic and cultural landmarks commission before a
recommendation is voted upon the designation of a property or district.
a. Upon the determination by the HPO that a complete application has been
received for designation, a public hearing of the historic and cultural
landmarks commission shall be scheduled. At this hearing, the HPO shall
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verify the required signatures of property owners have been received,
present any proposed design guidelines for review, present the context for
establishing contributing status of property within the district and a list of
the properties considered to meet this criteria, and describe the economic
incentives eligible under the designation. The historic and cultural
landmarks commission may accept this testimony or may continue
consideration of the designation and request amendments or modifications
to the information presented.
b. The commission may recommend the designation and adoption of the
proposed guidelines, may recommend the designation and guidelines with
specific modifications or may recommend denial of the designation.
c. Where the commission fmds it necessary to continue discussions on any
part of the nomination, finds opposition to the nomination, or cannot
recommend approval of the proposed design guidelines, consideration of
both the nomination and the guidelines maybe continued to a date agreed
upon by an affirmative vote of the commission.
2. Zoning Commission hearing. Upon submittal of the recommendation of the
Historic and Cultural Landmarks Commission, the proposed designation and
where applicable design guidelines shall be submitted to the zoning commission
for its review and recommendations. The zoning commission shall give notice
and conduct its public hearing on the proposed designation and where
applicable design guidelines within 45 days of the receipt of such
recommendation from the Historic and Cultural Landmarks Commission, or as
soon thereafter as is reasonably practicable. The hearing shall be in the same
manner and according to the same procedures for amending the zoning map as
set forth in chapter 3, article 5.
3. City council hearing. The city council shall give notice and conduct its hearing
on the Historic and Cultural Landmarks Commission's recommendation
concerning the proposed designation within 45 days of receipt of the
recommendation of the zoning commission, or as soon thereafter as reasonably
practicable. The city council shall give notice, follow the publication procedure,
hold the hearing, and make its determination in the same manner and according
to the same procedures for amending the zoning map as set forth in chapter 3,
article
4. Vote required for designation by the City Council. If an owner of a property
nominated for designation as highly significant endangered,. historic and cultural
landmark or demolition delay or the owners of at least 20 percent of an area
nominated for designation as an historic and cultural landmarks district protest
designation by submitting a written, signed protest, the affirmative vote of at
least 3/4 of all members of the city council is required in order for the
designation to take effect, in accordance with section 211.006 of the Texas
Local Government Code.
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F. Recording of designations on zoning map. Upon designation of a site, structure or
area as highly significant endangered, historic and cultural landmark, historic and
cultural landmarks district or demolition delay, the city council shall cause the
designation to be recorded on the official zoning maps of the city. All zoning maps
shall indicate designated highly significant endangered properties with the suffix
"HSE," historic and cultural landmarks, whether designated individually or as a
district, with the suffix "HC," and demolition delay properties as "DD," in addition
to the marks indicating the primary underlying zoning district classification.
G. Filing of designations in property records. Record of designation of a site, structure
or area as highly significant endangered, historic and cultural landmark, historic and
cultural landmarks district or demolition delay shall be recorded in the official
property records of the county in which the property is located. Property owners who
file an application for designation shall record such designation and provide proof of
filing to the historic preservation officer. In all other cases the historic preservation
officer shall file such designation. Proof of recordation shall be provided to the
historic preservation officer prior to the receipt of any subsequent economic
incentives from the City of Fort Worth.
H. Amendments to an existing historic and cultural landmark district. Following the
designation by the City Council of a historic and cultural landmark district,
amendments to change the district boundary, the adopted design guidelines or the
list of contributing properties shall follow the procedures for an amendment to
this ordinance and in accordance with the following provisions:
1. The boundary of an existing district may be amended or otherwise altered to
include additional properties where each of the following conditions exist:
a. The geographic area proposed for inclusion within the existing boundary
is contiguous to the existing district;
b. The area proposed for inclusion is found to meet at least three of the ten
criteria for designation as described in this article;
c. The area proposed for inclusion has a similar context and character that
reasonably relates to the existing district, either by architectural, historical,
or cultural motif; and
d. A petition in support of the amendment signed by the owners of more than
50% of the individual tracts, lots, and parcels and more than 50% of the
total land area within the area proposed for inclusion.
2. The design guidelines for a district may be amended at the request of the City
Council or property owners where each of the following conditions exist:
a. A petition in support of the amendments signed by the owners of more
than 50% of the individual tracts, lots, and parcels and more than 50% of
the total land area within the district; and
b. The existing guidelines shall remain in effect, unless otherwise found to be
void, until the date of approval by the City Council of any amendments or
alterations to the guidelines.
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3. The list of contributing structures for a district may be amended periodically at
the request of the district or the City Council where each of the following
conditions exist:
a. A petition of support signed by all owners of property being added to or
subtracted from the list; and
b. A statement for each property as to why the change in status is sought,
accompanied by any additional information that maybe requested by the
historic preservation officer to support the change in status.
Sec. 4.504. Certificates of appropriateness.
To preserve significant structures and neighborhoods, changes shall be documented and
reviewed to determine if the proposed change is appropriate to the character of the area
designated or pending designation as HSE, HC, or DD and does not adversely impact its
significance.
A. Certificate of appropriateness required. All changes to the exterior of a structure
designated or pending designation as HSE or HC and the land by which it is accessed
shall require review for appropriateness with the provisions of this article, and
adopted design guidelines. In addition, the demolition or relocation of any structure
designated or pending designation as HSE, HC, or DD shall also require review for
appropriateness in the same manner.
1. Worlc, which does not involve a change to material, configuration, dimension, or
outward appearance, shall be considered in-kind repair and does not require a
certificate of appropriateness.
2. Removal of non-original and non-historic materials, restoration of existing
features, repairs, alterations and construction not visible from the public right of
way, and alteration of anon-contributing structure shall be reviewed by the
historic preservation officer and if found to be appropriate and consistent with
applicable standards and guidelines may be issued a certificate of appropriateness.
At the discretion of the historic preservation officer, an application found to alter
significantly the character of a structure or site may be referred to the Historic and
Cultural Landmarks Commission for further review.
3. Alterations and construction visible from the public right of way, demolition,
relocation of a structure, and any an application found to alter significantly the
character of a structure or site shall be reviewed by the Historic and Cultural
Landmarks Commission.
B. Application for a certificate of appropriateness. The property owner of authorized
agent shall file an application for a certificate of appropriateness with the historic
preservation officer prior to the commencement of any work. The application shall
contain a completed application form, as provided by the historic preservation officer,
with the signature of the property owner or authorized agent and attachments as
required by the historic preservation officer in order to evaluate the appropriateness of
the application, including but not limited to:
1. Site plan of the property;
2. Photographs of all affected elevations of the structure and property;
3. Detailed description of the proposed work;
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4. Scaled drawings or renderings of all proposed changes for each affected elevation,
including dimensions, materials and profile drawings;
5. Structural reports and documents;
6. Samples of materials to be used;
7. For demolition and relocation applications, rationale why the structure is no
longer significant, based on the criteria for designation, or if applicable, proof of
economic hardship; and
8. Any other information requested by the Historic and Cultural Landmarks
Commission or historic preservation officer necessary to evaluate the
appropriateness of the proposed work.
An application shall not be accepted until it is determined complete and correct by the
historic preservation off cer.
C. Criteria for evaluation of appropriateness. The intent of the historic designation is to
preserve the character, identity, and presence of historic structures and sites without
constraining creative use and adaptation. Therefore, in determining the
appropriateness of proposed changes to an area designated or pending designation the
following standards adapted from the Secretary of the Interior's Standard for
Rehabilitation shall be used in conjunction with approved design guidelines and
applicable city code:
1. A structure or property shall be used for its historic purpose or be placed in a new
use that is permitted under the zoning ordinance. The use shall require minimal
change to the defining characteristics of the structure, property, site and
environment.
