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HomeMy WebLinkAboutOrdinance 11293~~ .,~° ORDINANCE NO. AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE N0. 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), BY AMENDING SECTION 1, "DEFINITIONS"; BY AMENDING SECTION 2-G, "HC" HISTORIC AND CULTURAL LANDMARK SUBDISTRICT, TO DECLARE THE PURPOSE AND INTENT OF SECTION 2-G; TO PROVIDE DEFINI- TIONS; TO PROVIDE FOR THE APPOINTMENT OF A HISTORIC PRESERVATION OFFICER; TO PROVIDE FOR THE DESIGNATION OF "HC" HISTORIC AND CULTURAL LANDMARK OVERLAY DISTRICTS AND TO ESTABLISH USE, HEIGHT, AREA AND OTHER REGULATIONS FOR SUCH DISTRICTS; TO ESTABLISH CRITERIA FOR THE DESIG- NATION OF "HC" HISTORIC AND CULTURAL LANDMARK OVERLAY DISTRICTS; TO ESTABLISH A PROCESS, PROCEDURES AND CRITERIA FOR THE REMOVAL OF SUCH DESIGNATION; TO PROVIDE PARTIAL TAX EXEMPTIONS FOR CERTAIN HISTORICALLY SIGNIFI- CANT PROPERTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE;. PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Local Government Code, Chapter 211, autho- rizes the governing body of a municipality to adopt zoning regula- tions 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 architectural importance and significance, the governing body of a municipality may regulate the construc- tion, 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 si CtrY S~CR£~ARY Ff. WOR1~1, tEX. 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, but within such districts the zoning regula- tions must be uniform for each class or kind of building in a district, but the regulations may vary from district to district; and WHEREAS, the City Council of the City of Fort Worth recog- nizes the vital importance that its residents place on the preser- vation and maintenance of the municipality's unique historical, cultural and architectural heritage as evidenced by the many historic structures and properties, all of which maintain cultural and neighborhood identity while encouraging tourism and industry, which is a significant economic activity and source of revenue for the municipality and its residents; and WHEREAS, the City Council recognizes that the requirement of preserving the historical, cultural, architectural and archaeo- logical heritage of the municipality is necessary because changes increasingly threaten to destroy buildings, structures and areas having important historical, cultural, architectural, archaeo- logical and community values, which, when damaged or destroyed, cannot be replaced; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXASt 2 OFf1CtA! RECORD City S~CRfTARY ET. WORTH, TEX. SECTION 1. That Section 1, "Definitions", of the Comprehensive Zoning Ordinance (Appendix "A" of the Code of the City of Fort Worth) is hereby amended by repealing the definition of the term "Historic and Cultural Landmark Subdistrict" in Section 1 and by deleting the definition of such term frost the Section. SECTION 2. That Section 2-G, "HC" Historic and Cultural Landmark Subdistrict, of the Comprehensive Zoning Ordinance (Appendix "A" of the Code of the City of Fort Worth) is hereby amended to read as follows: Sec. 2-G. "HC" HISTORIC AND CULTURAL LANDMARK OVERLAY DISTRICT. SUBDIVISION A. GENERAL 1. Purpose and Intent As a matter of public policy, the protection, enhancement and perpetuation of landmarks or districts of historical, cultural, architectural or archeological importance and significance is 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 shaped the identity of generations of citizens, collectively and individually, and produced significant historical, cultural, architectural and archeological resources that constitute their heritage. The provi- sions of this section are intended to: a. protect, enhance and perpetuate landmarks and districts of historical, cultural, architec- tural or archeological importance which rep- resent or reflect distinctive and important elements of Fort Worth's historical, cul- tural, architectural, archeological, social, economic, ethnic and political heritage; b. foster civic pride by recognizing accomplish- ments of the past; 3 O~1CIA~ RECORD 1p~111 ~~w~b~ttia~i t i ~ ~ ~ X^' J! t < I ~~~{~, ti ~~ ~ c. protect and enhance the attractiveness of the City to tourists and visitors and to support and stimulate the economy; d. insure the harmonious, orderly and efficient growth and development of the City; e. promote the economic prosperity and welfare of the community; f. encourage the stabilization, restoration and improvement of property and property values; g. maintain a generally harmonious outward appearance of both historic and modern struc- tures which are compatible and complementary in scale, form, color, proportion, texture and material. 