Sanger Downtown Area Committee 11-14-2002SANGER DOWNTOWN AREA COMMITTEE
THURSDAY, NOVEMBER 14, 2002
8:00 P.M.
1. Call Meeting to Order.
2. Review of the City of Sanger's Current Ordinances Relating to the Historic/Downtown
Areas,
3. Review of Ordinances from Other Cities.
4. Consider and Possible Action on the Proposed Changes to the City of Sanger
Ordinances,
5. Adjourn.
Rosalie Chavez, City Secretary-�'
1 �I `41ncq� w
Date and Time Posted
This facility is wheelchair accessible and accessible parking spaces are available. Requests for
accommodations or interpretive services must be made 48 hours prior to this meeting. Please
contact the City Secretary's office at (940) 458-7930 for further information.
DOWNTOWN AREA COMMITTEE
November 14, 2002
8:00 P.M.
HISTORICAL PRESERVATION ORDINANCE
WHEREAS, CH. 221 TEXAS LOCAL GOVERNMENT CODE, the Municipal Zoning Authority, specifically authorizes zoning
functions and procedures for municipalities; and
W HEREAS, CH. 22I TEXAS LOCAL GOVERNMENT CODE, Section 221.005 authorizes the governing body ofa municipality
to divide the municipality into districts, within which the governing body may regulate the erection, construction, reconstruction,
alteration, repair, or use of buildings, other structures, or land and within which zoning regulations must be uniform for each class or
kind of building in a district; however, zoning regulations may vary from district to district.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PHARR:
That the following Historical Preservation Ordinance is hereby adopted as part of the Comprehensive Plan, pursuant to CH. 21 I
TEXAS LOCAL GOVERNMENT CODE.
Section 1. Declaration of Policy &Purpose
The city council hereby finds and declaees as a matter of public policy that the protection, enhancement, preservation and use of
historic landmarks is a public necessity and is required in the interest ofthe culture, prosperity, education and general welfare of the
people. It is recognized that the City of Pharr represents the unique confluence of time and place that shaped the identity of
generations of citizens, collectively and individually, and produces significant historic, architectural, and cultural resources that
constitute their heritage. The purposes of this ordinance are:
(1) To protect, restore, enhance and perpetuate historic landmarks which represent or reflect distinctive and important
elements of the city's and state's architectural, cultural, social, economic, ethnic and political history and to develop
appropriate settings;
(2) To safeguard the city's historic and cultural heritage, as embodied and reflected in such historic landmarks by
appropriate regulations;
(3} To stabilize and improve property values in the vicinity by encouraging the most appropriate use of property and
landmarks;
(4) To foster civic pride in the beauty and accomplishments of the past;
(5) To protect and enhance the city's attractiveness and visual appearance to visitors and locals in order to support and
stimulate retail business and residential development;
(6) To strengthen and stimulate the local economy and promote the welfare of the city; and
(7) To promote the use of historic landmarks for the culture, prosperity, education and general welfare of the people of the
City and visitors to the city.
(8) To ensure the harmonious, orderly, efficient and integrated development of the City;
Section 2. Pharr Historical Commission.
General.
These provisions pertaining to the establishment of a H istorical Commission constitute a part ofthe Comprehensive Plan ofthe City.
A. Created.
(a) There is hereby created a Commission to be known as the Pharr Historical Commission of the city, hereinafter called
Commission', composed of a minimum of five (5) members appointed by the city council for a term of three (3) years with a
maximum of two (2) reappointments. These are possible representatives:
(1) A historian by trade, member of the County Historical Commission, if possible;
(2) A member at large of the citizenry interested in historic preservation;
(3) A member representative from the downtown advisory committee;
(4) A member of the local chapter ofthe American Institute of Architects, or any other chapter from the design m planning
profession;
(5) A member that is owner of a landmark, preferably within the City's historic district or any other historic district created
by this ordinance or any subsequent ordinance;
Ali members shall be residents of the City and should have a knowledge and experience in the architectural, cultural, social,
economic, ethnic or political history of the city. No one (1) business or professional interest shall constitute a majority membership
of the Commission.
(b) The normal term of►nembers ofthe Commission shall be three (3) years; however, half ofthe initial members shall serve two-
year terms, the other half, three-year terms. The respective two and three-year terms shall be determined by the drawing of lots.
Vacancies in an unexpired term shall be filled by the City Council for the remainder of the term.
(c) The City Council or the Commission itselfmay draw on the knowledge, experience and expertise ofany person in the community
by appointing such person to the Commission as a special advisor without voting privileges.
(d) The Commission shall meet at least every other month, with additional meetings upon call by the presiding officer of the
Commission or upon petition of a simple majority of the Commission members. A majority of appointed members present shall
constitute a quorum, and issues shall be decided by a simple majority vote of the members present and voting. The Commission
shall adopt appropriate rules and regulations for the conduct of its business and the election of its presiding officer and other officers
as prescribed by city charter and code. The minutes of each meeting shall be filed in the office of the city secretary.
(e) If a vacancy exists in the membership of the Commission the City Council shall promptly fill it.
B. Function.
The Commission shall be empowered to:
(a) Make recommendations for employment of staff, professional consultants and special advisors as necessary to carry out the
duties of the Commission
(b) The Commission shall thoroughly familiarize itself with buildings, structures, sites, districts, areas and lands within the city
which may be eligible for designation as historic landmarks and shalt prepare a `Preservation Plan which shall:
(1) Establish criteria to be used in determining whether certain buildings, structures, sites, districts, areas, lands and
other objects should be designated as historic landmarks;
(2) Establish guidelines to be used in determination of whether to grant or deny Certificates of Appropriateness for
historic designations, new construction, reconstruction, restorations, alterations, rehabilitation, removals,
relocations, demolitions, inclusion or exclusion of properties into' or from historic districts, or,;
(3) Formulate suggestions for private and public action which may state the role of various city agencies in the
preservation of historic landmarks;
(4) Suggest sources of funds for preservation and restoration activities and acquisitions, to include federal sources, state
sources, private and foundation sources, as well as municipal sources;
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(5) Recommend to the proper agencies incentives designed to encourage historic preservation.
(c) The Preservation Plan shall be presented to the Planning & Zoning Commission for consideration and recommendation to the
City Council for inclusion in the Comprehensive Plan of the city. Prior to presenting the Preservation Plan, or any amendment
thereto, to the P & Z Commission, the Commission shall hold a public hearing on the Preservation Plan or the amendment
thereto.
(d) Every year the Commission shall prepare and submit a report to the mayor to include a review ofthe Preservation Plan and the
state of preservation of designated historic landmarks and districts, and a summary of the work completed, including any
appropriate action taken on any amendments to the plan deemed necessary. The report shall become part of the Commission
minutes.
(e) The Commission shall recommend to the Planning &Zoning Commission ordinances designating certain buildings, structures,
sites, districts, areas and lands in the city as historic landmarks. The Commission shall hold a public hearing on all proposed
ordinances and the owner of any land included in the proposed ordinance shall be given at least ten (10) days' written notice of
the public hearing.
(f} I f the Commission finds that buildings, structures, sites, districts, lands or areas cannot be preserved without acquisition, the
Commission shall recommend to the City Council that a fee or a lesser interest of the property in question be acquired by gift,
devise, purchase or otherwise pursuant to the city charter and state of federal laws.
(g) The designation of an historic landmark may be amended or removed using the same procedure provided in this ordinance for
the original designation.
(I►) 'TI►e Commission shall provide information and counseling to owners of designated historic landmarks.
Notice.
Any notice required to be given under this article, if not actually delivered, shall be given by depositing the same in the United States
mail, postage prepaid, addressed to the person or entity to whom such notice is to be given, when required, to an owner or owners of
property. Such notice, delivered or mailed by certified or registered mail, may be addressed to such owner or owners who have
rendered their property for city taxes as the ownership appears on the last approved city tax roll.
Section 3. Designation of Historic Landmarks
General
These provisions pertaining to the designation of historic landmarks constitute a part of the Comprehensive Plan of the City.
As used here, the term `historic landmark' shall mean any building, structure, site, district, area or land of architectural, historical or
cultural importance or value, which the City Council determines shall be protected, enhanced and preserved in the interest of the
culture, prosperity, education and general welfare of the people.
A. Designation
'The Commission shall recommend to the P & Z Commission ordinances (see section 2(B)e for procedures) designating buildings,
structures, sites, districts, areas and lands in the city as historic landmarks and define, amend and delineate the boundaries thereof
called `districts'. Accordingly, the City Council shall authorize the Commission to issue a Certificate of Appropriateness within ten
(10) days effective the date on which the final ordinance is passed. Historic designations made by the City Council shall be in
addition to any other use designation established.
The same shall apply when an owner of a property requests that his/her property be designated as an historic landmark, or included
within a historic district. The owner shall submit the required application for a Certificate of Appropriateness to a building official.
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An historic landmark map shall be maintained in the office of the director of planning. The map shall reflect the designation of an
historic landmark or district. A copy of the map shall be immediately forwarded to the building official's office. All official zoning
maps of the City of Pharr should indicate the designated landmarks with an appropriate mark.
Upon designation of a building, object, site, structure as a historic landmark, the City Council shall cause the designation to be
recorded in the Official Public Records of Real Property of Hidalgo County, the tax records of the City of Pharr, and the Hidalgo
County Appraisal District.
�. Designation Criteria for Historic Landmarks and Districts
In making designations as set forth in this ordinance, the Commission shall consider, but shall not. be limited to, one (1) or more of
the following criteria:
(I) Character, interest, significance, exemplification, or value as part of the role in the development ofthe economic, social,
ethnic or historical heritage, or the cultural characteristics of the City, as well as those of the state of Texas or the United
States of America.
(2) Recognition as a recorded state historic landmark, a national historic landmark, or entered into the National Register of
Historic Places;
(3) Embodiment of distinguishing characteristics of an architectural type of specimen;
(4) Identification as the work of an architect or master builder whose individual work has influenced the development ofthe
city;
(S) Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant
architectural innovation;
(6) Relationship to other distinctive buildings, sites, or areas which are eligible for preservation according to a plan based on
architectural, historic or cultural motif;
(7) Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style;
(8) Location as the site of a significant historical event;
(9) Identification with a person or persons who significantly contributed to the culture and development of the city, state or
nation; and
(10) Value, as an aspect ofcommunity sentiment, public pride, local identity or humble origins of an established visual feature
that ►nay be ordinary or familiar, but which has acquired significance in its own right.
(C) Criteria for Approval of a Certii�cate of Appropriateness
(a) Prohibition. No person or entity shall carry out any construction, reconstruction, restoration, alteration, rehabilitation, relocation,
removal or demolition of any historic landmark, any property within a historic district, any exterior architectural feature of a
designated historic landmark, or a district's building, nor shall any person make any material change in the light fixtures, signs,
sidewalks, fences, paving, or other exterior elements visible from a public right-of-way which affect the appearance and
cohesiveness of any historic landmark or any property within a historic district, unless a Certificate of Appropriateness is granted.
As used in this article, the term "exterior architectural feature" shall include, but not be limited to, architectural style and general
arrangement of such portion of the exterior of a structure as is designed to be open to view from a public way.
(b) General. The Commission shall render a decision on the Certificate of Appropriateness within ninety (90) days after the date on
which the Commission's agenda is posted, except as provided for below. When considering applications for a Certificate of
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Appropriateness, the Commission shall consider several factors including, but not limited to: the purpose behind preserving the
structure as a historic landmark, the state of repair ofthe building, the reasonableness ofthe cost of restoration or repair, the existing
and/or potential usefulness ofthe building, including its economic usefulness, the character ofthe neighborhood, and all other factors
it finds appropriate.
(c) Guidelines. When reviewing applications for a Certificate of Appropriateness, the Commission shall be guided by any adopted
design guideline (e.g. Preservation Plan, and Architectural Standards), and where applicable, the following from The Secretary of
the Interior's Standards for Rehahilitation of Historic Buildings. Any adopted design guidelines and Secretary of the Interior's
Standards shall be made available to the property owners of historic landmarks or within historic districts.
(a) Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the
building, structure, object, or site and its environment.
(b) The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not
be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided
when possible.
(c) All buildings, structures, objects, and sites shall be recognized as products of their own time. Alterations that have no
historical basis and which seek to create an earlier appearance shall be discouraged.
(d) Changes which may have taken place in the course of time are evidence of the history and development of building,
structure, object, or site and its environment. These changes may have acquired significance in their own right, and
this significance shall be recognized and respected.
(e) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or
site shall be kept where possible.
(f) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement
is necessary, the new material should reflect the material being replaced in composition, design, color, texture, and
other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication
of features, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from other buildings or structures.
(g) The surface cleaning of structure shall be undertaken with the gentlest means possible. Sandblasting and other
cleaning methods that will damage the historic buildings materials shall not be undertaken.
(h) Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any
project.
(i) Contemporary design for alteration and addition to existing properties shall not be discouraged when such alteration
and additions do not destroy significant historical architectural, or cultural material, and such design is compatible
with the size, scale, color, material, and character of the property, neighborhood, or environment.
(j) Whenever possible, new additions or alterations to buildings, structures, objects, or sites shall be done in such a
manner that is such additions or alterations were to be removed in the future, the essential form and integrity of the
building, structure, object, or site would be unimpaired.
D. Procedures for Certificates of Appropriateness
(a) Application. Prior to the commencement of any work requiring a Certificate of Appropriateness t}re owner shall file an
application for such certificate with the Commission. The Certificate of Appropriateness required by this ordinance shall be in
addition to and not in lieu of any building permit that may be required by any other ordinance of the City. The application shall
contain:
1. Name, address, telephone number of applicant, detailed description ofthe nature, character, and reason for the
proposed work.
2. Location and historical photograph (if any) of the property and adjacent properties.
3. Elevation drawings of the proposed changes, if available.
4. Samples of materials to be used.
5. If the proposal includes signs or lettering, a scale drawings showing the type of lettering to be used, all
dimensions and colors, adescription of materials to be used, method of illumination (if any), and a plan showing
the sign's location on the property.
6. Any other information which the Commission may deem necessary in order to visualize the proposed work.
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(b) 'Written OiWers'. From and after the date on which the presiding officer of the Commission by `written order' directs that any
building, structure, site or district within the City be placed upon the agenda for any special or regular meeting ofthe Commission or
any committee thereof for any purpose including, but not limited to consideration or discussion on whether or not same should be
designated an historic landmark and hence be issued a Certificate of Appropriateness, or from and after the date that the Commission
or the City Council thereof approves or recommends an ordinance, or a Preservation Plan or any amendment of any existing
Preservation Plan, or ordinance which embraces or includes same building, structure, or site within the city, whichever date first
occurs,
no building permit allowing the relocation, or the construction, reconstruction, restoration, alteration, rehabilitation, or
demolition of any exterior architectural feature of any building or structure then existing included or embraced in whole or in
part within the scope of such `written order' or such agenda or such Preservation Plan or such amendment thereof, as the case
may be, and no permit allowing the relocation, demolition or removal of all or any part of any such building or structure, may
be issued by any official of the city. Similarly, when building permits are neither sought nor required, no person or entity may
commence any work whatsoever on same building or structure upon the issuance of a `written order'.
It shall be the duty of the City and its officers to furnish the building official with a copy of such `written order' or such
Preservation Plan, ordinance or amendments thereof, as the case may be, as promptly after the preparation thereof as is practicable.
The failure to so furnish the building official with a copy or written notice thereof, however, shall not have the effect of validating
any permit whatsoever issued in ignorance of any such written order or agenda.
In any instance in which any such permit may not be required, it shall be the duty of the Commission and its officers to give
notice of any such `written order' or such Preservation Plan, ordinance or amendments thereof to the owner or owners of any
building or structure included within the scope thereof, which notice shall be deemed complete when actually given, orally or in
writing, to such owner or owners, or when written notice thereof is deposited in the United States mail, postage prepaid, certified or
registered, with return receipt requested, addressed to such owner or owners, whichever event first occurs.
No person or entity to whom such permit is issued or who, if no such permit is required, commences to construct,
reconstruct, significantly restore or alter, remove or demolish any exterior architectural feature of any such building or structure
without actual or constructive notice of any such `written order', or such Preservation Plan or amendment thereof, as the case may
be, as required by the provisions of this subsection, may be found guilty of misdemeanor as provided in this article, but each such
person or entity shall be amenable to the civil sanctions provided for by this article.
Any permit issued to any person or entity from or after the date of any such `written order', or the approval or
recommendation ofsuch Preservation Plan, ordinance or amendments thereof, as the case may be, shall be null, void and ofno force
or effect until the earliest of the two (2) events described below occur:
I. A final and binding Certificate of Appropriateness, asmay beappropriate, has been issued by the Commission;
2. The Commission fails to recommend that some part or all of such building or structure be designated an historic
landmark or be included within an historic landmark or within a Preservation Plan, ordinance or amendments
thereof within ninety (90) days following the posting date of the Commission's agenda.
(c) Procedure for building permits, or when building permits are not sought:
(I) When applying for a building permit for a designated historic landmark, including secondary buildings and landscape
features, the applicant shall submit the required application for a Certificate of Appropriateness to a building official. Any
applicant may appear at a regular or special meeting of the Commission before submitting an application and may also
consult with the Commission during the application review;
(2) When, for whatever reason, a building permit is not sought to perform significant alterations on the exterior of a designated
historic landmark including secondary buildings and landscape features, request for an application for a Certificate of
Appropriateness shall be submitted to a building official. Such certificate must be granted before such work may be
undertaken. Any applicant may appear at a regular or special meeting of the Commission before submitting an application
and may consult with the Commission during the application review;
(3) The Commission, upon ten (10) days' written notice to the applicant, shall hold a hearing on the application. Upon review
ofthe application, ifthe Commission finds the proposed work (i.e. restoration, eehabilitation, alteration, new construction,
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reconstruction) will (or will not) adversely affect any significant architectural or historical feature of the designated historic
landmark, and is (or is not) appropriate and consistent with the spirit and purposes of this article and with the Department
of the Interior Guidelines, it shall (or shall not) issue a Certificate of Appropriateness within ninety (90) days after the
posting date of the Commission's agenda, and the building official shall so advise the applicant. Any changes in the
application which are necessary to approval of same shall be included;
Similarly, the Commission shall (or shall not) issue a Certificate of Appropriateness for Removal, Demolition or
Relocation as may be appropriate, if it determines that the interest of preserving historical values, a structure should (or
should not) be demolished or removed, or relocated to another specified location.
If there is a desirable purpose to be served by preserving the structure, the Commission may, by majorityvote, defer
action to approve or disapprove the application in order to investigate alternatives to demolition, removal, relocation, or
other matters including ordinary maintenance, neglect or omission of repairs (see section 3D, subsection 1-3 below).
Action may be deferred for a specified period not to exceed 90 days beyond the initial 90-day period after the posting date
of the Commission's agenda.
After a decision is reached by the Commission disapproving an application for a Certificate of Appropriateness for
Removal, Relocation or Demolition, a resubmittal of application for such a certificate will not be accepted for additional
Bearings within a twelve-month period from the date of final decision.
(4) Ninety (90) day period. Ifno action has been taken by the Commission within ninety (90) days after the posting date ofthe
Commission's agenda, a Certificate of Appropriateness shall be deemed issued by the Commission, except when, (1), the
decision involves a Certificate of Appropriateness for Relocation, Removal, or Demolition, as prescribed above (see
subsections 3D, c3); and (2), when the Commission sends a written recommendation for review by the city planner, who
shall so advise the applicant (see section 3F below).
(5) No significant change shall be made in application for any building permit after issuance of a Certificate ofAppropriateness
without re -submittal to the Commission and approval thereof in the same manner as provided above.
(d) Ordinary repair or maintenance:
I. General. Ordinary repair or maintenance which does not involve significant changes to the exterior of architectural or
historic value, style or general design is exempt from the provisions of this section.
Designated historic landmarks shall be maintained to ensure the structural soundness of such landmark. Nothing in this
ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a historic
landmark which does not involve a change in design, material, or outward appearance. In -kind replacement or repair is included in
this definition or ordinary maintenance.
2. Neglect: No owner or person with an interest in real property designated as a landmark or included within an historic district
shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature
which would, in the judgment of the Commission, produce a detrimental effect upon the life and character of the property itself, and
the character of the historic district as a whole. Examples of such deterioration include:
i. Deterioration or exterior walls or other vertical supports.
ii. Deterioration of roof or other horizontal members.
iiL Deterioration of exterior chimneys.
iv. Deterioration or crumbling of exterior stucco or mortar.
v. Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors.
vi. Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is
necessary for the public safety.
