HomeMy WebLinkAboutOrdinance 11970May 23, 1995
ORDINANCE NO ~ D
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF FORT WORTH, BEING ORDINANCE NO 3011, AS AMENDED,
CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH,
TEXAS (1986), BY AMENDING SECTION 2-G, "HC" HISTORIC AND CULTURAL
LANDMARK OVERLAY DISTRICT; TO DECLARE THE PURPOSE AND INTENT
OF SECTION 2-G; TO PROVIDE DEFINITIONS; TO PROVIDE. FOR THE
APPOINTMENT OF AN HISTORIC PRESERVATION OFFICER, TO PROVIDE
PROCEDURES AND CRITERIA FOR THE DESIGNATION OF HIGHLY SIGNIFI-
CANT ENDANGERED PROPERTIES, TO PROVIDE PROCEDURES AND
CRITERIA FOR THE DESIGNATION OF HISTORIC AND CULTURAL LAND-
MARKS AND HISTORIC AND CULTURAL LANDMARKS DISTRICTS, TO
PROVIDE PROCEDURES AND CRITERIA FOR THE DESIGNATION OF DEMOLI-
TIONDELAY PROPERTIES, TO ESTABLISH PROCEDURES AND CRITERIA FOR
THE REMOVAL OF SUCH DESIGNATIONS, TO PROVIDE FOR ADOPTION OF
DESIGN GUIDELINES FOR CERTAIN SIGNIFICANT BUIIDINGS; TO PROVIDE
TAX INCENTIVES FOR THE STABILIZATION AND REHABII.TTATION OF
CERTAIN HISTORICALLY SIGNIFICANT PROPERTIES, TO REQUIRE CERTIFI-
CATES OFAPPROPRIATENESS FOR DEMOLITION, RELOCATION, REPAIR AND
REHABII.TTATION OF CERTAIN HISTORICALLY SIGNIFICANT PROPERTIES,
TO ESTABLISH PROCEDURES FOR ISSUANCE OF CERTIFICATES OF
APPROPRIATENESS, TO PROVIDE FOR DOCUMENTATION OF CERTAIN
BUILDINGS TO BE DEMOLISHED OR RELOCATED; TO PROVIDE CERTAIN
REQUIREMENTS CONCERNING PUBLIC SAFETY HAZARDS AND EMERGENCY
SECURING MEASURES; TO ESTABLISH PROCEDURES FOR MODIFICATION OF
REQUIREMENTS FOR CERTIFICATES OF APPROPRIATENESS WHEN CERTAIN
FINDINGS ARE MADE CONCERNING LOSS OF SIGNIFICANCE OR UNREASON-
ABLE ECONOMIC HARDSHIP; TO ESTABLISH PROCEDURES FOR APPEALS
FROM DECISIONS CONCERNING CERTIFICATES OF APPROPRIATENESS, TO
PROHIBIT DEMOLITION BY NEGLECT OF CERTAIN HISTORICALLY SIGNIFI-
CANT STRUCTURES AND PROPERTY, TO PROVIDE FOR PENALTIES, TO
PROVIDE THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; TO PROVIDE A SEVERABILTTY CLAUSE; TO PROVIDE A
PENALTY CLAUSE, TO PROVIDE A SAVINGS CLAUSE; TO PROVIDE FOR
PUBLICATION IN PAMPHLET FORM, TO PROVIDE FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, the Texas Local Government Code, Chapter 211, authorizes the governing body of
a municipality to adopt zoning regulations for the purpose of promoting the public health, safety, morals
or general welfare and protecting and preserving places and areas of historical, cultural or architectural
importance and significance; and
WHEREAS, the Texas Local Government Code, Section 211 003, provides that, in the case of
designated places and areas of historical, cultural or azchitectural importance and significance, the
governing body of a municipality may regulate the construction, reconstruction, alteration or razing of
buildings and other structures; and
WHEREAS, the Texas Local Government Code, Section 211 005, authorizes the governing body
of a municipality to divide the municipality into districts of a number, shape and size which the governing
body considers best for carrying out the provisions of Chapter 211, General Zoning Regulations, within
which districts the governing body may regulate the erection, construction, reconstruction, alteration,
repair or use of buildings, other structures or land,
WHEREAS, the City Council of the City of Fort Worth recognizes the vital importance that its
residents place on the preservation and maintenance of the municipality's unique historical, cultural and
architectural heritage as evidenced by the municipality's many historic structures and propeties, all of
which maintain cultural and neighborhood identity while encouraging tourism and industry, which aze
significant economic activities and sources of revenue for the municipality and its residents;
WHEREAS, the City Council recognizes that the requirement of preserving the historical,
cultural, architectural aad archeological heritage of the municipality is necessary because changes
increasingly threaten to destroy buildings, structures and azeas having important historical, cultural,
azchitectural, accheological and community values, which, when damaged or destroyed, cannot be
replaced;
WHEREAS, in order to effectuate such purposes, it is the intent of the City Council to retain the
"HC" Historic and Cultural Landmazk Overlay designation in all significant respects and to establish
additional zoning classifications for the identification, protection, enhancement and preservation of certain
properties wide historical, cultural, architectural and/or archeological significance;
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WHEREAS, it is the intent of the City Council to establish a Highly Significant Endangered
designation in order to identify certain highly significant properties at serious risk of demolition due to
neglect, disuse and other factors, to protect such properties from further deterioration or demolition and
to offer tax incentives for the stabilization and rehabilitation of such properties,
WHEREAS, it is the intent of the City Council to establish a Demolition Delay designation for
certain significant properties in order to provide for a delay in the demolition of such properties to allow
for the exploration of alternatives to demolition;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIZ OF THE CITY OF
FORT WORTH, TEXAS.
SECTION 1.
That Section 2-G, "HC" Historic and Cultural Landmazk Overlay District, of the Comprehensive
Zoning Ordinance (Appendix "A" of the Code of the City of Fort Worth) is hereby amended to read as
follows.
SECTION 2-G HISTORICALLY, CULTURALLY, ARCHITECTURALLY AND
ARCHEOLOGICALLY SIGNIFICANT PROPERTIES
SUBDIVISION A. GENERAL
Purpose and Intent
As a matter of public policy, the protection, enhancement and perpetuation of landmarks or
districts of historical, cultural, azchitectural or azcheological importance and significance aze
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, azchitectural and azcheological resources that constitute their
heritage. The provisions of this section are intended to
A. protect, enhance and perpetuate landmazks and districts of historical, cultural,
azchitecturai or archeological importance which represent or reflect distinctive and
important elements of Fort Worth's historical, cultural, azchitectural, azcheological,
social, economic, ethnic and political heritage;
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B. foster civic pride by recognizing accomplishment's of the past;
C. protect and enhance the attractiveness of the City to tourists and visitors and support and
stimulate the economy;
D, insure the harmonious, orderly and efficient growth and development of the City;
E. promote the economic prosperity and welfaze of the community;
F encourage the stabilization, restoration and improvement of property and property values,
and
G. maintain a generally harmonious outwazd appearance of both historic and modem
structures which are compatible and complementary in scale, form, color, proportion,
texture and material.
2. D ii ~
The following definitions shall apply only to Section 2-G
ARCHEOLOGY• The science or study of the material remains of past life or activities and
physical site, location or context in which they aze found, as delineated in the Department of the
Interior's Archaeological Resources Protection Act of 1979.
AREA. A specific geographic division of the City of Fort Worth.
ASSESSED VALUE: The value of the struchue and land necessary for access to and use of the
structure as determined by the Tarrant Appraisal District in accordance with the Texas Property
Tax Code:
BUII.DING• Any structure created to shelter people or things, such as a house, barn, church,
hotel or similar structure.
CERTIFICATE OF APPROPRIATENESS A signed and dated document evidencing the
approval of the Landmarks Commission for work proposed by an owner or applicant.
COMNIlTMENT TO REPAY. A Iegal instnunent requiring the owner of property granted a tax
exemption under this Section to repay to the City all taxes which would have been owed to the
City but for such tax exemption, upon a finding that an historically significant site in need of tax
relief. has been totally or partially destroyed or significantly altered by the willful act or
negligence of the owner or his agent or that the owner has failed to comply with the Secretary
of the Interior's Standazds for Rehabilitation or design guidelines for the property, The City's
remedies pursuant to the commitment to repay shall be in addition to all remedies to which the
City is eatitled pursuant to the Texas Property Tax Code.
CONTRIBUTING RESOURCE: A structure or property which in its historical, cultural,
architectural or azcheological character contributes to Lhe purpose of an Historic and Cultural
Landmazks District or to a structure designated Historic and Cultural Landmark or Highly
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Significant Endangered and which is classified as a Contributing Resource in the design guidelines
for such district or structure.
DEMOLTfION An act or process which destroys a site or structure in its entirety, or which
destroys a part of a site or structure and permanently impairs its structural, historic or
azchitectural integrity
DEMOLITION DELAY A structure or site which satisfies one or more of the criteria set out
in Subdivision B, Section 3C and which is designated as such in accordance with this Section.
DESIGN GUIDELINES. Guidelines which aze adopted by the Landmazks Commission for
property designated as Highly Significant Endangered, Historic and Cultural Landmazk or
Historic and Cultural Landmazks District to protect, perpetuate and enhance the historical,
cultural, azchitectural or azcheological chazacter of an object, site or structure.
DISTRICT• A geographically definable azea, urban or rural, possessing a significant
concentration, linkage or continuity of objects, sites or structures united by past events or
aesthetically by plan or physical development.