2. Definitions The following definitions shall apply only to this Section: APPURTENANCE: Any accessory or subordinate building, object or structure, including but not limited to fences, street furniture, fixtures, vending machines, fountains, public artworks or bicycle racks located in an "HC" Overlay District. ARCHEOLOGY: The science or study of the material remains of past life or activities and physical site, location or context in which they are found, as delineated in the Department of Interior's Archaeological Resources Protection Act of 1979. AREAS A specific geographic division of the City of Fort Worth. BUILDINGS Any structure used or intended for supporting or sheltering any use or occupancy. CONTRIBUTING RBSOiJRCB: A structure or property which in its historical, cultural, architectural or archeological character contributes to the purpose of an "_HC" Overlay District and which is classified as a Contributing Resource in the design guidelines for an "HC" Overlay District. CULTORAL RESOORCBS: Those resources which possess qualities of significance in American, Texan or Fort Worth history, culture, architecture and archeology present in districts, sites, structures, objec~s~and OfElCUt RECORD 4 cmr sECR~Ta~~ fT. WORTN, TEX. property that possess integrity of location, design, setting, materials, workmanship, congruency and associa- tion. DESIGN GUIDELINES: Guidelines that are adopted by the Landmarks Commission for an "HC" Overlay District to protect, perpetuate and enhance the historical, cul- tural, architectural or archeological character of a building, object, site or structure. DISTRICT: A geographically definable area, urban or rural, possessing a significant concentration, linkage or continuity of buildings, objects, sites or structures united by past events or aesthetically by plan or physi- cal development which may also comprise individual elements separated geographically but thematically linked by association or history. BFFECT: A change in the quality of the historical, cultural, architectural or archeological significance of a resource, or in the characteristics that qualify the resource as historically important. EFFECT, ADVERSB: A negative change in the quality of the historical, cultural, architectural or archeological significance of a resource, or in the characteristics that qualify the resource as historically important. "HC" HISTORIC AND CULTURAI, LANDMARK OVERLAY DISTRICTS An area which includes one or more landmarks and is designated as a district in accordance with this Section 2-G; also referred to as "HC" Overlay District. May include both single and multiple structures or property with either single owner or multiple owners. HISTORIC FEATURBS: Those "character defining" architec- tural materials and features which give the exterior of a structure or property significance, including exterior materials and features of structures and property of all sizes, types, materials and treatments. HISTORIC PRESBRVATIONs 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 activ- ities. HISTORIC PROPERTY: Full range of properties which are significant in history, pre-history, architecture, engineering, archaeology and culture, including prop- erties significant to the whole nation or those signifi- cant at the state, regional, or local level. ~.~ o~cu~ ~co~o CttY SECH£~ARY fT. WORTH, T~(. 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 person- age, act or event in history. Such structures or prop- erty should be preserved and restored to their histori- cal character and should be protected from modifications which detract from their historical significance. LANDMARKS COI~IISSION: The Historic and Cultural Landmarks Commission of the City of Fort Worth. NON-CONTRIBDTING RBSOURCB: A structure or property which, though within the boundaries of an "HC" Overlay District, does not contribute to the historical, cultural, architectural or archeological character thereof and which is classified as a Non-contributing Resource in the design guidelines for the "HC" Overlay District. Such designation is meant to provide greater latitude for utilization of the structure or property, but all modifications shall conform to the guidelines. NON-ESSENTIAL ELEHENT: A structure or property which, though within the boundaries of an "HC" Overlay District, lacks the basic characteristics of an Historic Property, could be demolished or relocated with little or no consequence to the historical, cultural, architec- tural or archeological character of the "HC" Overlay District and which is classified as a Non-essential Element in the design guidelines for the "HC" Overlay Districts OB.7BCT: A material thing of functional, aesthetic, historical, cultural, architectural or archeological value that may be, by nature or design, movable yet related to a specific setting or environment. OCCOPANCY: The purpose for which a building or struc- ture, or part thereof, is used or intended to be used. PROPBRTY: Any