3. Pr•oced:rre: If a building official and/or the Commission finds that there are reasonable grounds to believe that a designated
historic landmark is structurally unsound, the Commission shall issue a `written order', and notify the owner of record of the
designated historic landmark of such fact.
i. Upon the giving of ten (10) days' written notice to ttte owner of record of such designated historic landmark, the
Board of Adjustment shall hold a public hearing to determine if the designated historic building is structurally
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unsound or in imminent danger of becoming structurally unsound. The Board of Adjustment shall request a
report and consider recommendation from the Commission. The Commission's report may, as appropriate,
include evidence of omission of necessary repairs, and/or willful neglect, or evidence of hardship, etc.
ii. At the conclusion of the hearing, if the Board of Adjustment finds that the designated historic building is
structurally unsound or in danger of so becoming, the owner of record shall, within ninety (90) days of receipt of
such notice, satisfy the Board of Adjustment that reasonable necessary repairs to safeguard the structural
soundness of the landmark have been effected. A Certificate of Appropriateness shall be issued for that effect.
in. If the Board of Adjustment determines that the building is structurally unsound but there are valid reasons why
the owner cannot or should not undertake to safeguard the structural soundness of the building, it shall forward to
the Commission its recommendation, as to what action, if any, should be taken on the structure.
E. Appeals
Any applicant. or the owner of any property located within three hundred (300) feet of the site of any landmark who is agg�•ieved by a
ruling of the Commission, or the Board of Adjustment, concerning the same landmark under the provisions of this section may,
within sixty (30) days after the ruling of the Commission, appeal in writing to the City Secretary. The City Council shall give notice,
follow publication procedure, hold hearings, and make its decision in the same manner as provided in the zoning ordinance of the
City. The City Council may by a simple majority vote, uphold or overturn any ruling of the Commission made pursuant to this
ordinance.
F. Hardship Process
(1) After receiving written notification from the Commission of the disapproval of a Certificate ofAppropriateness, or where there
are conditions under which the required preservation of a historic landmark would cause undue hardship on the owner or owners, an
applicant may commence the hardship process within thirty (30) days.
Also, applications for a Certificate ofAppropriateness to include or exclude a property may be made when either continued
exclusion or inclusion of property within the district would render it an undue hardship for reasonable continuation in its present
exterior form.
In evaluating undue hardship, the Commission may request the owner to document the value, rents, returns, tax burden and/or
contracts, pertaining to the property, and other pertinent information it deems appropriate.
(2) When a claim of hardship is made due to the effect of this ordinance, the owner must prove that:
(a) the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable
return possible;
(b) no reasonable alternative use exists which allows the exterior of the building to remain in its original style.
(c) the property cannot be adapted for any other use, including land use, whether by the current owner or by a purchaser,
which would result in a reasonable return; and
(d) efforts to find a purchaser interested in acquiring the property and preserving it have failed.
(3) The applicant shall consult in good faith with the Commission, local preservation groups and interested parties in a diligent
effort to seek an alternative that will result in preservation of the property. Such efforts must be substantiated to the Commission.
(4) Within ninety (90) days after the posting date of the Commission's agenda, the Commission shall hold a public hearing on
the application, and issue a Certificate of Appropriateness, or, when land use changes are recommended, issue a `written
recommendation' for review by the city planner. The latter shall be governed generally by the City's zoning ordinance, and the
following shall apply:
(a) The Commission shall forward its written recommendation to the city planner with the request that a change of land use
be set in motion.
(b) The city planner shall give notice, follow publication procedure, hold hearings, and have the P & Z commission and the
City Council make their decision in the same manner as provided in the zoning ordinance of the City.
(c) The following specifications shall be taken by the applicant:
(i) He an application for change inland use, on a form provided by the City of Pharr, and the herein required
listing and pre -addressed, stamped envelopes with the city planner. On the date of filing, the proposed public
hearing date shall be set by the city planner. This date shall not be sooner than ten (10) working days after the
filing date.
(ii) Deliver to the city planner a listing of adjacent property owners; with their addresses, i.e., those property
owners whose property is within three hundred (300) feet of the requesting party's property.
(iii) Deliver to the city planner addressed, stamped envelopes for mailing to the herein above set forth adjacent
property owners. These envelopes shall contain at a minimum a completed notice of public hearing on a form
provided by the City of Pharr. Said form shall be completed by the requesting party.
(5) In the event the Commission does not act within ninety (90) days after the posting date of the Commission's agenda, a
Certificate of Appropriateness may be granted, except as provided in section 3 (D), subsection c(4) above.
(6) All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed
with the City clerk's office for public inspection. The Commission's decision shall state the reasons for granting or denying the
hardship application.
G. Enforcement
All work performed pursuant to a Certificate of Appropriateness issued under this ordinance shall conform to any requirements
included therein. It shall be the building official's duty to inspect periodically any such work to assure compliance. In the event
work is not being performed in accordance with the Certificate of Appropriateness, or upon notification of such fact by the
Commission and verification by its designated officer, said officer shall issue a stop work order and all work shall immediately
cease. No further work shall be undertaken on the project as long as a stop work is in effect.
H. Penalties
(1) It shall be unlawful to construct, reconstruct, significantly alter or restore, or demolish any building or structure in an historic
landmark designation in violation of the provisions of this article. The city, in addition to other remedies, may institute any
appropriate action or proceedings to prevent such unlawful construction, reconstruction, significant alteration or demolition,
to restrain, correct or abate such violation, to prevent any illegal act, business or maintenance in and about such premises,
including acquisition of the property.
(2) Any person violating any provision of this article shall be deemed guilty ofa separate offense for each day or portion thereof
during which any violation hereofis committed, continued or is permitted, and upon conviction ofany such violation, shall be
punishable by a fine not to exceed three hundred dollars ($300.00) per offense.
These provisions pertaining to the designation of historic district constitute a part of the Comprehensive Plan of the City.
A. Definition.
Districts which may be designated historic pursuant to section (3) ofthis ordinance, shall herein be referred to as historic districts
and shall mean geographically definable areas possessing significant concentration, linkage or continuity of buildings, structures,
sites, areas or lands which are united by architectural, historical, or cultural importance or significance. The Commission may
recommend the designation of a district to the City Council if it:
(a) Contains properties and an environment setting which meet one or more of the criteria for designation of a
historical landmark; and,
(b) Constitutes a distinct section of the City
B. 12estrictions.
All buildings or structures located within a designated historic district, whether individually designated historic or not, are subjectto
the regulations in this chapter. No person or entity shall construct, reconstruct, significantly alter, remove or demolish the exterior
features of such buildings or structures until a Certificate of Appropriateness has been granted by the Commission, and
subsequently, a corresponding permit issued by the building official.
C. Boundaries.
The boundaries of historic districts shall be drawn so as to include buildings, structures, sites, areas or lands which meet one (1) or
more of the criteria set out in section (3) herein or which directly affect or relate to such buildings, struchrres, sites, areas or lands
meeting one (1) or more of the criteria set out in section 3., provided that at least seventy-five (75) percent of the total structures
within the boundaries are of architectural, historical or cultural importance or value.
D. Establishment olT Historic Distract.
(a) Applications for a Certificate of Appropriateness to consider designation of a historic district shall be based upon architectural,
historical or cultural importance or value and accompanied by a report to the Commission containing the following information:
(1) A list of representative buildings, structures, sites, areas or lands of importance or value located within the proposed
district boundaries and a description of the particular importance or value of each representative building, structure, site,
10
area or land.
(2) A map showing the boundaries of the proposed historic district drawn to a scale of one (1) inch equals six hundred (600)
feet; and the location of each structure of importance or value identified by a number or letter designation.
(3) A photograph or photographs of each representative building, structure, site, area or land.
(4) A description of each representative building, structure, site, area or land showing the condition, color, and architectural
style of each; and
(a) Date of construction, if known;
(b) Builder or architect, if known;
(c) Chain of uses and ownership;
(d) Material;
(e) Construction technique;
(0 Recognition by state or national government as architecturally or historically significant, ifso designated.
(S) A description of the cultural importance or value of the representative building, structure, site, area or land , if
cultural importance is the basis of the application.
(6) Any proposed restrictions of activities on and uses of property within the proposed historic district.
(7) At such time that the proposed district is created, the above information is to be collected on each building,
structure, site, area, or land within the district indicated on the boundary map as being of importance or value.
(8) Consent in writing of seventy-five (75) percent or more of the landowners with property within the proposed
historic district.
(9) Consider the effect of the proposed district on existing and proposed utilities, streets and other public
improvements.
(b) Applications for a Certificate of Appropriateness to increase the boundaries of a historic district may be made if one �
or more of the following conditions are met.
(2) When buildings, structures, sites, areas or lands of importance or value are related to the district and are
requested by their owner for inclusion.
(3) When facts previously undisclosed to or unknown by the Commission are revealed which indicate that a
particular building or site is possessed of special architechiral, cultural or historic importance or value.
(c) Applications for a Certificate of Appropriateness to reduce the boundaries of an historic district may be made when one
(1) or more of the following conditions have been met:
(1) When it can be shown that a particular building, structure, site, area or land has no historic, architectural or
cultural importance or value to the viability of the district and where its location is such as not to detract from the
district by its exclusion.
(2) When exclusion of buildings, structures, sites, areas or lands is necessary for major new development that
would support either the architectural, historical, archaeological or cultural character or economic viability of the
district, provided such development does not detract from the district and the purposes of historic preservation.
(3) When it can be shown that no degradation of the district, either physical, archaeological, historical, architectural,
or cultural, will result from exclusion of property from the district.
(d) Applications for a Certificate of Appropriateness to include or exclude a property may be made when either continued
exclusion or inclusion of property within the district would render it an undue hardship for reasonable continuation in its
present exterior form.
F. Historic District Preservation Ordinance.
In evaluating applications for historic districts, the Commission shall consider section (3) on criteria for designation of
historical landmarks and districts of this ordinance. If the Commission recommends the establishment of an historic district
or districts, it shall cause to be prepared an historic district designation ordinance which shall contain, but shall not be limited
to, the following:
(1) A statement of purpose, setting forth the Commission's reasons for recommending designation of the district;
(2) A legal description of the boundaries of the district;
(3) Findings that support the criteria required in section (3) of this ordinanceif applicable, that establish the
particular importance or value of the district; ,
(4) Recommendations for the protection and preservation of the district referred to herein as the Preservation Plan.
F. Preservation Plan.
The Preservation Plan shall include but shall not be limited to the following:
(I) Classifrcation of uses. The Commission may examine the uses existing within the district in terms of their
individual and continued effect upon the character, safety, economic and physical impact of the district and may
recommend alterations in or additions to any existing regulations.
(2) Building code regulations. The Commission may review and recommend any amendments to the building
regulations it feels necessary to preserve the architectural and historic integrity and authenticity ofstructures within each
such district.
(3) Sigrr regulations. The Commission may recommend sign regulations for each such district concerning size,
location, type and construction it feels appropriate.
(4) Parking regulations. The Commission may review the parking regulations in existence in the district and
recommend any changes in numbers or location of on -street and off-street parking requirements it feels necessary
to enhance the district. It shall review the adequacy of parking facilities in or affecting the district and may offer
recommendations for such public and/or private parking lots, garages or structures it deems to be in the best overall
interest of the district.
(5) Architectural standards. As a guide for those seeking a Certificate of Appropriateness pursuant to section
(3), the Commission may, in keeping with the significant architectural, historic or cultural elements of each such
district, recommend regulations affecting the exterior of the building, including, but not limited to, the following:
a. Acceptable materials for new construction (e.g. stucco, masonry, metal and glass curtain);
b. Appropriate architectural character, scale and detail for new construction;
c. Acceptable appurtenances to new and existing structures such as gables, parapets, balconies and dormers;
d. Acceptable accessories on new or existing structures such as light fixtures, gas lights, canopies, exterior
carpentry, banners, flags and projections and fences, if any;
e. Acceptable textures and ornamentation such as paint colors and type, use of wood, stone, metal, plaster, plastics
and other manmade materials, use of shutters, wrought -iron, cast-iron, finishes of metal, colors of glass, such as
silver, gold, bronze, smoke, and other details or architectural ornamentation;
f. Such other building regulations which would have impact on either new or existing building such as writing, fire
12
walls, sprinklers, requirements for fire escapes, use of flammable materials, multiple entrances and exists, and
other exterior features;
g. For those properties which are sites,, lands, buildings, structures or vacant lots which are not of historical,
architectural or cultural importance or value, development or redevelopment shall be in accordance with the
historic district plan as to materials, scale and detail, appurtenances, textures, ornamentation and accessories, and
shall comply with existing regulations.
This ordinance shall be published after its passage and approval and shall take effect and be in force from and
after ten (10) days following such publication in the official newspaper.
13
APPROVED AND PASSED on first reading the
Commissioners of the City of Pharr, Texas.
ATTEST:
Mary Mufioz, City Clerk
APPROVED AND PASSED on second reading the
ATTEST:
Mary Muiioz, City Clerk
APPROVED AND PASSED on third reading the
ATTEST':
Mary Munoz, City Clerk
c: HistOrd
day of , 2001, by the Board of City
14
CITY OF PHARR
Ricardo Medina, Mayor
day of
CITY OF PHARR
Ricardo Medina, Mayor
CITY OF PHARR
Ricardo Medina, Mayor
2001.
200t.
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CODE OF ORDINANCES City of WI.CHITA FALLS,
June 4, 2002. (Supplement No.,3)
Chapter..62 HISTORIC PRESERVATION*
ARTICLE l._IN GENERAL
TEXAS Codified through Ord. No. 42-2002, enacted
Sec. 62-1. Purpose and declaration, of policy.
Sec. 62-1. Purpose and declaration of policy.
(a) The city council finds and declares as a matter of public policy that the protection and use of historic
landmarks is a public necessity and is required in the interest of the city's economic well-being and the
education, culture and general welfare of the people.
(b) The purposes of this chapter are to:
(1) Identify, provide protection for, and perpetuate historic landmarks which represent distinctive
and important elements of the city's, state's and nation's past, and develop appropriate settings for
them.
(2) Strengthen the economy of the city by stabilizing and improving property values.
(3) Protect and enhance the quality of neighborhoods.
(4) Protect and enhance the city's attraction to tourists and visitors, providing stimulus to
business and industry.
(5) Conserve resources and save on construction
(6) Reinforce community identity and foster civic pride in the appearance of the city and in the
accomplishments of the past.
(Code 1966, § 2-160.6)
Sec.62-2. Compliance.
The building code administrator shall regularly inspect the exterior of landmarks and any work on a
landmark and landmarks with pending designation status to ensure compliance with this chapter. If work is
performed without or contrary to this chapter, the building code administrator shall immediately stop any
work. Such order shall institute immediately an appropriate action or proceeding to prevent any further
unlawful action, and the unauthorized work must be corrected to meet conditions established by the
landmark commission. If the landmark's structural soundness and exterior preservation begins to
deteriorate from neglect, the building code administrator shall notify the landmark commission and proper
action shall be taken.
(Code 1966, § 2-160.7.6)
Sec. 62-3. Enforcement, legal procedure and penalties.
It shall be the duty of the city to enforce this chapter. Any person who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall be guilty
oI a class C misdemeanor offense punishable by a fine not to exceed $500.00. The imposition of one
penalty for any violation shall not excuse the violation nor permit it to continue, and each day that the
violation is maintained shall constitute a separate offense. The application of such penalty shall not be held
to prevent the enforced removal of prohibited conditions.
(Ord. No. 07-2001, §6, 1-2-2001)
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Sec.62-4. Fees.
Fees shall be established for this chapter as provided in article VI of chapter 2 of this Code in the
development fee ordinance adopted by the city council, which may from time to time adjust and revise the
fees established, without amending this chapter.
(Code 1966, § 2-160.7.8)
Sec. 62-5. Designated landmarks and districts.
The following are designated as city landmarks:
(1) A historic district, to be known as the Depot Square Historic District, is hereby established, to
consist of the following area:
Beginning at a point at the southeast corner of Fifth Street and Indiana Avenue, said point
also being the intersection of the east right-of-way line of Indiana Avenue and the south
right-of-way line of Fifth Street;
.Thence southerly along the east right-of-way line of Indiana Avenue to the southwest
corner of Lot 11, Block 139, original townsite;
Thence easterly along the south line of Lot 11, Block 139 to a point,
west line of a 25400t wide north -south alley in Block 139;
said point being the
Thence southerly along the west line of said alley, crossing Sixth Street and continuing in
Block 152 to a point, said point being the southeast corner of Lot 10, Block 152;
Thence westerly along the south line of Lot 10, Block 152 to a point of intersection with the
east right-of-way line of Indiana Avenue;
Thence southerly along said line crossing Seventh Street to a point of intersection with the
south right-of-way line of Seventh Street, said point also being the northwest corner of Lot
14, Block 163;
Thence easterly 75 feet along the north lot line of Lot 14 to a point in the north lot line of
Lot 14, Block 163;
Thence southerly 100 feet to a point in the south line of Lot 13, Block 163, said point being
75 feet east of the southwest corner of said lot;
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CODE OF ORDINANCES City of WICHITA FALLS, TEXAS Codified through Ord. No. 42-2002, enacted
June 4, 2002. (Supplement No. 3)
Chapter 62 HISTORIC PRESERVATION*
ARTICLE I, IN GENERAL
Sec. 62-7. Application for and, review of exterior alterations to landmarks.
Sec. 62-7. Application for and review of exterior alterations to landmarks.
(a) Application to the landmark commission shall be made prior to any alteration to the exterior of any
part of a landmark or prior to the construction, reconstruction, demolition, removal, or relocation, except
routine maintenance of any site within a designated historic district.
(b) The application shall be reviewed at a public hearing; and a decision for approval, continuance, or
disapproval shall be made within 30 days after review by the landmark commission. An application for
demolition, removal, or relocation must be accompanied by an application to remove the designation as a
landmark.
(c) After 30 days following the date of review of an application by the landmark commission, if no
decision has been rendered or any action taken by the landmark commission, approval shall be deemed
granted, and a building permit, if required, may be issued.
(d) Approval which has been granted under this section shall expire six months from the date of
issuance if authorized work has not begun and after one year if not completed. The landmark commission
may, however, renew an approval if application is made within 30 days of its expiration.
(e) Landmarks must be maintained to ensure their structural soundness and to ensure their exterior
preservation. Ordinary repair and maintenance is exempt from review by the landmark commission and
this section, as are emergency measures authorized by the building inspection division to protect the
health, safety, and public welfare. The term 'ordinary repair and maintenance" is defined as any work for
which a building permit is not required, where the purpose of the work is to correct any damage or
deterioration, and where such work will not noticeably change the exterior appearance of any part of the
landmark.
(f) An application shall be considered submitted when the landmark commission begins deliberations on
.the project. The need for additional information shall extend the application submittal period for an
additional 30 days. Should the information not be forthcoming during that period, the application shall be
considered null and void.
(Code 1966, § 2-160.7.3; Ord. No. 07-2001, § 21 1-2-2001)
Sec. 62-8. Local historic preservation officer.
(a) Creation. There is hereby appointed a local historic preservation officer for the city.
.(b) Appointment. The city manager shall appoint an existing, qualified city employee as the city local
historic preservation officer.
'(c) Functions.
(1) Serve as the local preservation contact and/or liaison for the city, the community, the state
historical commission, and the National Park Service.
(2) Submit copies of landmark commission meeting minutes and activities to the state historical
commission.
(3) Provide resource materials and information to all landmark commission members to better
assist them in their duties.
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(Ord. No. 90-2001, § 11 9-18-2001)
Secs.62-9--62-35. Reserved.
ARTICLE II. LANDMARK COMMISSION*
*Cross references: Boards, committees and commissions, § 2-101 et seq.
Sec. 62-36. Created; composition; qualifications; compensation.
.(a) There is created a landmark commission composed of nine members, each of whom shall be a city
resident, appointed by the city council.
(b) Of the nine members, one shall be a licensed real estate broker or appraiser, one shall be a member
of the planning and zoning commission, one shall be a member of the Wichita County Heritage Society,
one shall be a member from each or any historic district that shall either own property or reside within the
district, two shall be licensed or have expertise in the field of architecture, and three shall be members at -
large.
(c) All members should have knowledge and experience in one of the following categories: architectural,
economic, cultural, archaeological, or historical development of the city which prepares them for carrying
out their duties on the commission, and they shall serve without compensation.
(Code 1966, § 2-160.7.1(a); Ord. No. 07-2001, § 2, 1-2-2001)
Sec.62-37. Terms.