2. The historic character of a structure or property shall be retained and preserved.
The removal of historic materials or alteration of features and spaces that
characterize a structure or property shall be avoided.
3. .Each structure or property shall be recognized as a physical record of its time,
place and use. Changes that create a false sense of historical development, such as
adding conjectural features or architectural elements from other structures or
property, shall not be undertaken.
4. Most structures and property change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
5. Distinctive features, finishes and construction techniques or examples of
craftsmanship which characterize a structure or property shall be preserved within
the limits permitted by applicable codes and ordinances.
6. Deteriorated historic features shall be repaired rather than replaced. Where the
severity of deterioration requires replacement of a distinctive feature, the new
feature shall match the old in design, color, texture and other visual qualities and,
where possible, materials, provided such materials meet other applicable codes
and ordinances. Replacement of missing features shall be substantiated by
documentary, physical or pictorial evidence.
7. Chemical or physical treatments, such as sand-blasting, which cause damage to
historic materials, shall not be used. The surface cleaning of structures, if
appropriate, shall be undertaken using the gentlest means possible.
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Significant archeological resources affected by a project shall be protected and
preserved. If such resources must be disturbed, mitigation measures shall be
undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy
historic materials which characterize the structure or property. The new work
shall be differentiated from the old and shall be compatible with the massing, size,
scale and architectural features to protect the historic integrity of the structure or
property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in
such a manner that if removed in the future, the essential form and integrity of the
historic structure or property and its environment will be unimpaired.
11. New construction, which takes place after demolition or removal of a structure or
property in an historic and cultural landmarks district has been approved, must
comply with the design guidelines for the district.
12. New construction, which takes place after demolition or removal of a structure
that is an accessory use to a structure designated highly significant endangered or
historic and cultural landmark, must comply with the design guidelines in order to
maintain the historic character of the designated structure.
D. Procedure for review of a certificate of appropriateness. Upon acceptance of a
completed application, the historic preservation officer shall review the project for
consistency with applicable city ordinances, the provisions of this article and adopted
design guidelines.
1. Historic preservation officer. Where the proposed work can be considered for
review by the historic preservation officer under section 4:503 (A) [2], the historic
preservation officer may issue a certificate of appropriateness when the proposed
work is found to be consistent with all regulations and guidelines. Where the
historic preservation officer considers the proposed work to be inconsistent with
applicable regulations and guidelines or potentially to have impact on the
character of a structure of site the application shall be forwarded to the Historic
and Cultural Landmarks Commission for consideration of the certificate of
appropriateness.
2. Historic and Cultural Landmarks Commission. The Historic and Cultural
Landmaxlcs Commission shall conduct a public hearing to consider an application
for a certificate of appropriateness within 45 days after it is accepted by the
historic preservation officer or as soon thereafter as is reasonably practicable. .
a. Notice to owners of adjacent property. Upon receipt of a complete application
for a certificate of appropriateness, the historic preservation officer or a
designee shall prepare a notice of public hearing, which shall be mailed to the
owner or owners of property located within a distance of 200 feet of the
property listed within the application, at least ten days prior to the Historic and
Cultural Landmarks Commission hearing. The notice maybe served by
depositing the same, properly addressed and postage paid, in the United States
Mail.
b. For applications seeking to demolish or relocate a structure designated or
pending designation as HSE, HC or DD, the city manager or designee shall
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cause the posting of at least one sign on the property used to access the
structure no less than ten days before the date of the public hearing at which
the application will be considered by the Historic and Cultural Landmarks
Commission. Where possible, the sign shall be conspicuously located near
the public right of way. The sign shall indicate the pending request for
demolition or relocation and provide a contact source for additional
information. The posting of the sign or its maintenance shall not be deemed a
condition precedent to the holding of any public hearing, to the approval or
denial of the certificate of appropriateness or to any other official action
concerning the application.
c. The owner or authorized representative and all other persons who have
executed a purchase contract or option contract for purchase of the property,
or their representatives, shall appear at the hearing. The owner, potential
buyers and all other interested parties, including local preservation groups,
will be heard concerning the application. For requests to demolish or relocate
a structure, the Historic and Cultural Landmarks Commission may request
evidence concerning plans for the future development of the property.
3. Decision of the Historic and Cultural Landmarks Commission . At the conclusion
of the public hearing, or as soon thereafter as is reasonably practicable, the
Historic and Cultural Landmarks Commission shall take one or more of the
following actions:
a. If the Historic and Cultural Landmarks Commission finds that the
application is consistent with applicable regulations and guidelines, a
certificate of appropriateness may be approved, with or without any
conditions that may be appropriate;
b. If the Historic and Cultural Landmarks Commission fmds that the
application is not consistent with applicable regulations and design
guidelines, a certificate of appropriateness may be denied with or without
prejudice;
If the Historic and Cultural Landmarks Commission fails to issue the
certificate of appropriateness because the proposed work is not consistent
with applicable regulations and design guidelines, the owner shall have the
right to request deviations from the design guidelines from the Historic
and Cultural Landmarks Commission. In order to receive a deviation from
the guidelines, the owner must prove by a preponderance of the evidence
that no reasonable opportunity exists to recover the cost of the proposed
work if it is required in accordance with the design guidelines. If the
Historic and Cultural Landmarks Commission fmds that the owner has
failed to satisfy this burden of proof, the certificate of appropriateness will
be denied. If the Historic and Cultural Landmarks Commission finds that
the owner has satisfied the burden of proof, the deviation from the design
guidelines maybe approved and the work allowed, with or without
conditions. In determining whether to grant such a deviation, the Historic
and Cultural Landmarks Commission may consider the cost to perform the
work in compliance with the criteria and design guidelines, the value of
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the property, the extent to which a deviation is necessary to allow the
owner a reasonable opportunity to recover the cost of the work, whether
granting the deviation will harm an existing or proposed historic and
cultural landmarks district or property designated highly significant
endangered or historic and cultural landmark and whether the proposed
work is in harmony with the spirit and purposes of this article. The
Historic and Cultural Landmarks Commission and city staff, in
consultation with local preservation groups and other interested parties,
shall explore with the owner, or a representative, alternatives for
performance of the proposed work that will preserve the structure or
property to the greatest extent that is economically feasible. If a deviation
is granted, the certificate of appropriateness for the proposed work shall
state the terms and conditions of the deviation. All deviations shall be in
compliance with all other city codes and ordinances.
d. If the Historic and Cultural Landmarks Commission finds that there is
not enough information to reasonably determine the appropriateness of
proposed work or if all interested parties who may present testimony are
not in attendance at the public hearing, the application may be continued
until such time necessary information or interested parties are available.
4. Certificate of appropriateness, loss of significance: If the Historic and Cultural
Landmarks Commission fmds that a structure is no longer significant; a certificate of
appropriateness for demolition or relocation maybe appxoved. In making this
determination, the Historic and Cultural Landmarks Commission must find that the
owner has established by a preponderance of evidence that the structure has
undergone significant and irreversible changes which have caused it to lose the
significance, qualities or features which qualified the structure designation.
Certificate of appropriateness, economic hardship:
a. If the Historic and Cultural Landmarks Commission finds that an owner of a
property is not entitled to a certificate of appropriateness as a result of loss of
significance, the owner shall have the right to introduce evidence to establish
that the owner will suffer an unreasonable economic hardship if the certificate
of appropriateness is not issued for the proposed demolition or relocation. The
owner shall have the burden of establishing by a preponderance of the
evidence that an unreasonable economic hardship exists under the criteria set
forth in section 4.506.
b. If the owner does not establish that an unreasonable economic hardship exists,
the certificate of appropriateness shall be denied.
c. If the owner does establish that an unreasonable economic hardship exists, the
Historic and Cultural Landmarks Commission may delay the issuance of a
certificate of appropriateness for up to 180 days from the date of the public
hearing and may require the preparation of a salvage plan, documentation of
the property and/or the preservation of trees, shrubs and other landscaping of
substantial significance. These conditions shall be in compliance with all other
city codes and ordinances.