site, object or material thing, including real property. RESOIIRCB: A source or collection of buildings, objects, sites, structures, or property that exemplify the cul- tural, social, economic, political, archeological or architectural history of the nation, state or City. r~ -, OFfICIAE RECOZO CITY SECR~'AOY FT. WORTi~, TEX. SECRETARY OP THS INTERIOR'S STANDARDS FOR REHABILITA- TION: The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. SITE: The location of a significant event, a pre- historic or historic occupation or activity, or a building, structure or cluster of buildings or struc- tures, whether standing, ruined or vanished, where the location itself maintains historical or archeological value regardless of the value of any existing structure. STRtJCTURS: Anything constructed or erected which requires location on the ground, or is attached to something having a location on the ground. 3. Appointanent of Historic Preservation Officer. a. The Director of Planning 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 Landmarks Commission on matters submitted to it. The Historic Preservation Officer shall also have the duties and responsibilities set forth in Chapter 7, Article % of the Fort Worth City Code. b. In addition to serving as representative of the Landmarks 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. c. If any building, object, site, structure or property is thought to be of historical, cultural, architectural or archeological significance, the Historic Preservation Officer, following an initial investigation, shall refer the matter to the Landmarks Commission for a detailed study, review and official determination of the historical, cultural, architectural or archeological status of the building, object, site, structure or property in accordance with the criteria and procedures established in this Section. pFFiCi-~, RECORD Cft~ SECR'ARY ~ F~. WORTH, TAX. SUBDIVISION 8. "HC" HISTORIC AND CULTURAL LANDMARK OVERLAY DISTRICTS 1. Zoning Regulations a. Designation. The purpose of the Historic and Cultural Landmark Overlay District ("HC" Overlay District) is to provide for the protection and preservation of places, buildings, objects, sites, structures and property which are of historic, cultural, architectural or archeological significance to the City of Fort 6~lorth, the State of Texas or the United States. The City Council may designate by zoning ordinance such places, buildings, objects, sites, structures and property as "HC" Overlay Districts. b. Use. Designation by the City Council of an "HC" Overlay District is intended to supplement the primary underlying zoning district clas- sification. The permitted uses of the prop- erty shall be determined and controlled by the use regulations set forth for the primary zoning district classification for the prop- erty. c. Height and Area. The height of buildings and structures and the minimum dimensions of lots and yards shall be determined by the regulations set forth for the underlying, primary zoning dis- trict classification except where more restrictive height and area regulations are specified in design guidelines adopted by the Landmarks Commission. d. Other Regulations. 1) The development and use of places, buildings, objects, sites, structures and property in an "HC" Overlay District is subject to any and all applicable regulations in the Zoning Ordinance. 2) If there is any conflict between the regulations applicable to the "HC" Overlay District, and any ~ OfFICiAt RECORD 8 c~ S~CR~TaRY ~r. woRro, ~~t. sions of the Zoning Ordinance, in the absence of a specific directive, the most restrictive regulation shall apply. 3) The provisions of this Section shall apply to the places, buildings, objects, sites, structures or property owned by the City, a school district or county. 2. Criteria for Desictnation. Places, buildings, objects, sites, structures or properties of significance to the City, State or nation may be designated as an "HC" Overlay District, either individually or collectively, if they meet one or more of the following criteria: a. Is distinctive in character, interest or value as part of the development, heritage or cultural characteristics of the City of Fort Worth, State of Texas or the United States. b. Is an important example of a particular architectural type or specimen that is typi- cal of the City of Fort Worth or an example of an architectural type or specimen that is unusual in the City of Fort Worth. c. Has been identified as the work of an impor- tant architect or master builder whose indi- vidual work has contributed to the develop- ment of the City of Fort Worth. d. Embodies elements of architectural design, detail, materials or craftsmanship which rep- resent a significant architectural innova- tion. e. Bears an important and significant relation- ship to other distinctive structures, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif. f. Possesses significant archeological value which has produced or can be expected to pro- duce data affecting theories of historic or prehistoric interest. g. Strongly exemplifies the cultural, economic, social, ethnic or historical heritage of the City of Fort worth, the State of Texas or the United States. 