(a) Purpose and intent. As a matter of public policy, the identification, protection, enhancement, and perpetuation of landmarks or districts of historical, cultural, architectural, or archeological significance are necessary to safeguard and promote the economic, cultural, educational, and general welfare of the public. It is recognized that Fort Worth represents the unique confluence of time and place that has shaped the identity of generations of citizens, collectively and individually, and has produced significant historical, cultural, architectural, and archeological resources that exist as the visual and tangible evidence of cultural identity. This § 4.401 may be referred to as the Historic Preservation Ordinance. The provisions of the Historic Preservation Ordinance are intended to:
(1) Encourage the identification, documentation, evaluation, and recording of resources that may have significance and integrity that reflect the cultural heritage of Fort Worth;
(2) Protect, preserve, and perpetuate the cultural heritage of Fort Worth, including its landmarks and districts of historical, cultural, architectural, or archeological importance;
(3) Facilitate education and awareness opportunities for the benefit of elected officials, appointed bodies, city departments, and the public at large regarding the cultural heritage of Fort Worth and the benefits of utilizing historic preservation to achieve the goals and vision of Fort Worth;
(4) Foster civic pride by recognizing accomplishments of the past;
(5) Promote the cultural heritage of Fort Worth, celebrate the economic prosperity and welfare of the community through the preservation of Fort Worth's cultural heritage, and recognize the support and stimulus to the economy provided by residents and visitors alike; and
(6) Safeguard the significance of Fort Worth's cultural heritage by ensuring managed change that is appropriate to its historic context.
(1) Appointment. The City of Fort Worth, through a departmental director designated by the city manager, must appoint a historic preservation officer ("HPO"), who has expertise in archaeology, history, architecture, historic architecture, historic preservation, or a closely-related field and meets the relevant Secretary of the Interior's Professional Qualifications Standards.
(2) Powers, duties, and responsibilities. The HPO has the following powers, duties, and responsibilities:
a. Administer the city's Certified Local Government Program in cooperation with the National Park Service and the Texas Historical Commission and coordinate the city's historic preservation activities with those of state and federal agencies;
b. Act as staff liaison to the historic and cultural landmarks commission ("HCLC") and advise city departments, commissions, and city council on matters relating to the city's cultural heritage;
c. Manage and maintain the historic resource survey in consultation with the HCLC and in accordance with this Historic Preservation Ordinance;
d. Administer the city's historic site tax exemption program;
e. Except as specifically set forth otherwise in this Historic Preservation Ordinance, review all applications required under this Historic Preservation Ordinance for completeness and appropriateness;
f. Coordinate with local, state, and national nonprofit preservation organizations and advise property owners, architects, designers, realtors, contractors, and other decision-makers on matters relating to the city's cultural heritage; and
g. Exercise such other and further powers as may be conferred on the HPO by this Historic Preservation Ordinance or any other city codes and ordinance.
(1) Establishment of historic overlay categories. There are three categories of protection for historically, culturally, architecturally, or archeologically significant properties in Fort Worth, as follows:
a. Highly significant endangered ("HSE");
b. Historic and cultural landmark, if an individual structure or site ("HC"), or historic and cultural landmarks district, if more than one structure or site ("HC District"); and
c. Demolition delay ("DD").
(2) Criteria for designation. The following criteria, as well as the criteria applied to evaluate districts for inclusion in the National Register of Historic Places, must be used to establish the significance and integrity of property or neighborhoods and their features and to evaluate the eligibility of a property as a historic property or HC District:
a. Significance.
1. Is distinctive in character, interest, or value and exemplifies the cultural, economic, social, ethnic, or historical 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 or embodies elements of architectural design, detail, material, or craftsmanship that represent a significant architectural innovation in 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 Fort Worth.
4. Has been 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.
5. Bears a significant relationship to other distinctive buildings, structures, sites, objects, 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 event.
8. Is designated as a Recorded Texas Historic Landmark, State Archeological Landmark, or an American Civil Engineering Landmark or is listed on the National Register of Historic Places.
b. Integrity. A property's ability to convey its significance, taking into consideration the following seven factors: location, design, setting, material, workmanship, feeling, and association, as set forth in National Register of Historic Places' Seven Aspects of Integrity.
(3) Eligibility for designation.
a. Eligibility for HSE designation. An individual property may be designated HSE if it meets the following qualifications:
1. Three or more of the criteria for significance;
2. The necessary criteria for assessing integrity; and
3. Threatened by deterioration, damage or irretrievable, irreplaceable loss due to neglect, disuse, disrepair, instability, lack of financial resources, development pressures, or demolition.
b. Eligibility for HC and HC District designations.
1. Individual property. An individual property may be designated as HC if it meets the following qualifications:
i. Two or more of the criteria for significance; and
ii. The necessary criteria for assessing integrity.
2. District.
i. An area, which includes two or more properties that possesses a significant concentration, linkage, or continuity of buildings, sites, structures, or objects united historically or aesthetically by plan or physical development, may be designated as a HC District if it meets the following qualifications:
A. Three or more of the criteria for significance; and
B. The necessary criteria for assessing integrity; and
C. Where a proposed HC District is composed of a single geographic area of contiguous properties, then at least 51% or more of the historic properties in the district must be contributing; or
D. Where a proposed HC District is composed of two or more definable significant areas separated by nonsignificant areas, then the historic properties must be spatially discrete.
ii. An existing HC District may be amended or otherwise altered to include additional properties or settings provided that such properties and settings (1) meet the criteria for HC District designation and (2) have a similar historic context and character that reasonably relates to the existing HC District, either by architectural, historical, or cultural motif.
c. Eligibility for DD designation. A property may be designated DD if it meets the following qualifications:
1. One or more of the criteria for significance; and
2. The necessary criteria for assessing integrity.
(4) Criteria and special considerations for removal or change of historic designation.
a. Criteria.