Appointments shall be for a term of three years, and thereafter until their successors are appointed.
(Code 1966, § 2-160.7.1(b); Ord. No. 07-2001, § 31 1-2-2001)
Sec.62-38. Proceedings.
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CODE OF ORDINANCES City of WICHITA FALLS,
June 4, 2002. (Supplernent No. 3)
Chapter 62 HISTORIC PRESERVATION
ARTICLE I. IN GENERAL
Sec. 62-6. Appeal.
Sec.62-6a Appeal.
TEXAS Codified through Ord. No. 42-2002, enacted
Any person who is aggrieved by a ruling or action of the landmark commission under this chapter may,
within 30 days after the ruling, appeal to the city council by filing written notice with the city clerk.
(Code 1966, § 2-160.7.5)
Sec. 62-7. Application for and review of exterior alterations to landmarks.
(a) Application to the landmark commission shall be made prior to any alteration to the exterior of any
part of a landmark or prior to the construction, reconstruction, demolition, removal, or relocation, except
routine maintenance of any site within a designated historic district.
(b) The application shall be reviewed at a public hearing; and a decision for approval, continuance, or
disapproval shall be made within 30 days after review by the landmark commission. An application for
demolition, removal, or relocation must be accompanied by an application to remove the designation as a
landmark.
(c) After 30 days following the date of review of an application by the landmark commission, if no
decision has been rendered or any action taken by the landmark commission, approval shall be deemed
granted, and a building permit, if required, may be issued.
(d) Approval which has been granted under this section shall expire six months from the date of
issuance if authorized work has not begun and after one year if not completed. The landmark commission
may, however, renew an approval if application is made within 30 days of its expiration.
(e) Landmarks must be maintained to ensure their structural soundness and to ensure their exterior
preservation. Ordinary repair and maintenance is exempt from review by the landmark commission and
this section, as are emergency measures authorized by the building inspection division to protect the
health, safety, and public welfare. The term 'ordinary repair and maintenance" is defined as any work for
which a building permit is not required, where the purpose of the work is to correct any damage or
deterioration, and where such work will not noticeably change the exterior appearance of any part of the
landmark.
(f) An application shall be considered submitted when the landmark commission begins deliberations on
.the project. The need for additional information shall extend the application submittal period for an
additional 30 days. Should the information not be forthcoming during that period, the application shall be
considered null and void.
(Code 1966, § 2-160.7.3; Ord, No. 07-2001, § 21 1-2-2001)
Sec. 62-8. Local historic preservation officer.
(a) Creation. There is hereby appointed a local historic preservation officer for the city.
.(b) Appointment. The city manager shall appoint an existing, qualified city employee as the city local
historic preservation officer.
(c) Functions.
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(1) Serve as the local preservation contact and/or liaison for the city, the community, the state
historical commission, and the National Park Service.
(2) Submit copies of landmark commission meeting minutes and activities to the state historical
commission.
(3) Provide resource materials and information to all landmark commission members to better
assist them in their duties.
(Ord. No. 90-2001, § 1, 9-18-2001)
Secs.62-9--62-35. Reserved.
ARTICLE II. LANDMARK COMMISSION*
*Cross references: Boards, committees and commissions, § 2-101 et seq.
Sec. 62-36. Created; composition; qualifications; compensation.
.(a) There is created a landmark commission composed of nine members, each of whom shall be a city
resident, appointed by the city council.
(b) Of the nine members, one shall be a licensed real estate broker or appraiser, one shall be a member
of the planning and zoning commission, one shall be a member of the Wichita County Heritage Society,
one shall be a member from each or any historic district that shall either own property or reside within the
district, two shall be licensed or have expertise in the field of architecture, and three shall be members at -
large.
(c) All members should have knowledge and experience in one of the following categories: architectural,
economicI cultural, archaeological, or historical development of the city which prepares them for carrying
out their duties on the commission, and they shall serve without compensation.
(Code 1966, § 2-160.7.1(a); Ord. No. 07-2001, § 23 1-2-2001)
Sec. 62-37. Terms.
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THE CODE OF CIVIL AND CRIMINAL ORDINANCES City of IRVING, TEXAS Codified through Ord. No.
7973, enacted March 21, 2002. (Supplement No. 19, Rev.) (Includes Supp. No. 15, Rev.)
Chapter 16D IRVING PRESERVATION AND REDEVELOPMENT BOARD
Chapter 16D IRVING PRESERVATION AND REDEVELOPMENT BOARD
§ 16D-1. Irving Preservation and Redevelopment Board.
(a) There is established the Irving Preservation and Redevelopment Board, which shall consist of
thirteen (13) voting members, but which shall be reduced to nine (9) voting members as provided in
subsection 16D-2(b)(4). The officers of the board shall consist of a chair, vice -chair and secretary. The
voting members of the board shall elect one (1) person from their group as chair, one (1) as vice -chair, and
one (1) as secretary.
(b) Ex officio nonvoting members of the board shall be:
One (1) representative from the Irving Economic Development Foundation;
One (1) representative from the Irving Chamber of Commerce;
One (1) representative from the Irving Downtown Association; and
One (1) representative from the Irving Heritage Society.
(Ord. No. 6147, § 11 7A6-92; Ord. No. 7187, § 1, 1-8-98; Ord. No. 7573, § 1, 11-18-99)
§ 16D-2. Same --Qualifications and appointment of members; term of office and
removal of members; vacancies.
.(a) Qualifications. All voting members of the board created by this chapter shall be citizens of the city.
"Citizen" means a resident of the City of Irving who is eligible to vote in city elections.
(b) Appointment of members; vacancies.
(1) All voting members of the board shall be appointed by the city
(2) Regular appointments shall be made on the date of the first official city council meeting in
November, and the expiration date of each term of office shall fall on the date of the first official city
council meeting in November during the year in which the term shall expire.
(3) Members of the board shall serve at the will of the city council and without compensation.
'Any voting member of the board may be removed from office by the city council for any cause
deemed by the city council as sufficient for removal or for no cause.
(4) The first four vacancies in the voting membership of the board shall not be filled by the city
council. As the vacancies occur, the four unfilled positions shall be deemed to be deleted
automatically from this chapter until the board consists of nine (9) voting members and four (4) ex
officio, nonvoting members.
(c) Term of office; nonvoting members.
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(1) All voting members of the board shall serve for a period of two (2) years, unless sooner
removed.
(2) The preservation and redevelopment board's nine (9) voting members shall each occupy a
place, such places being numbered 1, 21 31 41 51 61 71 8, and 9 respectively. The terms of office for
places 1, 31 5, and 7 shall expire on odd -numbered years and the terms of office for places 2, 41 61
and 8 shall expire on even -numbered years.
(3) The nonvoting ex officio members of the board shall be appointed by the Irving Preservation
and Redevelopment Board.
(4) Voting members of the Irving Preservation and Redevelopment Board shall serve no more
than three (3) full consecutive terms. When a member is appointed to complete a partial term, that
partial term shall not count in computing the three (3) full terms.
11-
18-99)
§ 16D-3. Same --Powers, duties and responsibilities.
.(a) The preservation and redevelopment board shall be responsible to the city council and shall have the
following powers, duties and responsibilities:
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THE CODE OF CIVIL AND CRIMINAL ORDINANCES City of IRVING, TEXAS Codified through Ord. No.
7973, enacted March 21, 2002. (Supplement No. 19, Rev.) (Includes Supp. No. 15, Rev.)
Chapter 16D IRVING PRESERVATION AND REDEVELOPMENT BOARD
§ 16D-3. Same --Powers, duties and responsibilities.
§ 16D-3. Same --Powers, duties and responsibilities.
.(a) The preservation and redevelopment board shall be responsible to the city council and shall have the
following powers, duties and responsibilities:
(1) Advise the city council and staff in all matters pertaining to preservation and redevelopment.
(2) Recommend for approval the annual budget, program of work and progress report for
presentation and adoption by city council.
(3) Monitor programs and progress of all preservation and redevelopment efforts including the
Irving Downtown Development Program and provide reports to the city council.
(4) Cooperate with other civic, historical, neighborhood and business groups on all projects and
programs pertaining to preservation and redevelopment efforts.
(5) Review and make recommendations as appropriate on all land use and zoning requests,
public works projects, parks projects and other projects, ordinances, and regulations specifically
concerning downtown Irving.
(6) Recommend any programs and projects conducive to the attainment of the board's purpose
and goals.
(7) To employ an executive director who shall be the chief administrator of the Irving
Preservation and Redevelopment Board and responsible for carrying out the policies of the Irving
Preservation and Redevelopment Board and who shall have the authority and responsibility to
employ and supervise a deputy executive director or equivalent and such other personnel as may
be necessary to carry out the policies of the board. In the event of the temporary inability of the
executive director to carry out his or her duties there shall be an acting executive director as
specified in the organizational chart or in the adopted policies. The employment of the executive
director and other personnel shall be at will and the director and employees shall be governed by
the rules, regulations and policies of the city governing noncivil service personnel, including, but
not limited to salary, personnel, and other policies. Employees below the level of executive director
may appeal personnel decisions to the city manager whose decision shall be final.
(8) Other duties as directed by city council.
(Ord. No. 6147, § 1, 7-16-92; Ord. No. 7187, § 1, 1-8-98;
11-18-99)
§ 16D-4. Budget appropriations to board; monthly statements; audit of
expenditures and project approval.
(a) The city council in the regular budget of the city may provide operating funds from the city's general
'fund or from the collection of hotel/motel occupancy tax only for such uses as allowed by law to the Irving
Preservation and Redevelopment Board.
.(b) The board shall prepare and submit two (2) budgets to the city council in the format directed by the
city council or its designee. The city council may amend the budgets at any time by its own actions.
(1) The first budget shall itemize any expenditures which use hotel occupancy tax funds. Said
funds shall be used only as allowed by law,
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(2) The second budget shall itemize any expenditures from the city's general fund.
(3) The funds in the two (2) budgets shall be kept entirely separate. Funds from one (1) budget
shall not be used for expenditures in the other budget.
(c) The board shall submit monthly statements to the city showing all expenditures and balances. The
director of financial services or his or her designee may audit the books and records of the board at any
time.
(d) Before funds are committed or expended, the city council must first approve the project.
(Ord. No. 6147, § 1, 7-16-92; Ord. No. 7187, § 1, 1-8-98; Ord. No. 7573, § 1, 11-18-99)
§ 16D-5. Reports by board; all funds to be deposited in city depository.
(a) The Irving Preservation and Redevelopment Board shall make financial reports as directed by either
the city council or the director of financial services, in the format set forth by the director of financial
services.
.(b) All funds within the control of the Irving Preservation and Redevelopment Board shall be deposited in
the city depository bank and invested pursuant to the terms of the city investment policy.
(Ord. No. 6147, § 1, 7-16-92; Ord. No. 7187, § 1, 1-8-98; Ord. No. 7573, § 1, 11-18-99)
§ 16D-6. Title to property purchased with funds.
The title to all property purchased shall be in the city.
(Ord. No. 6147, § 1, 7-16-92; Ord. No. 7187, § 1, 1-8-98; Ord. No. 7573, § 1, 11-18-99)
Chapter 16E PUBLIC ART PROGRAM*
*Editor's note: Ord. No. 7535, amended Chapter 16E in its entirety and redesignated the chapter as
"Public Art Program." Formerly Chapter 16E was entitled "Percent For Art Funding Program" and derived
from Ord. No. 7438, § 1, adopted Mar. 4, 1999.
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fart I ZONING ORDINANCE NO, 1144
Sec._52-32f, .Downtown development district.
Sec. 52-32f. Downtown development district.
(a) Purpose. This district is intended to establish a unique set of standards and guidelines to encourage
development and redevelopment of the historic Irving downtown and the surrounding area.
(b) Land use plan. The attached land use plan establishes four (4) specific subdistricts within the
downtown development district, as shown on the attached map. All development within the downtown
development district shall comply with the requirements of the specific subdistrict within which the property
is located. The land use plan is incorporated into this section and made a part hereof for all purposes as if
fully set out herein.
Editor's note --Said attached map is not set out but is on file with the City Clerk.
(1) Downtown pedestrian subdistrict.
Purpose. This area is intended to focus primarily on retail, restaurant and entertainment uses, and
to encourage pedestrian traffic.
a. Principal uses. The following uses shall be permitted as principal uses:
1. Any use permitted in a P-O professional office district or C-N neighborhood
commercial district, excluding pawn shops, tattoo parlors, gasoline service
stations, drive through only banking facilities, and drive through restaurants.
2. Motion picture theater within an enclosed building.
3. Residential uses above the first floor.
O
4. Sidewalk cafes, restaurants with covered or uncovered open air seating.
Indoor or outdoor commercial amusements, excluding bingo parlors.
Public or commercial parking garage, parking lot.
Public or private parks.
Museum.
b. Accessory uses. The following uses shall be permitted as accessory uses:
1. Private garage, provided that garages containing more than two (2) parking
spaces shall not face, or be located within twenty-five (25) feet of, Rock Island
Road, Main Street, Irving Boulevard or Second Street.
2. Provisions for parking of automobiles provided that such provisions within
sixty (60) feet of a developable lot in an R district shall be separated from said lot
by a blind fence or wall at least six (6) feet high.
3. Mechanical equipment no nearer than one hundred twenty (120) feet to any
developable lot in a single family district and either located so as not to be seen
frUM a public street or screened by a blind fence or wall to a maximum height of
six (6) feet. All roof -mounted equipment or other roof objects that rise above the
of line shall either be housed in an enclosed building of the same character as
the primary structures or be screened totally from view from any adjacent street.
^. Garbage storage screened on three sides with a masonry fence or wall and
no nearer than thirty (30) feet to any developable lot in a single family district.
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c. Parking regulations. Parking for uses allowed in this subdistrict shall be provided as
follows:
1. No off-street parking shall be required for retail, restaurant or office uses
located on the ground level. Commercial amusements shall provide parking either
on -site or within five hundred (500) feet of the subject property at a ratio of one (1)
space for each one hundred (100) square feet of floor area. Motion picture
theaters shall provide parking either on -site or within five hundred (500) feet of the
subject property a ratio of one (1) space for each ten (10) seats.
2. If off-street surface parking is provided, then it shall be screened from public
streets or parks by either solid landscape material, a masonry wall or a berm to a
minimum of thirty (30) inches in height, provided it does not block visibility from the
driveway.
3. Parking garages may not face on a public street, however, they may face a
public alley.
d. Area regulations. The following minimum shall be required:
1. Depth of required front yard: None, except that a principal building which
faces on Rock Island Road, Main Street, Irving Boulevard, or Second Street may
not be set back more than ten (10) feet.
4.
Depth of rear yard: None.
Width of side yard: None.
Width of lot: Twenty-five (25) feet.
Depth of lot: Fifty (50) fee+
.
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CODE 01= ORDINANCES City of FARMERS BRANCH, TEXAS Codified through Ord
March 4, 2002. (Supplement No. 1)
Chapter 2 ADMINISTRATION*
ARTICLE II, BOARDS,,COMM ITTEES, AND COMMISSIONS*
DIVISION 4, HISTORICAL PRESERVATION AND RESTORATION BOARD"
No. 2649, enacted
DIVISION 4. PRESERVATION AND RESTORATION BOARD*
*Cross references: Zoning, ch.
Sec. 2-101. Creation; composition; membership generally; removals.
There is hereby created a preservation and restoration board of the city. Such board shall
consist of seven regular members and two alternate members appointed by the city council. The alternate
members shall serve in the absence of one or more of the regular members when requested to do so by
the chairperson of the preservation and restoration board, or in his absence by the vice -
chairperson or designated chairperson. Each member shall be a resident citizen and a qualified voter of the
city. The regular and alternate members are required to attend all meetings of the board. Members of the
board may be removed from office by the city council for failure to attend three consecutive meetings of the
board without first being excused by the board.
(Ord. No. 1369, art. 11 § A, oil -16-1981; Ord. No. 1373A,2-3-
Sec. 2-102. Qualifications of members; terms of office; vacancies.
(a) The members of the preservation and restoration board shall be residents of the city, and
shall be appointed for staggered terms commencing as follows:
(1) Four members shall be appointed for initial terms of two
(2) Three members shall be appointed for initial terms of one
(b) All members shall subsequently be appointed for terms of two years, each commencing with the end
of the initial terms of each member. All initial terms shall commence upon appointment. Vacancies in the
board shall be filled by a majority vote of the entire city council, and such appointee is to serve for that
portion of the unexpired term remaining for the vacancy being filled.
(Ord. No. 1369, art. 11, § B, 11-16-1981; Ord. No. 1373A, § 1, 2-1-1982; Ord. No. 2653, § 1, 1-21-
Sec. 2-103. Removal from office.
The city council may, upon the affirmative vote of a majority of the entire city council, remove the members
of the board as provided for in section 2.09 of the city Charter. Any member who fails to attend three
consecutive meetings of the board, without being properly excused, will in fact have resigned from the
board. The term "being properly excused" will consist of contacting the board chairman in advance of
scheduled meeting. The board will then request the city council to appoint a replacement for the balance of
the unexpired term of such resigning member.
(Ord. No. 1369, art. 11, § C, 11-16-
Sec. 2-104. Organization; meetings; quorum; vote.
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The members of the preservation and restoration board shall organize and select their officers
and shall hold meetings at stated times on a monthly basis, and shall designate the time and place of such
meetings. The board shall adopt its own rules of procedure and shall keep a record of its proceedings. A
majority of the board should constitute a quorum for the transaction of business. The chairman of the board
shall vote only in case of a tie.
Sec. 2-105. Compensation; expenditures; debts.
The members of the preservation and restoration board shall serve without compensation, and
when it is deemed necessary by such board to incur any expenses in performing the duties assigned to it,
an estimate of such proposed expenses shall be submitted to the city council. No debts of any kind or any
character shall be made or incurred by the board, or anyone acting for such board, unless expenditures
have been specifically authorized by the city council prior to the time such obligations are incurred.
Sec. 2-106. Duties and responsibilities.
The preservation and restoration board is created to advise the city council on policies and
programs relative to the preservation and restoration sites. The board shall generally have the
following duties and responsibilities:
(1) Act in an advisory capacity to the city council in matters pertaining to restoration of buildings
and make recommendations to the city council regarding appropriate uses of the buildings, the
preservation and restoration sites, and funding for projects within the
preservation and restoration sites.
(2) Create and stimulate public interest in the preservation and restoration sites and
its programmed activities by the city.
(3) Prepare and submit an annual budget for the acquisition of items for display within
structures within the preservation and restoration sites.
(4) Make recommendations concerning the selection of outside consultants such as a historian
architect, a landscape architect and a curator.
(5) Make recommendations to the city council concerning the preservation and
restoration sites and its programs so that it is consistent with the city's overall park plan.
(6) Make periodic reports to the city council concerning the work of the board, and such special
reports as may be requested by the city council.
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CODE OF ORDINANCES City of FARMERS BRANCH, TEXAS Codified through Ord. No. 2649, enacted
March 4, 2002. (Supplement No. 1)
Chapter 2 ADMINISTRATION"
ARTICLE II. BOARDS, COMMITTEES, AND COMMISSIONS*
DIVISION 4, HISTORICAL PRESERVATION AND RESTORATION BOARD*
Sec. 2-106. Duties and responsibilities.
(7) Carry out and perform such other matters as the city council may deem beneficial to the
(8) Act in an advisory capacity to the city council in all matters pertaining to the
preservation and restoration sites.
Sec. 2-107.
preservation and restoration sites.
(a) preservation and restoration sites are those properties along Farmers Branch Creek and
Rawhide Creek, north and south of Farmers Branch Lane, west of Ford Road and acquired with funds
derived from the hotel/motel occupancy tax authorized by V.T.C.A., Tax Code § 351.001 et seq. These
properties are as follows:
(1) Wilson, approximately eight acres in size with 1856 Gilbert (stone) House and McKee
addition and large oak trees as features.
(2) Dodson, approximately eight acres with 1936 wood frame house, garage, and smoke house
and wooded area as features.
(3) Additional buildings include: 1840s Log Culture Area (log house and single crib barn); 1877
Farmers Branch Depot; 1890s Wooden Caboose; 1885 Queen Anne Victorian Cottager; 1891
Church; 1900 Farmers Branch School.
(4) Collins, approximately 1.4 acres in size with large trees as
(5) Ferguson, approximately 3.25 acres in size and very heavily wooded area as a
(b) This designation includes buildings and structures currently located on sites described in subsection
"(a) of this section and any structures that may be placed on such sites in the future and used for
purposes, such as a museum.