9 Of ~iCUt R~CORQ CiIY SECRETARY f T. WORTN, TES(. h. Is the site of a significant historic event. i. Is identified with a person or persons who significantly contributed to the culture and development of the City of Fort Worth, State of Texas or the United States. j. Represents a scenic, cultural, architectural or historic area wherein the location, erec- tion and maintenance of off-premise signs should be prohibited in accordance with the provisions of Section 17A, paragraph (H) of the Zoning Ordinance. k. Represents a resource, whether natural or man-made, which greatly contributes to the character or image of a defined neighborhood or community area. 1. Is designated as a Recorded Texas Historic Landmark, a State Archeological Landmark or is included on the National Register of Historic Places. m. is the site of trees, shrubs or other land- scaping which is of important historical or cultural value or significance to the City of Fort Worth, the State of Texas or the United States of America. n. Represents an important collection of prop- erties which exhibit a variety of architec- tural styles or high artistic values of craftsmanship. o. Is an area of historic properties that includes relatively few intrusions, Non-con- tributing Resources or Non-essential Elements that detract from the visual integrity of the area. p. Is a parcel of property within a larger area of historic properties that contributes to the overall character of the area, promotes the economic viability of the surroundings and offers protection against incompatible future modifications. 3. Process and Procedures for Designation. The process and procedures for designation of an "HC" Overlay District, are as follows: O~FICUI RECORD 1 o CtrY SECRf TARY fT. W4RTN, TEX. a. Application for designation of an "HC" Overlay District shall be submitted to the Historic Preservation Officer. The applica- tion can be made only by the property owner, or owners, the authorized representative of the property owner or owners, the Landmarks Commission or the City Councfl. ~1hen an application by multiple property owners for designation of an "HC" Overlay District includes more than one parcel, the applica- tion must have the concurrence of the owners representing at least fifty-one prreent (51~) of the property to be located within the boundaries of the proposed "HC" Overlay District. No application fee shall be required. Once a complete application has been accepted and filed by the Historic Preservation Officer, all permits for con- struction, repairs, alterations, additions, stabilization, restoration, rehabilitation, demolition or relocation of any building, object or structure on the property shall be subject to the Certificate of Appropriateness requirements contained in Chapter 7, Article R, of the Fort Worth City Code unless the proposed "HC" Overlay District designa- tion is denied. b. The owner or owners of property in a proposed "HC" Overlay District shall be notified in writing at least 10 days prior to the Landmarks Commission hearing on the proposed designation. The most recently approved municipal tax roll showing the name and address of the owner shall be used for this purpose. The written notice shall contain a form on which the owner may explain the reason why the application for designation should be approved or denied. The Landmarks Commission shall give notice and conduct a public hearing on the proposed designation within 45 days after acceptance by the Historic Preservation Officer of the application for designation, or as soon thereafter as is reasonably practicable. At the Landmarks Commission's public hearing, 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, architectural or archeological importance of the structures or property in the proposed "HC" Overlay District. The Landmark,~~- o~cu~ R~coRo 11 CifY SCCR~'ARY ~`t. waRTH, t~. Commission shall make its recommendation to the Zoning Commission concerning the proposed designation within 30 days after the hearing on the proposed designation, or as soon thereafter as is reasonably practicable. c. Upon recommendation of the Landmarks Commission, the proposed designation of an "HC" Overlay District shall be submitted to the Zoning Commission. The Zoning Commission shall give notice and conduct its public hearing 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 hearing 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 recomanenda- tion to the City Council within 45 days after the hearing on