1. Subject to any special considerations, the HSE, HC, HC District (either in whole or in part), or DD designation may be removed for the following reasons:
i. The individual property or HC District, either in whole or in part, no longer conforms to the criteria for significance and integrity under this Historic Preservation Ordinance; or
ii. Such designation creates an unreasonable economic hardship in accordance with the provisions of this Historic Preservation Ordinance.
2. The DD designation may be removed if it no longer conforms to the criteria for significance and integrity or changed to HC or HSE if it satisfies the applicable criteria for significance and integrity. The DD designation must be removed if the property is demolished in accordance with this Historic Preservation Ordinance.
3. Any historic property designated as HC may be changed to HSE if the property meets the designation criteria for HSE, even if the property is part of a HC District.
b. Burden of proof. The party seeking removal of a designation has the burden of proving, by a preponderance of the evidence, that the subject property no longer satisfies the criteria for designation.
c. Special considerations.
1. HC District designation removal. The HC District designation may be removed only from a district as a whole and not from individual sites or structures located within a HC District, except when the boundary of an existing HC District has been reduced in accordance with this Historic Preservation Ordinance and then, removal of such designation will only apply to those properties that have been excluded from the reduced boundary.
2. HSE designation removal. The party seeking removal of a HSE designation on the basis that such property is no longer endangered must simultaneously nominate such property for designation as HC. The requests for removal of the HSE designation and designation of such property as HC must be considered and decided concurrently; provided, however, the city council is not required to designate such historic property as HC upon removal of a HSE designation.
3. DD change to HC District. If a historic property designated as DD is subsequently nominated as, or becomes, part of a HC District, then such property will be subject to all applicable interim controls and elevated to HC District designation upon approval by the city council.
4. HSE in HC District. Any historic property designated as HSE will retain such HSE designation if it is subsequently nominated as, or becomes, part of a HC District, except as otherwise set forth in this Historic Preservation Ordinance. Any historic property designated as HSE within a HC District must comply with the standards and guidelines applicable to the HC District within which it is located.
(5) Procedures for designation and designation removal.
a. Step 1: nomination for designation and designation removal.
1. City council.
i. The city council may nominate an individual property or HC District for historic designation or designation removal by adopting a resolution to nominate such and directing the HPO to submit the same to the HCLC for consideration. Nominations by the city council will not require the submission of an application for designation; however, the HCLC may not consider a nomination until such time as the HPO acquires the information necessary to report on the eligibility and criteria applicable to the nomination.
ii. The nomination of an individual property or HC District for historic designation or designation removal by the city council will be deemed to have been nominated on the effective date of the adopted resolution.
2. HCLC. The HCLC may initiate the nomination process for historic designation or designation removal of an individual property or HC District by adopting a resolution directing the HPO to submit a complete application for designation or designation removal to the HCLC for consideration. The HCLC may not consider such application until its next regularly or special-called meeting.
3. City manager. The Fort Worth city manager or that person's authorized designee may initiate the nomination process for historic designation or designation removal of an individual property or HC District by directing the HPO to prepare and submit a complete application for designation to the HCLC for consideration.
4. Property owners. Property owner(s) of an individual property or a property within a proposed HC District may initiate the nomination process for historic designation or designation removal by submitting a completed and signed application to the HPO.
5. i. Application. The application for historic designation and designation removal will be promulgated by the HPO; provided; however, that the application must, at a minimum, require a detailed summary explaining how the subject property or HC District meets the criteria necessary for historic designation or designation removal, as applicable.
ii. HC District. In addition to the application requirements set forth above, an application for HC District designation, including any related historic district expansion, or designation removal, including any district reduction, must contain the following:
A. A windshield survey that consists of a completed survey form and photograph of every property, their settings, streetscapes, and unique characteristics of the HC District.
B. Draft standards and guidelines or a copy of the Secretary of the Interior's Standards for the Treatment of Historic Properties for a proposed HC District. HC District design standards and guidelines must, at a minimum, meet the requirements of the Secretary of the Interior's Standards for the Treatment of Historic Properties.
C. A list of contributing and non-contributing resources for the HC District.
D. Research that establishes the significance of the property in the proposed HC District, which includes a statement of significance.
E. Signatures of property owners in support of the application who collectively own:
(i) Fifty percent or more of the land and the individual tracts, parcels, or platted lots located within the following boundaries:
(A) For HC District designation removal, the existing HC District;
(B) For HC District designation, the proposed HC District; or
(C) For HC District expansion, both the proposed expanded HC District and existing HC District.
(ii) Two or more platted lots developed together will be counted as one lot.
(iii) Each vacant platted lot of sufficient size to be developed under the current zoning designation for the property will be counted as one lot.
6. Effective date of nomination. An individual property or HC District for which an application for historic designation or designation removal has been submitted by the HCLC, city manager, or property owner(s) will be deemed to have been nominated for such on the date that the HPO determines an application for designation or designation removal, as applicable, to be complete.
b. Step 2: notice of nomination for designation or designation removal and interim controls.
1. Notice of nomination for designation or designation removal.
i. Upon being nominated, the HPO must mail a notice of nomination for historic designation or designation removal, as applicable, to all affected property owner(s) at least ten calendar days before the scheduled HCLC hearing.
ii. For individually- nominated properties, the affected property owner is the owner or owners of the property that is the subject of the application.
iii. For nominations of HC District designation or designation removal, the affected property owners are each individual property owner within the HC District; provided, however, that HC District expansion nominations must also include each individual property owner within the proposed expansion area.
iv. The most recently approved county tax roll showing the name and address of the owner(s) must be used for notice purposes.
2. Interim controls. The city council finds that immediate, temporary controls are necessary to protect properties for which a notice of nomination for historic designation as a historic property has been mailed. Therefore, any property for which a notice of nomination as such has been mailed will be subject to the Certificate of Appropriateness ("COA") requirements contained in this Historic Preservation Ordinance, effective beginning on the date that the HPO mails a notice of nomination and expiring 180 days thereafter or until the proposed historic designation is denied, whichever is sooner. In the event that the proposed historic designation is approved, the property will be subject to all COA requirements applicable to such historic designation. Permits issued by the city prior to the effective date of the interim controls will not be subject to interim controls or the COA requirements. Interim controls do not apply to historic designation removals.