(Ord. No. 1369, art. I, § B, 11-16-
Sec. 2-108. Acceptance of material donations.
The preservation and restoration board, jointly with the city manager, or designated staff
representative, may accept donations that do not exceed $500.00, as long as such donation is free and
clear of any outstanding debt, undue maintenance or transportation cost.
(Ord. of 3-12-1984, §
Secs. 2-109--2-130.
DIVISION 5. METROCREST HOSPITAL AUTHORITY*
*Cross references: Streets, sidewalks and other public places, ch
.
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Lewisville: Code of Ordinances
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CODE OF ORDINANCES City of LEWISVI_LLE, TEXAS. Codified through Ord._ No..797-04-.00., enacted
April 15, 2002. (Supplement No. 12)
Chapter. ADMINISTRATION*
ARTICLE Ill. BOARDS, COMMITTEES, COMMISSIONS*
DIVISION 2. COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY COMMITTEE"
Sec. 2-55. Powers and duties.
(Ord. No. 2183-12-96, § 5, 12-16-
Sec..-56. Subcommittees.
(a) Appointment. The committee, by a majority vote of the quorum present at any regular or special
meeting, may appoint such members and citizens, as deemed necessary, to subcommittees to serve the
purpose of the committee.
(b) Termination. The subcommittees may be terminated in the same manner as they are
(Ord. No. 2183-12-96, § 6, 12-16-
DIVISION 3. OLD TOWN REVITALIZATION COMMITTEE*
*Editor's note: Ord. No. 2604-9-2000, §§ 1--6, adopted Sept. 18, 2000, did not specifically amend the
Code. Hence s inclusion as division 3, sections 2-57--2-62, was at the discretion of the editor.
Sec. 2-57. Old Town revitalization committee.
The Old Town revitalization committee shall consist of nine members appointed by the city council.
Members shall be appointed by places numbered 1 through 9. Places 1, 3, 5, 7, and 9 shall be appointed
odd -numbered years, and places 2, 4, 6, and 8 shall be appointed in the even -numbered years so that
memberships will be staggered. Terms of office will be for a period of two years, with terms expiring on
June 30th. Initially, places 1, 3, 5, 7, and 9 will be appointed to one-year terms; and places 2, 41 6, and 8
will be appointed to full two-year terms to maintain staggered positions.
(Ord. No. 2604-9-2000, § 1, 9-1 8-
Qualifications.
'(a) Members shall be quaed voters of the
'(b) Members shall serve without
(c) In the event of a vacancy, the city council shall appoint a member to serve for the unexpired term.
Any member may be removed by the city council for cause.
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(d) The nine members of the Old Town revitalization committee shall consist of two Old Town home
owners, two Old Town commercial property owners, one Old Town business owner, one architect, one civil
engineer, and two atdarge positions, with one of the at -large positions being a resident of another area of
the city.
(Ord. No. 2604-9-2000, § 2, 9-18-
Sec.2-59. Meetings.
(a) Regular meetings: The Old Town revitalization committee shall meet on a monthly
.(b) Special meetings: The Old Town revitalization committee shall meet for a special meeting if called by
the chairman or by written notice sent to the chairman or vice chairman by five members of the committee.
(c) A majority of the members shall constitute a
(d) City staff support to the committee will be as assigned by the city
(Ord. No. 2604-9-2000, § 3, 9-18-
Sec. 2-60. Officers.
The Old Town revitalization committee shall elect yearly the following
(1) Chairman: The chairman shall preside at all meetings, and shall perform such other duties as
usually pertain to his or her office or as may be instructed by the committee.
— (2) Vice-chairman: The vice-chairman shall perform the duties of the chairman in his or her
absence.
(Ord. No. 2604-9-2000, § 4, 9-18-
Sec. 2-61. Powers and duties of the committee.
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CODE City of FORT WORTH, TLXAS Codified through Ord. No. N15254, adopted Sept. 24, 2002.
(Supplement No. 47, Update 1)
APPENDIX A ZONING REGULATIONS*
CHAPTER 2, REVIEW BODIES
Sec. 2.102. Scenic preservation commission.
5. Designated area: An area that is designated as a local historic and cultural
landmarks district, conservation district, recorded Texas historic landmark or state archeological
landmark or is listed in the National Register of Historic Places,
6. Views and vistas: Dramatic views, horizon lines, urban scenes and
__7. Gateways: is a primary gateway to the
8. Connecting routes: Routes that connect scenic areas even though the route itself is of
marginal value.
9. Parks: City, state or federal parks and recreation areas or other areas that are maintained by
the city parks and community services department.
10. Natural features: represents an example of a natural feature
a. Streams,
c.
d.
Unusual
Recreational
Outstanding
(Ord. No. 13896, 10-12-
lakes and
geological
areas and
areas of natural
Sec. 2.103. Historic and cultural landmarks commission.
A. Creation and appointment.
1. There is hereby created the historic and cultural landmarks commission to be composed of
nine members who are qualified electors of the City of Fort Worth.
2. The city council shall appoint representatives who have demonstrated their civic interest,
general knowledge of the community, independent judgment and availability to prepare for and
attend meetings. Whenever feasible, five appointees should be practicing professionals from the
fields of architecture, landscape architecture, urban planning, real estate or law. The development
director, the planning director and the building official shall be ex officio, nonvoting members of the
historic and cultural landmarks commission.
3. All historic and cultural landmarks commission members, regardless of background, shall
have a known and demonstrated interest, competence or knowledge in historic preservation and
planning within the City of Fort Worth,
4. As nearly as is reasonably possible, the historic and cultural landmarks commission members
as a whole shall fairly represent the ethnic makeup of the City of Fort Worth.
B. Terms of office. Historic and cultural landmarks commission members shall serve for a term of two
years. Newly appointed members shall be installed at the first regular meeting after their appointment. The
members shall serve in places numbered 1 through 9. Members appointed in odd numbered places shall
serve terms which expire October 1 of odd -numbered years. Members appointed to even -numbered places
shall serve terms which expire on October 1 of even -numbered years,
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C. Organization. The chairman and vice chairman of the historic and cultural landmarks commission
shall be elected by and from the members of the historic and cultural landmarks commission. The historic
and cultural landmarks commission shall meet at least monthly if business requires. Special meetings may
be called at any time by the chairman or on the written request of any two historic and cultural landmarks
commission members.
D. Meetings and quorum. Five members of the historic and cultural landmarks commission shall
constitute a quorum for the conduct of business. Five affirmative votes shall be required to decide any
issue before the historic and cultural landmarks commission. The members of the historic and cultural
landmarks commission shall regularly attend the meetings and public hearings of the historic and cultural
landmarks commission and shall serve without compensation.
E. Attendance reports. Each month a report shall be submitted to the city council showing the
attendance of each member of the historic and cultural landmarks commission, with notation of members
who have been absent from three consecutive meetings.
'F. Powers and duties. The historic and cultural landmarks commission shall be empowered
1. Prepare rules and procedures as necessary to carry out the business of the historic and
cultural landmarks commission, which shall be ratified by the city council.
?. Create committees from among its membership to advise the historic and cultural landmarks
commission in carrying out the purposes of this zoning ordinance.
3. Administer the city's certified local government
a. Maintain written minutes which record all actions taken by the historic and cultural landmarks
commission and the reasons for such actions.
5. Increase public awareness of the value of historic, cultural, architectural and archeological
preservation by developing and participating in public education programs.
6. Conduct ongoing surveys to identify and list significant cultural, architectural and
archeological resources.
7. Make recommendations for the employment of professional consultants as necessary to carry
out the duties of the historic and cultural landmarks commission.
8. Maintain, revise and amend the historic resources
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COUE City of FORT WORTH, TEXAS Codified through Ord. No._15254, adopted Sept. 24, 2002.
(Supplement No. 47, Update.1)
APPENDIX A ZONING REGULATIONS*
CHAPTER 2, REVIEW BODIES
Sec, 2.103. Historic and cultural landmarks commission.
9. Initiate and/or consider nominations, hold hearings and recommend to the city council that
certain structures and property be designated as "highly significant endangered," "historic and
cultural landmark" or "demolition delay," or that an area containing two or more eligible structures
be designated as a "historic and cultural landmark district," or that such designations be removed,
in accordance with chapter 4, article 5.
10. Maintain a current list of historic structures designated in accordance with chapter 4, article
5.
11. Adopt, enforce and amend design guidelines for structures designated "highly significant
endangered" or "historic and cultural landmark" or located in a historic and cultural landmark
district.
12. Hold hearings and make decisions concerning the issuance of certificates of
appropriateness for demolition, relocation or other work on designated structures and, when
appropriate, recommend salvage plans in connection with such demolition, relocation or other
work, pursuant to chapter 4, article 5.
13. Review public works and public utility projects to be constructed on the premises of, or
immediately adjacent to, historic structures designated in accordance with chapter 4, article 5 and
make recommendations concerning whether they are appropriate to the character of the area.
14. Recommend enforcement actions to be taken against property owners who permit the
demolition by neglect of a designated historic structure or property, pursuant to chapter 4, article 5.
15. Designate two members of the historic and cultural landmarks commission to serve on the
scenic preservation commission pursuant to section 2.102.
16. Advise and consult with the owners of historically and architecturally significant
17. Propose incentive programs for rehabilitation of historically designated structures and
properties.
18. Review requests regarding participation in historic preservation economic incentive
programs and forward recommendations concerning such requests to the city council.
19. Make recommendations to the city council concerning the utilization of city, state, federal or
private funds to promote historic preservation in the city.
20. Recommend recognition of the owners of structures or property designated in accordance
with chapter 4, article 5 by means of certificates, plaques or markers.
21. Recommend to the city council that the city act as a conservator in the public interest
through mediation, arbitration or, in extreme cases, litigation.
22. Recommend to the city council that the city acquire a structure or property where its
preservation is essential to the purposes of chapter 4, article 5 and private preservation is not
feasible.
23. Recommend to the city council that the city accept the donation of preservation easements
and development rights as well as gifts for the purpose of historic preservation.
24. Administer the city's program of partial city tax exemptions for certain historically significant
sites.
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25. Exercise such other and further powers as may be conferred on the historic and cultural
landmarks commission by city codes or ordinances.
G. Preservation plan.
1. The historic and cultural landmarks commission shall adopt, in cooperation with the plan
commission, a preservation plan to be incorporated into the City of Fort Worth Comprehensive
Plan. The preservation plan shall include:
a. The historic resources survey, as amended and
Criteria to be used in identifying and prioritizing sites;
c. General description of forms and styles found in Fort
2. The plan will also include criteria for selecting and preserving structures and property. The
plan will also set forth priorities not only among various historic sites but also between conflicting
land use goals and shall include specific recommendations on how to resolve conflicts between
competing uses. The plan will recommend the coordination required with other departments and
other public and private groups to implement historic preservation.
3. The historic and cultural landmarks commission shall review the preservation plan every five
years. Revisions may be made to the plan at any time in accordance with the rules and policies of
the city.
H. Changes require commission recommendation. No changes shall be made to chapter 4, article 5 or
the preservation plan without the recommendation of the historic and cultural landmarks commission first
being entered at the required public hearings.
I. Commission interpretations and amplification. The historic and cultural landmarks commission is
empowered to interpret or amplify its design guidelines, policies, procedures and rules for the benefit of the
city's administrative staff, property owners or other interested parties.
(Ord. No. 13896, 10-12-
Sec. 2-104. Downtown design review board.
A. Creation and appointment. There is hereby created a downtown design review board, to be
composed of three qualified electors of the City of Fort Worth and three alternate members.
The board shall include one regular member and one alternate member from each of the following
categories: architect/design professional, downtown business owner/manager, and real estate
)rofessional. The alternate members shall serve when regular board members are unable to attend,
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CODE City of FORT WORTH, TEXAS Codified through Ord
(Supplement No. 47, Update 1)
APPENDIX A ZONING REGULATIONS'
CHAPTER 2. REVIEW BODIES
Sec. 2A04. Downtown design review board.
No. 15254, adopted Sept. 24, 2002,
B. Terms of ofirce. The members of the downtown design review board and alternates shall be identified
by place numbers one through six. The odd -numbered places shall expire on October 1 of each odd -
numbered year and the even -numbered places shall expire October 1 of each even -numbered year.
Members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms by no
member shall be appointed for a term in excess of two years.
2-19-
CHAPTER 3. REVIEW
ARTICLE 1. GENERAL
Sec. 3.100. Building permits.
All applications for building permits shall be accompanied by a drawing or plat, in duplicate, showing the lot
plan, the location of the building on the lot, accurate dimensions of building and lot and such other
information as may be necessary to provide for the enforcement of these regulations. A record of the
original copy of such applications and plats shall be kept in the development department and the duplicate
copy shall be at the building at all times during construction.
(Ord. No. 13896, 10-12-
Sec. 3.101. Certificate of occupancy.
No vacant land shall be occupied or used, except for agricultural uses, and no building hereafter erected,
reconstructed, altered or enlarged shall be occupied or used until a certificate of occupancy shall have
been issued by the development department in accordance with the building code.
(Ord. No. 13896, 10-12-
ARTICLE 2. ORDINANCE INTERPRETATION
Sec. 3.200. Request for interpretation.
A request for official interpretation of this zoning ordinance shall be filed with the board of adjustment in
accordance with the board of adjustment's established rules of procedure.
(Ord. No. 13896, 10-12-
Sec. 3.201. Fee required.
Every request shall be accompanied by the appropriate filing fee as provided in the schedule of fees and
charges contained in chapter 25 of the City Code. No fee shall be charged for requests filed upon
recommendation of the zoning commission, plan commission, board of adjustment or city council.
(Ord. No. 13896, 10-12-
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Sec.3.202. Notice.
A. Written notice. Written notice of all appeals seeking an interpretation of the zoning ordinance
concerning a specific property shall be given to owners of real property lying within 300 feet of the subject
property. Such notice shall be given not less than ten days before the date set for the hearing to all such
owners who have rendered their property for city taxes, as the ownership appears on the last approved city
tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the
United States Mail. When property lying within 300 feet of the subject property is located in territory which
was annexed to the city after the final date for making the renditions which are included on the last
approved city tax roll, at least 15 days notice of the time and place of the public hearing shall be published
in an official newspaper or a paper of general circulation in the city.
B. Published notice. Public notice of all appeals seeking an interpretation of the zoning ordinance, which
interpretation would apply throughout the city, shall be given by means of a legal advertisement appearing
in the official newspaper or a paper of general circulation not less than ten days before the hearing. The
notice shall identify the applicant, the nature of the question, and the affected provisions of the zoning
ordinance.
(Ord. No. 13896, 10-12-
Sec. 3.203. Board of adjustment action.
.A. Interpretation procedure. In making an interpretation of this zoning ordinance, the board of adjustment
shall:
1. Review and evaluate the request in light of the text of this zoning ordinance, the official zoning
mapsI the comprehensive plan and any other relevant information;
2. Consult with city staff, as necessary;
3. Render a
.B. Guidelines for future action. In reaching its decision, the board of adjustment shall establish firm
guidelines for future administrative actions on like matters.
(Ord. No. 13896, 10-12-
Sec.3.204. Appeal.
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CODE City of FORT WORTH, TEXAS Codified through Ord. No. 15254, adopted Sept. 24, 2002,
(Supplement No. 47, Update 1)
APPENDIX A ZONING REGULATIONS'
CHAPTER 4, DISTRICT REGULATIONS*
ARTICLE 5, HISTORIC PRESERVATION OVERLAY DISTRICTS ("HSE," "HC," "DD")
ARTICLE 5. HISTORIC PRESERVATION OVERLAY DISTRICTS ("HSE," "HC," "DD")
Sec. 4.500. Purpose and intent.
As a matter of public policy, the protection, enhancement and perpetuation of landmarks or districts of
, cultural, architectural or archeological importance and significance are necessary to promote
the economic, cultural, educational and general welfare of the public. It is recognized that the City of Fort
Worth represents the unique confluence of time and place that has shaped the identity of generations of
citizens, collectively and individually, and produced significant cultural, architectural and
archeological resources that constitute their heritage. The provisions of this article are intended to:
1. Protect, enhance and perpetuate landmarks and districts of ,cultural, architectural
or archeological importance which represent or reflect distinctive and important elements of Fort
Worth's cultural, architectural, archeological, social, economic, ethnic and political
heritage;
2. Foster civic pride by recognizing accomplishments of the
3. Protect and enhance the attractiveness of the city to tourists and visitors and support and
stimulate the economy;
4. Ensure the harmonious, orderly and efficient growth and development of the
5. Promote the economic prosperity and welfare of the
6. Encourage the stabilization, restoration and improvement of property and property values;
and
7. Maintain a generally harmonious outward appearance of both historic and modern structures
which are compatible and complementary in scale, form, color, proportion, texture and material.
(Ord. No. 13896, 10-12-
Sec. 4.501. Appointment of historic preservation officer.
The planning director shall appoint a qualified staff person to serve as historic preservation officer. The
historic preservation officer shall administer this article and advise the historic and cultural landmarks
commission on matters submitted to such commission. In addition to serving as representative of the
historic and cultural 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. The historic preservation officer shall maintain the historic
resources survey and shall update such survey from time to time.
(Ord. No. 13896, 10-12-
Sec. 4.502. Districts established.
A. Estab/ishment of categories. There shall be three categories of protection for historically, culturally,
architecturally or archaeologically significant properties in the City of Fort Worth, as follows:
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�1. Highly significant endangered
- 2. Historic and cultural landmark, if an individual structure or site, or historic and cultural
landmarks district, if more than one structure or site CHC" ); and
3. Demolition delay
These historic preservation overlay districts may appear on the official zoning map from time to time as
required by section 4.503H.
B. Previously designated overlay districts. All places, objects, sites, structures or property heretofore
designated by the city council as "HC" historic and cultural 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 article and shall bear the
appropriate mark in their zoning designation. Tax incentives granted for renovation, restoration or
rehabilitation under pre-existing provisions of the zoning ordinance shall remain in force.
C. Relationship of designations to base zoning districts.
1. Designation of a structure, site or area by the city council as "HSE," "HC," or "DD" is intended
as a zoning overlay which supplements the primary underlying zoning district classification. The
permitted uses of the property shall be determined and controlled by the use regulations set forth
for the primary zoning district classification for the property.
2. The height of structures and the minimum dimensions of lots and yards shall be determined
by the regulations set forth for the underlying, primary zoning district classification except where
more restrictive height and area regulations are specified in design guidelines adopted by the
historic and cultural landmarks commission.
3. If there is any conflict between the adopted design guidelines and any provision of this article,
the most restrictive regulation shall apply.
4. If there is any conflict between the provisions of this article and any other provision of the
zoning ordinance, the most restrictive regulation shall apply in the absence of a specific directive to
the contrary.
D. General criteria for designation. The criteria to be applied in order to determine whether sites or
structures qualify for designation as highly significant endangered, historic and cultural landmark, historic
and cultural landmarks district and demolition delay are as follows:
1. Is distinctive in character, interest or value; strongly exemplifies the cultural, economic, social,
ethnic or heritage of the City of Fort Worth, State of Texas or the United States.
- 2. Is an important example of a particular architectural type or specimen in the City of Fort
Worth.
3. Has been identified as the work of an important architect or master builder whose individual
work has contributed to the development of the City of Fort Worth.
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CODE City of FORT WORTH, TEXAS Codified through Ord. No. 15254, adopted Sept. 24, 2002.
(Supplement No. 47, Update 1)
APPENDIX A ZONING REGULATIONS*
CHAPTER 4, DISTRICT REGULATIONS*
ARTICLE 5. HISTORIC PRESERVATION OVERLAY DISTRICTS ("HSE," "HC," "DID")
Sec. 4.502. Districts established.
a. Embodies elements of architectural design, detail, materials or craftsmanship which represent
a significant architectural innovation.
5. Bears an important and significant relationship to other distinctive structures, sites or areas,
--either as an important collection of properties of architectural style or craftsmanship with few
intrusions, or by contributing to the overall character of the area according to a plan based on
architectural, historic or cultural motif.
-— 6. Possesses significant archeological value which has produced or is likely to produce data
affecting theories of historic or prehistoric interest.
7. Is the site of a significant historic
8. Is identified with a person or persons who significantly contributed to the culture and
development of the City of Fort Worth, State of Texas or the United States,
9. Represents a resource, whether natural or man-made, which greatly contributes to the
character or image of a defined neighborhood or community area.