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6. Certificate of appropriateness, demolition delay: The Historic and Cultural
Landmarks Commission may not deny an application for a certificate of appropriateness
for demolition of property designated or pending designation as demolition delay,
however, the owner or authorized agent shall be required to participate in a consultation
meeting to discuss a process for alternatives to demolition prior to the issuance of a
permit, in accordance with the following:
a. Within thirty (30) days, of submission of an application for demolition, the
historic preservation officer shall schedule a consultation meeting with the
owner or authorized agent, city staff and interested parties to propose
alternatives to the owner which would seek to alleviate the need for
demolition. These alternatives may include but are not limited to property
tax relief, loans or grants from public or private resources, acquisition of
the property, a transfer of development rights, or a variance from
provisions of the zoning ordinance or building code. The application shall
not be deemed complete by the historic preservation officer until the
owner or authorized agent provides a written response to any alternatives
proposed in the consultation meeting.
b. The historic preservation officer shall upon completion of the application
schedule a public hearing in accordance with section 4.504(D). The owner
of the property shall be in attendance at the public hearing.
c. The Historic and Cultural Landmarks Commission shall conduct a public
hearing during which the owner or authorized agent shall present
testimony and evidence stating why the structure should be demolished,
including but not limited to proof of unreasonable economic hardship,
barriers to development, structural deficiency or loss of significance.
d. At the conclusion of the public hearing, the Historic and Cultural
Landmarks Commission shall issue a certificate of appropriateness for
demolition pending the submission by the owner of a response to each
proposal in writing and submitted to the historic preservation officer for
review and acceptance by the Historic and Cultural Landmarks
Commission.
i. As a condition to the certificate of appropriateness, the Historic
and Cultural Landmarks Commission may require a delay of no
more than 180 days from the date of the hearing..
ii. During the delay period the owner may request a hearing of the
Historic and Cultural Landmarks Commission to present evidence
why the delay should be waived or shortened.
iii. At the end of any delay period, if a suitable alternative plan
acceptable to the owner has not been approved by the Historic and
Cultural Landmarks Commission, the city shall issue a permit for
demolition.
iv. If the owner of the property can provide a preponderance of
evidence that there is no economically viable use of the property
without demolition of the structure, the delay period maybe
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waived or shortened to any time less than 180 days at the
discretion of the Historic and Cultural Landmarks Commission.
v. In determining the length of any delay, the Historic and Cultural
Landmarks Commission shall consider whether delay of such
certificate of appropriateness will cause unreasonable economic
hardship to the owner.
vi. Should the Historic and Cultural Landmarks Commission fail to
approve a specific delay period by an affirmative vote, the
maximum delay of 180 days allowed by this article shall be
required.
vii. In the event that the owner of property designated demolition delay
allows a valid demolition permit to expire without demolishing the
property, the owner and subsequent owners of the property shall
not be subject to the 180 day demolition delay with regard to
applications for a demolition permit submitted to the appropriate
city official within three years following expiration of the permit.
E. Documentation of properties to be demolished or relocated. Unless the Historic and
Cultural Landmarks Commission determines otherwise, the property owner shall file
the following documentation with the historic preservation officer, at the owner's
expense, as a condition for the issuance of a certificate of appropriateness for the
demolition or relocation of any structure or property designated or pending
designation as highly significant endangered or historic and cultural landmark or
located in an area designated or pending designation as an historic and cultural
landmarks district, other than anon-essential element:
1. Photographs of the structure, property or features to be demolished;
2. Written documentation of the architecture of the structure or property;
3. Documentation that the site has been rezoned (e.g. "PD" Planned Development),
replatted, variances granted or that other development requirements have been
met; and
4. Additional documentation required for certain highly significant properties:
a. Significant historical background of past owners and events in the structure or
on the property;
b. Scaled drawings of the floor plan;
c. Scaled drawings of the exterior elevation;
d. Scaled plan indicating the dimensions of the site and exact location of each
structure, property and landscape feature on the site; and
e. Any other information the Historic and Cultural Landmarks Commission may
deem reasonably necessary to record the proposed demolition or relocation,
such as documentation in accordance with the Historic American Building
Survey (IIABS) or Historic American Engineering Record (HAER)
F. Re-filing of application for certificate of appropriateness. When an application for
certificate of appropriateness is denied by the Historic and Cultural Landmarks
Commission, or the Appeals Board on appeal, or when the owner has withdrawn an
application after the application has been scheduled for hearing, no new application
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of like nature shall be accepted by the city or scheduled for a hearing by the Historic
and Cultural Landmarks Commission for a period of 12 months following the date of
denial or withdrawal, unless the application is denied without prejudice; provided,
however, on receipt of written request by the owner describing substantially changed
conditions since prior consideration of the application to justify an earlier
consideration of the application, the Historic and Cultural Landmarks Commission
may waive the mandatory delay period and authorize the acceptance of a new
application.
G. All decisions of the Historic and Cultural Landmarks Commission shall be in writing.
The decisions shall state the findings of the Historic and Cultural Landmarks
Commission relating to the approval, denial or approval with conditions of the
certificate of appropriateness. The historic preservation officer shall provide copies of
the decisions of the Historic and Cultural Landmarks Commission to the applicants,
the building official and the superintendent of the code compliance division.
H. Other permits required. The certificate of appropriateness required by this article shall
be in addition to any other permit or approval required by state or federal law. A
certificate of appropriateness, where required, 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.
I. Commencement of work. Worlc, as described by any certificate of appropriateness
may not begin until the Historic and Cultural Landmarks Commission has issued a
decision on the certificate of appropriateness, and then only after all other required
permits and approvals have been granted.
J. Limitation of term of certificate of appropriateness. Where work approved under a
certificate of appropriateness has not commenced within 180 days of the date of
issuance, the certificate of appropriateness shall be considered void and a new
application shall be required.
1. As an exception, where a valid permit has been issued by the City of Fort Worth in
compliance with the terms of the certificate of appropriateness, the certificate of
appropriateness may remain valid until the date of expiration of the associated
permit, at the discretion of the historic preservation officer and building official.
2. upon expiration of a certificate of appropriateness, an applicant may apply for an
extension of the previously approved project. Where no change is made to the
project, the historic preservation officer may approve an extension not to exceed
90 days. Where a change is made to the proposed project or an extension has
expired, the applicant shall be required to submit a new application for a
certificate of appropriateness.
K. No authority to grant variance. The board of adjustment shall not have jurisdiction to
grant any variance from the criteria listed section 4.504(C) or from any adopted
design guidelines.
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Sec. 4.505. Enforcement.
A. All work performed pursuant to a certificate of appropriateness shall conform to
any requirements included herein. It shall be the duty of the historic preservation officer
periodically to inspect any such work to assure compliance. If work is found that is not
performed in accordance with the certificate of appropriateness, or upon notification of
such fact by the Historic and Cultural Landmarks Commission and verification by the
building official, the building official shall issue astop-work order and all work shall
immediately cease. No further work shall be undertaken on a project while astop-work
order is in effect, except at the discretion of the building official where work is deemed to
not require a certificate of appropriateness or other review as provided by this chapter.
B. Upon receipt of a stop work order by the building official, a property owner shall
file an application for all necessary certificates of appropriateness within 10 business
days for review at the next regular hearing of the Historic and Cultural Landmarks
Commission.
C. Where an owner fails to submit an application for review within the required time
period, a second citation shall be issued and all civil remedies available to the city shall
be pursued, including the issuance of a separate citation each day the violation persists.
Sec. 4.506. fnreasonable economic hardship.
A. Declaration of unreasonable economic hardship. The Historic and Cultural
Landmarks Commission may declare that an unreasonable economic hardship exists as a
basis for:
1. Recommending removal of the highly significant endangered, historic and
cultural landmark, historic and cultural landmarks district or demolition delay
designation; or
2. Issuing a certificate of appropriateness approving the demolition or relocation of
property designated or pending designation as highly significant endangered or
historic and cultural landmark or located in an area designated or pending
designation as an historic and cultural landmarks district.