3. Relief from interim controls.
i. It is the intent of the city council to preserve historic property whenever possible, in recognition of the fact that historic properties have been needlessly demolished, resulting in vacant lots.
ii. The owner(s) of the property for which the interim controls apply may seek relief from the interim controls by doing the following:
A. Requesting a COA in accordance with this Historic Preservation Ordinance; or
B. Filing a written request with the HPO within ten calendar days after receipt of the notice of nomination, detailing any unusual and compelling circumstances justifying such relief.
(i) HCLC hearing. The HCLC must conduct a hearing on the matter within 15 calendar days after the request for relief is filed. The HCLC 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.
(ii) HCLC decision. In the event that the HCLC finds unusual and compelling circumstances justifying relief from the interim controls, then the HCLC may, for properties nominated by application, approve the request and order any of the following:
(A) Expedite review of the nomination;
(B) Reduce the term of the interim controls;
(C) Release the owner from such controls; or
(D) Take such other action as the HCLC deems to be appropriate.
(iii) City council. For property that is nominated by the city council, any approval and order of the HCLC will be a recommendation for consideration by the city council.
c. Step 3: consideration by the HCLC.
1. The HPO must schedule a hearing before the HCLC for consideration of the historic designation or designation removal within 45 calendar days after the effective date of a nomination, or as soon thereafter as is reasonably practicable.
2. After conducting a hearing on the matter, the HCLC must recommend approval or denial to the city council or continue the designation or designation removal to a certain date.
d. Step 4: consideration by the zoning commission.
1. The matter must be submitted to the zoning commission for its review and recommendation within 45 calendar days after the HCLC makes it recommendation, or as soon thereafter as is reasonably practicable.
2. The zoning commission must give notice and conduct its public hearing on the matter in accordance Chapter 3 of the city's Zoning Ordinance.
e. Step 5: city council hearing and action.
1. After both the HCLC and Zoning Commission make their recommendations, the matter must be submitted to the city council for its review and consideration.
2. The city council must give notice and conduct a hearing on the matter in accordance with Chapter 3 of the city's Zoning Ordinance.
f. Step 6: post designation and designation removal requirements.
1. Recording of designations on zoning map. Upon designation as a historic property, the city's zoning administrator will cause the appropriate designation to be recorded on the official zoning maps of the City of Fort Worth. All zoning maps must indicate the appropriate overlay abbreviation and the marks indicating the primary underlying zoning district classification. HC District may be recorded as either HC District or HC.
2. Filing of designations in property records. Property owners that file an application for designation must record the applicable designation in the official property records of the county in which the property is located within ten calendar days of designation by the city council and provide proof of such filing to the HPO. Proof of recordation by the property owner must be provided to the HPO prior to the receipt of any subsequent historic site tax exemption from the City of Fort Worth. For city-initiated designations, the zoning administrator is responsible for filing such designation in the official property records of the county in which the property is located.
3. Post-designation removal requirements. Within ten business days after the city council approves the removal of the applicable historic designation, the zoning administrator must remove such historic designation from the official zoning maps of the City of Fort Worth and record such designation removal in the official property records of the county in which such property is located.
(6) Relationship to base zoning districts.
a. Except as otherwise set forth in the city's Zoning Ordinance, designation of a property by the city council as HSE, HC, HC District, or DD is a zoning overlay to the primary zoning district classification. The permitted uses of the property will be determined and controlled by the use regulations set forth for the primary zoning district classification for the property.
b. Historic properties, including those in a HC District, are subject to the regulations of the base zoning district classification. However, where the adopted design standards and guidelines of a HC District or the Secretary of the Interior's Standards for the Treatment of Historic Properties, whichever is more restrictive, require a more historically appropriate yard setback, building height, lot dimension, or site configuration than the base zoning district allows, then the design standard and guidelines or the Secretary of the Interior's Standards for the Treatment of Historic Properties, as appropriate, will prevail. However, in no instance will this relieve the requirement for a variance from the board of adjustment in compliance with the provisions set out in this or any other city ordinance.
c. For all instances where this Historic Preservation Ordinance will be applied, the prevailing precedence will be as follows:
1. Chapter 4, Article 4 of the city's Zoning Ordinance for all matters of process, procedure, and regulation.
2. The adopted standards and guidelines for a HC District and Secretary of the Interior's Standard for the Treatment of Historic Properties for all matters of rehabilitation, restoration, or preservation.
3. All other City of Fort Worth ordinances, regulations, or policies as they may apply to any action described within this Historic Preservation Ordinance.
d. In no instance will the provisions of this Historic Preservation Ordinance be construed to exempt any issue of life safety or to provide relief from the provisions of the adopted building code without the written consent of the chief building official.
e. If there is any conflict between the adopted design standards and guidelines and any provision of this Historic Preservation Ordinance, the most restrictive will apply.
f. If there is any conflict between the provisions of this Historic Preservation Ordinance and any other provision of the city's Zoning Ordinance, the most restrictive regulation will apply in the absence of a specific directive to the contrary.
g. The board of adjustment does not have jurisdiction to grant a variance from the Secretary of the Interior's Standards for the Treatment of Historic Properties or any design standards and guidelines applicable to historic properties that have been adopted by the city council.
(7) Design standards and guidelines. The following are the procedures for creating, amending, or updating design standards and guidelines and lists of contributing historic properties.
a. Creating or amending design standards and guidelines.
1. Property owners that submit an application to nominate a property as HSE, HC, or HC District, must submit, with the application, a set of proposed design standards and guidelines following the principles set forth in the Secretary of the Interior's Standards for the Treatment of Historic Properties. The standards and guidelines must be prepared by the applicant with the assistance of the HPO. The applicable design standards and guidelines must be adopted concurrently with the designation of the property.
2. The HPO must review design standards and guidelines on a periodic basis to determine if updates or amendments are necessary.