ENDANGERED Threatened by deterioration, damage or irretrievable, irreplaceable loss due
to neglect, disuse, disrepair, instability, lack of financial resources and/or impending demolition.
HISTORIC AND CULTURAL LANDMARK: A structure or site which satisfies three or more
of the criteria set out in Subdivision B, Paragraph 2 and which is designated as such in
accordance with this Section.
HISTORIC AND CULTURAL LANDMARKS DISTRICT• An azea which includes two or more
structures or sites which satisfy three or more of the criteria set out in Subdivision B, Paaagraph
2, together with their accessory buildings, fences and other appurtenances, and which is des-
ignated as such in accordance with this Section. An Historic and Cultural Landmazks District
may have within its boundazies other structures that, while not of such historical, cultural,
azchitectural or azcheological significance as to be designated as an Historic and Cultural
Landmazk, nevertheless contribute to the overall visual setting of or characteristics of the district.
HIGHLY SIGNIFICANT ENDANGERED: A structure or site which satisfies five or more of
the criteria set out in Subdivision B, Pazagraph 2, which is endangered and which is designated
as such in accordance with this Section.
HISTORIC PRESERVATION The identification, evaluation, recordation, documentation,
acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance and
reconstruction of historic structures or property, or any combination of the foregoing activities.
HISTORIC PROPERTY: Full range of properties which aze significant in history, pre-history,
azchitecture, engineering,azcheology and culture, including properties significant to the whole
nation or those significant at the state, regional or local level
HISTORIC RESOURCES SURVEY The survey of historic resources published by the Historic
Preservation Council for Tazrant County, as amended from time to time.
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HISTORICALLY SIGNIFICANT SITE IN NEED OF TAX RELIEF: A structure, together with
the land necessary for access to and use of the structure, which meets one of the following
qualifications. (1) It has been designated Highly Significant Endangered, or (2) It has been
designated Historic and Cultural Landmazk or is located in an Historic and Cultural Landmarks
District, and a project for substantial rehabilitation of the structure has been approved by the City
Council.
LANDMARK: A structure or property which is of value in preserving the historical, cultural,
architectural or archeological heritage,. or an outstanding example of design or a site closely
related to an important personage, act or event in history. Such structures or property should be
preserved and restored to their historical character and should be protected from modifications
which detract from their historical significance.
LANDMARKS COMMISSION. The Historic and Cultural Landmarks Commission of the City
of Fort Worth, established in accordance with Section 25, Article VI of the Code of the City of
Fort Worth.
NON-CONTRIBUTING RESOURCE: A structure or property which, though within the
boundaries of an Historic and Cultural Landmarks District or located on land necessary for access
to and use of a structure designated as Highly Significant Endangered or Historic and Cultural
Landmark, does not contribute to the historical, cultural, azchtectural or archeological chazacter
thereof and which is classified as aNon-Contributing Resource in the design guidelines for such
property. Such designation is meant to provide greater latitude for utilization of the structure or
property; however, all modifications shall conform to the design guidelines.
NON-ESSENTIAL ELEMENT: A structure or property which, though within the boundaries
of an Historic and Cultural Landmarks District or located on land necessary for access to and use
of a structure designated as Highly Significant Endangered or Historic and Cultural Landmark,
lacks the basic characteristics of an Historic Property, could be demolished or relocated with little
or no consequence to the historical, cultural, architectural or archeological chazacter of such
district or property and which is classified as aNon-Essential Element in the design guidelines
for such property.
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NOTICE OF NOMINATION. A notice that a structure or site has been nominated for
designation as Highly Significant Endangered, Historic and Cultural Landmark or Demolition
Delay, or that it is located within the boundaries of an area nominated for designation as an
Historic and Cultural Landmarks District, which shall be sent by the Historic Preservation Officer
or his/her designee to the owner of such property.
ORDINARY REPAIR AND MAINTENANCE: Any work, the purpose and effect of which is
to correct any deterioration or decay of or damage eo a structure or property, or any paR thereof,
and to restore the same, as nearly as may be practicable, to its condition prior to such deter-
ioration, decay or damage, using the same materials or those materials available which are as
close as possible to the original and all of which must comply with applicable codes and
ordinances. Ordinary repair and maintenance does not include a change in design, material or
outward appearance, but does include in-kind replacement or repair.
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PENDING DESIGNATION A structure or site for which a Notice of Nomination for desig-
nation as Highly Sigtificant Endangered, Historic and Cultural Landmazk or Demolition Delay,
or for inclusion in an Historic and Cultural Landmarks District, has been mailed by the Historic
Preservation Officer or his/her designee by certified mail, return receipt requested, to the owner
or owners.
REASONABLE RATE OF RETURN• A reasonable profit or capital appreciation which may
accrue from the use or ownership of a structure or property as the result of an investment or
labor.
RECONSTRUCTION The act or process of reassembling, reproducing, or replacing by new
construction, the form, detail and appearance of a structure or property and its setting as it
appeazed at a particulaz period of time by means of the removal of later work, the replacement
of missing eazlier work or the use of original materials:
REHABIITTATION The act or process of returning a structure or property to a state of utility
through repair, remodeling or alteration that makes possible an efficient contemporary use while
preserving those portions or features of the structure or property which are significant to its his-
torical, cultural, azchitectural or archeological values.
RELOCATION. Any change of the location of a structure, objector material thing in its present
setting or to another setting.
RESOURCE. A source or collection of objects, sites, structures, or property which exemplifies
the cultural, social, economic, political, archeological or architectural history of the nation, state
or City.
RESTORATION The act or process of accurately recovering the form and details of a structure
or property and its setting as it appeazed at a particulaz period of time by means of the removal
of later work or by the replacement of missing earlier work.
SECTION. Section 2-G of the Comprehensive Zoning Ordinance of the City of Fort Worth,
being Ordinance No 3011, as amended, which is codified as Appendix "A" of the Code of the
City of FoR Worth.
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION The Secretary
of the Interior's Standazds for Rehabilitation and Guidelines for Rehabilitating Historic Buildings,
reported at 36 Code of Federal Regulations 67 7, or as recodified.
SITE: The location of a significant event, a prehistoric or historic occupation or activity, or a
structure or cluster of structures, whether standing, ruined or vanished, where the location itself
maintains historical or azcheological value, regardless of the value of any existing structure.
STABILIZATION: The act or process of applying measures designed W re-establish a weather
resistant enclosure and the structural stability of an unsafe or deteriorated structure or property
while maintaining the essential form as it presently exists.
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STRUCTURE: Anything constructed or erected which requires location on the ground, or is
attached to something having a location on the ground,,including; without limitation, buildings.
UNREASONABLE ECONOMIC HARDSHIP• An economic burden imposed upon the owner
which is unduly excessive and deprives the owner of the opportunity of making reasonable
beneficial use of the owner's property or realizing a reasonable rate of return upon the value of
the owner's property as required by the United States Supreme Court in Penn Central
Transportation Comfy v. New York Citv, 438 U.S. 104 (1978) and subsequent decisions.
3. AQnointment of Historic Preservation Officer
A. The-Director of PIanning and Growth Management shall appoint a qualified staff person
to serve as Historic Preservation Officer. The Historic Preservation Officer shall
administer this Section and advise the Landmazks Commission on matters submitted to
such commission.
B. Ia addition to serving as representative of the Landinazks Commission, the Historic
Preservation Officer is responsible .for coordinating the City's historic preservation
activities with those of state and federal agencies and with local, state, and national
nonprofit preservation organizations. The Historic Preservation Officer shalt maintain
the Historic Resources Survey and shall update such survey from time to time.
SUBDIVISION B. CATEGORIES OF PROTECTION
1, Establishment Q~ Cate~or#es~
There shall be three categories of protection for historically, culturally, azchitecturally or
azcheologically significant properties in the City of Fort Worth, as follows:
A. Highly Significant Endangered;
B. Historic and Cultural Landmark, if an individual structure or site, or Historic and
Cultural Landmarks District, if more than one structure or site; and
C. Demolition Delay
2, General Criteria
The criteria to be applied in order to determine whether sites or structures qualify for designation
as Highly Significant Endangered, Historic and Cultural Landmazk, Historic and Cultural
Landmazks District and Demolition Delay aze as follows:
A. Is distinctive in character, interest or value; strongly exemplifies the cultural, economic,
social, ethnic or historical heritage of the City of FoR Worth, State of Texas or the
United States.
B. Is an important example of a particular azchitectural type or specimen in the City of Fort
Worth.
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C. Has been identified as the work of an important azchitect or master builder whose
individual work has contributed to the development of the City of Fort Worth.
D Embodies elements of azchitectural design, detail, materials or craftsmanship which
represent a significant azchttectural innovation.
E. Bears an important and significant relationship to other distinctive structures, sites or
areas, either as an important collection of properties of architectural style or craftsman-
ship with few intrusions, or by contributing to the overall chazacter of the area according
to a plan based on architectural, historic or cultural motif.
F Possesses significant azcheological value which has produced or is likely to produce data
affecting theories of historic or prehistoric interest.
G Is the site of a significant historic event.
H. Is identified with a person or persons who sigr-ificantly contributed to the culture and
development of the City of Fort Worth, State of Texas. or the United States.
I. Represents a resource, whether natural or man-made, which greatly contributes to the
character or unage of a defined neighborhood or community area.
J Is designated as a Recorded Texas Historic Landmark or State Archeological Landmazk,
or is included on the National Register of Historic Places.