10. Is designated as a Recorded Texas Historic Landmark or state archeological landmark, or is
included on the National Register of Historic Places.
.E. Designation as highly significant endangered ("HSE"). 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 paragraph D above;
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 Tax Code.
F. Designation as historic and cultural landmark ("HC'). An individual structure or site may be
designated as an historic and cultural landmark if it meets three or more of the criteria set out in paragraph
D above. An area which includes two or more structures or sites which satisfy three or more of such criteria
may be designated as an historic and cultural landmarks district.
G. Designation as demolition delay ("DD').
1. Designation. A structure may be designated demolition delay if it satisfies one or more of the
following qualifications:
a. Designated as a Recorded Texas Historic
bI Designated as a Texas State Archeological
c. Designated as an American Civil Engineering
d. Listed on the National Register of Historic Places;
e. It meets two or more of the criteria set out in paragraph D above, and is identified as
resource within a defined survey district of the historic resources survey or within a
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targeted plan area adopted by the City of Fort Worth.
2. Designation of demolition delay property as highly significant endangered or historic and
cultural landmark.
a. Owners of structures designated demoon delay who have filed Cl" application for a
certificate of appropriateness for demolition 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 certificate of appropriateness for demolition shall not be frustrated in their efforts
to demolish or sell such property by extension of the delay period through nomination of
property designated demolition delay as highly significant endangered or historic and
cultural landmark.
b. Accordingly, if an owner of a structure designated demolition delay has filed an
application for a certificate of appropriateness for demolition or if a demolition permit has
been issued to an owner of such structure within the preceding three-year period, such
structure shall not be nominated for designation as historic and cultural landmark or highly
significant endangered. However, an area which includes such structure may be
designated as an historic and cultural landmarks district.
(Ord. No. 13896, 10-12-
Sec. 4.503. Procedures for designation of property.
The procedures for designation of individual sites and structures as highly significant endangered,
historic and cultural landmark and demolition delay and for designation of areas as historic and cultural
landmarks 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 demoon delay by the
city manager, the city council, the historic and cultural landmarks commission or the owner or an
authorized representative. Nominations shall be submitted to the historic preservation officer.
Nomination by the city council or the historic and cultural landmarks commission shall be in the
form of a resolution requesting that the historic preservation officer submit the nomination to the
historic and cultural landmarks commission. nomination by the city manager or the owner shall be
by completion of a nomination form promulgated by the planning department. No nomination fee
shall be charged. A nomination for designation of an area as a historic and cultural landmarks
district submitted by the property owners must be signed by the owners of: (1) 50 percent or more
of the individual tracts, parcels or platted lots to be located within the boundaries of the proposed
district; and (2) 50 percent or more of the land area to be located within the boundaries of the
proposed district. Two or more platted lots developed together shall be counted as one lot. Each
vacant platted lot of sufficient size to be developed under the current zoning designation for the
property shall be counted as one lot.
Be
Notice of nomination. Upon receipt of a nomination, the historic preservation officer or a
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 historic and
cultural landmarks commission hearing described 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 article, 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
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;
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4. The time, place and date of the public hearing by the historic and cultural landmarks
commission to consider such designation;
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CODE City of FORT WORTH,_TEXAS Codified through Ord. NO, _15254, adopted Sept. 24, 200Z.
(Supplement No. 47, Update 1)
APPENDIX A ZONING REGULATIONS*
CHAPTER 4. DISTRICT REGULATIONS*
CHAPTER ... ... ... ... ... DISTRICT ... ... REGULATIONS
... ...
ARTICLE 5. HISTORIC PRESERVATION OVERLAY DISTRICTS ("HSE," "HC," "DD")
Sec. 4.503. Procedures for designation of property.
5. A statement of the stay of actions after nomination provided for in paragraph C below;
and
6. A form on which the owner may explain the reasons why the nomination should be
approved or denied.
C. Stay of 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 landmark or historic and cultural
landmarks district has been mailed, and prohibiting demolition or relocation of structures
for which a notice of nomination as demolition delay has been mailed are required in order
to further the purpose of this article.
2. Highly significant endangered, historic and cultural landmark and historic and cultural
landmarks district. After the historic preservation officer has mailed a notice of nomination
as highly significant endangered, historic and cultural landmark or historic and cultural
landmarks district to the owner or owners of such property by certified mail, return receipt
requested, all permits for construction, repairs, alterations, additions, stabilization,
restoration, rehabilitation, demolition or relocation of any building, object or structure on the
property shall be subject to the certificate of appropriateness requirements contained in
section 4.507 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 such
designation. Permits for which an application has been submitted to the appropriate city
department before the notice of nomination is mailed shall not be subject to interim
controls or the certificate of appropriateness requirements.
3. Demolition delay. After the historic preservation officer has mailed a notice of
nomination for designation as demolition delay to the owner or owners of such property by
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 section 4.507 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 an application
has been submitted to the appropriate city department before the notice of nomination is
mailed shall not be subject to interim controls or the certificate of appropriateness
requirements.
4. Relief from interim controls. An owner may seek relief from the interim controls by
requesting a certificate of appropriateness in accordance with the procedures contained in
section 4.507. In addition, an owner may seek expedited relief from the interim controls by
presenting information to the historic and cultural landmarks commission to show unusual
and compelling circumstances justifying such relief. Such request shall be filed with the
historic preservation officer within ten days after receipt of the notice of nomination and
shall be accompanied by a copy of a bona fide written agreement requiring relocation or
demolition of the structure, which shall have been entered into prior to receipt of the notice
of nomination, or other evidence that the interim controls will cause substantial imminent
harm to the owner which justifies expedited consideration of the owner's request for relief.
The owner shall also present evidence concerning plans for development of the property,
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The historic and cultural landmarks commission shall conduct a hearing on such matter
within 15 days after the request for relief is filed. The historic and cultural landmarks
commission may consider factors such as the existence of a written, bona fide sales
contract for the property; plans for relocation or demolition of the property; plans for
development of the property; the effect of the interim controls on such plans; and other
unusual and compelling circumstances justifying relief from the interim controls. It is the
governing body's intent to keep historic structures whenever possible, in recognition of the
fact that historic structures have been needlessly demolished, resulting in vacant lots. In
the event that the historic and cultural landmarks commission finds unusual and
circumstances justifying relief from the interim controls, the historic and cultural landmarks
commission may expedite review of the nomination, shorten the term of the interim
controls, release the owner from such controls or take such other action as the historic and
cultural landmarks commission deems to be appropriate.
D. Historic and cultural /andmarks commission hearing. No property shall be designated as
highly significant endangered, historic and cultural landmark, historic and cultural landmarks district
or demolition delay without the approval of the historic and cultural landmarks commission after
hearing. The historic and cultural landmarks commission shall conduct a public hearing 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 historic and cultural
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.
E. Zoning commission hearing. Upon recommendation of the historic and cultural landmarks
commission, the proposed designation 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 historic and cultural 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 amending the zoning map as set forth in chapter 3, article 5.
F. City council hearing. The city council shall give notice and conduct its hearing on the historic
and cultural landmarks commission's recommendation concerning the proposed designation within
45 days of receipt of the recommendation of the zoning commission, or as soon thereafter as is
reasonably practicable. The city council shall give notice, follow the publication procedure, hold the
hearing, and make its determination in the same manner and according to the same procedures for
amending the zoning map as set forth in chapter 3, article 5.
G. Vote required for designation. If an owner of a structure nominated for designation as highly
significant endangered, historic and cultural landmark or demolition delay or the owners of at least
20 percent of an area nominated for designation as an historic and cultural landmarks district
protest such designation by submitting a written, signed protest, the affirmative vote of at least 3/4
of all members of the city council is required in order for the designation to take effect, in
accordance withsection 211.006 of the Texas Local Government Code. Further, if the owner of a
structure nominated for designation as an historic and cultural landmark submits a written, signed
protest of such designation at the historic and cultural landmarks commission hearing, the
nomination must also receive the affirmative vote of at least 3/4 of all members of the historic and
cultural landmarks commission and the zoning commission in order to take effect.
H. Recording of designations on zoning map. Upon designation of a site, structure or area as
highly significant endangered, historic and cultural landmark, historic and cultural landmarks district
or demolition delay, the city council shall cause the designation to be recorded on the official
zoning maps of the city. All zoning maps shall indicate designated highly significant endangered
properties with the suffix "HSE," historic and cultural landmarks, whether designated individually or
as a district, with the suffix "HC," and demolition delay properties as "DD," in addition to the marks
indicating the primary underlying zoning district classification,
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I. Filing of designations in property records. Record of designation of a site, structure or area as
highly significant endangered, historic and cultural landmark, historic and cultural landmarks district
or demolition delay shall be recorded in the official property records of the county in which the
property is located. Property owners who file an application for designation shall record such
designation and provide proof of filing to the historic preservation officer. In all other cases the
historic preservation officer shall file such designation.
(Ord. No. 13896, 10-12-99; Ord. No. 14985, § 1, 2-19-
Sec. 4.504. Procedures and criteria for removal of designation.
A. Application for removal of designation. Application for removal of the highly significant endangered,
historic and cultural landmark, historic and cultural landmarks district or demolition delay designation shall
be submitted to the historic preservation officer. Application may be made by the property owner or an
authorized representative, the city manager, the historic and cultural landmarks commission or the city
council. The same procedure that is followed in designation of such categories shall apply to removal of
designation, including consideration by the historic and cultural 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 a historic and cultural landmarks district designation shall be signed
the owners of: (1) 50 percent or more of the individual tracts, parcels or platted lots located within the
boundaries of the district; and (2) 50 percent or more of the land area located within the boundaries of the
district. Two or more platted lots developed together shall be counted as one lot. Each vacant platted lot of
sufficient size to be developed under the current zoning designation for the property shall be counted as
one lot.
'B. Removal of highly significant endangered designation.
1. The highly significant endangered designation may be removed for the following
a. It is determined that the site or structure is no longer historically, culturally,
architecturally or archaeologically significant under the criteria listed in section 4.502E;
b. It is determined that the site or structure is no longer endangered;
c. It is determined that such designation creates an unreasonable economic hardship
upon the owner or owners in accordance with the provisions of section 4.508.
applicant seeking removal of the highly significant endangered designation on the basis
that the site or structure is no longer endangered shall simultaneously nominate such structure for
designation as historic and cultural landmark. The application for removal of the highly significant
endangered designation and the request for designation of such property as historic and cultural
landmark shall be considered and decided concurrently; provided, however, failure to designate
such property as historic and cultural landmark by the city council shall not be grounds for denial of
the application for removal of the highly significant endangered designation.
3. Within ten days after approval by the city council of removal of the designation, the historic
preservation officer shall remove the highly significant endangered designation from the official
zoning maps of the city and shall file a notice that the highly significant endangered designation
has been removed in the official property records of the county in which the property is located. In
addition, if applicable, the historic preservation officer shall record the historic and cultural
landmark designation on the city's official zoning maps and record such designation in the property
records of the county in which such property is located.
'C. Removal of historic and cultural landmark designation.
1. The historic and cultural landmark designation, whether relating to individual properties or to
an historic and cultural landmarks district, may be removed for the following reasons:
a. It is determined that the site, structure or area, as applicable, is no longer historically,
culturally, architecturally or archaeologically significant under the criteria listed in section
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4.502F; or
b. It is determined that such designation creates an unreasonable economic hardship
upon the owner or owners in accordance with the provisions of section 4.508.
2. The historic and cultural landmarks district designation may Ulm,, e, , oved only from a district as
a whole. The designation shall not be removed from individual sites or structures located within a
district.
3. The historic preservation officer shall remove the historic and cultural landmark designation
from the official zoning maps of the city and shall file a notice that the designation has been
removed in the official property records of the county in which such property is located within ten
days after approval by the city council of removal of the designation,
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CODE City of FORT WORTH, TEXAS Codified through Ord. No. 15254, adopted Sept. 24, 2002,
(Supplement No. 47, Update 1)
APPENDIX A ZONING REGULATIONS*
CHAPTER 4. DISTRICT REGULATIONS*
. ... ... ... ... ... ... ... ... ... ... ... ... ... ...
ARTICLE 5. HISTORIC PRESERVATION OVERLAY DISTRICTS ("HSE," "HC," "DD")
Sec. 4,504. Procedures and criteria for removal of designation.
D. Removal of demolition delay designation.
1. The demolition delay designation may be removed for the following
a. It is determined that the site or structure no longer satisfies at least one of the criteria
set out in section 4.502G;
b. It is determined that such designation creates an unreasonable economic hardship
upon the owner or owners in accordance with the provisions of section 4.508; or
c. The site or structure is demolished in accordance with this
2. 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.
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
historic and cultural landmarks commission, the zoning commission and the city council.
(Ord. No. 13896, 10-12-99; Ord. No. 14985, § 2, 2-19-
Sec. 4.505. Adoption of design guidelines for landmarks and districts.
A. Submittal of proposed guidelines. When application is made by the owner or owners for the
designation of a historic and cultural landmark, historic and cultural landmarks district or highly significant
endangered, whether an individual structure or a district, the owner or owners 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 guidelines shall be prepared by the applicant with the assistance
of the historic preservation officer. The owners of property nominated for designation as a historic and
cultural landmark or an historic and cultural landmarks district by the historic and cultural 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 article.
B. Adoption by city council.
1. Historic and culfura/ landmarks commission hearing. Upon approval of the designation of a
property as historic and cultural landmark, historic and cultural landmarks district or highly
significant endangered, the historic and cultural landmarks commission shall review the design
guidelines and shall approve the same, with or without modifications, at the public hearing on the
proposed designation. In reviewing guidelines for approval, the historic and cultural landmarks
commission shall avail itself of all information necessary from staff and other sources.
2. Zoning commission hearing. Upon recommendation of the historic and cultural landmarks
commission, the proposed guidelines shall be submitted along with the proposed designation to
the zoning commission. The zoning commission shall conduct a public hearing on the proposed
design guidelines in the same manner and according to the same procedures for the designation of
property as set forth in Chapter 4, Article 5.
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3. City council hearing. Upon approval by the city council of the designation of a property as
historic and cultural landmark, historic and cultural landmarks district or highly significant
endangered, the council shall review the design guidelines and shall approve the same, with or
without modifications, at the public hearing on the proposed designation. The city council shall give
notice and conduct its hearing on the historic and cultural landmarks commission's
recommendation concerning the proposed design guidelines in the same manner and according to
the same procedures for the designation of property as set forth in Chapter 4, Article 5.
Copies of the approved guidelines shall be on file in the development department and in the office of the
historic preservation officer.
C. Content and application 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 landmark as one of the following:
a. Landmark;
c.
Contributing
Non-contributing
Non -essential
resource;
2. 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 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 significant endangered or historic
and cultural landmark but shall not be imposed on those existing structures or properties, or
portions thereof, which are not altered. The guidelines so established shall also apply to any
proposed new structure erected or placed in 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 landmark.
D. Modification or invalidation of guidelines. Design guidelines may be reviewed and modified by the city
council when requested by a property owner within the district or by city staff. Any modification of adopted
design guidelines must be approved by the city council following the same procedures used for
promulgation of the original guidelines. The board of adjustment shall not have jurisdiction to grant any
variance from design guidelines. Invalidation of any portion of the guidelines shall not affect the validity of
any other portion.
(Ord. No. 13896, 10-12-99; Ord. No. 15140, §§ 1--31 6-18-
Sec. 4.506. Tax incentives.
A. Purpose. 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 endangered
and historic and cultural landmark and properties located in an historic and cultural landmarks district.
B. Automatic exemption for highly significant endangered structures. 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 year 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 paragraph. 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,
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however, nothing in this article relieves the owner from the responsibility to submit an application for the
exemption each year to the appraisal district for the county in which the property is located pursuant to the
terms of the Texas Tax Code. The historic preservation officer shall assist the owner in filing for such
exemption, at the request of the owner. The exemption under this paragraph terminates when an owner
qualifies for rehabilitation incentives under paragraph D below. In the event that the owner substantially
rehabilitates the structure, but does not seek approval of the rehabilitation incentives under paragraph D,
the exemption under this paragraph shall terminate on the same date that the rehabilitation incentives
would have terminated if the owner had followed the procedures set out in paragraph D below.
C. Partial exemption for stabilization of highly significant endangered structure.
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 50 percent of the
value of the land necessary for access to and use of the structure for a period not to exceed five
years. The exemption shall commence in the tax year immediately following the year in which the
work is completed. In the event that the tax savings arising from the partial exemption for such
one-year period is less than the cost of such work, the partial exemption may be carried over from
year to year, for a total period not to exceed five years. 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 rehabilitation incentives under paragraph D. Nothing in this article
relieves the owner from the responsibility to submit an application for the exemption each year to
the appraisal district for the county in which the property is located pursuant to the terms of the
Texas Tax Code. The historic preservation officer shall assist the owner in filing for such
exemption, at the request of the owner,
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CODE City of FORT WORTH, TEXAS Codified through Ord. No. 15254, adopted Sept. 24, 2002.
(Supplement No. 47, Update 1)
APPENDIX A ZONING REGULATIONS*
CHAPTER 4, DISTRICT REGULATIONS*
ARTICLE 5. HISTORIC PRESERVATION OVERLAY DISTRICTS ("HSE," "HC," "DID")
Sec. 4.506. Tax incentives.
2. Eligible costs. Eligible projects shall consist of work performed for the stabilization of the
structure and may include exterior improvements and interior improvements to the frame, walls,
floor, ceiling, plumbing, electrical wiring and mechanical items, such as heating and air conditioning
systems. Fixtures and decorative items shall not be eligible for consideration. Materials and labor
for repairing, replacing or adding any of the following shall be eligible:
a. Structural
b. Structural
c. Structural
d. Exterior
e. Exterior
f. Mechanical
g. Windows;
h. Exterior
Plumbing;
Electrical
Roof and
m. Elevators;
n.
brick veneers or
gAter where necessary for structural
Foundations
;
Termite
p.
Security
damage
and/or fire
and
protection
q. Architectural and engineerin
g services if directly related to the eligible costs described
above; and
r. Demolition and cleanup if directly related to the eligible costs described
3. Ine/igible costs. Ineligible costs include, but are not limited to, the
a. Plumbing and electrical fixtures; provided, however, documented replacement of
historic fixtures may be considered eligible;
b.
c.
d
Overhead;
Taxes;
Supervisor
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e. Repairs
Tools; and
of construction
Any other items not directly related to the exterior appearance or the structural
integrity or viability of the building.
D. Tax incentives for rehabilitation of highly signcant endangered structure.
1. Description of incentives. A structure designated highly significant endangered, which is
substantially rehabilitated in accordance with this section, and the land necessary for access to
and use of the structure, shall be entitled to the following tax benefits ("rehabilitation incentives")
a period of years as hereinafter set forth:
a. Exemption from city ad valorem taxes of all of the assessed value of the
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CODE City of FORT WORTH, TEXAS Codified through Ord. No. 15254, adopted Sept. 24, 2002.
(Supplement No. 47, Update.1)
APPENDIX A ZONING REGULATIONS*
CHAPTER 4, DISTRICT REGULATIONS*
ARTICLE 5. HISTORIC PRESERVATION OVERLAY DISTRICTS ("HSE," "HC," "DD")
Sec. 4.506. Tax incentives.
b. Exemption from city ad valorem taxes of any increase in the assessed value of the
land necessary for access to and use of the structure, in excess of the assessed value for
the tax year immediately prior to commencement of the rehabilitation. The assessed value
of the land necessary for access to and use of the structure for city ad valorem tax
valuation purposes shall be equal to the assessed value of such land for the tax year
immediately prior to commencement of the rehabilitation; provided, however, in the event
that such land is subsequently assessed at a lower value than the assessed value for the
tax year immediately prior to commencement of the rehabilitation, the lower value will
apply.
2. Substantial rehabilitation. "Substantial rehabilitation" of a structure designated as highly
significant endangered shall consist of rehabilitation at a cost which equals or exceeds 30 percent
of the assessed value of the structure prior to rehabilitation.
3. Term of rehabilitation incentives. The term of the rehabilitation incentives shall be a minimum
of ten years commencing on the first day of the tax year following verification by the city council of
completion of the rehabilitation pursuant to paragraph I. In order to encourage early rehabilitation,
the term of the rehabilitation incentives may be increased for up to an additional five years. If the
rehabilitation is completed and the project passes all final inspections within two years after
designation as highly significant endangered, the rehabilitation incentives shall be for a period of
15 years commencing on the first day of the tax year following verification by the city council of
completion of the rehabilitation pursuant to paragraph I. The term of the rehabilitation incentives
shall decrease by one year for every year that completion of rehabilitation is delayed, to a minimum
term of ten years. Upon expiration of the term of the rehabilitation incentives, the structure and the
land necessary for access to and use of the structure shall be taxed at the assessed value.