3. Any amendments or updates to an individual property or HC District's design standards and guidelines, or the creation thereof if none were adopted at the time of historic designation, must, at a minimum, meet the requirements of the Secretary of the Interior's Standards for The Treatment of Historic Properties.
b. Process for creating and amending standards and guidelines.
1. Step 1: request to create or amend standards and guidelines.
i. City council or HCLC. The city council or HCLC may request amendments to any adopted design standards and guidelines, or the creation of standards and guidelines if none were adopted at the time of historic designation, by adopting a resolution directing the HPO to submit recommendations to the HCLC for consideration.
ii. HPO. The HPO may initiate the process for amending any adopted design standards and guidelines, or creating standards and guidelines if none were adopted at the time of historic designation.
iii. City manager. The city manager or that person's authorized designee may request amendments to any adopted design standards and guidelines, or the creation of standards and guidelines if none were adopted at the time of historic designation, by directing the HPO to initiate the process for such.
iv. Property owners. The property owner(s) of a historic property or those within a HC District may request amendments to their adopted design standards and guidelines, or the creation thereof if none were adopted at the time of designation, by submitting a petition in support of the request to the HPO. For HC Districts, the petition must be signed by property owners that own 50% or more of the land and the individual tracts, parcels, or platted lots located in the HC District.
2. Step 2: notice and community outreach.
i. The HPO must notify the affected property owners that the design standards and guidelines are under review for amendments or that the creation of design standards and guidelines is being considered if none were adopted at the time of historic designation. For purposes of this process, the affected property owners will be the same as those set forth in the notice of nomination for historic designation section of this Historic Preservation Ordinance.
ii. The HPO must meet with property owners in the affected HC District to discuss the proposed design standards and guidelines prior to scheduling a review by the HCLC.
3. Step 3: consideration by the HCLC.
i. Once the HPO has sent notice and conducted community outreach, and the proposed design standards and guidelines have been prepared, the HPO must schedule a hearing before the HCLC for consideration and send notice of such hearing to all affected property owners.
ii. After conducting a hearing on the request to amend or create design standards and guidelines, the HCLC must recommend approval, with or without revisions, or denial to the city council or continue the request to a certain date.
4. Step 4: consideration by the zoning commission.
i. After the HCLC makes its recommendation on the request to amend or create design standards and guidelines, the request must be submitted to the zoning commission for its review and recommendation.
ii. The zoning commission must give notice and conduct its public hearing on the request in accordance with Chapter 3 of the city's Zoning Ordinance.
5. Step 5: city council hearing and action.
i. After the HCLC and the zoning commission make their respective recommendations on the request to amend or create design standards and guidelines, then the request must be submitted to the Fort Worth city council for its review and consideration.
ii. The Fort Worth city council must give notice and conduct a hearing on the request in accordance with Chapter 3 of the city's Zoning Ordinance.
c. Adopted standards and guidelines. The adopted standards and guidelines must be used by the city staff in implementing the intent and purpose of this Historic Preservation Ordinance. Invalidation of any portion of the design standards and guidelines will not affect the validity of any other provisions. Any then existing design standards and guidelines will remain in effect until the city council approves any amendments or revisions to the same.
(8) Creating or amending a contributing historic properties list. The list of contributing historic properties for a HC District may be created or amended, as needed, in accordance with the criteria and procedures set forth herein.
a. Creating or amending a contributing historic properties list.
1. Property owners that submit an application to nominate properties as HC District, must submit a list of contributing and non-contributing historic properties within the proposed HC District with the application. The list must be prepared by the applicant with the assistance of the HPO. The owners of properties nominated for designation as HC District by the HCLC, City council, or city manager will cooperate with the HPO in the preparation of said list. When submitted with an application for historic designation, the list of contributing and non-contributing historic properties should be adopted concurrently with the designation of the HC District. In the event that the list is not adopted at the same time as the designation of the HC District, the procedure below for creating a new contributing and non-contributing historic properties list will apply.
2. The HPO will review the lists of contributing and non-contributing historic properties for each HC District on a periodic basis to determine if updates or amendments are necessary.
b. Initiation of the process.
1. City council or HCLC. The city council or HCLC may adopt a resolution directing the HPO to conduct an evaluation of the contributing status of historic properties within an existing HC District.
2. HPO. The HPO may initiate the process for, and conduct the evaluation of, the contributing status of historic properties within an existing HC District.
3. Property owners. A property owner may submit an application a written request and designation application to the HPO requesting an evaluation of the contributing status of a property. The HPO must evaluate the application in relation to the contributing status of the owner's historic property within an existing HC District. Should the application be deemed incomplete, the HPO may request additional information of the applicant in order to determine the contributing status of the historic property.
c. Consideration by the HPO.
1. The HPO must perform an evaluation and make a determination of the contributing status of the subject historic property once the HPO has deemed an application to be complete.
2. Once the HPO makes a determination of the contributing status of a historic property, then the HPO must provide notice of its determination to the property owner(s) and the requesting party within 30 calendar days, or a reasonable time thereafter.
3. Should the HPO find that the subject property meets the definition of a contributing or non-contributing historic property, then the HPO will have authority to amend the status, unless the prior status of the historic property was approved by city council in which case the city council will have such authority.
4. A property owner may appeal the HPO's determination to the HCLC pursuant to the procedures set forth in this Historic Preservation Ordinance under § 4.401(g) below.
(1) Review required.
a. HC and HSE. Except as may otherwise be permitted in this Historic Preservation Ordinance, any historic property designated or pending designation as HC or HSE requires the submission of an application for a COA, review for appropriateness, and issuance of a COA in accordance with the provisions of this Historic Preservation Ordinance prior to the commencement of any exterior work on such historic property, including, but not limited to, construction, alteration, demolition, relocation, and repair.
b. DD. Except as may otherwise be permitted in this Historic Preservation Ordinance, any historic property designated or pending designation as DD requires the submission of an application for a COA, review for appropriateness, and issuance of a COA only for demolition or relocation in accordance with the provision of this Historic Preservation Ordinance prior to the commencement of any such demolition or relocation work.
c. Emergency securing of property. The city department charged with emergency securing of property, in cooperation with the HPO, may perform emergency measures to secure any historic property that is in imminent danger of collapse and a hazard to the public health, safety, or welfare without the necessity of a COA application, review for appropriateness, or COA; provided, however, that the HPO must receive written notice of such emergency securing measures and the date and time that the same will occur. The city will use its best efforts to minimize damage to the historical and architectural elements of the historic property.