3. Criteria for Individual Categ ries
A. ~Ehly Significant Endangered
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 Subdivision B, Paragraph 2, aad
(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.
A structure designated Highly Significant Endangered shall be deemed to be an
historically significant site in need of tax relief to encourage its preservation, in
accordance with Section 11.24 of the Texas Property Tax Code.
B. Historic and Cultural Landmazk
An individual structure or site may be designated as an Historic and Guttural Landmark
if it meets three or more of the criteria set out in Subdivision B, Paragraph 2. Aa 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.
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C. Demolition Delay
A structure may be designated Demolition Delay if it satisfies one or more of the
following qualifications:
(1) Designated as a Recorded Texas Historic Landmazk;
(Z) Designated as a Texas State Archeological Landmazk;
(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 Subdivision B, Pazagraph 2 and is
identified as a resource within a defined survey district of the Historic Resources
Survey or within a Tazgeted Plan Area adopted by the City of Fort Worth.
D pesigitation of Demolition De]axProperly ~~Highly Significant Endangered or Historic
and Cultural Landmark
Pursuant to this ordinance, owners of structures designated Demolition Delay who have
filed an application for a demolition permit are subject to a delay in issuance of the
permit of up to 180 days. It is the governing body's intent that owners of such property
who have sought a demolition permit shall not be frustrated in their efforts to demolish
or sell such property by extension of the decay period through nomination of property
designated Demolition Delay as Highly Significant Endangered or Historic and Cultural
Landmark. Accordingly, if an owner of a structure designated Demolition Delay has filed
an application for a demolition permit 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 Landmazk or Highly Significant
Endangered. However, an azea which includes such structure may be designated as an
Historic and Cultural Landmazks District.
4. Procedures for Designation of Proper~}r
The procedures for designation of individual sites and structures as Highly Significant
Endangered, Historic and Cultural Landmazk and Demolition Delay and for designation of azeas
as Historic and Cultural Landmazks Districts are as follows.
A. Nomination
Property may be nominated for designation as Highly Significant Endangered, Historic
and Cultural Landmark, Historic and Cultural Landmarks District or Demolition Delay
by the City Manager, the City Council, the Landmazks Commission or the owner.
Nominations shall be submitted to the Historic Preservation Officer Nomination by the
City Council or the Landmazks Commission shall be in the form of a resolution reques-
ting that the Historic Preservation Officer submit the nomination to the Landmarks
Commission, Nomination by the City Manager or the owner shall be by completion of
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a nomination form promulgated by the Department of Planning and Growth Management.
No nomination fee shall be charged. A nomination for designation of an area as an
Historic and Cultural Landmazks District submitted by the property owners must be
signed by the owners of at least 66 2/396 of the property to be located within the bound-
azies of the proposed district.
B. Notice of Nomination
Upon receipt of a nomination, the Historic Preservation Officer or his designee shall
prepare a Notice of Nomination, which shall be mailed to the owner or owners of the
property by certified mail, return receipt requested, at least ten days prior to the
Landmazks Commission hearing described` in Pazagraph 4D below In the case of
nomination for an Historic and Cultural Landmarks District, a Notice of Nomination shall
be mailed to each individual owner of property within such 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. The Notice of Nomination shall
include the following information:
(1) A description of the structure or site proposed for nomination;
(2) The proposed category of protection and the criteria on which the nomination is
based;
(3) A description of the benefits, restrictions and other terms of the proposed
designation, including without limitation tax incentives and restrictions on
demolition and rehabilitation;
(4) The time, place and date of the public heazing by the Landmakks Commission to
consider such designation;
(~ A statement of the stay of actions after nomination provided for in Pazagraph 4C
below; and
(~ A form on which the owner may explain the reasons why the nomination should
be approved or denied`.
C. ~xof Actions After Nomination
(1) Interim Controls: The governing body finds that immediate, temporary controls
prohibiting alteration, demolition or relocation of properties for which a Notice
of Nomination as° Highly Significant Endangered, Historic and Cultural Land-
mark 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 aze required in order to further
the purpose of this ordinance.
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(2) i hlv isnificant Endangered Historic and Cultural Landmark and Historic and
C'i,thirat i .andmarks District: After the Historic Preservation Officer has mailed
a Notice of Nomination as Highly Significant Endangered, Historic and Cultural
Landmazk or Historic and Cultural Landmazks District to the owner or owners
of such property by certified mail, return receipt requested, all permits for con-
struction, repairs, alterations, additions, stabilization, restoration, rehabilitation,
demolition or relocation of any building, objector structure on the property shall
be subject to the Certificate of Appropriateness requirements contained in Sub-
division Dfor aperiod of 135 days or until the proposed designation is denied,
whichever occurs first. 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 depar~nent before the Notice of Nomination is
mailed shall not be subject to interim controls or the Certificate of Appropriate-
ness requirements.
(3) Demolition Delav 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 certified mail, return receipt requested, all permits for
demolition or relocation of any building, object or structure on the property shall
be subject to the Certificate of Appropriateness requirements contained in
Subdivision D for a period of 135 days or until the proposed designation is
denied, whichever occurs first. In the event that the proposed designation is
approved, the property shall be subject to all Certificate of Appropriateness
requirements applicable to Demolition Delay properties. Permits for which as
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 Subdivision D. Fn addition, an owner may seek
expedited relief from the interim controls by presenting information to the
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 accompa-
nied 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 consider-
ation of the owner's request for relief. The owner shall also present evidence
concerning plans for development of the property The Landmazks Commission
shall conduct a hearing on such matter within 15 days after the request for relief
is filed. The 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 circum-
stances justifying relief from the interim controls. It is the governing body's
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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 Landmarks Commission finds unusual and compelling
circumstances justifying relief from the interim controls, the Landmazks
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 Landmazks Commission deems to be appropriate.
D i .andmarks Commission Heazin¢
No property shall be designated as Highly Significant Endangered, Historic and Cultural
Landmazk, Historic and Cultural Landmazks District or Demolition Delay without the
approval of the Landmazks Commission after hearing. The Landmazks Commission shall
conduct a public heazing on the proposed designation within 45 days after receipt of the
nomination for designation by the Historic Preservation Officer, or as soon thereafter as
is reasonably practicable. At the Landmarks Commission's public heazing, the owner or
owners, interested parties and technical experts may present testimony or documentary
evidence which will become part of a record regarding the historic, cultural, azchitectural
or azcheological importance of the structures or property The Landmazks Commission
shall make its recommendation to the Zoning Commission concerning the proposed
designation within 30 days after the heazing on the proposed designation, or as soon
thereafter as is reasonably practicable.
E. Zoning Commission HeazinQ
Upon recommendation of the Landmarks Commission, the proposed designation shall be
submitted W the Zoning Commission. The Zoning Commission shall give notice and
conduct its public heazing on the proposed designation within 45 days of the receipt of
such recommendation from the Landmarks Commission, or as soon thereafter as is
reasonably practicable. Such heazing shall be in the same manner and according to the
same procedures for rezoning as provided in the Zoning Ordinance. The Zoning
Commission shall make its recommendation to the City Council within 45 days after the
hearing on the proposed designation, or as soon thereafter as is reasonably practicable.
F ~i y Council Hearing
The City Council shall give notice and conduct its heazing on the Landmazks Com-
mission's recommendation concerning the proposed designation within 45 days of receipt
of the recommendation of the Zoning Commission, or as soon thereafter as is reasonably
practicable. The 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 rezoning as provided in the Zoning Ordinance. The City Council shall
make a final determination at the heazing, or as soon thereafter as is reasonably prac-
ticable.
13
G Vote R~uired for DesiP an tion
If an owner of a structure nominated for designation as Highly Significant Endangered,
Historic and Cultural Landmazk or Demolition Delay or the owners of at least 209b of
an azea nominated for designation as an Historic and Cultural Landmarks District protest
such designation by submitting a written, signed protest, the affirmative vote of at least
*~ three-fourths 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.
Further, if the owner of a structure nominated for designation as an Historic and Cultural
,~ Landmazk submits a written, signed protest of such designation at the Landmazks
Commission heazing the nomination must also receive the affirmative vote of at least
three-fourths of all members of the Landmazks Commission and the Zoning Commission
in order to take effect.
H. Recordation of Designations on Zoning Mau
Upon designation of a site, structure or azea as Highly Significant Endangered, Historic
and Cultural Landmark, Historical and Cultural Landmazks 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 Landmazks, 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.
Jilin oQ~ f Designations in Proper Records
Record of designations of a site, structure or area as Highly Significant Endangered,
Historic and Cultural Landmazk, 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.
5 Procedure and Criteria for Removal of Designation
A. ~p~lication for Removal of Designation
Application for removal of the Highly Significant Endangered, Historic and Cultural
Landmazk, Historic and Cultural Landmarks District or Demolition Delay designation
shall be subnutted to the Historic Preservation Officer. Application may be made by the
property owner or his authorized representative, the City Manager, the Landmarks
Commission or the City Council. The same procedure that is followed in designation of
such categories shall apply to removal of the designation, including approval by the
Landmarks Commission, the Zoning Commission and the City Council. All owners of
an individual site or structure must sign the application for removal Applications for
removal of an Historic and Cultural Landmarks District designation shall be signed by
the owner or owners of 66 2/39b of the property in the district or their representatives.
14
B Removal of Highly Significant Endangered Designation
The Highly Significant Endangered designation may be removed for the following
reasons.