B. Burden of proof. When a claim of unreasonable economic hardship is made, the
owner must prove by a preponderance of the evidence that:
1. The owner cannot make reasonable beneficial use of or realize a reasonable rate
of return on a structure or site, regardless of whether that return represents the
most profitable return possible, unless the highly significant endangered,
historic and cultural landmark, historic and cultural landmarks district or
demolition delay designation, as applicable, is removed or the proposed
demolition or relocation is allowed;
2. The structure or 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
Page 20 of 39
3. The owner has failed to fmd a purchaser or tenant for the property during the
previous two years, despite having made substantial ongoing efforts during that
period to do so. The evidence of unreasonable economic hardship introduced by
the owner may, where applicable, include proof that the owner's affirmative
obligations to maintain the structure or property make it impossible for the
owner to realize a reasonable rate of return on the structure or property.
C. Claim for historic and cultural landmarks districts. Owners of individual structures
or sites located in an historic and cultural landmarks district are entitled to a certificate of
appropriateness for demolition or relocation upon proof of unreasonable economic
hardship; however, an historic and cultural landmarks district designation shall be
removed only from the entire district, upon proof that the designation results in an
unreasonable economic hardship to the district as a whole. Individual structures or sites
shall not be removed from an historic and cultural landmarks district.
D. Consultation and search for alternatives. The owner, persons or entities who have
executed a sales contract or option contract for purchase of the property, or their
representatives, the Historic and Cultural Landmarks Commission, local preservation
groups and interested parties shall consult in good faith, as outlined in Section 4.504 (D)
in a diligent effort to seek alternatives that will eliminate the unreasonable economic
hardship and preserve the structure or property.
E. Affidavit of hardship. As evidence that an unreasonable economic hardship exists,
the owner may submit the following information to the Historic and Cultural Landmarks
Commission by affidavit:
1. For all structures and property:
a. The past and current use of the structures and property;
b. The name and legal status (e.g., partnership, corporation) of the owners;
c. The original purchase price of the structures and property;
d. The assessed value of the structures and property according to the two
most recent tax assessments;
e. The amount of real estate taxes on the structures and property for the
previous two years;
f. The date of purchase or other acquisition of the structures and property;
g. Principal balance and interest rate on current mortgage and the annual
debt service on the structures and property, if any, for the previous two
years;
h. 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 structures and property;
i. Any listing of the structures and property for sale or rent, price asked
and offers received;
j. Any consideration given by the owner to profitable adaptive uses for the
structures and property;
lc. Any replacement construction plans for proposed improvements on the
site;
Page 21 of 39
1. Financial proof of the owner's ability to complete any replacement
project on the site, which may include but not be limited to a
performance bond, a letter of credit, a trust for completion of
improvements, or a letter of commitment from a financial institution;
and
m. The current fair market value of the structure and property as determined
by a qualified appraiser.
2. For income producing structures and property:
a. Annual gross income from the structure and property for the previous
two years;
b. Itemized operating and maintenance expenses for the previous two
years; and
c. Annual cash flow, if any, for the previous two years.
3. In the event that the Historic and Cultural Landmarks Commission determines
that any additional information described above is necessary in order to evaluate
whether an unreasonable economic hardship exists, the Historic and Cultural
Landmarks Commission shall notify the owner. Failure by the owner to submit
such information to the Historic and Cultural Landmarks Commission within 15
days after receipt of such notice, which time may be extended by the Historic
and Cultural Landmarks Commission, will be grounds for denial of the owner's
claim of unreasonable economic hardship.
Sec. 4.507. Designation as highly significant endangered ("HSE").
A. A site or structure may be designated as highly significant endangered if it satisfies the
following qualifications:
1. It meets five or more of the criteria set out in Section 4.502D; and
2. It is determined by the city council to be threatened by deterioration, damage or
irretrievable, irreplaceable loss due to neglect, disuse, disrepair, instability, lack
of financial resources and/or impending demolition. The nomination for
designation shall describe how the structure meets the pertinent criteria in
Paragraph, D of this section, the existing and proposed use of the structure, any
planned stabilization and/or rehabilitation by the property owner, and the nature
and degree of endangerment to the structure. A structure designated highly
significant endangered shall be deemed to be a historically significant site in
need of tax relief to encourage its preservation, in accordance with section 11.24
of the Texas Tax Code.
B. Eligibility for tax incentives.
1. In order for property designated highly significant endangered to be eligible for
tax incentives, all work shall be performed in accordance with the provisions of
this chapter and applicable city codes and ordinances. The Historic and Cultural
Landmarks Commission and the city council shall review and approve
applications for the tax incentive at the commencement of the project and upon
satisfactory completion of the project.
Page 22 of 39
2. Property designated as highly significant endangered shall be eligible for
rehabilitation incentives once every 20 years.
C. Exemption for Stabilization of Highly Significant Endangered Structure
l.Description of Incentives. A structure designated Highly Significant Endangered,
which is stabilized in accordance with this Section, and the land necessary for
- access to and use of the structure, shall be entitled to the following tax benefits
("Stabilization Incentives") for a period of years as hereinafter set forth:
a. The owner of the structure shall be entitled to exemption from City ad
valorem taxes of all of the assessed value of the structure, commencing in
the tax year immediately following the year in which the work is
completed. The exemption under this paragraph terminates when an
owner qualifies for Rehabilitation Incentives under Paragraph D. below, or
after 10 years, whichever occurs later. In the event that the owner
substantially rehabilitates the structure, but does not seek approval of the
Rehabilitation Incentives under Paragraph C., the exemption under this
paragraph shall terminate on the same date that the Rehabilitation
Incentives would have terminated if the owner had followed the
procedures set out in Paragraph D. below. Nothing in this Article relieves
the owner from the responsibility to submit an application for the
exemption each year to the appraisal district for the county in which the
property is located pursuant to the terms of the Texas Tax Code. The
Historic Preservation Officer shall assist the owner in filing for such
exemption, at the request of the owner.
b. The owner of the structure shall be entitled to recover a part or all of the
cost of such work through a partial exemption from City ad valorem taxes
of up to 50 percent of the value of the land necessary for access to and use
of the structure for a period not to exceed five years. The exemption shall
commence in the tax year immediately following the year in which the
work is completed. In the event that the tax savings arising from the
partial exemption for such one-year period is less than the cost of such
work, the partial exemption may be carried over from year to year, for a
total period not to exceed five years. The owner will not be eligible for a
partial exemption for stabilization subsequent to rehabilitation of the
property and receipt of the Rehabilitation Incentives under Paragraph D.
Nothing in this Article relieves the owner from the responsibility to submit
an application for the exemption each year to the appraisal district for the
county in which the property is located pursuant to the terms of the Texas
Tax Code. The Historic Preservation Officer shall assist the owner in filing
for such exemption, at the request of the owner.
2. Stabilization. "Stabilization" of a structure designated as Highly Significant
Endangered shall consist of exterior and interior improvements required to
prevent further deterioration of the structure, as determined by the Building
Official, but at a minimum shall include the following:
Page 23 of 39
a. The foundation shall be stable, have any defects that might affect the
continued safety and life of the building corrected, and be made as level as
reasonably possible;
b. The roof shall be made water tight, replacing any defective material
including wet or damaged insulation, shingles or wood elements;
c. Correction of any defective enclosures, e.g. windows, doors and vents, that
might allow for the entry of water, birds, rodents or vectors (bugs or
animal capable of carrying a disease producing organism);
d. Taking corrective action for the elimination of any infestation, e.g.
termites, roaches, water bugs, mosquitoes, ticks, rodents, etc.; and
e. Correcting any item that might be considered as a hazard to fire fighting
efforts. For this item, the Building Official may consult with the Fire
Chief or his designee.