(2) Level of review. Once the HPO deems an application for a COA to be complete, the HPO will determine whether the application will be evaluated for appropriateness by the HPO or the HCLC as set forth in this Historic Preservation Ordinance.
a. HPO review. Except where such jurisdiction conflicts with the powers and duties conferred upon the HCLC pursuant to this Historic Preservation Ordinance or Appendix A, § 2.103 of the city code, the HPO has original jurisdiction to evaluate applications for appropriateness and issue COAs; provided, however, the HPO may refer any application, or any portion thereof, to the HCLC for review and consideration.
b. HCLC review. The HCLC has original jurisdiction to evaluate applications for appropriateness, or any portion thereof, and issue COAs for the following:
1. New construction of a primary structure;
2. All waivers from applicable design standards and guidelines;
3. Demolition and relocation of individually designated historic properties and contributing historic properties in HC Districts, except those for emergency demolitions;
4. Requests for determination of whether individually designated historic properties and contributing historic properties in HC Districts can be reasonably rehabilitated pursuant to the city's Minimum Building Standards Code, including, but not limited to, Chapter 7, Article 4, § 7-109 of the city code;
5. Historic properties owned by a governmental entity, including, without limitation, the City of Fort Worth, Independent School Districts, and Counties; and
6. Referrals from the HPO.
(3) Criteria for evaluation of an application for appropriateness.
a. 1. Criteria for evaluation of work other than demolition or relocation. In determining the appropriateness of a COA application, the Secretary of the Interior's Standards for the Treatment of Historic Properties must be applied in conjunction with any applicable city codes and design standards and guidelines adopted by the city council.
2. Waivers from design Standards and guidelines. An applicant has the right to request a waiver from the applicable design standards and guidelines if a COA has been denied for failure to meet the applicable criteria, unless the requested item is specifically prohibited by such standards and guidelines in which case a waiver will not be considered.
i. Burden of proof. To receive a waiver from the applicable design standards and guidelines, the applicant must prove one of the following by a preponderance of the evidence:
A. That no reasonable opportunity exists to recover the cost of the work that is required by the design standards and guidelines. In determining whether to grant such a waiver, the HCLC should consider the totality of the circumstances and weigh the following factors:
(i) The cost to perform the work in compliance with the applicable design standards and guidelines;
(ii) The value of the property;
(iii) The extent to which a waiver is necessary to allow the owner a reasonable opportunity to recover the cost of the work;
(iv) Whether granting the waiver will harm an existing or proposed historic designation;
(v) Whether the applicant has applied for any tax incentives from the city, including, without limitation, the historic site tax exemption; and
(vi) Whether the proposed work is in harmony with the spirit and purpose of this Historic Preservation Ordinance.
B. (i) That no reasonable opportunity exists to technically execute the work that is required by the applicable design standards and guidelines.
(ii) In determining whether there is a reasonable opportunity to technically execute the work, the HCLC should evaluate the feasibility of physically performing the rehabilitation work on the property.
ii. Alternatives. The HCLC and the HPO, in consultation with the property owner, must explore alternatives to the proposed work that will preserve the historic property to the greatest extent feasible.
b. Criteria for evaluation of demolition and relocation.
1. Demolition or relocation request by an applicant other than the City of Fort Worth.
i. HSE and HC Designations.
A. Demolition. Where an applicant requests a COA for demolition of a historic property, then the HCLC or HPO, as appropriate, may approve such COA if it finds that the applicant has established at least one of the following by a preponderance of the evidence:
(i) Loss of Significance. The applicant must prove that the subject historic property has lost its historical significance, as evidence by the following:
(A) The property has undergone significant and irreversible changes or new information reveals that the property is no longer eligible for historic designation or contributing status;
(B) Such significant and irreversible changes were not caused either directly or indirectly by the owner, and were not due to intentional or negligent destruction or a lack of maintenance rising to the level of a demolition by neglect; and
(C) Such irreversible changes are impractical and unlikely to be reversed.
(ii) Unreasonable economic hardship. The owner of the historic property must prove an unreasonable economic hardship in accordance with this Historic Preservation Ordinance.
(iii) Non-contributing status. Because non-contributing historic properties do not contribute to the historic, cultural, or architectural significance of a HC District, the applicant must prove that the subject property is located in a HC District and classified as non-contributing and would not be eligible to be a contributing historic property if re-evaluated by the HPO or HCLC.
B. Relocation. In considering whether to approve or deny an application for a COA for relocation of a historic property, the HCLC or HPO, as appropriate, must consider the totality of the circumstances and weigh the following considerations: alternatives, rarity, structural integrity, nature of threat, streetscape integrity, setting of the existing and recipient sites, and interim and long-term protection.
ii. DD designations. Where an applicant, other than the City of Fort Worth, requests a COA for demolition or relocation of a historic property designated or pending designation as DD, then the HCLC may not deny approval of the COA. However, the HCLC may delay the issuance of a demolition or relocation permit for up to 180 calendar days from the date of the HCLC's original hearing on the application for a COA to allow the HCLC, local preservation groups, and other interested parties to explore alternatives to demolition or relocation.
A. In determining the length of any delay for demolition, the HCLC must consider the effectiveness of any proposed alternatives and matters that may cause a hardship to the applicant, including, without limitation, financial and development issues.
B. In determining the length of any delay for relocation, the HCLC must be guided by the relevant considerations applicable to relocation.
C. Should the HCLC fail to approve a specific delay period by an affirmative vote, the maximum delay of 180 calendar days will be required.