(1) It is determined that the site or structure is no longer historically, culturally,
azchitecturally or azcheologically significant under the criteria listed in Subdivi-
sion B, Pazagraph 2,
(2) It is determined that the site or structure is no longer endangered, or
(3) It is determined that such designation creates an unreasonable economic hardship
upon the owner or owners in accordance with the provisions of Subdivision E.
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 Landmazk 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.
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.
C. Removal of Historic and Cultural Landmazk Desi ion
The Historic and Cultural Landmazk designation, whether relating to individual properties
or to an Historic and Cultural Landmarks District, may be removed for the following rea-
sons.
(1) It is determined that the site, structure or area, as applicable, is no longer histori-
cally, culturally, architecturally or azcheologically significant under the criteria
listed in Subdivision B, Pazagraph 2, of this Section; or
(2) It is determined that such designation creates an unreasonable econonuc hardship
upon the owner or owners in accordance with the provisions of Subdivision E.
The HlstorlC 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.
IS
The Historic Preservation Officer shall remove the Historic and Cultural Landmazk
designation from the official zoning maps of the•City and shall file a notice that the
designation has been removed in the official property records of the county in which such
property is located within ten days after approval by the City Council of removal of the
designation.
D Removal of Demolition Delay Designation
The Demolition Delay designation may be removed for the following reasons.
(1) It is determined that the site or structure no longer satisfies at least one of the
criteria set out in Subdivision B, Paragraph 3C;
(2) It is determined that such designation creates an unreasonable econonuc hazdship
upon the owner or owners in accordance with the provisions of Subdivision E;
or
(3) The site or structure is demolished in accordance with this section.
The Historic Preservation Officer shall remove the Demolition Delay designation from
the official zoning maps of the City and shall file a notice that the designation has been
removed in the official property records of the county in which such property is located
within ten days after approval by the City Council .of removal of the designation or after
receipt of notice from the owner or his representative that the site or structure has been
demolished.
E. Burden of Proof
The owner or owners seeking removal of a designation have the burden of proof to
establish by a preponderance of the evidence the necessary facts to warrant favorable
action by the Landmazks Commission, the Zoning Commission and the City Council.
6 Adoption of Design Guidelines for Highly Significant Endangered. Historic and Cultural
Landmazks and Historic and. Cultural Landmazks Districts
A. Submittal of Proposed Guidelines
(1) Highly Sig~ficant Endangered. The Historic Preservation Officer shall work with
the owner of a structure nominated as Highly Significant Endangered to prepaze
design guidelines for such property Such guidelines shall follow the principles
set forth in the Secretary of the Interior's Standards For Rehabilitation, The
guidelines shag be used by the property owner or owners aad the City's adminis-
trative staff in implementing the intent and purpose of this Section.
(2) Historic and Cultural Landmark: When application is made by the owner or
owners for the designation of an Historic and Cultural Landmark, whether an
individual stricture or a district, the owner or owners shall submit with the
application a set of proposed design guidelines following the principles set forth
16
in the Secretary of the Interior's Standazds for Rehabilitation. The guidelines
shall be prepazed by the applicant with the assistance of the Historic Preservation
Officer The owners of property nominated for designation as an Historic and
Cultural Landmark or an Historic and Cultural Landmarks District by the
Landmarks Commission, City Council or the City Manager shall cooperate with
the Historic Preservation Officer in the preparation of design guidelines for such
property The guidelines shall be used by the property owner or owners and the
City's administrative staff in implementing the intent and purpose of this Section.
B A~gztion by Landmarks Commission
The Landmarks Commission shall review such design guidelines and shall approve the
same, with or without modifications, not later than 60 days after designation of the
property as Historic and Cultural Landmazk, Historic and Cultural Landmarks District
or Highly Significant Endangered, as applicable, by the City Council In reviewing
guidelines for approval, the Landmazks Commission shall avail itself of all information
necessary from staff and other sources and shall be empowered to hold public hearings
if needed. The Landmarks Commission may suspend action on any requests affecting
structures designated as Historic and Cultural Landmark or Highly Significant
Endangered, or located within an Historic and Cultural Landmarks District, pending the
approval of the guidelines. Guidelines shall have the validity of a Commission ruling and
shall be so enforced by the enforcing authority Copies of the approved guidelines shad
be on file in the Department of Development and in the office of the Historic Preserva-
tion Officer.
C, content and A,~Rlication of Guidelines
(1) The guidelines will classify all structures and property within an Historic and
Cultural Landmarks District or on land necessary for access to and use of a
structure designated Highly Significant Endangered or Historic and Cultural
Landmazk as one of the following:
(a) Landmark;
(b) Contributing Resource;
(c) Non-Contributing Resource; or
(d) Non-Essential Element.
(2) The guidelines shall establish significant physical chazacteristics for structures
and properties and modifications thereto, including layout and location on site,
size, shape, materials and textures, and fenestration where applicable.
(3) The guidelines so established shall apply to any proposed addition, deletion,
alteration or modification to structures and sites within an Historic and Cultural
Landmarks District or on land necessary for access to and use of a structure
designated Highly Significart Endangered or Historic and Cultural Landmark but
shall not be imposed on those existing structures or properties, or portions
thereof, which aze not altered. The guidelines so established shall also apply to
any proposed new structure erected or placed in as .Historic and Cultural
17
Landmazks District or on land necessary for access to and use of a structure
designated Highly Significant Endagered or Historic and Cultural Landmark.
D Modification or Invalidation of Guidelines
Design guidelines may be reviewed and modified by the Landmarks Commission when
:~ requested by a property owner or City staff, Modifications to guidelines may be
promulgated" by the Commission following the same procedures used for promulgation
of the original guidelines. The Zoning Boazd of Adjustment shall not have jurisdiction
to grant any variance or exception from design guidelines. Invalidation of any portion
of the guidelines shall not affect the validity of any other portion.
7. Previous Deignated "HC" Subdistrictc and Historic and Cultural Landmazk Overlay Districts
All places, objects, sites, structures or property heretofore designated by the•~City Council as
"HC" Historic and Cultural Subdistricts 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 Section and shall bear the
appropriate mazk in their zoning designation. Tax incentives granted for renovation, restoration
or rehabilitation under pre-existing provisions of the Zoning Ordinance shall remain in force.
Relationship of Desi~ations to Zoning
A. Designation of a structure, site or azea by the City Council as Highly Significant
Endangered, Historic and Cultural Landmark, Historic and Cultural Landmarks District
or Demolition Delay 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.
B The height of structures and the minimum dimensions of lots and yards shall be deter-
mined by the regulations set forth for the underlying, primary zoning district classifica-
tion except where more restrictive height and azea regulations aze specified in design
guidelines adopted by the Landmazks Commission.
C. If there is any conflict between the design guidelines and any provision of the Zoning
Ordinance, the most restrictive regulation shall apply
D If there is any conflict between the provisions of this Section and any other provision of
the Zoning Ordinance, the most restrictive regulation shall apply, in the absence of a
specific directive to the contrary.
18
SUBDMSION C. TAX INCENTIVES FOR
CERTAIN SIGNIFICANT PROPERTIES
Puroose
The purpose of this section is to encourage historic preservation by providing tax incentives for
the stabilization, rehabilitation and renovation of properties designated as Highly Significant En-
dangered and Historic and Cultural Landmark and properties located in an Historic and Cultural
Landmarks District.
2 Tax Incentives for Properties Desinated as Highly Significant Endangg~
A. Exemption from Citv Taxes on Structure
All of the assessed value of a structure designated Highly Significant Endangered shall
be exempt from ad valorem taxes owed to the City of Fort Worth, commencing on the
first day of the tax yeaz following such designation. The exemption shall relate only to
the assessed value of the structure. The assessed value of the land on which such
structure is located shall not be exempt from City ad valorem taxes pursuant to this
section. The owner shall be entitled to such tax exemption by reason of designation of
such property as Highly Significant Endangered and shall not be required to submit an
application to the City in order to qualify for the exemption, provided, however, nothing
in this ordinance relieves the owner from the responsibility to apply each yeaz to the
Tarrant Appraisal District for the exemption pursuant to the terms of the Texas Property
Tax Code. The Historic Preservation Officer shall assist the owner in filing for such
exemption, at the request of the owner.
B. Partial Exemption from City Taxes on Land for Stabilization of St_n~cture
(1) Qualification for Partial Exemption: The owner of a structure designated Highly
Significant Endangered who performs work to stabilize the structure shall be
entitled to recover a part or all of the cost of such work through an exemption
from City ad valorem taxes of up to 5096 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 yeaz immediately following the yeaz in
which the work is completed. In the event that the tax savings arising from the
partial exemption .for such one yeaz period is less than the cost of such work, the
partial exemption may be carried over from yeaz to year, for a total period not
to exceed five years. An owner may seek multiple partial exemptions for eligible
work for stabilization of the property as outlined below; provided, however, an
owner will not be eligible for a partial exemption for stabilization subsequent to
rehabilitation of the property and receipt of the tax incentives related to such
rehabilitation in accordance with Pazagraph 2C below Nothing in this ordinance
relieves the owner from the responsibility to apply to the Tarrant Appraisal
District for the exemption pursuant to the terms of the Texas Property Tax Code.