the proposed designation, or as soon thereafter as is reasonably practi- cable. d. The City Couneil shall give notice and con- duct its hearing on the Landmarks Commission's recommendation concerning the proposed designation within 45 days of receipt of the recommendation of the Zoning Commission, or as soon thereafter as is rea- sonably 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 hearing, or as soon thereafter as is reasonably prac- ticable. e. In considering an application for designation of an "HC" Overlay District, the Landmarks Commission, Zoning Commission and City Council shall base their decisions on the criteria listed in Subdivision B, Paragraph 2, of this Section. No application for designation of an "HC" Overlay District shall be considered without the recommenda- tion of the Landmarks Commission being entered at the required public hearings of the Zoning Commission and City Council. Consideration of changes in "HC" Overlay District designations shall not depend on 12 OffIC1AL RECORD CttY SECRETARY ET. WORTH, TEX. questions relating to possible guidelines but shall consider only the criteria listed in Subdivision B, Paragraph 2. f. Upon designation of a place, building, object, site, structure or property as an "HC" Overlay District, the City Council shall cause the designation to be recorded on the official zoning maps of the City. All zoning maps shall indicate the designated "HC" Overlay Districts with the suffix "HC", in addition to the marks indicating the primary underlying zoning district classification. Record of such designation shall also be recorded in the official records of "'the county where the property is located. The applicant shall file the record and submit proof of such filing to the Historic Preservation Officer. 4. Process,. Procedures and Criteria for Removal of Designation a. An application for removal of the "HC" Overlay District designation shall be submit- ted to the Historic Preservation Officer. The application can be made only by the prop- erty owner or owners, the authorized repre- sentative of the property owner or owners, the Landmarks Commission or the City Council. The same procedure that is followed in desig- nation of an "HC" Overlay District, shall apply to removal of the designation, including approval of the City Council. When an application for removal of the "HC" Overlay District designation by multiple owners includes more than one parcel, the owner or owners of each parcel, or the repre- sentative of the owner or owners, must sign the application. b. The "HC" Overlay District designation may be removed for the following reasons: 1) It is determined that the places, build- ings, objects, sites, structures or property are no longer historically, culturally, architecturally or archeo- logically significant under the criteria listed in Subdivision B, Paragraph 2, of this Section; or 13 OF~tCiAL RECORD CITY SECRETARY FT. WORTH, TEX. 2) The property owner or owners have proved by clear and convincing evidence that such designation creates an unreasonable eeonomic hardship upon the owner or owners in accordance with the provisions of Chapter 7, Article R, Division 3, of the Code of the City of Fort Worth. c. In determining whether the "HC" Overlay District designation should be removed, the Landmarks Commission, Zoning Commission and City Council shall consider, in addition to the factors listed in Paragraph 4.b. above, that parcels of property within a larger "HC" Overlay District contribute to the overall character of the district, promote the economic viability of the surroundings and offer protection against incompatible future modifications. 5. Adoption of Design Guidelines for "HC" Over str a. When application is made for the designation of an "HC" Overlay District, the applicant shall submit with the application a set of proposed design guidelines following the principles set forth in the Secretary of the Interior's Standards for Rehabilitation. The guide- lines shall be prepared by the applieant with the assis- tance of the Historic Preservation Officer. The guide- lines shall be specifically for the "HC" Overlay District to be used by the property owner or owners and the City's administrative staff in implementing the intent and purpose of Section 2-G of the Zoning Ordinance. b. 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 "HC" Overlay District by the City Council. Copies of the approved guidelines shall be on file in the Department of Development and in the office of the Historic Preservation Officer. c. The guidelines will classify all structures and property within the district as one of the fol- lowing: 1) Landmark; 2) Contributing Resource; 3) Non-Contributing Resource; or 4) Non-essential Element. 