4. Submittal of application to appraisal district. Nothing in this article relieves the owner from the
responsibility to submit an application for the exemption each year to the appraisal district for the
county in which the property is located pursuant to the terms of the Texas Tax Code. The historic
preservation officer shall assist the owner in filing for such exemption, at the request of the owner.
'E. Tax incentives for historic and cultural landmarks.
1. Application submitted prior to the commencement of any work. 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. The term of the incentives is ten years
commencing on the first day of the tax year following verification by the city council of completion
of the rehabilitation pursuant to paragraph I. 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 rehabilitation" shall
consist of rehabilitation at a cost which equals or exceeds 30 percent of the assessed value of the
structure prior to rehabilitation. Nothing in this article relieves the owner from the responsibility to
submit an application for the exemption each year to the appraisal district for the county in which
the property is located pursuant to the terms of the Texas Tax Code. The historic preservation
officer shall assist the owner in filing for such exemption, at the request of the owner,
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2. Application submitted after the commencement of work for which a certificate of
appropriateness is not required. The provisions of this paragraph shall apply only to work that
meets the following conditions: (a) the work is completed on a structure that is designated as a
historic and cultural landmark or that is located in a historic and cultural landmark district, including
the land necessary for access to and use of said structure; (b) the work does not require a
certificate of appropriateness; and (c) an application for tax exemption is filed within five (5) years
after the completion of the work. Such work shall be eligible for tax exemption following verification
by the city council of the work performed, provided that the structure has been substantially
rehabilitated in accordance with this section. The structure and land 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 the commencement of work. The term of the tax incentive is ten (10)
years commencing on the first day of the tax year immediately following the year that work is
completed. The owner will qualify for the tax incentive for the remainder of the applicable ten-year
term commencing on the first day of the tax year following verification by the city council of the
rehabilitation pursuant to paragraph It The owner shall not be eligible for the tax incentive or be
reimbursed for ad valorem taxes paid by the owner on the structure or land for any years prior to
the submission of an application for a tax incentive and verification by the city council of the work
performed. 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 the
commencement of the rehabilitation shall be exempt from city ad valorem taxes for the remainder
of the ten-year term. In the event that the structure or the land is assessed during such period at a
lower value than the value for the tax year immediately prior to the commencement of the
rehabilitation, the lower value will apply. "Substantial rehabilitation" shall consist of rehabilitation at
a cost that equals or exceeds thirty (30) percent of the assessed value of the structure prior to
rehabilitation. Nothing in this article relieves the owner from the responsibility to submit an
application for the exemption each year to the appraisal district for the county in which the property
is located pursuant to the terms of the Texas Tax Code. At the request of the owner, the historic
preservation officer shall assist the owner in filing for the exemption.
F
. Eligibility for tax incentives.
1. Highly significant endangered.
a. 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 historic and
cultural landmarks commission and the city council must approve the application for the
incentive prior to the commencement of the work and must verify satisfactory completion of
the project.
b. In order for property designated highly significant endangered to be eligible for
Rehabilitation Incentives, the historic and cultural 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.
2. Historic and Cultural Landmark and Historic and Cultural Landmarks District. In order for
property designated Historic and Cultural Landmark to be eligible for a partial tax exemption for
rehabilitation, the Historic and Cultural Landmarks Commission and the City Council must approve
the application for the tax incentive and must verify satisfactory completion of the project. Property
designated Historic and Cultural Landmark or located in an Historic and Cultural Landmarks
District shall be eligible for the partial City tax exemption for rehabilitation of the property once
every twenty (20) years.
G. Application for tax incentives. Application for a city ad valorem tax exemption shall be filed with the
.historic preservation officer. The application may be processed concurrently with the application for any
certificate of appropriateness which may be required under section 4.50, The application shall be signed
and sworn to by the owner of the property and shall:
1. State the legal description and the address of the
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2. Provide proof of title in the application to the property proposed for
3. Provide proof that taxes or other assessments are not delinquent on the
4. Include a complete set of plans and/or documentation for the stabilization or rehabilitation,
which have been approved by the development department, and verify compliance with
established guidelines;
5. For projects for stabilization of a structure designated highly signcant endangered, include a
list of eligible costs;
6. For rehabilitation projects, include a statement of costs reflecting that the costs exceed 30
percent of the assessed value of the structure;
Include a projection of the estimated construction time and predicted completion
8. Include a detailed statement of the proposed use of the
9. Authorize members of the historic and cultural landmarks commission and officers of the city
to visit and inspect the property;
10. Provide any additional information to the historic and cultural landmarks commission which is
necessary in determining eligibility or which the owner deems relevant or useful;
11. 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
12. Contain sufficient documentation supporting the information submitted
Consideration of application for tax incentives.
1. Review by historic and cultural landmarks commission. Upon receipt of the sworn application,
the historic and cultural landmarks commission shall make an investigation of the property and
shall certify facts relating to the project to the historic preservation officer within 30 days, together
with the historic and cultural landmarks commission's documentation and recommendation for
approval or disapproval of the application for exemption.
2. Review by city council. Upon receipt of the application for city ad valorem tax exemption and
the recommendation of the historic and cultural landmarks commission, the historic preservation
officer shall forward the application to the city council. 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 and has submitted all required information. Notice of approval or disapproval shall be
provided to the applicant in writing.
Verification of completion of project.
1. Submission of statement by applicant. Upon completion of a stabilization or rehabilitation
project the applicant shall submit the following documents to the historic preservation officer:
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CODE City of FORT WORTH,_TEXAS Codified through Ord. No. 15254, adopted Sept. 24, 2002.
(Supplement No. 47,, Update. 1)
APPENDIX A ZONING REGULATIONS*
CHAPTER 4, DISTRICT REGULATIONS*
ARTICLE 5. HISTORIC PRESERVATION OVERLAY DISTRICTS ("HSE," "HC," " DD")
Sec, 4.506. Tax incentives.
aI Sworn statement of completion of the
b. Copies of all receipts for cost of
c. Documentation that all required inspections of the project have been performed by the
development department;
d. In the case of stabilization projects, proof that costs are
e. In the case of rehabilitation projects, proof that the cost of the rehabilitation equals or
exceeds 30 percent of the assessed value of the structure prior to rehabilitation. Such
costs may be determined according to the value of the permits issued by the development
department and/or proof of actual expenditures; and
f. Proof that a certificate of occupancy has been issued, if
2. Verification by historic and cultural landmarks commission. The historic and cultural
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 historic
and cultural landmarks commission shall submit the application for tax incentive to the city council
for approval. A project shall be considered completed when all of the following requirements have
been met:
a. The applicant has submitted all information required under paragraph 1
b. Rehabilitation costs equal or exceed the required
c. The project has passed all required final inspections and has obtained a certificate of
occupancy, if required; and
d. All work has been performed in accordance with the certificate of appropriateness
and the Secretary of the Interior's Standards for Rehabilitation.
3. Verification by city council and notification of taxing authorities. After verification of satisfactory
completion of the stabilization or rehabilitation project, the city council shall declare the property to
be entitled to the city ad valorem tax relief provided herein. Approval by the city council of a project
for rehabilitation of a structure designated historic and cultural landmark or located in an historic
and cultural 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 Tax Code. The
historic preservation officer shall give written notice of approval of the tax incentive to the chief
appraiser of the appraisal district for the county in which the property is located and the tax
assessor -collector of the City of Fort Worth. Thereafter, the owner shall be entitled to the
applicable tax incentive commencing on January 1 of the tax year immediately following approval
by the city council. Nothing in this article relieves the owner from the responsibility to apply to the
appraisal district for the county in which the property is located each year for the exemption
pursuant to the terms of the Texas Tax Code. The historic preservation officer shall assist the
owner in filing for such exemption, at the request of the owner.
4. Execution of commitment to repay. The city council shall not approve an application for tax
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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, in the event
that the owner is required to repay the taxes and interest for noncompliance with this article. The
commitment shall be filed in the official property records of the county where the property is
located, shall run with the land and shall bind the owner and any heirs and assigns. Any unpaid
amount shall constitute a lien against the property.
J. Alteration or destruction of structure or site.
1. Willful or negligent alteration or destruction. In order to maintain eligibility for a tax exemption
in accordance with this article, the owner and any representative shall not alter or totally or partially
destroy the historically significant structure or site by willful act or negligence during the period of
the exemption. In the event that the historically significant structure or site is altered or totally or
partially destroyed by the willful act or negligence of the owner or a representative, the owner shall
notify the historic preservation officer and the chief appraiser of the appraisal district for the county
in which the property is located that he is no longer entitled to the exemption. In addition, if the
historic and cultural landmarks commission has reason to believe that a structure or site benefiting
from a tax exemption has been altered or totally or partially destroyed by the willful act or
negligence of its owner or a representative during the period of the exemption, the historic and
cultural landmarks commission shall request that the city manager immediately cause the matter to
be scheduled for the earliest possible consideration by the city council. If, after giving notice of a
hearing to the owner, the city council determines that the structure or site has been totally or
partially destroyed or altered by the willful act or negligence of the owner or a representative, the
owner shall take corrective measures, if feasible, within the time specified by the city council. If the
owner fails to take such corrective measures or if corrective measures are not feasible, the owner
shall immediately repay to the city all of the city tax revenues that were not paid because of the
exemption plus interest calculated at an annual rate of ten percent, in accordance with the terms of
the commitment to repay. The city's remedies pursuant to the commitment to repay shall be in
addition to all rights and remedies pursuant to the Texas Tax Code,
2. Alteration or destruction other than by willful act or negligence. Where a structure or site
benefiting from a tax exemption described herein is totally or partially destroyed or altered by other
than the willful act or negligence of the owner or a representative, the owner shall, within 30 days,
apply for a certificate of appropriateness to authorize reconstruction of the structure or site in
accordance with the Secretary of the Interior's Standards 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 historic and cultural landmarks commission may
extend the time for filing the application. The determination of whether repair is feasible or
demolition should be allowed shall be made by the historic and cultural landmarks commission in
accordance with the certificate of appropriateness criteria and procedures set forth in section
4.507. In cases where a certificate of appropriateness is issued for demolition or relocation
because repair is not feasible, repayment of the tax revenues and interest is not required.
3. Public safety hazard. The provisions shall not limit the authority of the building official or the
superintendent of the code compliance division to take action concerning structures or property
which constitutes a public safety hazard.
K. Monitoring system. The status of structures or sites benefiting from the tax exemptions described
herein shall be monitored by the historic preservation officer during the period of the exemption to ensure
continued compliance with 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 historic and cultural landmarks
commission shall initiate procedures to terminate the city tax exemption and require payment of the city
taxes, plus interest calculated at the rate of ten percent per year, pursuant to the terms of the commitment
to repay.
L. Transferability of tax benefits. The benefits of this city ad valorem tax incentive program relating to
'structures designated highly significant endangered and historic and cultural landmark and structures
located in an historic and cultural landmarks district are transferable and run with the property.
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(Ord. No. 13896, 10-12-99; Ord, No. 15139, §§ 1--3, 6-18-
Sec. 4.507. Certificates 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 historic and cultural landmarks commission
in accordance with the provisions of this section:
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 area
designated or pending designation as an historic and cultural landmarks district;
2. Repair (other than ordinary repair), reconstruction, alteration, addition, stabilization,
restoration or rehabilitation of 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;
3. New construction on real property which is located in an area 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 landmark; or
4. Material changes in any doors, roofs, windows, stonework, woodwork, light fixtures, signs,
sidewalks, fences, steps, paving and/or other exterior elements visible from a public right-of-way
which affect the appearance and compatibility of any structure or property designated or pending
designation as highly significant endangered or historic and cultural landmark or located in an area
designated or pending designation as an historic and cultural landmarks district.
B. Certificate of appropriateness not required for ordinary repairs. No certificate of appropriateness is
required for ordinary repair and maintenance of any structure or property if the proposed work does not
involve a change in material, configuration or outward appearance. In -kind replacement or repair is
.considered to be ordinary repair and maintenance. Requests for permits for repair or maintenance of a
structure or property which is designated or pending designation as highly significant endangered or
historic and cultural landmark or which is located in an area 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.
C. Other permits required. The certificate of appropriateness required by this article shall be in addition
to any other permit or approval required by state or federal law. A certificate of appropriateness, where
required, must be obtained prior to the approval of any building, demolition, relocation or other permit that
is required by any code or ordinance of the City of Fort Worth.
.D. Limitation of term of certificate. The historic and cultural landmarks commission may limit the term for
which a certificate of appropriateness is valid.
E. 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.
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CODE City of FORT WORTH, TEXAS Codified through Ord. No. 15254, adopted Sept. 24, 2002,
(Supplement No, 47, Update 1)
APPENDIX A ZONING REGULATIONS*
CHAPTER 4. DISTRICT REGULATIONS*
ARTICLE 5, HISTORIC PRESERVATION OVERLAY DISTRICTS ("HSE," "HC," "DD")
Sec. 4.507. Certificates of appropriateness.
1. Name, address and telephone number of the
2. Address and legal description of the
3. Site plan showing the location of the structure or
4. Photographs of all four elevations of the structure or property and adjacent structures or
property;
5. Detailed description of the proposed work (not applicable to demolition or
6. Elevation drawings of the proposed changes, if
7. Samples of, or appropriate information concerning, materials to be used (not applicable to
demolition or relocation);
A. Rationale for why the structure or property is no longer historically, culturally, architecturally or
archaeologically significant or proof of economic hardship, if applicable;
9, Rationale for why the proposed change is compatible with designation as highly significant
endangered or historic and cultural landmark;
10. Any other information which the historic and cultural landmarks commission or staff deems
reasonably necessary to visualize and evaluate the proposed work; and
11. Signature of the owner verifying that the application is complete and
F. Procedures for demolition or relocation.
1. Historic and cultural landmarks commission hearing. The historic and cultural landmarks
commission shall conduct a hearing concerning an application for a certificate of appropriateness
for demolition or relocation within 45 days after the application is filed, or as soon thereafter as is
reasonably practicable. The historic and cultural landmarks commission may delay the hearing for
a reasonable time if the historic and cultural landmarks 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 historic and cultural landmarks commission in order to evaluate the application.
2. Erection of signs concerning proposed demolition or relocation. The city manager or a
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 adjacent to such property. Such sign or signs shall be so erected not less than ten
days before the date set for public hearing before the historic and cultural landmarks commission.
All such signs shall be removed subsequent to the withdrawal of the application or final action on
the application by the historic and cultural 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
telephoning the number indicated thereon. Such erection and/or the continued maintenance of any
such sign or signs shall not be deemed a condition precedent to the holding of any public hearing,
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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.
3. 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 heard concerning the proposed demolition or relocation. The
historic and cultural landmarks commission may request evidence concerning plans for the
development of the property.
4. Decision of historic and cultural landmarks commission. At the conclusion of the hearing, or
as soon thereafter as is reasonably practicable, the historic and cultural landmarks commission
shall take one or more of the following actions:
a. Issuance of certificate of appropriateness for demolition ofnon-essential element: The
historic and cultural landmarks commission shall issue a certificate of appropriateness for
demolition or relocation of property classified as a non -essential element in the design
guidelines for an historic and cultural landmarks district or property designated highly
significant endangered or historic and cultural landmark, subject to compliance by the
owner with such guidelines.
b. Issuance of certificate of appropriateness for loss of significance: The historic and
cultural landmarks commission shall issue a certificate of appropriateness for demolition or
relocation of property designated highly significant endangered, historic and cultural
landmark or demolition delay if the historic and cultural landmarks commission finds that
the structure or property is no longer historically, culturally, architecturally or
archaeologically significant. In making this determination, the historic and cultural
landmarks 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, architectural or archeological
significance, 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 landmarks district, unless the historic and cultural landmarks commission finds that
the district as a whole is no longer historically, culturally, architecturally or archaeologically
significant.
c. Determination of unreasonable economic hardship: If the historic and cultural
landmarks 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 certificate of appropriateness is not issued for the proposed demolition or
relocation. In addition, owners of property located in an area designated or 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 hardship if the
certificate of appropriateness is not issued for the proposed demolition or relocation. The
owner shall have the burden of establishing by a preponderance of the evidence that an
unreasonable economic hardship exists under the criteria set forth in section 4.508. If the
owner does not establish that an unreasonable economic hardship exists, the certificate of
appropriateness shall be denied. If the owner does establish that an unreasonable
economic hardship exists, the historic and cultural landmarks commission may delay the
issuance of a certificate of appropriateness for up to 180 days from the date of the historic
and cultural landmarks commission hearing.
d, Delay of demolition of demolition delay property: The historic and cultural landmarks
commission may not deny an application for a certificate of appropriateness for demolition
of property designated or pending designation as demolition delay. However, the cercate
of appropriateness may provide that issuance of a demolition permit may be delayed for up
to 180 days after submission of the application in order to permit the historic and cultural
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landmarks 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 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 historic and
cultural landmarks 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 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.
5. Consultation concerning alternatives during delay periods. During any period for which
demolition has been 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 historic and cultural landmarks 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 economically viable uses for the structure or property. The burden
shall be on the city to recommend a plan to alleviate the unreasonable economic hardship. City
staff shall assist the historic and cultural 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 variance 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 historic
and cultural landmarks commission, the historic and cultural landmarks commission shall issue the
certificate of appropriateness for demolition or relocation.
6. 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 landmark or located in
�n area designated or pending designation as an historic and cultural landmarks district, the
historic and cultural landmarks commission may require the preparation of a salvage plan,
documentation of the property and/or the preservation of trees, shrubs and other landscaping of
substantial significance. Such conditions shall be in compliance with all other city codes and
ordinances.
7. Documentation of properties to be demolished or relocated.
a. Documentation required for all highly significant endangered and historic and cultural
landmarks: Unless the historic and cultural landmarks commission determines otherwise,
the property owner shall file the following documentation with the historic preservation
officer, at the owner's expense, as a condition for the issuance of a certificate of
appropriateness for the demolition or relocation of any structure or property designated or
pending designation as highly significant endangered or historic and cultural landmark or
located in an area designated or pending designation as an historic and cultural landmarks
district, other than a non -essential element:
Photographs of the structure, property or features to be
Written documentation of the architecture of the structure or property;
. Documentation that the site has been rezoned (e.g., "PD" Planned
Development), replatted, variances granted or that other development
requirements have been met.
b. Additional documentation required for certain highly significant properties: Unless
waived by the historic and cultural landmarks commission, in addition to the information
required above, the property owner shall file the following documentation with the historic
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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 landmark which
was determined by the city council at the time of designation to comply with five or more of
the criteria set out in section 4.502D:
i. Significant background of past owners and events in the structure
or on the property;
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COUE City of FORT WORTH,_TEXAS Codified through Ord. No. _15254, adopted Sept. 24, 2002,
(Supplement No. 47, Update 1 )
APPENDIX A ZONING REGULATIONS*
. .. .. .. .. ZONING .. .. REGULATIONS
.. .. ..
CHAPTER 4. DISTRICT REGULATIONS*
ARTICLE 5. HISTORIC PRESERVATION OVERLAY DISTRICTS ("HSE," "HC," "DD")
Sec. 4.507. Certificates of appropriateness.
ii. Scale drawings of the floor
ii. Scale drawings of the exterior
iv. Scale plan indicating the dimensions of the site and exact location of each
structure, property and landscape feature on the site; and
v. Any other information which the historic and cultural landmarks commission
may deem reasonably necessary to record the proposed demolition or relocation,
such as documentation in accordance with the Historic American Building Survey
(HABS) or Historic American Engineering Record (HAER).
c. Demolition delay: 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.
8. Expiration 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 years
following expiration of such permit.
G. Procedures for work other than demolition or relocation.
1. Historic and cultural landmarks commission hearing. The historic and cultural landmarks
commission shall conduct a hearing concerning the application for a cercate 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 landmark or located in an area designated or pending
designation as an historic and cultural landmarks district. Such public hearing shall be held within
45 days after the application is filed, or as soon thereafter as is reasonably practicable. The historic
and cultural landmarks 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 are not present or that
additional information is needed by the historic and cultural landmarks commission in order to
evaluate such application.
2. 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 hearing. The owner, such potential buyers and all other interested parties, including
local preservation groups, will be heard concerning the proposed work.