3. Eligible Costs. Eligible projects shall consist of work performed for the
stabilization of the structure and may include exterior improvements and interior
improvements to the frame, walls, floor, ceiling, plumbing, electrical wiring and
mechanical items, such as heating and air conditioning systems. Fixtures and
decorative items shall not be eligible for consideration. Materials and labor for
repairing, replacing or adding any of the following shall be eligible:
a. Structural walls;
b. Structural sub floors;
c. Structural ceilings;
d. Exterior doors;
e. Exterior paint;
f. Mechanical equipment;
g. wmdOWS;
h. Exterior brick veneers or treatments;
i. Plumbing;
j . Electrical wiring;
lc. Roof and gutter where necessary for structural integrity;
1. Facade items;
m. Elevators;
n. Foundations;
o. Termite damage and treatment;
p. Security and/or fire protection systems;
q. Architectural and engineering services if directly related to the eligible
costs described above; and
r. Demolition and cleanup if directly related to the eligible costs described
above.
Page 24 of 39
4. Ineligible Costs. Ineligible costs include, but are not limited to, the following:
a. Plumbing and electrical fixtures; provided, however, documented
replacement of historic fixtures maybe considered eligible;
b. Overhead;
b. Taxes;
c. Supervisor payroll;
d. Repairs of construction equipment;
e. Tools; and
£ Any other items not directly related to the exterior appearance or the
structural integrity or viability of the building.
D. Tax incentives for rehabilitation of highly significant endangered structure.
1. Description of incentives. A structure designated highly significant
endangered, which is substantially rehabilitated in accordance with this
section, and the land necessary for access to and use of the structure, shall
be entitled to the following tax benefits ("Rehabilitation Incentives") for a
period of years as hereinafter set forth:
a. Exemption from city ad valorem taxes of all of the assessed value of the
structure;
b. Exemption from city ad valorem taxes of any increase in the assessed
value of the land necessary for access to and use of the structure, in
excess of the assessed value for the tax year immediately prior to
commencement of the rehabilitation. The assessed value of the land
necessary for access to and use of the structure for city ad valorem tax
valuation purposes shall be equal to the assessed value of such land for
the tax year immediately prior to commencement of the rehabilitation;
provided, however, in the event that such land is subsequently assessed
at a lower value than the assessed value for the tax year immediately
prior to commencement of the rehabilitation, the lower value will apply.
2. Substantial rehabilitation. "Substantial rehabilitation" of a structure
designated as highly significant endangered shall consist of rehabilitation at
a cost which equals or exceeds the greater of 30 percent of the assessed
value of the structure prior to rehabilitation, or three thousand dollars
($3,000.00).
3. Term of rehabilitation incentives. The term of the rehabilitation incentives
shall be a minimum often years commencing on the first day of the tax year
following verification by the city council of completion of the rehabilitation
pursuant to this chapter. In order to encourage early rehabilitation, the term
of the rehabilitation incentives may be increased for up to an additional five
years. If the rehabilitation is completed and the project passes all final
inspections within two years after designation as highly significant
endangered, the rehabilitation incentives shall be for a period of 15 years
commencing on the first day of the tax year following verification by the
city council of completion of the rehabilitation pursuant to chapter. The term
Page 25 of 39
of the rehabilitation incentives shall decrease by one year for every year that
completion of rehabilitation is delayed, to a minimum term often years.
Upon expiration of the term of the rehabilitation incentives, the structure
and the land necessary for access to and use of the structure shall be taxed at
the assessed value.
4. Application for incentives. An application for incentives shall be filed with the
historic preservation officer in accordance with Section 4.508E.
5. Execution of commitment to repay. Upon satisfactory completion of the
rehabilitation project, the owner shall record with the deed a document provided
by the historic preservation officer as a notice of the historic site tax exemption
and commitment to repay taxes in the event of default. The purpose of this
document shall be to provide information on the terms of the tax incentive and
penalties for negligently or willfully destroying a property during the period of
exemption. The commitment shall be filed in the official property records of the
county where the property is located, shall run with the land and shall bind the
owner and any heirs and assigns. Any unpaid amount shall constitute a lien
against the property. Failure to record such a document may result in the delay
of receipt of incentives.
6. Submittal of application to appraisal district. Nothing in this article relieves the
owner from the responsibility to submit an application for the exemption each
year to the appraisal district for the county in which the property is located
pursuant to the terms of the Texas Tax Code. The historic preservation officer
shall assist the owner in filing for such exemption, at the request of the owner.
E. Removal of highly significant endangered designation.
1. The highly significant endangered designation may be removed for the
following reasons:
a. It is determined that the site or structure is no longer historically,
culturally, architecturally or archaeologically significant under the
criteria listed in section 4.502E;
b. It is determined that the site or structure is no longer endangered; or
c. It is determined that such designation creates an unreasonable economic
hardship upon the owner or owners in accordance with the provisions of
section 4.506.
2. An applicant seeking removal of the highly significant endangered designation
on the basis that the site or structure is no longer endangered shall
simultaneously nominate such structure for designation as historic and cultural
landmark. The application for removal of the highly significant endangered
designation and the request for designation of such property as historic and
cultural landmark shall be considered and decided concurrently; provided,
however, failure to designate such property as historic and cultural landmark by
the city council shall not be grounds for denial of the application for removal of
the highly significant endangered designation.
Page 26 of 39
3. Within ten days after approval by the city council of removal of the designation,
the historic preservation officer shall remove the highly significant endangered
designation from the official zoning maps of the city and shall file a notice that
the highly significant endangered designation has been removed in the official
property records of the county in which the property is located. In addition, if
applicable, the historic preservation officer shall record the historic and cultural
landmark designation on the city's official zoning maps and record such
designation in the property records of the county in which such property is
located.
Sec. 4.508. Designation as historic and cultural landmark ("I3C").
A. An individual structure or site may be designated as an historic and cultural landmark
if it meets three or more of the criteria set out in Section 4.502D. An area which includes
two or more structures or sites which satisfy three or more of such criteria may be
designated as an historic and cultural landmarks district.
B. Eligibility for tax incentives.
1. Property designated as historic and cultural landmark or considered to contribute
to a historic and cultural landmark district shall be eligible for tax incentives
under the provisions of this section.
2. In order for property designated historic and cultural landmark or considered to
contribute to a historic and cultural landmark district to be eligible for tax
incentives, all work shall be performed in accordance with the provisions of this
chapter and applicable city codes and ordinances. The Historic and Cultural
Landmarks Corrunission and the city council shall review and approve
applications for the tax incentive at the commencement of the project and upon
satisfactory completion of the project.
3. Property designated as historic and cultural landmark or considered to contribute
to a historic and cultural landmark district shall be eligible for rehabilitation
incentives once every 20 years.
C. Tax incentive for rehabilitation of a historic and cultural landmark.
1. Description of Incentive. Any structure which is designated historic and cultural
landmark or which is considered to contribute to an historic and cultural
landmarks district and which is substantially rehabilitated in accordance with
this chapter, and the land necessary for access to and use of the structure, shall
be eligible for the following tax benefits ("Rehabilitation. Incentives") for a
period of years as hereinafter set forth:
a. A structure and land as described above shall have an assessed value
for city tax valuation purposes equal to the assessed value of such
structure and land for the tax year immediately prior to
commencement of the rehabilitation. The term of the incentives is ten
years commencing on the first day of the tax year following
verification by the city council of completion of the rehabilitation
pursuant to this section. Any increase in the value of the structure and
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the land necessary for access to and use of the structure in excess of
the assessed value for the tax year immediately prior to
commencement of the rehabilitation shall be exempt from city ad
valorem taxes for such ten-year period. In the event that the structure
or the land is assessed during such ten-year period at a lower value
than the assessed value for the tax year immediately prior to
commencement of the rehabilitation, the lower value will apply.
b. "Substantial rehabilitation" shall consist of rehabilitation at a cost
which equals or exceeds the greatest of 30 percent of the assessed
value of the structure prior to rehabilitation or three thousand dollars
($3,000.00).
c. Execution of commitment to repay. Upon satisfactory completion of
the rehabilitation project, the owner shall record with the deed a
document provided by the historic preservation officer as a notice of
the historic site tax exemption and commitment to repay taxes in the
event of default. The purpose of this document shall be to provide
information on the terms of the tax incentive and penalties for
negligently or willfully destroying a property during the period of
exemption. The commitment shall be filed in the official property
records of the county where the property is located, shall run with the
land and shall bind the owner and any heirs and assigns. Any unpaid
amount shall constitute a lien against the property. Failure to record
such a document may result in the delay of receipt of incentives.
d. Nothing in this article relieves the owner from the responsibility to
submit an application for the exemption each year to the appraisal
district for the county in which the property is located pursuant to the
terms of the Texas Tax Code. The historic preservation officer shall
assist the owner in filing for such exemption, at the request of the
owner.