14 OFf ICW. RECORD CITY SECRETARY E'C. WORTH, TEX. d. The guidelines shall establish significant physical characteristics for structures and properties and modifications thereto including layout and location on site, size, shape, materials and textures, and fenes- tration where applicable. e. The guidelines so established shall apply to any proposed addition, deletion, alteration or modif- ication to structures and sites within an "HC" Overlay District but shall not be imposed on those existing structures or properties, or portions thereof, not subjected to change. The guidelines so established shall also apply to any proposed new structure erected or placed in an "HC• Overlay District. f. In reviewing guidelines for approval, the Landmarks Commission shall avail itself of all informa- tion necessary from staff and other sources and shall be empowered to hold public hearings if needed. g. The Landmarks Commission may suspend action on any requests affecting an "HC" Overlay District pending the approval of these guidelines. District guidelines may be reviewed and modified by the Commission when requested by property owners, staff or other interested parties. Modifications to guidelines for any district may be promulgated by the Commission following the same procedures used during promulgation of the original guidelines. The Zoning Board of Adjustment shall not have jurisdiction to grant any variance or exception from district guidelines. h. Guidelines shall have the validity of any Commission ruling and' shall be so enforced by the enforcing authority. i. Invalidation of any portion of the guidelines shall not affect the validity of any other portion. 6. Previously Designated "HC" Subdistricts All places, buildings, objects, sites, structures or property heretofore designated by the City Council as "HC" Historic and Cultural Subdistricts under pre- existing provisions of the Zoning Ordinance shall be accorded the protection of property designated as an "HC" Overlay District under this Section and shall bear the appropriate mark in their zoning designation. OF~'ICtAL RECOgQ Cl~ S~CR~'~'ARY is ffi. WOR1H, B'EX. SUBDIVISION C. PARTIAL CITY TAX EXEMPTION FOR CERTAIN HISTORICAL PROPERTY 1. Partial tax exemption rogram. Any property which is designated as an "histor- ically significant site" pursuant to the terms of this Subdivision C and which is substantially renovated and/or restored as provided herein shall have an assessed value for City ad valorem tax purposes equal to the assessed value of the property for the tax year immediately prior to the renovation, for a period of ten (10) years following completion of the renovation. Only the historic structure and the land reasonably necessary for access to and use of the structure shall be subject to the City tax valuation freeze. The City tax valua- tion freeze period shall begin on the first day of the tax year following completion of the renovation project. 2. Eligibility. To be eligible for the City tax valuation freeze provided in this Subdivision C, the property must: a. Be zoned "HC" Overlay District in accordance with the requirements of the Zoning Ordinance and be designated as a historically signifi- cant site in need of City ad valorem tax relief to encourage its preservation pursuant to an ordinance adopted by the City Council; b. Be in need of renovation and/or restoration which equals or exceeds thirty (30) percent of the assessed value of the structure prior to renovation; c. Not have been granted a previous tax exemp- tion under this Subdivision C or under any predecessor ordinance provisions. The value of the renovation and/or restoration shall be determined according to the valuation of the permits issued by the City's Building Official through the Department of Development and/or proof of the actual expenditures. 3. Application process. Application for certification as an historically significant site for purposes of the City ad valorem tax exemption shall be filed with the Historic Preservation Officer in the Department of Planning and owth Management of the City of Fort Worth. Each appli "-' ~ ~~idt RECORD 16 ~ CITY SECRETARY f T. WORTH, TEX. shall be signed and sworn to by the owner of the prop- erty 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 affidavit by the owner describing the historical significance of the structure in need of City ad valorem tax relief and its compliance with the requirements of Paragraph 2 of this Subdivision C; d. Provide proof that taxes or other assessments are not delinquent on the property; e. Include a complete set of plans and/or docu- mentation for the renovation and/or restora- tion which have been approved by the Building Official and verify compliance with estab- lished guidelines; f. Include a statement of costs for the renova- tion and/or restoration; g. Include a projection of the estimated con- struction time and predicted completion date; h. Include a detailed statement of the