The Historic Preservation Officer shall assist the owner in filing for such
exemption, at the request of the owner
19
(2) Elip,~ble Costs: Eligible projects shall consist of work performed for the stabili-
zation 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 shalt 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) Windows;
(h) Exterior brick veneers or treatments,
(i) Plumbing;
(j) Electrical wiring;
(k) Roof and gutter where necessary for structural integrity;
(1) Facade items;
(m) Elevators; g
(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
(3) Ineligible Costs: Ineligible costs include, but are not limited to, the following:
(a) Plumbing and electrical fixtures, provided, however, documented
replacement of historic fixtures may be considered eligible;
(b) Overhead;
(c) Taxes;
(d) Supervisor 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
C.
(1) ]~)eccrintion of Incentives:. A struchue designated Righly Sigaificant 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:
20
(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 commencemem 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 30% of the assessed value of the structure prior to rehabili-
tation.
(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
completion of the rehabilitation. 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 within one year 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 completion of
the rehabilitation. The term of the Rehabilitation Incentives shall decrease by one
year for every year that complyion of rehabilitation is delayed after designation,
to a minimum term of ten years.
3 Tax Incentives for Historic and Cultural Landmarks
Any structure which is designated Historic and Cultural Landmark or which is located in an
Historic and Cultural Landmarks District and which is substantially rehabilitated in accordance
with this section, and the land necessary for access to and use of the structure, 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, for a period of
ten years following completion of the rehabilitation. Any increase in the value of the structure
and 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. "Substantial rehabi-
litation" shall consist of rehabilitation at a cost which equals or exceeds 3096 of the assessed value
of the strucxure prior to rehabilitation.
al
4 ~ligibilily for Tax Incentives
A. Highly Si~ificant Endangered
(1) In order for property designated Highly Significant Endangered to be eligible for
partial exemption of the assessed value of the land for stabilization projects, the
Landmazks Commission and the City Council must approve the application for
~. the tax incentive prior to the commencement of the work and must verify
satisfactory completion of the project.
(2) In order for property designated Highly Significant Endangered to be eligible for
Rehabilitation Incentives, the Landmarks Commission and the City Council must
approve the application for the tax incentive prior to commencement of the work
and must verify satisfactory completion of the project. Property designated as
Highly Significant Endangered shall be eligible for Rehabilitation Incentives once
every 20 years.
B Hictnricat and Cultural Landmark and Historic and Cultural Landmazks District
In order for property designated Historic and Cultural Landmazk or located in an Historic
and Cultural Landmarks District to be eligible for a partial tax exemption for rehabilita-
tion, the Landmarks Commission and. the City Council must approve the application for
the tax incentive prior. to commencement of the work and must verify satisfactory
completion of the project.. Property .designated Historic and Cultural Landmazk or
located in an Historic and Cultural Landmazks District shall be eligible for the partial
City tax exemption for rehabilitation of the property once every 20 years.
5 A~nlication For Tax Incentives
Application for a City ad valorem tax exemption shall be filed with the Historic Preservation
Officer prior to commencement of any work. The application for certification may be processed
concurrently with the application for any Certificate of Appropriateness which may be required
under Subdivision D Each application shall be signed and sworn to by the owner of the property
and shall:
A. State the legal description and the address of the property proposed for certification;
B. Provide proof of title in the applicant to the property proposed for certification;
C. Include an aflYdavit by the owner describing the historic, cultural, azchitectural or
archeological significance of the structure in need of City ad valorem tax relief and its
compliance with the requirements of Paragraph 4 of this Subdivision C;
D. Provide proof that taxes or other assessments aze not delinquent on the property;
22
E. Include a complete set of plans and/or documentation for the stabilization or rehabilita-
tion, which have been approved by the Building Official, and verify compliance with
established guidelines;
F For projects for stabilization of a structure designated Highly Significant Endangered,
include a list of eligible costs,
G For rehabilitation projects, include a statement of costs reflecting that the costs exceed
3096 of the assessed value of the structure;
H. Include a projection of the estimated construction time and predicted completion date;
I. Include a detailed statement of the proposed use of the property;
Authorize members of the Landmazks Commission and. officers of the City to visit and
inspect the property;
K. Provide any additional information to the Commission which is necessary in determining
eligibility or which the owner deems relevant or useful,
L. 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
M. Contain sufficient documentation supporting the information submitted therein.
6 Consideration of Application for Tax Incentives
A. Review by Landmarks Commission
Upon receipt of the sworn application, the Landmazks Commission shall make an
investigation of the property and shall certify facts relating to the project to the Historic
Preservation Officer within 30 days, together with the Commission's documentation and
recommendation for approval or disapproval of the application for exemption.
B Review~v Ci Council
Upon receipt of the application for City ad valorem tax exemption and the recommen-
dation ofthe Landmarks Commission, the Historic Preservation Officer shall forwazd the
application to the City Council. The City Council shall approve the application, subject
to compliance with all Certificate of Appropriateness requirements and verification of
satisfactory completion of the project, provided that the owner is eligible for such
incentive pursuant to Pazagraph 4 and has submitted all required information in
compliance with Paragraph 5. Notice of approval or disapproval shall be provided to the
applicant in writing.
23
7 verification of Completion of Protect
A. Submission of Statement by ARplicant
Upon completion of a stabilization or rehabilitation project the applicant shall submit the
following documents to the Historic Preservation Officer
(1) sworn Statement of Completion of the Project;
::i: (2) copies of all receipts for cost of project;
(3) documentation that all required inspections of the project have been performed
by the Department of Development;
(4) in the case of stabilization projects; proof that costs are eligible;
(5~ in the case of rehabilitation projects, proof that the cost of the rehabilitation
equals or exceeds 309& of the assessed value of the structure prior to rehabili-
tation. Such costs may be determined according to the value of the permits
issued by the City's Building Official through the Department of Development
and/or proof of actual expenditures; and
(~ proof that a Certificate of Occupancy has been issued, if applicable.
B. Verification by Landmarks Commission
The Landmarks Commission, upon receipt of the sworn statement of completion, but no
later than 30 days thereafter, shall make an investigation of the property and shall verify
whether the stabilization or rehabilitation project has been completed. 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 Commission shall recommend approval of such tax incentive
to the City Council.
C. Ap royal By Citv Council and Notification of Taxing_Authorities
After verification of satisfactory completion of the stabilization or rehabilitation project,
the City Council shall by ordinance declare the property to be entitled to the City ad
valorem tax relief provided herein. Approval by the City Council of a project for
rehabilitation of a structure designated Historic and Cultural Landmark or located in an
Historic and Guttural Landmarks District shall constitute a finding that the structure is
an historically significant site in need of tax relief in accordance with Section 11.24 of
the Texas Property Tax Code. The Historic Preservation Officer shall give written notice
of approval of the tax incentive to the Chief Appraiser of the Tarrant Appraisal District
and the Tax Assessor-Collector of the City of Fort Worth. Thereafter, the Tax Assessor-
Collector of the City of Fort Worth shall provide the property with the applicable tax
incentive commencing on January 1 of the tax year immediately following the year in
which the work is performed. Nothing in this ordinance relieves the owner from the
24
responsibility to apply to the Tarrant Appraisal District each year for the exemption
pursuant to the terms of the Texas Property Tax Code. The Historic Preservation Officer
shall assist the owner in filing for such exemption, at the request of the owner
D Execution of Commitment to Reply
The City Council shall not approve an application for tax incentives until the applicant
files a commitment to repay to the City all City taxes which would have been owed but
for such tax exemption, with interest at an annual rate of ten percent (1096), in the event
that the owner is required to repay the taxes and interest for noncompliance with this
Subdivision C as provided in Paragraphs 8 and 9 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 his heirs and assigns. Any unpaid amount shall
constitute a lien against the property.
8 Alteration or Destruction of Structure or Site
A. Willful or NggliQent Alteration or Destruction
In order to maintain eligibility for a tax exemption in accordance with this ordinance, the
owner and his 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 ad or negligence of the owner or his
representative, the owner shall notify the Historic Preservation Officer and the Chief
Appraiser of the Tarrant Appraisal District that he is no longer entitled to the exemption.
In addition, if the I..andmazks Commission has reason to believe that a strucdue or site
benefitting from a tax exemption has been altered or totally or partially destroyed by the
willful act or negligence of its owner or his representative during the period of the
exemption, the 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 and a heazing 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 his 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 aze 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 of ten percent (1096), 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 Property Tax Code.
B. Alteration or Destruction Other Than By Willful Act or Negligence
Where a structure or site benefitting from a tax exemption described herein is totally or
partly destroyed or altered by other than the willful actor negligence of the owner or his
representative, the owner shall, within 30 days, apply for a Certificate of Appropriateness
2S
to authorize reconstruction of the structure or site in accordance with the Secretary of the
Interior's Standazds for Rehabilitation, the 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 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 Landmazks Commission in accordance
with the Certificate of Appropriateness criteria and procedures set forth in Subdivision
D. 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.
C. Public Safes Hazard
The provisions of Paragraph 8B above shall not limit the authority of the Building
Official or the Superintendent of the Code Enforcement Division to take action pursuant
to Subdivision D, Paragraph 5 concerning structures or property which constitutes a
public safety hazard.
9 Monitoring System
The status of structures or sites benefitting 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 the Secretary of the Interior's Standards for Rehabilitation and the
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 Landmazks Commission shall initiate procedures to terminate the City tax exemption
and require payment of the City taxes plus interest calculated at the rate of ten percent (1096) per
yeaz, pursuant to the terms of the commitment to repay.
