HomeMy WebLinkAboutOrdinance 16476-06-2005ORDINANCE NO. I
AN ORDINANCE AMENDING THE ZONING ORDINA'~3CE OF THE CITY
OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED,
CODIFIED AS APPENDIX "A" OF THE CODE OF T>E[E CITY OF FORT
WORTH, BY AMENDING SECTIONS 4.542 ~{DISTRICTS ESTABLISHED"
AND 4.546 "TAX INCENTIVES" OF ARTICLE 5 "HISTORIC
PRESERVATION OVERLAY DISTRICTS (`HSE,' BC,' `DD')" OF
CHAPTER 4 "DISTRICT REGULATIONS" TO CLARIFY EXISTING
STANDARDS AND TO REVISE THE HISTORIC SITE TAX EXEMPTION
FOR THE `HSE' OVERLAY DISTRICT; PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Chapter 4, Article 5 of the Zoning Ordinance provides for the preservation of
historic property by creating overlay zoning districts far the regulation and protection of
architecturally, culturally, and historically significant properties in the City of Fort Worth;
WHEREAS, a tax abatement is provided to properties designated as Highly Significant
Endangered that provides an exemption on the city ad valorem taxes equal to the assessed value of
the property improvements for an indefinite period of time until such time the property is
rehabilitated when the abatement becomes available for a maximum of 15 years, which does not
promote timely rehabilitation of the property; and
WHEREAS, the Focus CTroup on Historic Preservation Incentives recommended an
am~ndmcnt ~~~ Chal~rcr -~, :1~-tici~ ~ that ~~~.~u1~1 ~r~~~i~i~' h~~it~~r inccr~ti~:~ t~~ property owners to
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL Off' THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
Chapter 4, Article 5, of Ordinance No. 13896, the Zoning Ordinance of the City of Fart
Worth, Section 4.502, "Districts Established", Subsection E. "Designation as Highly Significant
Endangered {`HSE'}," is amended to add language requiring specific information for the
nomination of property to receive the HSE overlay district, as follo~rs:
E. Designation as Highly Significant Endangered (`BSE")
A site or structure may be designated as Highly Significant Endangered if it satisfies
the following qualifications:
1. It meets five or more ofthe criteria set out in Paragraph D above; 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 andlor 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.
SECTIO ti 2.
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B. Exemtafion far Stabilization of Highly Significant Endangered Structure
1. Description of Incentives. A structure designated highly Significant Endangered, which
is stabilized in accordance lvith 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
immediate)}~ following the year in which the work is completed. The exemption
under this paragraph terminates wZhen an owner qualifies for Rehabilitation
Incentives under Paragraph C. 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 C. 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 C. Nothing in this Article relieves the owner from the responsibility to
submit an application for the exemption each w=ear to the appraisal district for the
county in which the property is located pursu~uit to the terms of the Te~~~s Tax
C~~~~i~. The I-Iistoric Preservation (71~ficer s11a11 ~~stii~t the owner in filinU~ f ~r ~~~;h
~~~c~n~~ti~>>t<atther~~~ii~~t ~~I~tl~r ~;~~~n~r.
2. Stabilization. "Stabilization" of a structure designated as Highly Significant
EZ'idangered shall Consist of exterior and interior iiiiprC'io`ementS required to prevent
further deterioration of the structure, as determined by the Building Official, but at a
minimum shall include the following:
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
caret 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 ar 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 subfloors;
c. Structural ceilings;
d. Exterior doors;
e. Exterior paint;
f. Mechanical equipment;
g. Vti'indo~vs;
h, Exterior brick veneers or treatments;
i. Plumbing:
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~. Ineligible Costs. Ineligible costs include, but are not limited to, the following:
a. Plumbing and electrical fixtures; pro~~ided, however, documented
replacement of historic fixtures may be considered eligible;
b. Overhead;
c. Taxes;
d. Superuisor payroll;
e. Repairs of construction equipment;
f. Tools; and
g. Any other items not directly related to the exterior appearance or the
structural integrity or viability of the building.
SECTION 3.
Chapter 4, Article 5, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort
Worth, Section x.506, "Tax Incentives", Subsection C. "Partial Exemption for Stabilization of
Highly Significant Endangered Structure" is deleted in its entirety and Subsections D,, E., F., G.,
H., L, J., K., and L. are renumbered as Subsections C., D., E., F., C., H., L, J., and K,
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
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remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined
not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation exists
shall constitute a separate offense.
SECTION 7.
All rights and remedies of the City of Fart Worth, Texas, are expressly saved as to any and
all violations of the provisions of Ordinance No. 13896 which have accrued at the time of the
effective date of this ordinance and, as to such accrued violations and all pending litigation, bath
civil and criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but mayr be prosecuted until final disposition by the courts.
SECTION 8.
The Cit< ti~cr~~tur~ t~f the City of Ft~rt ~~~~rth_ I~~~i~_ i~ herrl~c dir~~rt~~1 <<~ i~ai~li,h tl~e
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SECTIQN 9.
This ordinance shall take effect upon adaptian and publication as required by la~P.
APPROVED AS TO FORM AND LEGALITY;
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Assistant Cite Attorney
ADOPTED: ~ ~ ~ ~ " ~ 1 ~ .
EFFECTIVE:, ~
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