proposed use of the property; i. Authorize members of the Landmarks Commission and officers of the City to visit and inspect the property proposed for certification in order to certify that the property in ques- tion is historically significant and in sub- stantial need of City ad valorem taa relief to encourage its preservation; j. Provide any additional information to the Commission which is necessary in determining eligibility or which the owner deems relevant or useful; k. Contain a written agreement to maintain the designated site in accordance with the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabili- tating Historic Buildings", applicable codes of the City of Fort North and the design guidelines for that structure for the dura- 1, ~ Off ICIAL Rf COR0 CITY SECRETARY fT. WORTN, TES. tion of the assessed valuation freeze for City ad valorem tax purposes. Each application shall contain sufficient documen- tation supporting the information submitted therein. 4. Certification process. a. Upon receipt of the sworn application, the Landmarks Commission shall make an investiga- tion of the property and shall certify the facts to the Historic Preservation Officer of the City of Fort Worth within 30 days along with the Commission's documentation and recommendation for approval or disapproval of the application for exemption. b. Upon receipt of the application for City ad valorem tax exemption as well as the recom- mendation of the Commission, the Historic Preservation Officer shall immediately for- ward the application to the City Council, which shall approve or disapprove eligibility of the property for City ad valorem tax relief pursuant to this Subdivision C. Approval or disapproval shall be provided in writing to the applicant. In determining eligibility, the City Council shall first determine that all the requirements of this Subdivision C have been met and that only the historic structure and the land reasonably necessary for access and use thereof is to be provided favorable tax relief as provided in Paragraphs 1 and 2 of this Subdivision C. After verification, as provided in Paragraph 5 of this Subdivision C, the City Council shall by ordinance designate the property as historically significant and entitled to the City ad valorem tax relief provided herein. c. No historical site shall be certified for tax relief purposes until the applicant files a commitment to repay to the City all City taxes previously exempted with interest if the owner is required to repay the taxes and interest for noncompliance with this Subdivision C as provided below. The commit- ment shall be filed in the Deed Records of the county where the site is located and shall run with the land and bind the owner and his heirs and assigns. Any unpaid repay- DFFIC~Al. RECORD is CIt1f SECR~'aRY FT. WORTH, TEX. ment shall constitute a lien against the property. d. The application for certification may be pro- cessed concurrently with the application for any certificate of appropriateness which may be required under Chapter 7, Article X, of the Fort Worth City Code. 5. Verification Process. Upon completion of the restoration and rehabilita- tion, the certified applicant shall submit a sworn statement of completion acknowledging that the "his- torically significant site" has been substantially renovated and/or restored as certified by the Commission. Such sworn certificate shall be accompanied by written documentation showing that all required inspections of the work have been performed by the Department of Development and, where applicable, that a Certificate of Occupancy has been issued for the site. The 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 that the renovation and/or restoration of the property has been completed as required for certification. If verification of completion shall be deemed unfavorable, the certified applicant shall be required to complete the renovation and/or restoration in order to secure the partial City ad valorem tax exemption provided herein. If the verification of completion is favorable, the Commission shall notify the Chief Appraiser of the Tarrant Appraisal District and the Tax Assessor- Collector of the City of Fort Worth in writing of com- pliance. Thereafter, the Tax Assessor-Collector of the City of Fort Worth shall provide the property with the partial City ad valorem tax exemption provided in Para- graph 1 of this Subdivision C. 6. Alteration or destruction. a. If the Landmarks Commission has reason to believe that a historically significant site benefittinq from this partial city tax exemp- tion program 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 assessed valuation freeze, the Commission shall request that the City Manager immediately cause the matter to be scheduled for the earliest possible con- sideration by the City Council, which shall be no later than 