10 Transferability of Tax Benefits
The benefits of this City ad valorem tax incentive program relating to structures designated
Highly Significant Endangered aad Historic and Cultural Landmark and structures located in an
Historic and Cultural Landmazks District are transferable and run with the property
26
SUBDMSION D CERTIFICATES OF APPROPRIATENESS
R~guirement of Certificate of Appropriateness
A. Activities Requiring Certificate of Appropriateness
No person shall carry out any of the following work without obtaining a Certificate of
Appropriateness issued by the Landmazks. Commission in accordance with the provisions
of this Subdivision D;
(1) Demolition or relocation of a site or structure designated or pending designation
as Highly Significant Endangered, Historic and Cultural Landmark or Demolition
Delay or located in an azea designated or pending designation as an Historic and
Cultural Landmazks District;
(2) Repair (other than ordinary repair), reconstruction, alteration, addition, stabiliza-
tion, restoration or rehabilitation of a structure or property designated or pending
designation as Highly Significant Endangered or Historic and Cultural Landmazk
or located in an azea designated or pending designation as an Historic and
Cultural Landmazks District;
(3) New construction on real property which is located in an azea designated or
pending designation as an Historic and Cultural Landmarks District or on land
necessary for access to and use of a structure designated or pending designation
as Highly Significant Endangered or Historic and Cultural Landmazk; or
(4) Material changes in any doors, roofs, windows, stonework, woodwork, light fix-
tures, signs, sidewalks, fences, steps, paving and/or other exterior elements
visible from a public right-of-way which affect the appeazance and compatibility
of any structure or property designated or pending designation as Highly Signifi-
cant Endangered or Historic and Cultural Landmazk or located in an azea
designated or pending designation as an Historic and Cultural Landmazks
District.
B. Certificate of Appropriateness Not Required for Ordinary Repairs
No Certificate of Appropriateness is required for ordinary repair and maintenance of any
struchue or property if the proposed work does not involve a change in material,
configuration or outwazd appeazance. In-kind replacement or repair is considered to be
ordinary repair and maintenance. Requests for permits for repair or maintenance of a
strucxure or property which is designated or pending designation as Highly Significant
Endangered or Historic and Cultural Landmazk or which is located in an azea designated
or pending designation as an Historic and Cultural Landmarks District shall be reviewed
and approved by the Historic Preservation Officer prior to issuance of the permits in
order to determine whether a Certificate of Appropriateness is required.
27
C. Other Permits Required
The Certificate of Appropriateness required by this Section shall be in addition to any
other permit or approval required by state or federal law A Certificate of Appropriate-
ness, 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
x, Worth.
~~~
D Limitation of Term of Certificate
The Landmazks Commission may limit the term for which a Certificate of Appropriate-
ness is valid.
2 Application Procedure for Certificate of Appropriateness,
Prior to the commencement of demolition, relocation, repair, reconstruction,or any other work
requiring a Certificate of Appropriateness, the property owner shall file an application for a
Certificate of Appropriateness with the Historic Preservation Officer. The application will not
be accepted until the application is determined by the Historic Preservation Officer to be complete
and correct. The application shall contain the following information, any of which may be
waived by the Historic Preservation Officer
A. name, address and telephone number of the owner(s);
B. address and legal description of the property;
C. site plan showing the location of the structure or property;
D photographs of all four elevations of the structure or property and adjacent structures or
property;
E. detailed description of the proposed work (not applicable to demolition or relocation);
F elevation drawings of the proposed changes, if applicable;
G samples of, or appropriate information concerning, materials to be used (not applicable
to demolition or relocation);
H. rationale for why the structure or property is no longer historically, culturally,
azchitecturally or archeologically significant or proof of economic hazdship, if applicable;
I. rationale for why the proposed change is compatible with designation as Highly
Significant Endangered or Historical and Cultural Landmazk;
J. any other information which the Landmarks Commission or staff dams reasonably nec-
essary to visualize and evaluate the proposed work; and
K. signature of the owner verifying that the application is complete and correct.
28
3 P~2cedure for Issuance of Certificate of Appropriateness for Demolition or Relocation
A. Landmarks Commission Hearing
The Landmarks Commission shall conduct a heazing concerning an application for a
Certificate of Appropriateness for demolition or relocation within 45 days after the appli-
cation is filed, or as soon thereafter as is reasonably practicable. The Landmazks
Commission may delay the hearing for a reasonable time if the Commission finds that
all parties who have an interest in the structure or property aze not present or that
additional information is needed by the Commission in order to evaluate the application.
B. Erection of Sims Concerning Proposed Demolition or Relocation
r•
The City Manager or his designee shall direct the erection of at least one sign upon each
property for which an application has been filed seeking a Certificate of Appropriateness
for demolition or relocation of a structure or property. Where possible, such sign or
signs shall be located in a conspicuous place or places upon such property at a point or
points nearest any right-of--way, street, roadway or public thoroughfare abutting such
property Such sign or signs shall be so erected not less than ten days before the date
set for public heazing before the Landmarks Commission. All such signs shall be
removed subsequent to the withdrawal of the application or final action on the application
by the Landmarks Commission or the City Council, on appeal. Such sign or signs shall
substantially indicate that an application is pending for demolition or relocation of the
structure and shall further set forth that additional information can be acquired by tele-
phoning the number indicated thereon. Such erection and/or the continued maintenance
of any such sign or signs shalt 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 such application. No sign shall be erected concerning
applications for Certificates of Appropriateness for work other than demolition or
relocation.
C. Testimony by Interested Parties
The owner and all persons or entities who have executed a purchase contract or option
contract for purchase of the property, or their representatives, shall appear at the hearing.
The owner, such potential buyers and all other. interested parties, including local
preservation groups, will be heazd concerning the proposed demolition or relocation.
The Commission may request evidence concerning plans for the development of the
Property
D Decision of Landmarks Commission
At the conclusion of the hearing, or as soon thereafter as is reasonably practicable, the
Landmarks Commission shall take one or more of the following actions:
(1) Issuance of Certificate of Ap~priateness for Demolition of Non- sentiat_ Ele-
ment: The Landmazks Commission shall issue a Certificate of Appropriateness
for demolition or relocation of property classified as aNon-Essential Element in
29
the design guidelines for an Historic and Cultural Landmazks District or property
designated Highly Significant Endangered or Historic and Cultural Landmark,
subject to compliance by the owner with such guidelines.
(2) ige•iance of Certificate of Appropriateness for Loss of Significance: The
~M, Landmarks Commission shall issue a Certificate of Appropriateness for demoli-
t: lion or relocation of property designated Highly Significant Endangered, Historic
. and Cultural Landmazk or Demolition Delay if the Commission finds that the
struchue or property is no longer historically, culturally, architecturally or
. archeologically significant. In making this determination, the Commission must
find that the owner has established by a preponderance of the evidence that the
structure. or property has undergone significant and irreversible changes which
have caused it to lose the historic, cultural, azchitecturai or azcheological signi-
ficance, qualities or features which qualified the structure or property for such
designation. Loss of significance is not grounds for issuance of a Certificate of
Appropriateness for demolition or relocation of structures or sites located in an
Historic and Cultural Landmazks District, unless the Landmarks Commission
finds that the district as a whole is no longer historically, culturally, azchitectural-
ly or azcheologicaily significant.
(3} Determination of Unreasonable Economic Hazdshin: If the Commission finds that
an owner of property designated Highly Significant Endangered or Historic and
Cultural Landmark 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 Cer-
tificate of Appropriateness is not issued for the proposed demolition or reloca-
tion. In addition, owners of property located in an azea designated ar pending
designation as an Historic and Cultural Landmarks District shall have the right
to introduce evidence to establish that the owner will suffer an unreasonable
economic hazdship 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 Subdivision E of this Article. If the
owner does not. establish that an unreasonable economic hazdship exists, the
Certificate of Appropriateness shall be denied. If the owner does establish that
an unreasonable economic hardship exists, the Landmazks Commission may delay
the issuance of a Certificate of Appropriateness for up to 180 days from the date
of the Landmarks Commission hearing.
(4) DelaXof Demolition of Demolition Delay Property: The Landmarks Commission
may not deny an application for a Certificate of Appropriateness for demolition
of property designated or pendwg designation as Demolition Delay. However,
the Certificate of Appropriateness may provide that issuance of a demolition
permit may be delayed for up to 180 days aRex submission of the application in
order to permit the Commission, City staff, local preservation groups and other
interested parties to explore alternatives to demolition or relocation with the
owner and persons or entities who have executed a purchase contract or option
contract for the purchase of the property, or their representatives. The delay
30
period, which shall not exceed 180 days, shall commence on the date on which
an application for a Certificate of Appropriateness is filed with the Historic
Preservation Officer In determining the length of any such delay, the
Commission shall consider whether delay of such Certificate of Appropriateness
will cause unreasonable economic hardship to the owner Notwithstanding any
other provisions of this Section 2-G to the contrary, in no event shall issuance
of a demolition permit for property designated or pending designation as
Demolition Delay be delayed for more than 180 days after submission of an
application for a Certificate of Appropriateness.