D. Application submitted after the commencement of work for which a certificate of
appropriateness is not required.
1. The provisions of this paragraph shall apply only to work that meets the
following conditions:
(a) the work is completed on a structure that is designated as a historic and
cultural landmark or that is considered to contribute to a historic and cultural
landmark district, including the land necessary for access to and use of said
structure;
(b) The work does not require a certificate of appropriateness; and
(c) An application for tax exemption is filed within five (5) years after the
completion of the work.
2. Such work shall be eligible for tax exemption following verification by the
city council of the work performed, provided that the structure has been
substantially rehabilitated in accordance with this chapter. The terms and
requirements for the incentive shall be as described in this section. The owner
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shall not be eligible for the tax incentive or be reimbursed for ad valorem taxes
paid by the owner on the structure or land for any years prior to the submission of
an application for a tax incentive and verification by the city council of the work
performed.
3. Execution of commitment to repay. Upon satisfactory completion of the
rehabilitation project, the owner shall record with the deed a document provided
by the historic preservation officer as a notice of the historic site tax exemption
and commitment to repay taxes in the event of default. The purpose of this
document shall be to provide information on the terms of the tax incentive and
penalties for negligently or willfully destroying a property during the period of
exemption. The commitment shall be filed in the official property records of the
county where the property is located, shall run with the land and shall bind the
owner and any heirs and assigns. Any unpaid amount shall constitute a lien
against the property. Failure to record such a document may result in the delay of
receipt of incentives.
4. Nothing in this article relieves the owner from the responsibility to submit
an application for the exemption each year to the appraisal district for the county
in which the property is located pursuant to the terms of the Texas Tax Code. The
historic preservation officer shall assist the owner in filing for such exemption, at
the request of the owner.
E. Application for incentives. Application for a city ad valorem tax exemption shall
be filed with the historic preservation officer. The application may be processed
concurrently with the application for any certificate of appropriateness which may be
required under section 4.504. The application shall be signed and sworn to by the owner
of the property and shall:
1. State the legal description and the address of the property;
2. Provide proof of title in the application to the property proposed for
certification;
3. Provide proof that taxes or other assessments are not delinquent on the property;
4. Include a complete set of plans and/or documentation for the stabilization or
rehabilitation, and verify compliance with established guidelines and city codes;
5. Include a scope of work which includes a list of eligible costs;
6. For rehabilitation projects, include a statement of costs reflecting that the costs
equal or exceed the greater of 30 percent of the assessed value of the structure or
three thousand dollaxs ($3000.00);
7. Include a projection of the estimated construction time and predicted completion
date;
8. Authorize members of the Historic and Cultural Landmarks Commission and
officers of the city to visit and inspect the property;
9. Provide any additional information to the Historic and Cultural Landmarks
Commission which is necessary in determining eligibility or which the owner
deems relevant or useful;
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10. Contain a written agreement to maintain the site or structure in accordance with
the Secretary of the Interior's Standards for Rehabilitation, applicable codes of
the City of Fort Worth and design guidelines for the duration of the exemption;
and
11. Contain sufficient documentation supporting the information submitted therein.
F. Consideration of application for tax incentives.
1. Review by Historic and Cultural Landmarks Commission. Upon receipt of the
application, the Historic and Cultural Landmarks Commission shall make an
investigation of the property and shall certify facts relating to the project to the
historic preservation officer during the next regular hearing, together with the
Historic and Cultural Landmarks Commission's documentation and
recommendation for approval or disapproval of the application for exemption.
2. Review by city council. Upon receipt of the application for city ad valorem tax
exemption and the recommendation of the Historic and Cultural Landmarks
Commission, the historic preservation officer shall forward the application to
the city council no less than once per fiscal quarter. The city council shall
approve the application, subject to compliance with all certificates of
appropriateness requirements and verification of satisfactory completion of the
project, provided that the owner is eligible for such incentive and has submitted
all required information. Notice of approval or disapproval shall be provided to
the applicant in writing.
G. Expiration of application for tax incentives.
1. An application for tax incentives shall expire after a period of 24 months
from the date of review by the city council with a fmding by the historic
preservation officer that:
a. Work on the project has not commenced or has ceased substantial
advancement;
b. The applicant has failed to obtain the necessary permits for work
c. Such permits for work have expired; or
d. The project has been subject to outstanding citations for violations of
applicable city codes or regulations.
2. Where an applicant may provide evidence to contradict the findings for
expiration, the historic preservation officer may recommend approval of the
verification to the Historic and Cultural Landmarks Commission under the
original application.
3. Where an applicant is unable to provided such evidence a new application
maybe filed for tax incentives under the provisions of chapter and may be
considered, where all requirements of section 4.SOSD have been met, for
verification.
H. Verification of completion of project.
1. Submission of statement by applicant. Upon completion of a stabilization or
rehabilitation project the applicant shall submit the following documents to the
historic preservation officer:
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a. Sworn statement of completion of the project;
b. Copies of all receipts for cost of project;
c. Documentation that all required inspections of the project have been
performed by the development department;
d. In the case of stabilization projects, proof that costs are eligible;
e. In the case of rehabilitation projects, proof that the cost of the
rehabilitation equals or exceeds the greatest of 30 percent of the assessed
value of the structure prior to rehabilitation or three thousand dollars
($3,000.00). Such costs maybe determined according to the value of the
permits issued by the development department and/or proof of actual
expenditures; and
f. Proof that a certificate of occupancy has been issued, if applicable.
2. Verification by Historic and Cultural Landmarks Commission. The Historic and
Cultural Landmarks Commission, upon receipt of the sworn statement of
completion, shall make an investigation of the property and shall verify whether
the stabilization or rehabilitation project has been completed at the next regular
hearing. If verification of completion is unfavorable, the applicant shall be
required to complete the project in order to secure the city ad valorem tax
exemption provided herein. If the verification of completion is favorable, the
Historic and Cultural Landmarks Commission shall submit the application for
tax incentive to the city council for approval. A project shall be considered
completed when all of the following requirements have been met:
a. The applicant has submitted all information required under paragraph 1
above;
b. Rehabilitation costs equal or exceed the required amount;
c. The project has passed all required final inspections and has obtained a
certificate of occupancy, if required; and
d. All work has been performed in accordance with the certificate of
appropriateness and the applicable guidelines and codes.
3. Verification by city council and notification of taxing authorities. No less than
once per fiscal quarter, the city council shall review and .verify completion of
projects for tax incentives. After verification of satisfactory completion of the
stabilization or rehabilitation project, the city council shall declare the property
to be entitled to the city ad valorem tax relief provided herein. Approval by the
city council of a proj ect for rehabilitation of a structure designated historic and
cultural landmark or considered to contribute to an historic and cultural
landmarks district shall constitute a finding that the structure is a historically
significant site in need of tax relief in accordance with section 11.24 of the
Texas Tax Code.
a. The historic preservation officer shall give written notice of approval of
the tax incentive to the chief appraiser of the appraisal district for the
county in which the property is located and the tax assessor-collector of
the City of Fort Worth.
b. Thereafter, the owner shall be entitled to the applicable tax incentive
commencing on January 1 of the tax year immediately following
approval by the city council.