2. Demolition request by the City of Fort Worth.
i. Minimum building standards.
A. Owners, or other persons or entities, having legal custody and control of a historic property have an ongoing obligation to maintain such historic property in accordance with the city's Minimum Building Standards Code.
B. In determining whether a historic property should be demolished as a result of neglect, the city must follow the processes and procedures set forth in the city's Minimum Buildings Standard Code, including, but not limited to, Chapter 7, Article 4, § 7-109 of the City Code concerning the preservation of historic properties.
ii. Emergency demolition. The HPO may approve a demolition permit for an emergency demolition for a historic property if the city's building code official or development inspection supervisor (or a similar position within the city) determines that such historic property is in imminent danger of collapse and a hazard to the public health, safety, or welfare. Prior to doing so, the city's building code official or development inspection supervisor (or a similar position within the city) must inspect the property and document, in writing, the findings and reasons requiring an emergency demolition, a copy of which must be forwarded immediately to the HPO. Such process will not require the submission of an application for a COA or review for appropriateness.
(4) Review process.
a. Step 1: submission of an application for a COA.
1. An applicant must file an application for a COA with the HPO, which will be in a form promulgated and approved by the HPO. Once the HPO determines the application for appropriateness to be complete, the HPO will determine the appropriate level of review. The application must, at the very least, require the following items from all applicants:
i. Rationale for how the proposed change is compatible with designation as HSE or HC;
ii. Rationale and evidence supporting loss of significance or proof of unreasonable economic hardship, where applicable;
iii. A condition assessment of the historic property for demolition requests;
iv. Rationale and evidence supporting the criteria for relocation, including, without limitation, any contextual plans that show the relationship between the existing historic property to be relocated and its recipient site, which may include, without limitation, elevations and site and building sections;
v. Signature of the applicant verifying that the application is complete and correct; and
vi. Any other information that the HCLC or HPO may determine to be reasonably necessary.
2. Demolition by way of minimum building standards.
i. To demolish a historic property, the city must follow the processes and procedures set forth in the city's Minimum Buildings Standard Code, including, but not limited to, Chapter 7, Article 4, § 7-109 of the city code concerning the preservation of historic properties.
ii. The HPO or HCLC may also file a written request with the city department charged with enforcing the city's Minimum Building Standards Code, requesting that the city pursue a case against a historic property.
b. Step 2a: review and action by the HPO.
1. In considering an application for a COA, the HPO must, after taking into consideration the criteria for evaluating appropriateness, either approve, deny, or refer the application to the HCLC within 30 calendar days after determining that the application is complete, or as soon thereafter as is reasonably practicable.
2. The HPO may approve the application for appropriateness with or without conditions.
3. The HPO is not required to provide notice to the public of applications for appropriateness for which the HPO has jurisdictional review authority, unless the HPO refers such an application to the HCLC for review.
c. Step 2b: review and action by the HCLC.
1. Public hearing required.
i. All applications requiring review and a COA by the HCLC must be considered by the HCLC at its next available public hearing after the application has been determined to be complete by the HPO, or as soon thereafter as is reasonably practicable.
ii. If an applicant is appealing a decision of the HPO, then such review by the HCLC must be considered by the HCLC at its next available public hearing after the Fort Worth city secretary and the HPO receive the applicant's notice of appeal, or as soon thereafter as is reasonably practicable.
2. Consultation meeting. For COA applications involving demolition or relocation where the city is not the applicant, the HPO will coordinate a consultation meeting at the historic property that is the subject of the demolition or relocation, or another location agreed upon by the meeting attendees. The meeting must include the applicant, property owner(s), city staff, and interested parties. The purpose of the meeting is to consult, in good faith, in a diligent effort to seek alternatives to demolition or relocation. This requirement is not considered a prerequisite to the demolition or relocation of a particular historic property if the HPO has diligently pursued such meeting to no avail.
3. Notice of public hearing. The HPO must mail a notice of public hearing to the property owner(s) located within 200 feet of the property listed on the application for a COA at least ten calendar days prior to the HCLC hearing for which it will appear.
4. Decision of the HCLC. The HCLC must conduct a public hearing on the applicant's request for a COA, taking into consideration the applicable criteria for evaluation.
i. For properties designated or pending designation as HSE or HC, the HCLC must approve the case, with or without conditions, deny the case, with or without prejudice, or continue the case to a date certain.
ii. For properties designated or pending designation as DD, the HCLC must approve the COA, subject to any delay or conditions imposed.
d. Step 3. written decision for a COA. All decisions of the HPO and the HCLC concerning a COA must be in writing and state the decision and any findings necessary to support such decision. The HPO must mail a written copy of any decision to the applicant within 30 calendar days after such decision has been rendered.
(5) Conditions for issuance of a COA for demolition and relocation.
a. HSE and HC. As a condition for the issuance of a COA for demolition or relocation of a historic property designated or pending designation as HSE or HC, the HCLC or HPO, as appropriate, may require any of the following:
1. Preparation of a salvage plan;
2. Documentation of the historic property;
i. Photographs of the historic property or features to be demolished;
ii. Written documentation of the significance of the historic property; and
iii. Documentation that the site has been rezoned, replatted, variances granted, or that other development requirements have been met.
3. Scaled drawings of the floor plan and exterior elevations;
4. Scaled plan indicating the dimensions of the site and exact location of each structure, property, and landscape feature on the site;
5. Preservation of trees, shrubs, and other landscaping of substantial significance; and
6. Any other information that the HCLC or HPO, as appropriate, may deem reasonably necessary to record the proposed demolition or relocation, such as documentation in accordance with the Historic American Building Survey or Historic American Engineering Record.
b. DD. Owners of historic property designated as DD who have received a permit to demolish or relocate such property must document such historic property in accordance with the Historic American Buildings Survey Documentation Standards prior to the demolition or relocation. The owner must coordinate with the HPO in documenting such property. Such owners must grant access to the property to city staff during reasonable business hours to facilitate such documentation.