E. Cnncultation Concerning Alternatives During Delay Periods
During any period for which demolition has b°een delayed, the owner, all persons or
entities who have executed a sales contract or option contract for purchase of the property
and the developer, or their representatives, shall meet with the Landmazks Commission
and City staff, in consultation with local preservation groups and interested parties, in
order to explore any alternatives to demolition or relocation which may provide econom-
ically viable uses for the structure or property. The burden shall be on the City to rec-
ommend aplan to alleviate the unreasonable economic hazdship City staff shall assist
the Landmarks Commission and the owner by performing the studies required to develop
a viable alternative plan. Such plan may include, but is not limited to, property tax
relief, loans or grants from public or private resources, acquisition of the property by
purchase or eminent domain, building code modifications, changes in applicable zoning
ordinance provisions, including a transfer of development rights, or a vaziance from
provisions of the zoning ordinance, to allow reasonable beneficial use of the structure or
property At the end of any delay period, if a suitable alternative plan acceptable to the
owner has not been approved by the Landmazks Commission, the Commission shall issue
the Certificate of Appropriateness for demolition or relocation.
F Conditions for Issuance of Certificate of Appropriateness
As a condition for issuance of a Certificate of Appropriateness for demolition or
relocation of a site or structure designated or pending designation as Highly Significant
Endangered or Historic and Cultural Landmazk or located in an azea designated or
pending designation as an Historic and Cultural Landmazks District, the Landmarks
Commission may require the preparation of a salvage plan in accordance with Paragraph
6 below, documentation of the property in accordance with Paragraph 3G immediately
below and/or the preservation of trees, shrubs and other landscaping of substantial
significance. Such conditions shall be in compliance with all other City codes and
ordinances.
G Documentation Concerning Propgrties To Be Demolished or Relocated
(1) Documentation Required for Ali Highly iQnificant Endangered and Historic and
Cultural Landmarks: Unless the Landmazks 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
31
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:
V (a) Photographs of the structure, property or features to be demolished,
.,,.
(b) Written documentation of the azchitecture of the structure or property;
and
(c) Documentation that the site has been rezoned (e.g., "PD" Planned
Development), replatted, vaziances granted or that other development
requirements have been met.
(2) Additional Documentation Required for Certain. Highly Significant Properties•
Unless waived by the Landmarks Commission, in addition to the information
required above, 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 designated Highly Significant Endangered or any structure
designated Historic and Cultural Landmazk which was determined by the City
Council at the time of designation to comply with five or more of the criteria set
out in Subdivision B, Paragraph 2.
(a) Significant historical background of past owners and events in the
structure or on the property;
(b) Scale drawings of the floor plan;
(c) Scale drawings of the exterior elevation;
(d) Scale 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 which the Commission may deem. reasonably
necessary to record the proposed demolition or relocation, such as
documentation in accordance with the Historic American -Building Survey
(HAWS) or Historic American Engineering Record (HAER).
(3) Demolition Delaw Owners of property designated Demolition Delay who have
received a permit to demolish or relocate such property shall cooperate with City
staff to document such property prior to the demolition or relocation. Such
owners shall grant access to the property to City staff during reasonable business
hours in order to facilitate such documentation.
32
H. ExRiration of Demolition Permit
In the event that the owner of property designated Demolition Delay allows a valid
demolition permit to expire without demolishing the property, such 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 yeazs following expiration of such permit.
4 Procedure for Issuance of Certificate of Appropriateness for Work Other Than Demolition or
Relocation
A. Landmazks Commission Heazing
The Landmazks Commission shall conduct a heazing concerning the application for a
Certificate of Appropriateness for new construction, repairs, reconstruction, alteration,
addition, stabilization, restoration or rehabilitation of a structure or property designated
or pending designation as Highly .Significant Endangered or Historic and Cultural
Landmazk or located in an azea designated or pending designation as an Historic and
Cultural Landmarks District. Such public heazing shall be held within 45 days after the
application is filed, or as soon thereafter as is reasonably practicable. The Landmazks
Commission may delay the heazing for a reasonable time if the Commission finds that
all parties who have an interest in the structure or property are not present or that
additional information is needed by the Commission in order to evaluate such application.
B. Testimony by Interested Parties
The owner and all persons or entities who have executed a sales contract or an option
contract for the purchase of the property, or their representatives, shall appear at the
heazing. The owner, such potential buyers and all other interested parties, including local
preservation groups, will be heard concerning the proposed work.
C. Criteria for Issuance of Certificate of A~roRriateness
In considering the application, the Commission shall determine whether the proposed
work complies with the design guidelines for an Historic and Cultural Landmazks
District or individual property designated Historic and Cultural Landmazk or Highly
Significant Endangered. In addition, the Commission shall consider, where applicable,
the following criteria, which aze based on the Secretary of the Interior's Standazds for
Rehabilitation:
(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. Such use shall require
minimal change to the defining characteristics of the structure, property, site and
environment.
(2) The historic chazader 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.
33
(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.
(S~ Distinctive features, finishes and construction techniques or examples of
craftsmanship which chazacterize a structure or property shall be preserved with-
in the limits permitted by applicable codes and ordinances.
(~ Deteriorated historic features shalt be repaired rather thaw 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.
(~ Chemical or physical treatments, such as sandblasting, which cause damage to
historic materials shall not be used. The surface cleaning of structures, if ap-
propriate, shall be undertaken using the gentlest means possible.
(8) Significant azcheological 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 such district. In addition, 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. In the event that
a primary structure designated Highly Significant Endangered or Historic and
Cultural Landmark is demolished or removed, new construction on the site shall
not be required to comply with the design guidelines.
34
D Decision of Landmarks Commission
At the conclusion of the heazing, or as soon thereafter as is reasonably practicable, the
Landmazks Commission shall take one or more of the following actions
(1) Issuance of Certificate of Appropriateness. If the Landmazks Commission finds
that the proposed work will comply with the criteria listed in Paragraph 4C above
and applicable design guidelines, the Commission shall issue a Certificate of Ap-
propriateness for the work, with or without conditions.
(2) Relief from Certificate of Appropriateness Requirements: If the Landmazks
Commission refuses to issue the Certificate of Appropriateness on the ground that
the proposed work will not comply with the criteria listed in Paragraph 4C above
and any design guidelines for the property, the owner shall have the right to seek
deviations from the criteria and design guidelines form the Commission. In
order to be entitled to a deviation from the guidelines, the owner must prove by
a preponderance of the evidence that he will have no reasonable opportunity to
recover the cost of the proposed work if he is required to perform the work in
accordance with the criteria and the design guidelines. If the Commission finds
that the owner has failed to satisfy this burden of proof, the Certificate of
Appropriateness will be denied. If the Compassion finds that the owner would
have no reasonable opportunity to recover the cost of the proposed work if
performed in accordance with the criteria and the design guidelines, the
Commission may grant a deviation from the criteria and any applicable design
guidelines and may issue a Certificate of Appropriateness for the required work,
with or without conditions. In determining whether to grant such a deviation, the
Commission may consider the cost to perform the work in compliance with the
criteria and design guidelines, the value of 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 Section. The
Commission and City staff, in consultation with local preservation groups and
other interested parties, shall explore with the owner, or his representative, alter-
natives 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.
E. Ho Authority to Grant Variance or Special Exception
The Zoning Board of Adjustment shall not have jurisdiction to grant any vaziance or
special exception from the criteria listed in Pazagraph 4C or from design guidelines.
35
5 Public Safetv Hazards and Emergency .Securing Measures
A Emergency SecurinS of Property
The Code Enforcement Division may perform emergency measures in accordance with
City codes to secure any structure designated or pending designation in accordance with
E; this Section which constitutes a public safety hazazd. Such work shall be performed in
such manner as to minimize damage to the structure's historical and azchitectural
elements. A Certificate of Appropriateness is not required. The Superintendent of the
Code Enforcement Division shall give notice of such emergency securing measures to the
Historic Preservation Officer
B. Notice of Demolition ~j+ Cit~
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 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 SB. The Building Official
or the Superintendent of the Code Enforcement Division shall notify the Historic
Preservation Officer of the intent to demolish such structure. The 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 10 days from the date of the
notification to the Historic Preservation Officer, the Landmarks Commission fords that
no feasible plan for further protection of the structure or property has been developed,
a Certificate of Appropriateness shall be issued by the Landmarks Commission for
demolition of the structure or property When appropriate, the 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 strucxure or property
6 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 Landmarks Commission may prepare and submit
a salvage plan m the owner. Such plan may suggest salvage and preservation for reuse in res-
toration elsewhere, specified classes of building materials, architectural details, ornaments,
fixtures and the like. The 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 Landmarks Commission may reduce the
36
maximum 180 day delay period in consideration of compliance by the owner with a salvage plan.
7 Miscellaneous Provisions Concerning Issuance of Certificate of Apg_mgriateness
A. Written Decisions: All decisions of the Landmazks Commission and the City Council
on appeal shall be in writing. Such decisions shall state the findings of the Commission
and Council relating to the approval, denial or approval with conditions of the Certificate
of Appropriateness.
B Provision of Conies of Certificate of Appropriateness: The Historic Preservation Officer
shall provide copies of the decisions of the Landmarks Commission and any decisions of
the City Council to the applicants, the Building Official and the Superintendent of the
Code Enforcement Division.
8 Refiling of Application for Certificate of Appropriateness
When an application for Certificate of Appropriateness is denied by the Landmazks Commission,
or the City Council on appeal, or when the owner has withdrawn an application after the
application has been scheduled for hearing, no new application of like nature shall be accepted
by the City or scheduled for a heazing by the Landmazks 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 eazlier consideration of the
application, the Landmarks Commission may waive the mandatory delay period and authorize the
acceptance of a new application.
9 Enforcement
All work performed pursuant to a Certificate of Appropriateness shall conform to any require-
ments 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
Landmarks Commission and verification by the Building Official, the Building Official shall issue
a stop-work order and all work shall immediately cease. No further work shall be undertaken
on a project while astop-work order is in effect.