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c. Nothing in this article relieves the owner from the responsibility to apply
to the appraisal district for the county in which the property is located
each year for the exemption pursuant to the terms of the Texas Tax
Code. The historic preservation officer shall assist the owner in filing for
such exemption, at the request of the owner.
4. Execution of commitment to repay. Upon satisfactory completion of the
rehabilitation project, the owner shall record with the deed a document provided
by the historic preservation officer as a notice of the historic site tax exemption
and commitment to repay taxes in the event of default. The purpose of this
document shall be to provide information on the terms of the tax incentive and
penalties for negligently or willfully destroying a property during the period of
exemption. The commitment shall be filed in the official property records of the
county where the property is located, shall run with the land and shall bind the
owner and any heirs and assigns. Any unpaid amount shall constitute a lien
against the property. Failure to record such a document may result in the delay
of receipt of incentives.
I.
1
2
Alteration or destruction of structure or site.
Willful or negligent alteration or destruction. In order to maintain eligibility for a
tax exemption in accordance with this article, the owner and any representative shall
not alter or totally or partially destroy the historically significant structure or site by
willful act or negligence during the period of the exemption. In the event that the
historically significant structure or site is altered or totally or partially destroyed by
the willful act or negligence of the owner or a representative, the owner shall notify
the historic preservation officer and the chief appraiser of the appraisal district for
the county in which the property is located that he is no longer entitled to the
exemption. In addition, if the Historic and Cultural Landmarks Commission has
reason to believe that a structure or site benefiting from a tax exemption has been
altered or totally or partially destroyed by the willful act or negligence of its owner
or a representative during the period of the exemption, the Historic and Cultural
Landmarks Commission shall request that the city manager immediately cause the
matter to be scheduled for the earliest possible consideration by the city council. If,
after giving notice of a hearing to the owner, the city council determines that the
structure or site has been totally or partially destroyed or altered by the willful act or
negligence of the owner or a representative, the owner shall take corrective
measures, if feasible, within the time specified by the city council. If the owner fails
to take such corrective measures or if corrective measures are not feasible, the
owner shall immediately repay to the city all of the city tax revenues that were not
paid because of the exemption plus interest calculated at an annual rate often
percent, in accordance with the terms of the commitment to repay. The city's
remedies pursuant to the commitment to repay shall be in addition to all rights and
remedies pursuant to the Texas Tax Code.
Alteration or destruction other than by willful act or negligence. Where a structure
or site benefiting from a tax exemption described herein is totally or partially
destroyed or altered by other than the willful act or negligence of the owner or a
representative, the owner shall, within 30 days, apply for a certificate of
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appropriateness to authorize reconstruction of the structure or site in accordance
with applicable construction codes of the City of Fort Worth and design guidelines.
In the event that repair is not feasible, the owner shall, within 30 days, apply for a
certificate of appropriateness to authorize demolition or relocation. For good cause
shown by the property owner, the Historic and Cultural Landmarks Commission
may extend the time for filing the application. The determination of whether repair
is feasible or demolition should be allowed shall be made by the Historic and
Cultural Landmarks Commission in accordance with the certificate of
appropriateness criteria and procedures set forth in section 4.504. In cases where a
certificate of appropriateness is issued for demolition or relocation because repair is
not feasible, repayment of the tax revenues and interest is not required.
3. Public safety hazard. The provisions shall not limit the authority of the building
official or the superintendent of the code compliance division to take action
concerning structures or property which constitutes a public safety hazard.
J. Monitoring system. The status of structures or sites benefiting from the tax
exemptions described herein shall be monitored by the historic preservation officer
during the period of the exemption to ensure continued compliance with applicable
design guidelines for such structure. The historic preservation officer shall notify the
owner of violations in writing and shall specify a deadline for correction of such
violations. If satisfactory corrective measures are not undertaken within the time
specified by the historic preservation officer, the Historic and Cultural Landmarks
Commission shall initiate procedures to terminate the city tax exemption and require
payment of the city taxes, plus interest calculated at the rate often percent per year,
pursuant to the terms of the commitment to repay.
K. Transferability of tax benefits. The benefits of this city ad valorem tax incentive
program relating to structures designated highly significant endangered and historic and
cultural landmark and structures considered to contribute to an historic and cultural
landmarks district are transferable and run with the property.
L. Removal of historic and cultural landmark designation.
1. The historic and cultural landmark designation, whether relating to individual
properties or to an historic and cultural landmarks district, may be removed for
the following reasons:
a. It is determined that the site, structure or area, as applicable, is no longer
historically, culturally, architecturally or archaeologically significant under
the criteria listed in section 4.502D; or
b. It is determined that such designation creates an unreasonable economic
hardship upon the owner or owners in accordance with the provisions of
section 4.506.
2. The historic and cultural landmarks district designation may be removed only
from a district as a whole. The designation shall not be removed from individual
sites or structures located within a district.
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3. The historic preservation officer shall remove the historic and cultural landmark
designation from the official zoning maps of the city and shall file a notice that
the designation has been removed in the official property records of the county
in which such property is located within ten days after approval by the city
council of removal of the designation.
Sec. 4.509. Designation as demolition delay ("DD").
A. Designation. A structure maybe designated demolition delay if it satisfies one or
more of the following qualifications:
1. Designated as a Recorded Texas Historic Landmark;
2. Designated as a Texas State Archeological Landmark;
3. Designated as an American Civil Engineering Landmark;
4. Listed on the National Register of Historic Places; or
5. It meets two or more of the criteria set out in Section 4.502D.
B. Designation of demolition delay property as highly significant endangered or
historic and cultural landmark.
1. Owners of structures designated demolition delay who have filed an
application for a certificate of appropriateness for demolition are subject to a
delay in issuance of the pernut of up to 180 days after a public hearing by the
Historic and Cultural Landmarks Commission. It is the governing body's
intent that owners of such property who have sought a certificate of
appropriateness for demolition shall not be frustrated in their efforts to
demolish or sell such property by extension of the delay period through
nomination of property designated demolition delay as highly significant
endangered or historic and cultural landmark over the objection of the owner.
2. Accordingly, if an owner of a structure designated demolition delay has
filed an application for a certificate of appropriateness for demolition or if a
demolition permit has been issued to an owner of such structure within the
preceding three-year period, such structure shall not be nominated for
designation as historic and cultural landmark or highly significant endangered
over the objection of the owner. However, an area which includes such
structure may be designated as an historic and cultural landmarks district.
C. Removal of demolition delay designation.
1. The demolition delay designation may be removed for the following reasons:
2. It is determined that the site or structure no longer satisfies at least one of the
criteria set out in section 4.502G;
3. It is determined that such designation creates an unreasonable economic
hardship upon the owner or owners in accordance with the provisions of section
4.508; or
4. The site or structure is demolished in accordance with this section.
5. The historic preservation officer shall remove the demolition delay designation
from the official zoning maps of the city and shall file a notice that the
designation has been removed in the official property records of the county in
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which such property is located within ten days after approval by the city council
of removal of the designation.
Sec. 4.510. Demolition by neglect.
A. Prevention of demolition by neglect of exterior. No owner or person with an interest
in real property which is designated by the City of Fort Worth as demolition delay, highly
significant endangered or historic and cultural landmark or which is located in an historic
and cultural landmarks district, whether occupied or not, shall permit the structure or
property to fall into a serious state of disrepair or to remain in a serious state of disrepair
so as to result in the deterioration of any exterior architectural feature which would, in the
judgment of the Historic and Cultural Landmarks Commission, produce a detrimental
effect upon the character of the structure or property, or, if the structure or property is in
an historic and cultural landmarks district, upon the district. Examples of such
deterioration include:
1. Deterioration of exterior walls or other vertical supports;
2. Deterioration of roofs or other horizontal members;
3. Deterioration of exterior chimneys;
4. Deterioration or crumbling of exterior stucco or mortar;
5. Ineffective waterproofing of exterior walls, roofs or foundations, including
broken windows or doors;
6. Deterioration of any exterior feature so as to create a hazardous condition which
could make demolition necessary for the public safety; or
7. Deterioration or removal of any unique exterior architectural feature which
would detract from the original architectural style.