(6) Additional requirements for demolitions and relocations.
a. Upon verification by the HPO that the approved demolition or relocation has occurred, the HPO will prepare the following applications (where applicable):
1. For demolitions, an application to remove the historic designation from the property.
2. For relocations, an application to remove the historic designation from the vacant lot and designate the new lot where the historic structure has been moved, which designation must be equal to or better than the existing designation on the historic property.
b. For relocations, a permit may not be issued for the development of the vacated lot until the rehabilitation of the relocated historic structure has occurred.
c. The owner of a relocated historic property must stabilize and substantially rehabilitate the historic property within nine months from the date of approval. If the owner fails to meet the nine-month term, then the HPO may extend the deadline an additional six months. If a property owner fails to meet the applicable deadline, the city may pursue any and all available remedies, including, but not limited to, those set forth in the penalties section of this Historic Preservation Ordinance.
(7) Effect of a denial for COA.
a. When an application for a COA has been denied with prejudice and all appeals have been exhausted, or when an applicant has withdrawn an application for appropriateness after such application has been scheduled for hearing before the HCLC, no new application of like nature will be accepted by the HPO or scheduled for a hearing before the HCLC for a period of 12 months following the final date of denial or withdrawal, unless the application is denied without prejudice. Any denial by the HCLC will constitute a denial with prejudice unless the HCLC specifically states on the record that the denial is without prejudice.
b. Exception. If an applicant submits an application for a COA for the same Historic Property that sets forth substantially different changes to that property than those changes that were denied with prejudice or withdrawn in the original application, then the HPO may waive the mandatory delay period and authorize the acceptance as a new application to be considered anew in accordance with the process set forth in this Historic Preservation Ordinance.
(8) Expiration of a COA. If, within two years from the date of the issuance of a COA, the historic property owner has not begun construction as evidenced by issuance of a building permit or a written contractual obligation to undertake a program of on-site construction, then such COA will expire. If the work for which a COA is approved is not completed within 3 years from the date that the COA is issued, then the COA will expire. The HCLC may grant extensions to allow the applicant to complete the work if it finds by a preponderance of the evidence unusual and compelling circumstances justifying relief from the completion deadline.
(9) Other permits required. Any COA required by this Historic Preservation Ordinance will be in addition to any other permits, variances, or approvals required by local, state, or federal law, and 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.
(10) Enforcement.
a. All work performed pursuant to any approvals granted in this Historic Preservation Ordinance, including, but not limited to, a COA, must conform to the requirements set forth in this Historic Preservation Ordinance.
b. The HPO must periodically inspect any such work to ensure compliance. The building official must issue a stop-work order for any work that is not in compliance with this Historic Preservation Ordinance and all such work must immediately cease. No further work can be undertaken on a project while a stop-work order is in effect, except at the discretion of the HPO where work is deemed to not require a COA or other review as provided by this Historic Preservation Ordinance.
c. Within ten business days after receiving a stop-work order, a property owner must submit an application for all necessary approvals. Where a property owner fails to submit such application within the required time period, the City may pursue any and all available remedies, including, but not limited to, those set forth in the penalties section of this Historic Preservation Ordinance.
(1) Declaration of unreasonable economic hardship. The HCLC may declare that an unreasonable economic hardship exists as a basis for:
a. Recommending removal of a designation for historic property; or
b. Issuing a COA approving the demolition of historic property designated or pending designation as HSE or HC.
(2) Burden of proof. When a claim of unreasonable economic hardship is asserted, the historic property owner must prove the following by a preponderance of evidence:
a. The historic property is incapable of earning a reasonable rate of return in its current or rehabilitated state, regardless of whether that return represents the most profitable return possible, unless the HSE, HC, or DD designation, as applicable, is removed or the proposed demolition is allowed;
b. The historic property cannot be reasonably adapted for any other feasible use, whether by the current owner or by a purchaser, which would result in a reasonable rate of return; and
c. The historic property owner has demonstrated reasonable, good faith efforts to find a purchaser or tenant interested in acquiring or leasing the historic property.
(3) Proof of hardship.
a. The information to be considered as evidence of an unreasonable economic hardship must include, at a minimum, the following items, all of which must be submitted to the HPO as part of an application asserting an unreasonable economic hardship.
1. For all structures and property:
i. The original purchase price of the structures and property;
ii. The name and legal status (e.g., partnership, corporation) of the owner(s);
iii. For proposed demolitions, a signed building assessment report from a licensed engineer or contractor, with experience in rehabilitation, as to the structural soundness of any structures on the historic property and their suitability for rehabilitation and including a cost estimate for repairs;
iv. A cost estimate for demolition;
v. The past and current use of the historic property;
vi. The assessed value of the historic property according to the two most recent tax assessments;
vii. The amount of real estate taxes on the property for the previous two years;
viii. The date of purchase or other acquisition of the historic property;
ix. Principal balance and interest rate on the current mortgage and the annual debt service on the historic property, if any, for the previous two years;
x. All appraisals obtained by the owner or applicant within the previous two years in connection with the owner's purchase, financing or ownership of the historic property;
xi. Any listing of the historic property for sale or rent, asking price, and offers received;
xii. Any consideration given by the owner to profitable adaptive uses for the historic property;
xiii. Any replacement construction plans for proposed improvements on the historic property;
xiv. Financial proof of the owner's ability to complete any replacement project on the historic property, which may include, without limitation, a performance bond, a letter of credit, a trust for completion of improvements, or a letter of commitment from a financial institution; and
xv. Proof that the owner's affirmative obligations to maintain the historic property make it impossible for the owner to realize a reasonable rate of return on the historic property.
2. Additional requirements for an income producing historic property:
i. Annual gross income from the property from the previous two years;
ii. Itemized operating and maintenance expenses from the previous two years; and
iii. Annual cash flow, if any, from the previous two years.