SUBDIVISION E. UNREASONABLE ECONOMIC HARDSHIP
Declazation of Unreasonable Economic Hazdship
The Landmarks Commission may declare that an unreasonable economic hazdship exists as a
basis for:
A. Recommending removal of the Highly Significant Endangered, Historic and Cultural
Landmark, Historic and Cultural Landmarks District or Demolition Delay designation;
and
37
B. 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.
2 Burden of Proof
When a claim of unreasonable economic hardship is made, the owner must prove by a
~' preponderance of the evidence that:
A. The owner cannot make reasonable beneficial use of or realize a reasonable rate of return
on a structure or site, regazdless of whether that return represents the most profitable
return possible, unless the Highly Significant Endangered, Historic and Cultural
Landmazk, Historic and Cultural Landmazks District or Demolition Delay designation,
as applicable, is removed or the proposed demolition or relocation is allowed,
B. 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
C. The owner has failed to find 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.
3 Unreasonable Economic Hazdship. Claim for Historic and Cultural Landmarks Districts
Owners of individual structures or sites located in an Historic and Cultural Landmarks District
aze entitled to a Certificate of Appropriateness for demolition or relocation upon proof of
unreasonable economic hazdship, however, an Historic and Cultural Landmazks 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.
4 Consultation and Search for Alternatives
The owner, persons or entities who have executed a sales contractor option contract for purchase
of the property, or their representatives, the Landmarks Commission, local preservation getups
and interested parties shall consult in good faith in a diligent effort to seek alternatives that will
eliminate the unreasonable economic hardship and preserve the structure or property
5 Affidavit of Hardship
As evidence that an unreasonable economic hardship exists, the owner may submit the following
information to the Landmarks Commission by affidavit:
38
A. For all structures and property•
(1) the past and current use of the structures and property;
(2) the name and legal status (e.g., partnership, corporation) of the owners;
(3) the original purchase price of the structures and property;
(4) the assessed value of the structures and property according to the two most recent
tax assessments,
(5~ the amount of real estate taxes on the structures and property for the previous
two years;
(~ the date of purchase or other acquisition of the structures and property;
('n 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,
(8) all appraisals obtained by the owner or applicant within the previous two years
in connection with the owner's purchase, fuiancing or ownership of the structures
and property;
(9) any listing of the structures and property for sale or rent, price asked and offers
received,
(10) any consideration given by the owner to profitable adaptive uses for the
structures and property;
(11) any replacement construction plans for proposed improvements on the site;
(12) 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
(13) the current fair market value of the structure and property as determined by a
qualified appraiser
B. For income producing structures and property:
(1) annual gross income from the structure and property for the previous two
years;
(Z) itemized operating and maintenance expenses for the previous two years; and
(3) annual cash flow, if any, for the previous two years.
39
C. In the event that the Landmazks Commission determines that any additional information
described above is necessary in order to evaluate whether an unreasonable economic
hardship exists, the Landmazks Commission shall notify the owner Failure by the owner
to submit such information to the Landmarks Commission within 15 days after receipt
of such notice, which time may be extended by the Landmarks Commission, will be
grounds for denial of the owner's claim of unreasonable economic hardship
SUBDIVISION F DEMOLTfION BY NEGLECT
1 Prevention of Demolition by Neglect of Exterior
No owner or person with an interest in real property. which is designated 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 azchitectural feature which would, in the judgment of the 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:
A. deterioration of exterior walls or other vertical supports;
B. deterioration of roofs or other horizontal members,
C. deterioration of exterior chimneys;
D deterioration or crumbling of exterior stucco or mortar;
E. ineffective waterproofing of exterior walls, roofs or foundations, including broken
windows or doors;
F deterioration of any exterior feature so as to create a hazardous cottdition which could
make demolition necessary for the public safety; or
G deterioration or removal of any unique exterior azchitecturai feature which would detract
from the original azchitecturai style.
2 Prevention of Demolition bx Ne lest of Interior
No owner or person with an interest in property which is designated 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 Landmarks
Commission, produces a detrimental effect upon the structural integrity of such structure or
property which could make demolition necessary for the public safety
40
SUBDIVISION G APPEAL, PENALTIES
Appeal to Citv Council
Any owner dissatisfied with any action of the Landmarks Commission, other than actions relating
to designation, which shall be heazd by the Landmazks Commission, the Zoning Commission and
the City Council in accordance with Subdivision B, Pazagraph 4, shall have the right to appeal
to the City Council 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. Such appeal
shall be a de novo heazing concerning the matter in question.. The City Council shall schedule
a heazing on such appeal within 30 days after receipt of the notice of appeal, or as soon thereafter
as is reasonably practicable. Notice of such heazing shall be published by the City Secretary in
the City's official newspaper not less than the fifteenth. day before the date of the hearing. At
the hearing, the owner and all interested parties, including local preservation groups, will have
the opportunity to be heard. The City Council shall uphold, reverse or modify the decision of
the Landmarks Commission within 30 days of the appeal heazing unless a continuance is agreed
to by the owner The City Council shall consider the same criteria and standard of review
considered by the Landmazks Commission.
2. Fing~
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 Five Hundred Dollars ($500 00)
for each offense. Each day that a violation is permitted to exist shall constitute a sepazate of-
fense.
3 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:
A. 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.
B. 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.
C. No pazking 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.
D The owner of the site shall maintain the site in a clean and orderly state and shall prop-
erly maintain all existing trees and landscaping on the site.
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When these restrictions become applicable to a particulaz 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 2 above.
4 Cumulative Remedies
The provisions of this Section shall apply in addition to other enforcement procedures or penalties
which are available at law or inequity, 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 Z
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.
SECTION 3
It is hereby declazed to be the intention of the City Council that the sections, pazagraphs,
sentences, clauses and phrases of this ordinance aze severable, and, if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, pazagraphs 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, pazagraph or section.
SECTION 4.
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
Five Hundred lJollazs (5500.00) for each offense. Each day that a violation is permitted to exist shall
constitute a sepazate offense.
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SECTION 5
All rights and remedies of the City of Fort Worth, Texas, aze expressly saved as to any and all
violations of the provisions of Ordinance No 3011 or any other ordinances affecting zoning which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same
shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this
ordinance in pamphlet form for general distribution among the public, and the operative provisions of
this ordinance as so published shall be admissible in evidence in all courts without further proof than fhe
production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth,
Texas.
SECTION 7
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption,
penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City
of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code.
SECTION 8.
This ordinance shall be in full force and -effect from and after its passage and publication as
required by law, and it is so ordained.
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APPROVED AS TO FORM AND LEGALITY
ity Attorney
Date: o?~ - 9 9S-
ADOPTED• o~ 3 ~ ~- 9 ~
EFFECTIVE.
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COMPREHENSIVE ZONING ORDINANCE
SECTION 2-G• HISTORICALLY, CULTURALLY, ARCHITECTURALLY AND
ARCHEOLOGICALLY SIGNIFICANT PROPERTIES
Subdivision A. General
1. Purpose and Intent 3
2. Definitions 4
3. Appointment of Historic Preservation Officer g
Subdivision B. Categories of Protection
1. Establishment of Categories g
2. General Criteria g
3. Criteria for Individual Categories 9
4. Procedures for Designation of Property 10
5. Procedure and Criteria for Removal of Designation 14
6. Adoption of Design Guidelines for Highly Significant
Endangered, Historic and Cultural Landmazks and
Historic and Cultural Landmazks Districts 16
7. Previously Designated "HC" Subdistricts and Historic and
Cultural Landmazk Overlay Districts 1 g
8. Relationship of Designations to Zoning lg
Subdivision C. Tax Incentives for Certain Significant Properties
1 Purpose 19
2. Tax Incentives for Properties Designated as Highly
Significant Endangered 19
3. Tax Incentives for Historic and Cultural Landmarks 21
4. Eligibility for Tax Incentives 22
5. Application for Tax Incentives 22
6. Consideration of Application for Tax Incentives 23
7. Verification of Completion of Project 24
8. Alteration or Destruction of Structure or Site 25
9. Monitoring System 26
10. Transferability of Tax Benefits 26
Subdivision D. Certificates of Appropriateness
1. Requirement of Certificate of Appropriateness 27
2. Application Procedure for Certificate of Appropriateness 2g
3 Procedure for Issuance of Certificate of Appropriateness
for Demolition or Relocation 29
4 Procedure for Issuance of Certificate of Appropriateness
for Work Other- Than Demolition or Relocation 33
5. Public Safety Hazards and Emergency Securing Measures 36
6. Salvage Plan 36
7 Miscellaneous Provisions Concerning Issuance of
Certificate of Appropriateness 37
8. Refiling of Application for Certificate of Appropriateness 37
9. Enforcement 37
Subdivision E. Unreasonable Economic Hardship
1. Declaration of Unreasonable Economic Hardship 37
2. Burden of Proof 38
3. Unreasonable Economic Hardship Claim for Historic and
Cultural Landmarks Districts 38
4. Consultation and Search for Alternatives 38
5. Affidavit of Hardship 38
Subdivision F. Demolition by Neglect
1 Prevention of Demolition by Neglect of Exterior 40
2. Prevention of Demolition by Neglect of Interior 40
Subdivision G. Appeal; Penalties
1. Appeal to City Council 41
2. Fines 41
3 Restrictions on Future Development 41
4. Cumulative Remedies 42