3. Criteria for issuance of certificate of appropriateness. In considering the application, the
historic and cultural landmarks commission shall determine whether the proposed work complies
with the design guidelines for an historic and cultural landmarks district or individual property
designated historic and cultural landmark or highly significant endangered. In addition, the historic
and cultural landmarks commission shall consider, where applicable, the following criteria, which
are based on the Secretary of the Interior's Standards for Rehabilitation:
a. 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
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defining characteristics of the structure, property, site and environment.
b. The historic character of a structure or property shall be retained and preserved. The
removal of historic materials or alteration of features and spaces that characterize a
structure or property shall be avoided.
c. Each structure or property shall be recognized as a physical record of its time, place
and use. Changes that create a false sense of development, such as adding
conjectural features or architectural elements from other structures or property, shall not
undertaken.
d. Most structures and property change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
e. Distinctive features, finishes and construction techniques or examples of
craftsmanship which characterize a structure or property shall be preserved within the
limits permitted by applicable codes and ordinances.
f. Deteriorated historic features shall be repaired rather than replaced. Where the
severity of deterioration requires replacement of a distinctive feature, the new feature shall
match the old in design, color, texture and other visual qualities and, where possible,
materials, provided such materials meet other applicable codes and ordinances.
Replacement of missing features shall be substantiated by documentary, physical or
pictorial evidence.
g. Chemical or physical treatments, such as sand -blasting, which cause damage to
historic materials shall not be used. The surface cleaning of structures, if appropriate, shall
be undertaken using the gentlest means possible.
- --- h. Significant archeological resources affected by a project shall be protected and
preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
i. New additions, exterior alterations, or related
historic materials which characterize the structure c
iew construction shall not destroy
p
v work shall be
size, scale and
property and its
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.
k. 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
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.
4. Decision of historic and cultural landmarks commission. At the conclusion of the hearing, or
as soon thereafter as is reasonably practicable, the historic and cultural landmarks commission
shCI ll take one or more of the following actions.
a. Issuance of certificate of appropriateness.' If the historic and cultural landmarks
.commission finds that the proposed work will comply with the criteria listed in paragraph 3
above and applicable design guidelines, the historic and cultural landmarks commission
shall issue a certificate of appropriateness for the work, with or without conditions.
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b. Relief from certificate of appropriateness requirements: If the historic and cultural
landmarks commission refuses to issue the certificate of appropriateness on the ground
that the proposed work will not comply with the criteria listed in paragraph 3 above and any
design guidelines for the property, the owner shall have the right to seek deviations from
the criteria and design guidelines from the historic and cultural landmarks 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 historic and cultural landmarks commission finds
that the owner has failed to satisfy this burden of proof, the certificate of appropriateness
will be denied. If the historic and cultural landmarks commission finds that the owner 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 historic and cultural landmarks
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 historic and cultural
landmarks 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 article. The historic and cultural landmarks commission and city staff, in
consultation with local preservation groups and other interested parties, shall explore with
the owner, or a representative, alternatives for performance of the proposed work that will
preserve the structure or property to the greatest extent that is economically feasible. If a
deviation is granted, the certificate of appropriateness for the proposed work shall state the
terms and conditions of the deviation. All deviations shall be in compliance with all other
city codes and ordinances.
5. No authority to grant variance. The board of adjustment shall not have jurisdiction to grant any
variance from the criteria listed in paragraph 3 or from design guidelines.
H. Public safety hazards and emergency securing measures.
1. Emergency securing of property. The code compliance division may perform emergency
measures in accordance with city codes to secure any structure designated or pending designation
in accordance with this article which constitutes a public safety hazard. Such work shall be
performed in such manner as to minimize damage to the structure's and architectural
elements. A certificate of appropriateness is not required. The superintendent of the code
compliance division shall give notice of such emergency securing measures to the historic
preservation officer.
2. Notice of demolition by city. The City of Fort Worth shall not allow demolition, demolish or
order to be demolished, in whole or in part, property designated or pending designation as highly
significant endangered, historic and cultural landmark or 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 H. The building official or the superintendent of
the code compliance division shall notify the historic preservation officer of the intent to demolish
such structure. The historic and cultural landmarks commission and the historic preservation officer
shall be given an opportunity to discuss with city officials and the owner the feasibility of taking
emergency measures to secure or stabilize the structure or property and to delay the demolition so
that other alternatives may be considered. After any emergency measures are taken, the historic
preservation officer shall meet with city officials to review the condition of the structure or property
and any plans for rehabilitation. If, after ten days from the date of the notification to the historic
preservation officer, the historic and cultural landmarks commission finds that no feasible plan for
further protection of the structure or property has been developed, a certificate of appropriateness
shall be issued by the historic and cultural landmarks commission for demolition of the structure or
property. When appropriate, the historic and cultural landmarks commission may make a
recommendation to the city council or other entities or persons about the feasibility of rehabilitation
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based on a report from the historic preservation officer. Demolition shall be the alternative of last
resort and shall occur only if there is no economically feasible way to rehabilitate the structure or
property.
I. Salvage plan. In connection with any certificate of appropriateness for demolition, relocation or other
work on a structure or property designated or pending designation as highly significant endangered or
historic and cultural landmark or located in an area designated or pending designation as an historic and
cultural landmarks district, the historic and cultural landmarks commission may prepare and submit a
salvage plan to the owner. Such plan may suggest salvage and preservation for reuse in restoration
elsewhere, specified classes of building materials, architectural details, ornaments, fixtures and the like.
The historic and cultural landmarks commission may require such owner to comply with the salvage plan
as a condition for issuance of a certificate of appropriateness. Compliance with a salvage plan may not be
imposed as a condition for issuance of a certificate of appropriateness for demolition of property
designated demolition delay; however, the historic and cultural landmarks commission may reduce the
maximum 180 day delay period in consideration of compliance by the owner with a salvage plan.
J. Miscellaneous provisions.
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November 8, 2002
To: Sanger Downtown Area Committee
Fr: Samantha Renz, Assistant City Secretary
Re: Attached Ordinance
The attached ordinance is from the City of Bastrop. I received this after the packet
was put together. Please review for the meeting.
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1., I
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ORDINANCE NO.
AN ORDINAE AMENDING AND SUPERSEDING THE IIP, IIISORIC
PRESERVATIO 1 OVERLAY SECTIONS OF EMBIT A, CHAPTER 12, Z NING
ORDINANCE, F THE CITY OF BASTROP E
AMENDED;
GATING THE BASTROP HISTORICOF ORDINANCES OF 19 AS
LANDMARK COMMIS ION;
PROVIDING TjC INCENTIVES TO ENCOURAGE mSTORIC PRESERVA ON;
iySTABLISHTN �'ENALTIES FOR VIOLATIONS; AND PROVIDING AN EFFE TIVE
DATE. I'
WHEREAS? Cha h , r 211, TEXAS LOCAL, GOVERNMENT CODE, Section 211 o 003 pr�,A es
that in the case o signated places and areas of historical, cultural, or architectural importance
and significancei'the governing body of a municipality may regulate the co;nstrtiction,
reconstruction, a ation, or razing of buildings and other structures; and
WHEREAS, the ! A Council of the City of Bastrop, Texas, finds it necessary to enhan a the
public health, sa and welfare of the City through the preservation of historic and c ' tural
1p
structures and p 1 AAA' s, to protect and enhance property values through the restoratioO and
rehabilitation of nificant and historic landmarks, and to increase the vitality and top' tism
attraction to the and its historic areas; NOW THEREFORE:
BE IT ORDAII BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXASI;
Part 1: That the strop City Code, Chapter 12, Exhibit "A," Zoning Ordinance, Artigle II,
Section 201, "E lzshment of Districts," HP, Historic reservation Overlay, is hereby
amended and su ' seded by the i�iston' Landmark Preservation Ordinance, which i shalt
hereafter read as tows:
SeCtiQn 1. General
The City Council ! ; �' Bastrop hereby declares that as a matter of public policy the protection,
enhancement, and , 'rpetuation of landmarks or districts of historical and cultural importance and
significance is ne $ary to promote the economic, cultural, educational, and general welfare of
the public. It is reicnized that the Giry of Eastrop represents the unique confluence of tin' and
place that shaped A' a identity I of generations of citizens, collectively and individually, and
produced signific ' :'$ storic, architectural, and cultural resources that constitute their heritage.
This act is intended,;to,
(1) p;ro1 It and enhance the landmarks which represent distinctive elements of the City
of Bastrop's histo% architectural, and cultural heritage;
'
(2) fosr 5civic pride in the accomplishments of the past;
11/08/2002 15:33
(3) a
stimulating the
(4)
(S) pr
most appropriate
fib)
values.
The following
Alteration: A
Architectural
or structures,
Building: A
to shelter any
functionally rE
Case law: ?'his
(cases) by courts
Certii�cate of
Landmazlc Co!
rur
�dN r
5123216684
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CITY OF BASTROP
and enhaztce Bast:rop's attractiveness to visitors, thereby
ny;
PAGE 03
the harmonious, orderly, and efficient growth and development of this city;
communityto economic prosperity and welfare of the community encouragilag the
of such property within the city;
stabilization, restoration, and improvements of such properties anal their
shall apply to this ordirnartce.
change in or to the exterior of a building.
Regulations governing the appearance or architectural style of
', such as a house, barn,, church, hotel, or similar construction is c ated
i�umau e use
activity. Building also may bd to refer to a historicallyi and
such as a courthouse and jail or a house and barn. i
body of law developed through hearings and judgments of specific
w.
iaten�ess: A signed and dated document evidencing the approval t�f the
for work proposed by an owner of applicant.
A docurneut or series of documents prepared by a planning
forth policies fox the future of a community.
Demolition; Anor process which destroys a site or structure in its entirely, oz v�buiclx
destroys a part a site or structure and permanently impairs its structural, histor}c or
architectural integ�r14 -
9'
Design review. " decision making process conducted by an established review committee of
a local goveratu at is guided by the terms set in the historic preservation ordinance, i
flesignt reviewf`lWes. These are a set of guidelines adopted b the commission, that d tails
P Y
acceptable alteratiO of designated properties, They are usually generously illustrate4 and
written ba a manna .,chat would be understood by most property owners.
ordinance - i�3eooric isndmarl
I'
f
PAGH 2 OP Ib
NVVIATMOWSWE
15:33 5123216684
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PAGE 04
Dtstirict: A
buildings, st
development,
Historic larrdn
out in Section
ordinance.
Historic
history,
Historic resou
historical, and
Integrity; The
characteristics t
lnveatory: A l
specified criteria
Object: The ter
that are primari
Although it .may
or environtment,
Ordin&ry
coaasidered
floor with
Overlay xorres:
and is imposed
zone must conf,
Police power:
safety, morals,
Preservation: T
and material of a
may include initi
historic building
Otd'ui&nce - Historic
ct possesses a significant concentration, ' p $ linkage, or continuity ot` sites,
es, or objects united historically or aesthetically by plan or physical
r;
A structure, building or site which satisfies two or more of the criteria set
4,p
aragraph C,2, and which is designated as such in accordance wih this
j
A district, site, building, structure, or objca significant in AnIbrican
i; engineering, archeology, or culture at the national, state, or local Ievel.
4•,
OPP
This generally is the same as a historic property. it includes archite6tural,
ological properties as well as landscape features.
+k enticity of a property's historic identity, evidenced by survival of physical
Ei foxisted during the property's historic or prehistoric period,
s ;of historic properties that have been identified and evaluated as moetitag
i significance.
abject is used to distinguish from buildings and structures those construtioos
artistic in nature or are relatively small in scale and simply cons"cted.
by nature or design., movable, an object is associated with a specific setting
h as statuary in a designed landscape.
lace: This generally refers to activities relating to a property that woild be
for common for maintaining the property, such as the replacement of a porch
or in4ind materials, It also may include other activities such as painting.
het of zoning requirements that is described in the ordinance text, is mapped,
idition to those of the underlying district. Development within the overlay
to the requirements of both zones or the more restrictive of the two.
authority of government to exercise controls to protect the public's halth,
;general welfare.
'act or process of applying measures to sustain the existing form, Mteprity,
iWing or structure, and the existing form and vegetative cover of a site. It
Ntabilization work, where necessary, as well as ongoingy maintenance Of the
rg: Tbuis refers to the planning for the continued identification and
properties and for their protection and enhancement.
z
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5123216684
CITY OF BASTROP
Rehabilitation:
and its setting as
or by the replac+
act or process of accurately recovering the form and details of a property
geared at a particular period of time by means of the removal of late] work
of missing earlier work.
Sigaiticant lan.. ' k: A structure, buIh dding, or site which satisfies two or more of the criteria
Set out in Sectioo f paragraph Co I, and which is designated as such in accordance wit fi this
ordi nce.
i
Site:.A site is thQ' IWation of a significant event, a prehistoric or histonoc occupation or activity,
or a building or ;, Vucture, whether standing, ruined, or vanished, where the location; itself
possesses historic cultural, or archeological value regardless of the value of any existing
structure.
Structure: The "structure" as used herein includes buildings and other structutes in
:;:!
addition to those 6hstructions usually intended for creating shelter.
C. historic L andxi3lark Commission Created
I
There is hereby dfeated a commission to be Known as the Bastrop Historic Landmark
Commission.
�s
(1) Tht .Commission shall consist of seven members, residents of the City of Bastrop,
to be appointed byuithe Mayor with approval by the City Council as follows:
one ha11 be an architect, planner, or representative of a design profession;
one hall be a representative elected by the Bastrop County historical Society;
:C';
and hall be a licensed real estate professional;
ono mll be an owner of an historic commercial structure or property;
one ,,hall be an owner of an historic residential structure or property;
onq fiall be a member from the City's Planning and Zoning Commission;
one thall be a general resident of the City of Bastrop.
(2) All!; 'ommission members, regardless of background, shall have a know; and
demonstrated int fit, cobapetence, or knowledge in historic preservation within the City of
Bastrop.
(3) Co ' I ission members shall serve for a term of two years, with the exceptio# that
the initial term oil ;; o members shall be one year, and two members shall be three year, and
the further except ; 1 that the member on the Planning and Zoning Commission shall sere for
,a term concuriren , Oth that member's Planning and Zoning Commission term.
IV I
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PAGE 06
y S
(4) T , t,Chairman, 'Vice Chairntan and Secretary of the Commission shall be elected
by and from the "ti° rnbers of the Commission to serve for one�year terms,
I'-
5 () Tliomamission shall be empowered to:
(a�; Prepare rulers and procedures as necessary to carry out the business of the
a.9 Commission, which shall be ratified by the City Council.
Adopt criteria for the designation of historic, architectural, and cultural
landmarks, which shall be ratified by the City Council,
Conduct surveys and maintain an inventory of significant historic,
` architectural, and cultural landmarks.
•j
1
(d) Recommend the designation of resources as significant landmarks and/or
;; historic landmarks,
(e) i Create committees from among its membership and delegate to ;these
1''., committees responsibilities to carry out the purpose of this ordinance.
ritt
(f) � ',;.;; Elect a Secretary of the Commission who shall maintain w
en minutes
iI wiliclit record all actions taken by the Colrgpo uion and the reasons for
,:; taking sorb actions, and file a copy of said nninutes with the ;City
Secxetary.
i
{g)
,1 means of certificates, plaques, or markers.
Recommend conferral of recognition upon the owners of landu
by
11
and
(h)
(i}
(7rcW�ence - Historic J,aadnuA
Increase public awareness of the value of historic, cultural,'
architectural preservation by developing and participating in public
education. programs.
5
t
Make recommendations to the city government concerning the utii12' tion
of state, federal, or private funds to promote the preservation of
landmarks and historic districts 'within the city.
1 I
Approve or disapprove applications for certificates of appropriateness,
demolitiion or removal, and economic hardship pursuant to this act,'
I
i
Hold hearings on demolition by neglect pursuant to this act.
'• Prepare and submit annually to the City Council a report summarizing the
work completed during the previous year,
}
Propose tax abatoments and other incentive programme for landmarks
r
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15:33 5123216684
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7!TCh=SY7
(6) The
teetings may be
Commission me
j�j
Meetings Act, Tes
of the full autho
The Chaianam
working in coo,
Comintission on
� addition ttt ;
coordinating the
local, state, and
There shall be
archaeologically.
The criteria to be
Significant Lando
ti.
j , Make recommendations for employment of staff and profe$sional
consultants as necessary to carry out the duties of the Commissiom
Prepare and adopt design guidelines for the exteriors of historic
landmarks, to address architectural and ge>reasl design elemeAts of
structures, including acceptable materials for construction; apprdrpriate
architectural character, scale, and detail; acceptable appurtenau�es or
additions to new or existing structures; and acceptable texture' and
ornamentation,
ormmission shall meet at least monthly, if business is at hand, Special
11ed at any time by the Chairman, or on the written request of any two
:rso All meetings shall be held in conformance with the Texas Upen
Government Code, Chapter 551.
rum for the transaction of business shall consist of not less than a ma�ority
i membership. ;
'storic P tion Officcr
e Commission shall serve as historic preservation officer. This officer,
[ion with the City Planner, shall administer this ordinance and advile the
ers submitted to it.
a$ as representative of the Commission, the officer is respoxlsible for
's preservation. activities with those of state and federal agencies and, with
anal nonprofit preservation organizations,
Section 2. Categories of Protectlon
categories of protection for historically, culturally,
ficant properties ins the City of Bastrop, as follows:
i
architecturally or
led in order to determine whether structures qualify for
ox I�istoric Landmark are as follows:
(l.) Pos',Sses significance in history, architecture, archeology, or culture,
1
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5123216684
CITY OF BASTROP
(2)
patterns of
(4)
construction.
(5)
Is
Landmark, or is
(1}
Sig Icant
(2)
Landmark if it ha
if the owner of
thereby agrees to
a pant of
3) Ua
shall be subxrtxite
of the designateG
of rye proposed�
the Commission.
same procedures
The Zoning Cain
(45) days subseq!
imnc, Ord0 - Hiarotic
i
fated with events that have made a significant contribution to they broad
!na1, state, or national history. f
fated with the lives of persons significant is our past. t
I
:s the .distinctive characteristics of a type, period, or rneth6d of
the work of a master designer, builder, or craftsman.
an established a>td familiar visual feature of the city.
;d as a Recorded Texas Historic Landmark or State
on the National Register of Historic Places.
luat Categories �
Landmark A structurebuilding or site may be designated as a
if it meets two or more of the criteria set out in subsection B. I
I (
c Landmark - A structure, builditg or site maybe designated as au. I3i�toric
eady met the criteria as a s�igreificant structure by the City of Bastropand,
property agrees to the additional designation of Historic Landmart and
aply with all procedures for a Certificate of Appropriateness.
provisions pertaining to the designation of Significant Landmarks c
ensive zonitlg ordinance and the officiai zoning map of the City of
s of pcopased Significant Landmarks shalt be ztotified prior tb the
on the recomxneztded designation. Such hearing shall be conducted ' the
�rding to the same procedures as specifically provided in the general z mug
y of Bastrop. At the Commission's public hearing, owners, inteosted
experts may present testimony or documentary evidence which will b*ome
�rding the historic, architectural, or cultural importance of the proposed
recommendation of the Caiaiaissiara, the proposed Significant Landmark
the Zoning Commission within thirty (30) days from the date of submittal
west. The Zoning Commission shall give notice and conduct its hearing
; otion within forty-five (45) days of receipt of such recoznmendadon1from
Bch hearing shall be conducted in the same manner and according t6 the
�ecifically provided in the general zoning ordinance of the City of B trop.
Sion shall make its recommendation to the City Council within fo -five
to the ]tearing on the proposed designation.
PAOB 7 OF 16 21IcmlG:1CLIENT3.RRIBASTILOPIORDSIHISTO)t7.ORri
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PAGE 09
(4)
to be held
Commissionm
and make its
the City of B
(5) �,
cause the design.
Texas. All zoni
with an approp:
designation.
(1) Foll
A said structure
Landmark.