B. Prevention of demolition by neglect of interior. No owner or person with an interest
in property which is designated demolition delay, highly significant endangered or
historic and cultural landmark, including a structure in an historic and cultural landmarks
district, whether occupied or not, shall permit the interior portions of such structure or
property to fall into a serious state of disrepair which, in the judgment of the Historic and
Cultural Landmarks Commission, produces a detrimental effect upon the structural
integrity of such structure or property which could make demolition necessary for the
public safety.
Sec. 4.511. Public safety hazards and emergency securing measures.
A. Emergency securing of property. The code compliance division may perform
emergency measures in accordance with city codes to secure any structure designated or
pending designation in accordance with this article which constitutes a public safety
hazard. Such work shall be performed in such manner as to minimize damage to the
structure's historical and architectural elements. A certificate of appropriateness is not
required. The superintendent of the code compliance division shall give notice of such
emergency securing measures to the historic preservation officer.
B. Notice of demolition by city. The City of Fort Worth shall not allow demolition,
demolish or order to be demolished, in whole or in part, property designated or pending
designation as highly significant endangered, historic and cultural landmark or
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demolition delay or located in an area designated or pending designation as an historic
and cultural landmarks district as a public safety hazard, except in compliance with this
paragraph. The building official or the superintendent of the code compliance division
shall notify the historic preservation officer of the intent to demolish such structure. The
Historic and Cultural Landmarks Commission and the historic preservation officer shall
be given an opportunity to discuss with city officials and the owner the feasibility of
taking emergency measures to secure or stabilize the structure or property and to delay
the demolition so that other alternatives may be considered. After any emergency
measures are taken, the historic preservation officer shall meet with city officials to
review the condition of the structure or property and any plans for rehabilitation. If, after
ten days from the date of the notification to the historic preservation officer, the Historic
and Cultural Landmarks Commission fmds that no feasible plan for further protection of
the structure or property has been developed, a certificate of appropriateness shall be
issued by the Historic and Cultural Landmarks Commission for demolition of the
structure or property. When appropriate, the Historic and Cultural Landmarks
Commission may make a recommendation to the city council or other entities or persons
about the feasibility of rehabilitation based on a report from the historic preservation
officer. Demolition shall be the alternative of last resort and shall .occur only if there is no
economically feasible way to rehabilitate the structure or property.
C. Salvage plan. In connection with any certificate of appropriateness for demolition,
relocation or other work on a structure or property designated or pending designation as
highly significant endangered or historic and cultural landmark or located in an area
designated or pending designation as an historic and cultural landmarks district, the
Historic and Cultural Landmarks Commission may prepare and submit a salvage plan to
the owner. Such plan may suggest salvage and preservation for reuse in restoration
elsewhere, specified classes of building materials, architectural details, ornaments,
fixtures and the like. The Historic and Cultural Landmarks Commission may require such
owner to comply with the salvage plan as a condition for issuance of a certificate of
appropriateness. Compliance with a salvage plan may not be imposed as a condition for
issuance of a certificate of appropriateness for demolition of property designated
demolition delay; however, the Historic and Cultural Landmarks Commission may
reduce the maximum 180 day delay period inconsideration of compliance by the owner
with a salvage plan.
Sec. 4.S1B. Appeal; penalties.
A. Appeal to Appeals Board
1. Any owner dissatisfied with any action of the Historic and Cultural
- Landmarks Commission, other than actions relating to designation, which
shall be heard by the Historic and Cultural Landmarks Commission, the
Zoning Commission and the City Council in accordance with Section 4.503,
shall have the right to appeal to the Appeals Board within ten days after
receipt of notification of such action, by filing a written notice of such appeal
with the City Secretary and the Historic Preservation Officer. The written
notice of appeal shall specify:
Page 36 of 39
(a) That the decision of the commission is unreasonable, either in whole
or in part; and
(b) The grounds for the appeal.
2. The Appeals Board shall schedule a hearing on such appeal within 30 days
after receipt of the notice of appeal, or as soon thereafter as is reasonably
practicable. Notice of such hearing shall be published by the City Secretary in
the City's official newspaper not less than the 15~' day before the date of the
hearing. The Historic Preservation Officer shall forward to the Appeals Board
a complete record of the matter being appealed, including a transcript of the
tape of the hearing before the Historic and Cultural Landmark Commission.
In considering an appeal, the Appeals Board shall:
a. Hear and consider testimony and evidence concerning the previous
recommendations and actions of the city staff and the landmark
corrunission.
b. Hear new testimony and consider new evidence that was not available at
the time of the hearing before the Historic and Cultural Landmarks
Commission;
c. Give deference to the decision of the Historical and Cultural Landmarks
Commission, considering the record made before the Historic and Cultural
Landmarks Commission. The Appeals Board may uphold, reverse or
modify the decision of the Historic and Cultural Landmarks Commission
within 30 days of the appeal hearing unless a continuance is agreed to by
the owner.
3. A hearing before the Appeals Board shall exhaust the administrative remedies
of the property owner under this title.
B. Fines. Any person, firm, or corporation who violates, disobeys, omits, neglects or
refuses to comply with the provisions of this article shall be fined not more than $500.00
for each offense. Each day that a violation is permitted to exist shall constitute a separate
offense.
C. Restrictions on future development. If a structure designated highly significant
endangered, historic and cultural landmark or demolition delay or located within the
boundaries of an historic and cultural landmarks district is demolished or relocated
without a certificate of appropriateness, then the following restrictions shall be applicable
to the site where the structure or property was formerly located:
1. No building or other permits will be issued for construction on the site, with the
exception of a permit to restore such structure or property after obtaining a
certificate of appropriateness, for a period of three years after the date of such
demolition or removal.
2. No permits shall be issued by the city for any curb cuts on the site for a period
of three years from and after the date of such demolition or removal.
3. No parking lot for vehicles shall be operated on the site for a period of three
years from and after the date of such demolition or removal.
4. The owner of the site shall maintain the site in a clean and ordexly state and
shall properly maintain all existing trees and landscaping on the site. When
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these restrictions become applicable to a particular site, the historic preservation
officer shall cause to be filed a verified notice thereof in the real property
records of the county where the site is located and such restrictions shall then be
binding on future owners of the property. The restrictions imposed by this
paragraph shall be in addition to any fines imposed pursuant to paragraph B
above.
D. Cumulative remedies. The provisions of this section shall apply in addition to other
enforcement procedures or penalties which are available at law or in equity, including,
but not limited to, those available for adversely affecting historic structures or property
under section 315.006 of the Texas Local Government Code and section 442.016 of the
Texas Government Code.
SECTION 2.
That this ordinance shall be cumulative of all other ordinances of the City of Fort
Worth affecting zoning and shall not repeal any of the provisions of such ordinances,
except in those instances where provisions of such ordinances are in direct conflict with the
provisions of this ordinance.
SECTION 3.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved
as to any and all violations of Ordinance Nos. 3011, 13896, or any amendments thereto that
have accrued at the time of the effective date of this ordinance; and as to such accrued
violations, and all pending litigation, both civil or criminal, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 4.
That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared void,
ineffective or unconstitutional by the valid judgment or decree of any court of competent
Page 38 of 39
jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the
same would have been enacted by the City Council without the incorporation herein of any
such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section.
SECTI®N 5.
That this ordinance shall take effect upon adoption.
AI'PR®VED AS T® I+,®ItM ANI) LEGALITY:
Y•
Assistant City Attorney
Adopted: (..(. I L
Effective:
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