30 days after t e e,,,,_g d OFF1CdA~ RfCpRD 19 C6~ SECRFT~RY Fi: NrOR~D, t ~• violation has been noted. If, after giving notice and a hearing to the owner, the City Council determines that the historically sig- nificant site has been totally or partially destroyed or altered by the willful act or negligence of the owner or his representa- tive, 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 7 percent. b. Where an "historically significant site" is totally or partly destroyed or altered by other than the willful act or negligence of the owner or his representative, the owner shall, within 30 days, pursuant to Chapter 7, Article % of the Fort Worth City Code, apply for a Certificate of Appropriateness to auth- orize demolition or relocation when repair is not feasible, or apply for a Certificate of Appropriateness to authorize reconstruction of the historically significant site in accordance with the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings', the construction codes of the City of Fort Worth and the design guidelines for that structure. For good cause shown by the property owner, the Landmarks Commission is authorized to extend the time for filing of the application. The determination of whether reconstruction is feasible or demoli- tion should be allowed shall be made by the Landmarks Commission in accordance with the Certificate of Appropriateness criteria and procedures set forth in Chapter R, Article 7 of the Fort worth City Code. In cases where a Certificate of Appropriateness is issued for demolition or relocation as provided in this Paragraph b because renovation is not feasible, repayment of the tax revenues and interest is not required. c. The provisions of Paragraph b above shall not limit the authority of the Building Official or the Superintendent of the Code Enforcement Division to take action pursuant to Section 7-416 of the Fort Worth City Code concerning structures or property which con- stitute a public safety hazard. OFFICIAL RECORD zo CiTY SECRCT~RY FT. WORTH, TEX. ~,_ r~.. 7. Monitoring system. The status of designated historic sites which are taking advantage of this program will be monitored by the Historic Preservation Officer in conjunction with City inspectors on an annual basis during the period of the assessed valuation freeze to ensure continued com- pliance with the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" and the design guidelines for that site. Property owners will be notified of any viola- tions noted by the Historic Preservation Officer. If satisfactory corrective measures are not undertaken within the time specified in the letter of notification of violations, the Landmarks Commission shall initiate procedures to terminate the City tax exemption and require payment of the City taxes and interest. 8. Transferability of partial tax exemption. The benefits of this City ad valorem tax incentive program are transferable and run with the property. An historically significant site may take advantage of the tax incentive program only once. A copy of the certifi- cation must be filed by the property owner in the county deed records. Proof of such filing shall be presented to the Historic Preservation Officer. SECTION 3. That because Article IV, "Partial Tax Exemption for Certain Historically Significant Sites", of Chapter 32 of the Code of the City of Fort Worth (1986), as amended, has been recodified as Subdivision C, Section 2-G of the Comprehensive Zoning Ordinance (Appendix "A" of the Code of the City of Fort Worth), the said Article IV, Chapter 32, is hereby repealed; provided, however, that any tax exemptions previously granted under Article IV, Chapter 32, shall continue in effect under the provisions of Subdivision C, Section 2-G. OfFIC1At RE RpC p CITY SECRETARY 21 Fr• WORTH, TEX. r SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordi- nances and such Code are hereby repealed. SECTION 5. It fs hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sen- tence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. zz OEfICIAL RECO"0 CITY SECRETARY f T. WORTH, TEX. 1 SECTION 7. All rights and remedies of the City of Fort Worth, Texas, are 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 8. 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 provi- sions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 9. The City Secretary of the City of Fort Worth, Texas,' is hereby directed to publish the caption, penalty clause and effec- tive date of this ordinance for two (2j days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. Off1C1A[ R ~ pC~ CITY SECR~'~ARi' 23 ~• WORTH, i'E~(, , ~ -• SECTION 10. 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. APPROVED AS TO FO AND LEGALITY: City Attorney Date : ~" - ~ 5 - `~ 3 ADOPTED: ~ /~' qj EFFECTIVE:_ ~~- /`~ °~~~ oF~iCiA~ I~I:coao CITY SECRETARY 24 FT. WORTH, TES.