(2) OF
approval of said;
into a contractual
guidelines adopte
the approval of
incentives contah
(a) pe$
Historic Landman
zoning district c1"
il
controlled by tho
property,
(b) If
Zoning Ordinance li
%) if
provision of the
of a specific dire
by the Conuni
Ordinat►cc- Historic
:ity Council snail schedule a hearing on the Commission's recommendation
fortyfive (45) flags of receipt of the recommendation of the honing
ity Council shall give notice, follow the publication procedure, hold haring,
nation W4 the same manner as provided in the general zoning ordinaInce of
i
designation of a structure as a Significant Landmark, the City Council shall
a to be recorded in the Official Real Property Records of Bastrop Cpunty,
naps shall be amended to indicate the Iocation of the designated stnictures
mark, and the property owner shall be notified in writing o> such
designation of a structure as an Historic Landmark, the City Council shall
t to be reflected in the tax records of the City of Bastrop. All zoning maps
indicate the location of the designated structures with an appropriate f nark,
der shall be notified in writing of such designation.
istoric .Landmarks
��ving designation of a structure as a Sigruficaxtt Landmark, ttte ownerlo!wners
gay make application to the Commission for designation as an Historic
receipt of a completed application for Historic Landmark designatio;�, and
lication by thee Commission, the ownertowners of said property may% enter
'eement with the Commssion to maintain the property according to design
r the Landmark Commission. Upon completion of this agreement and with
y Council, the owner/owners of said property shall be entitled ;to all
iz1 Section 3.
e UZnations to Zonina
Ilion of a structure by the City Council as a Significant i.andmarkf or an
intended as a zoning overlay wlzici� suppleboemts the pxivactary uudeaiyaatg
ication. The pern itted uses of the property shall be determiw4 and
regulations set for the primary zoning district classification for the
is any conflict between the design guidelines and any
most restrictive regulation seal! apply.
provision of the
is any conflict between the provisions of this Section and any other
ig Ordinance, the most restrictive xegulationt shall apply, im the Absence
to the contrary. The designation, of a property shall be subject to zreview
the Planning and Zoning Commission shall then recommend, such
PAGE 8 OF 16 2vun1G:\C1.tEN'rS.RR18ASTkoP1oRDS1FIISTQR7.oRD
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It
2'c
designation to Cx, ` Council,
Ordinance and S 1 to Law.
CITY OF BASTROP
PAGE 10
who shall be the final authority, in accordance with the Zoning
Section 3. Iacentives for Historic Landmarks
A. impose of I fives
q.._
`
The purpose of tli+ , section is to encourage historic preservations by providing incentives for the
stabilization, rehalitation and renovation of properties desi Hated as Historic Landmarks, g dmarks,
{l) �ption from City Taxes on Structure - A structure designated as an 1
landmark May be' ¢)tempt from a portion of the ad valorem taxes owed to the City of B
commencing on ft first day of the tax year following such designation, and following I
by Council of an dinance declaring such an exemption. The exemption shall relate
taxes owed on ib assessed value of the qualifying structure. The exemption sl
It
administered in thfform of a refund by the City of a portion of the taxes paid on the qua
structure, All slid refunds shall be based on a uniform percentage of the assessed
determined by th* City Council, each budget year, which can be financed by the am(
general funds apt:., priated for such refunds. It is expressly provided, however, tha
refunds shall be ess than 0, 15 % and no greater than 4.224 of the assessed value
qualifying structu The assessed value of the land on which such structure is located sb
be exempt from Ay ad valorem taxes pursuant to this section. Eligibility for su
exemption shall r ' ire compliance with all requirements of this Ordinance, including Sec
(2) Histic l:.atidmark Marker -Owners of listorc Lantdmarks shall be pres+
with an official Ca of $astrop Historic Landmark marker to so designate their structure;
costs of said mar shall be borne by the City.
C. Revimy�bv _Cit�t o it - Upon completion of the Historic Landmark. agreement, the Hip
Preservation Offie , shall forward the completed agreement to City Council for final apps
Approval by co shall constitute a finding that the structure is an historically significan
in need of tax reli , in accordance with Section 11.24 of the Texas Property Tax Code.
City Manager s4 hinsure that written notice of approval of the tax incentive is given ty
Chief Appraiser 0,ff he Bastrop County Appraisal District and to the City of Bastrop Fib
Director. Therea , ', the City of Bastrop shall provide the property with documentation
applicable tax incd; ' ve commencing on January 1 of the tax year immediately following the
in which the agree' ;'ent is finalized.
It of
such
f the
1 not
tax
�n 8.
Al
site
T'I'ie
the
F the
year
pAGB 9 OF 16 21icm1C:\Cid�NTS.RRIBAS7'ROP\pRpS\HiS"i'Ojt7.ORD
11/08/2002 15:33 5123216684 CITY OF BASTROP PAGE 11
M order to maintain eligibility for
incentives Mi acep ance with this ordinance, the owner and his representative shall not Ater or
totally or partla,' ' destroy an Historic Landmark without an approved Certificate of
,Appropriateness ; ' :5 Demolition Permit during the period of the exemption. In the event that the
landmark is 41t� or totally or partially destroyed without an approved CertificIte of
Appropriateness ' ; aDernolition permit, the owner shall restore the structure to its originI state
and, he will no to •'er be entitled to the incentives, immediately repaying to the City all Hof the
City Tax revenue ;that were not paid because of the exemption plus interest calculated; at an
IN I
annual rate of ten ercent (10%),
r
The benefits of this incentive program relating to structures
designated i�istoniare transferable and run with the property. however, even new
owner of an Hist6k must enter into agreement with the Commission to maintain the
tax benefits, If a'oes not enter into such an agreement, the tax benefits will tLease;
bowevear, no re of past tax benefit amounts will be due from the new owner14
Section 4. Certificate of Appropriateness
`
.. ,
No person shall c out any construction, reconstruction, alteration, restoration, rehabilitation,
or relocation of air historic Lu drnark, nor shall any person make any material change in the
signs, fences, or! er exterior elements visible from a public right-ofway which affect the
appearance and G' .,esiveness of any Historic Landmark without an approved Certificate of
Appropriateness.::
Xn considerin aril lication far a Certificate of A $ pp ppropriateness, the Commission sh�ll be
guided by any ad design standards, and where applicable, the following from The Secretary
of the Interior's :lards for the Rehabilitation of Historic ,buildings. Any adopted design
standards and Se4� Fry of the Interior's Standards shall be made to the property owners -of
,. .
historic landmarks;
.illIN
IN
(1) Evo reasonable effort shall be made to adapt the property 'in a manner which
requires minimal 6 ration of the building, structure, object, or site and its environment.,
+J
(2) Tha fistinguishing originral qualities or character of a building, structure, abject,
or site and its env mnent shall not be destroyed. The removal or alteration of any Witoric
material or dirt" F e architectural features should be avoided when possible,
(3) All Il Oildings, structures, objects, and sites shall be recognized as products heir
owntime. Alterat that have no historical basis and which seek to create an earlier orElater
appearance shall l Niliscouraged.
1
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:i
11/08/2002 15033 5123216684 CITY OF BASTROP PAGE 12
iPI
(4) Cintges which may have taken dace in the course of time are evidence of the
history and deve)' meat of a building, structure, object, or site and its environlent. These
changes may ha; acquired significance in their own right, and this significance shall be
recognized and riected.
(5) Dis ctive stylistic features or examples of skilled Craftsmanship Which
characterize a bui� structure, object, or site shall be kept to the greatest extent roc ical.
s p
(6) Ddt_ orated architectural features shall be repaired rather than replaced, wh¢never
possible, In the eft,° ztt replacement is necessary, the new material should reflect the to texial
being replaced in iOomposition, design, color, texture, and other visual qualities. Repair or
replacement of r1z 9sing architectural features should be based on accurate duplicatiaYls of
features, substartt' °ted by historical, physical, or pictorial evidence rather than on coniejctural
designs or the avbility of different architectural elements from other building or structtures.
(7) Th���urface cleaning of structures shall be undertaken with the gentlest
possible. bg and other cleaning methods that will damage the historic b
nnaterials shall nod % e undertaken.
($) Eve
resources affected':
(9) C1
w discouraged
architectural, or
and character of
(10) W
or sites shall be 1
in the future, the
unimpaired.
(1) No
such certificate of
appropriateness re
that may be requb
deny any applicat
have, a certificate
(2) Prig
the owrlex shall f11
(a)
Ordi la= - Tijatoric I,aMtM&
i
reasonable effort shall be made to protect and preserve archeological
r, or adjacent to, any project.
mporary design for alterations and additions to existing properties shad not
;n such alterations and additions do not destroy significant histoocal,
Ural material, and such design is compatible with the size, color, matrial,
property, neighborhood, or environment,
i
:ver possible, new additions or alterations to buildings, structures, objects,
in such a manner that if such additions or alterations were to be renloved
;ntial form and integrity of the building, structure, object, or site wo%Ad be
�iiding permit requiring a ceziifrcate of appropriateless shall be issuedc'cuntil
)propriateness lots fiirst been issued by the Commission. The certificate of
fired by this act shall be in addition to and not in lieu of any building p�xuait
.by any other ordinance of the City of Bastrop. The building official {shall
for a building permit to a structure or a site that requires, but doe,30 not
appropriateness.
Eo the commencement of any work requiring a certificate of appropriateness,
n applmcatiq for such a certificate. The application shall contain:
Name, address, telephone number of applicant, detailed descriptidn of
proposed work.
enervation PAGE 11 OF 16 2WRkC:\CLIENTS.RRNBASTRAP10Rf1S1MSTOi7.oRD
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f
s'
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5123216684
CITY OF BASTROP
PAGE 13
Y)
Cea;
Location and photograph of the property changes, if available,
s elevation drawings, photographs, or illustrations of the proposed changes,
if available.
k Samples of materials to be used.
Within thirty (30)
will be provided fps
with modifications' ;1
both review and a;.
act within seventy. +
granted.
t A:
(4} A11
shall state its find
copy shall be sent
on that property a
(S) An
Comrnissio>a relat
right to appeal in
of such action. Th
and make its deci
cityMn
(1) All
ordinance shall coif;
of the building ipt
compliance. In the
appropriateness,. ft
shall immediately
work is in effect.
MWAM • Hfatork Land=i� 1
If the proposal includes signs or lettering, a scale drawing sho
type of lettering to be used, all dimensions and colors, a desct
materials to be used, method of illumination (if any), and a plan
the sign's location on the property.
Any other inforrnation which the Cotxumission may order
order to visualize the proposed work.
necessary
nn�ission shall review the application at a regularly scheduled
from the date the application is received, at which time an opi
applicant to be heard. The Commission shall approve, deny, or
permit, within forty-five (45) days after the review meeting, p.
may occur at the same meeting. In the event the Commitssion
(75) days of the receipt of the application, a permit will be
in
not
visions of the Commission shall be in writing. The Commission's dedision
pertaining to the approval, denial, or modification of the application, A
the applicant. Additional copies shall be filed as part of the public r cord
dispersed to appropriate city departments, e.g., building inspection.
ilicant for a certificate of appropriateness dissatisfied with the action Of the
to the issuance or denial of a certificate of appropriateness shall hale the
ring to the City Council within thirty (30) days after receipt of notification
'Council shall give notice, follow publication proceddure, hold hearings,
t in the same manner as provided in the general zoning ordinance the
i
performed pursuant to a certificate of appropriateness issued uncles; this
to asay conditions os- requirements included therein. It shall be the {duty
or or his designee to inspect periodically any such work to assure
st work is not being performed in accordance with the certificate of
ding official or his designee shall issue a stop work order, and all work
No further work shall be undertaken on the project as long as a; stop
PAt3B 12 OP 16 2�jcm1C:1CLIfiNTS.R1t�eAsiROP1ORDS1HY5Ta1�7.ORD
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1190TWOMMINTMOTIN
PAGE 14
t2) �
corrective actooi
or requirements
(1) If
or historic landx
Commission. '1~1
after the applicat
day's written not
of repair of the b
potential usefuln
preserving the str
andd all other fact
�p work order may be lifted following submission and approval of plus for
work, or Oother plans to bring the project into compliance with the conditions
the certificate of appropriateness or other approvals. j
Section 5. Demolition ]Permits
ation.p„rocedure
application is received €or dentolitiona or removal of a designated significant
k, the building official shall immediately forward the application io the
; OMMIssiorn shall hold a public hearing on the application within days
is initially filed with the building official. The applicant shall be given test
of the hearing. The Coriilmissiorn shall consider the historic value, then state
Ping, the reasonableness of the cost of restoration or repair, the existing and
including the economic usefulness, of the building, the reasons for
ure as a significantor historic landmark, the character of the zneighborfhood,
it funds appropriate.
If the Commission ;determines, based on the evidence presented, that the cast of restoration or
repair would rend, $. the property incapable of earning a reasonable return, or if the com�mj'ission
determines that t : ;. interest of preserving historic values will not be adversely affected by such
demolition or rem !¢al or that the interest of preserving historical values can best be servhd b
the removal of the! "eture to another specified location, it shall issue a certificate of demoijition
or a certificate of! i Omoval to the building official, and the building official shall so advise the
applicant within fii,'t6 days therefrom.
(2) If ad action has been taken by the Commission within sixty days of original
;
receipt by the Cd�ssion of the application, a certificate of demolition or a certific to of
removal shall be. timed issued by the landmark commission and the building official shall so
advise the applica0l . I it
(3) Aft' � a decision is reached by the Commission denying ant applicatiott for a
certificate of dexrt` , lion ar a certificate of removal (either of whicki may be appealed toi City
Council), a resub' ' #tat of application for such certificate will not be accepted for additional
hearing within a If ilve-month period from the date of final decision, unless the Commission
III A
deter>iaotino, after � lee wWg a written request of the application, that there has been a change in
conditions sufficii'to warrant an earlier rehearing, ;
,.
..
B. Nona'catiotti bf Demolition Procedure l
Subsection A of tl section shall not apply whenever the city engineer, the building official or
Wit
the fire marshal p eds under Bastrop City ordinances dealing with unsafe buildings, Insuch
case, the city con ` il, after the appropriate notice and hearing, may order the building or
structure or part of repaired, removed or demolished as provided by City ordinance without
regard to the "Fiisf. ;14( designation on the building or structure or part thereof; but in no event
nay the City Cou4i take such action unless it determines that the building or structure of part
i
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11/08/2002 15*33 5123216684 CITY OF BASTROP PAGE 15
thereof is unsafe!:
d dangerous so as to endanger persons or property or is a fire hazard, and
that such danger o Ihazard is so great and so immediate that Subsection A of this section ihould
be cvrcumvented: tea prevent immediate and substantial harm to persons or property. Such a
determination by e City Council shall be final and there shall be no appeal,
; Section 6. Economic Hardship
A. Economic Hai&hpAApplication Procedure
(1) A receiving written notification from the Commission of the denial of a
certificate of a r"11 : riateness, or an application to demolish, an applicant may commence the
hardship process. b building permit or demolition permit shall be issued unless the Commission
makes A finding th hardship exists,
(2) "W>sdh a claim of economic hardship is made due to the effect of this ordinance;
the owner must piwe that:
(a);: the property is incapable of earning a reasonable return, regardless of
whether that return represents the most profitable return possible;
IF the property cannot be adapted for any other use, whether by the current
s owner or by a purchaser, which would result in a reasonable return.; and
IF
ti
(c) F efforts to fmd a purchaser interested in acquiring the property and
:t,; preserving it have failed.
(3) Theplicant shall consult in good faith with the Commission, local preservation
groups and inter ed parties inn a diligent effort to seek an alternative that will result in
IF
preservation of thelproperty. Such efforts must be shown to the Commission.
(4) The commission shall hold a public hearing on the application within sixty (60)
days from the da the application is received by the either the building inspector ar the
preservation ot'ficei;' Following the hearing, the Commission has thirty (30) days in which to
prepare a written ,commendation to the building inspector or other official, In the event that
the Commission d s not act within ninety (40) days of the receipt of the application, a pfermit
may be granted bythe building inspector.
(5) All!; ` cisions of the Commission shall be in writing. A copy shall be sent to the
applicant b certii mail and a copy filed with the city clerks office for public inspection ,
FF Y The
Commission's deb` on shall state the reasons for granting or denying the hardship application,
(6) An `pplicant submitting a hardship application, dissatisfied with the action of the
Commission relati to the approval or denial of such application shall have the right to appeal
in writing to the C", , Council within thirty (30) days after receipt of notification of such action.
The City Council; all give notice, follow publication procedure, hold hearings, and mae its
it
decision in the sail manner as provided in the general zoning ordinance of the city.
7il
il
Ordinance is Historic Landmaik kraservatton PAOS 14 OF 16 2ycm1C;1CLIENTS.RRIBASTROPl0RAS1H MR7,ORD
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°�ZI
15:33 5123216684
CITY OF BASTROP
PAGE 16
11J08/2002
' F�
Nothing iia this
any exterior arc]
design, materia
mairitenan�ce. I�
maintenance. P
building permit.
amaintenance un�
preserv$tion offs
;�,J i
;i
-c
u
�F
Section 7. Ordinary Maintenance
,r � ,finance shall be construed to revent the ord' '
p mary maintenance and repair of
,., total feature of a landmark or property which does not involve a change in
".ipr outward appearance. Exterior paint color is included as or�inary
'''" d replacement or repair is included in this definition of ordinary
' ' Y'ded, however, that this section shall not eliminate any requirement> for a
` the building inspector believes that the work does riot constitute ordinary
e, � the terms of this section, he shall refer the applications to the h#staric
�..,
'' ` Section 8, Demolition 6y Neglect
�f,�
!a. Just ui uciuux�iu�u ,�,y l�tc�c�t y
,�.
No owner or perk; ,� with att interest in real property designated as a Significant or i-I�storic
Landmark shall p�,nit the property to fall into a serious state of disrepair so as to result }n the
deterioration of ' ' ? exterior architectural feature which would, in the judgment cif the
Commission, prod ��;e a detrimental effect upon the character of landmarl� as a whole or tt� a life
and character of property itself. Examples of such deterioration include:
(1) Det��ioration of exterior walls or other vertical supports.
,,� �
;. �.:.
(2} Det��7oration of roofs or other horizontal members.
�:,:,
(3) Det��ioration of exterior chimneys. '.
t
;i.
(�) Dex�i�ioration or orumblittg of exterior stucco or mortar.
;�,,
(5) Ind ���ctive waterproofuig of exterior walls, roof, or• foundations, including b�rokcn
, windows or doors;;. ,
,.;
(b) Det$�ioration of any feature so as to create a hazardous condition which could lead
to the claim that �niolitioa is necessary for the pablic safety, '
.`
(1) U� ;4., notification to the Commission of such a state of disrepair, the Cosntr�ission
shall notify the a ,, er in writing, informing the owner of the complaint and specifics �f the
alleged deteriorate ; :�, requesting that th;e owner appeax before the Commission for a fuller and
z�aore accuxate de�tion of the existence of detrimental deterioration. s
;�;
!' '�''+ .
(2) If,; r a heann►g before the Camtnission, the COmm�ission deternunes that the
deterioration has � aced a detrimental effect as described ita subsection A of this section, the
owner shall be g a reasonable time and opportunity to cure the deterioration by restojration
or other appropr�;;; actions. 'f'he owner must comply with all requirements of requesting a
r �rv�lotl PAGE 15 OF 16 2�jctn\C�1CLiBNTS.RRIHASTRUI�10RU51HiS'1't�R7.ORD
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11/08/2002 15:33 5123216684 CITY OF BASTROP PAGE 17
94
pp..
certificate of a � ' riateness from the commission, This may be requested at the time �Of the
hearing in Paragara' (1), Failure of the owner to cure the deterioration within the time specified
by the Commiss , shall cause the structure to be ineligible in that tax year far ttl�e tax
exemption describ : in Section 3.B,(1) above.
(3) A pxiperty owner dissatisfied with the action of the Commission rela#iil to a
commission find ih in Section 8 shall have 'the right to appeal iu writing to the City Council
within thirty (30)id 1
lys after receipt of the Commission finding.
I
y
F Section 9. Penalties
;5 f
.I
Violators of any 00we provisions set out above shall be cited and subject to a fine not to eptceed
the amount as set in Chapter 1, Article 1.100, Section 1.106, of the 1995 Bastrop City'Code
of Ordinances, as' ended.
Part 2; That all ¢r Code provisions, ordiimces, or City requirements in conflict with this
Ordinance are he repealed to the extent of such conflict.
part 3: That the provisions of the City Code regarding severability apply to this ordinance.
That this a'; < ; shall take full force and effect upon passage by the City Council and
upon publication ' • :`accordance with the State Statutes. However, no tax exemptions shall take
effect until Octobe +i, 1999.
PASSED BY THt PASTROP CITY COUNCIL ON THE 13 DAYOF October , 1998,
APPROVED, „ ATTEST: i
:i-
Tom Scott, Mayot
Roy RutXand, III,
ficdinnnoe - Hwtoric l.andnwrlt'
FORM:
Attorney
Heather G, Ambrose, City Secretary
XAOB 16OF 16 2�jcm1C:\CLIBN.fS,xtR�ASTROP�ORDS\HISTOit7.ORD