3. The HCLC or HPO may require that an applicant furnish additional information relevant to a determination of unreasonable economic hardship.
b. Claims of unreasonable economic hardship by the historic property owner must not be based on conditions resulting from the following:
1. Evidence of demolition by neglect or other willful and negligent acts by the owner;
2. Purchasing the property for substantially more than market value at the time of purchase;
3. Failure to take into account historic properties in the planning and design stage of development or proposed development;
4. Failure to perform normal maintenance and repairs;
5. Failure to diligently solicit and retain tenants; or
6. Failure to provide normal tenant improvements.
(4) Unreasonable economic hardship for HC Districts.
a. Where an individual historic property in a HC District is demolished pursuant to a COA issued as a result of an unreasonable economic hardship, then the historic property that was the subject of the COA for demolition must retain its designation as a historic property within the HC District and will be subject to all requirements for historically designated property that are set forth in this Historic Preservation Ordinance.
b. HC District designation can only be removed from the entire HC District in accordance with the process for removal of historic designations set forth in this Historic Preservation Ordinance.
(1) Purpose and intent. The purpose of this section is to set out the parameters that encourage the appropriate treatment of historic properties through the use of tax exemptions. With the exception of historic site tax exemptions of the entire assessed value of a particular structure, the intent of the historic site tax exemption is and has always been for the property receiving the tax exemption to be in the same position vis-à-vis City of Fort Worth taxes for the entire term of the exemption, assuming that market values are generally increasing.
(2) Authority. The tax exemption described in this section is adopted pursuant to the authority provided in Article 8, Section 1-f of the Texas Constitution and Tex. Tax Code § 11.24. In accordance with Tex. Tax Code § 11.24, a structure that is individually designated as HSE or HC or located in a HC District, and the land necessary for access to and use of the structure, is deemed to be a historically significant site in need of tax relief to encourage its preservation.
(3) Pre-existing historic site tax exemptions.
a. Any application for a historic site tax exemption submitted on or after May 1, 2018 will be governed by the provisions of this § 4.401(f) of the Historic Preservation Ordinance. An application for a historic site tax exemption that was submitted prior to May 1, 2018 will receive consideration under the ordinance then in effect; provided, however, that any application for a historic site tax exemption that was received by the HPO on or before December 31, 2015, and that does not receive approval and verification of a tax exemption that commences on January 1, 2019, will automatically expire without further notice to the applicant.
b. A historic site tax exemption lawfully granted by the city council prior to May 1, 2018 under the ordinance then in effect remains valid until expiration or termination.
(4) Eligibility.
a. Subject to the provisions of this § 4.401(f), a structure that is individually designated as HSE or HC or a contributing historic structure located in a HC District, and the land necessary for access to and use of the structure, that is substantially treated in accordance with this Historic Preservation Ordinance will be eligible to receive a historic site tax exemption. For purposes of this § 4.401(f), any use of the term "Structure and Land" is intended to refer to the eligible structures (which includes improvements) and land set forth immediately above.
b. An application for a historic site tax exemption must be received and approved by the HPO prior to the commencement of treatment to be eligible to receive the historic site tax exemption. Failure to meet this requirement will bar eligibility for a historic site tax exemption.
c. The Structure and Land will be eligible to receive a historic site tax exemption once every 20 years, provided that the requirements set forth in this section have been met and the Structure and Land are not in violation of the Zoning Ordinance, including this Historic Preservation Ordinance. The 20 year period begins in the year that the corresponding historic site tax exemption commences.
d. Eligible costs for substantially treating a structure includes those costs incurred for, and that reasonably relate to, treatment.
1. Costs incurred for treatment of the following non-exclusive list of items are deemed eligible costs:
i. Structural walls;
ii. Structural subfloors;
iii. Structural ceilings;
iv. Exterior doors;
v. Exterior paint;
vi. Windows;
vii. Exterior brick veneers or treatments;
viii. Roof and gutter where necessary for structural integrity;
ix. Facade items;
x. Foundation;
xi. Termite damage and treatment;
xii. Mechanical, electrical wiring, and plumbing systems;
xiii. Architectural and engineering services if directly related to the eligible costs described above;
xiv. Elevators; and
xv. Demolition and cleanup if directly related to the eligible costs described above.
2. Costs incurred for treatment of the following non-exclusive list of items are deemed ineligible costs:
i. Plumbing and electrical fixtures, except those fixtures that are a documented replacement of historic fixtures;
ii. Security and fire protection systems;
iii. Overhead;
iv. Taxes;
v. Supervisor payroll;
vi. Repairs of construction equipment;
vii. New additions;
viii. Purchase or rental of tools and equipment; and
ix. Any other items not directly related to the exterior appearance or the structural integrity or viability of the structure.
e. All work must be performed in accordance with the provisions of this Historic Preservation Ordinance and all applicable federal, state, and city laws, rules, and regulations.
f. The owner of the Structure and Land must ensure that the HPO is permitted to investigate the same prior to commencing any treatment work to assess eligibility for the historic site tax exemption.
g. The Structure and Land will not be eligible for a historic site tax exemption nor will any property owner receive any form of refund for city ad valorem taxes paid on the Structure or Land for any years prior to verification and approval of a historic site tax exemption by the Fort Worth City Council.
h. Multi-family residential facilities that are eligible for a historic site tax exemption under § 32-41 of the City Code will not be eligible to receive a tax exemption under this section of the Historic Preservation Ordinance after May 1, 2018.
i. Properties receiving a tax abatement within a City of Fort Worth Neighborhood Empowerment Zone are not eligible to apply for or receive a historic site tax exemption until after expiration of the abatement.
j. 1. The property tax exemption provided under this Historic Preservation Ordinance is intended to be of limited duration only and is not intended to limit property values or tax assessments for a longer or permanent duration such as those associated with an ad valorem tax limitation.
2. Notwithstanding anything to the contrary in this Historic Preservation Ordinance, if an individual qualifies a property (i) to receive a special valuation under Tex. Tax Code, Chapter 23, Subchapters B through H except for a homestead special valuation under Tex. Tax Code § 23.23 or (ii) to receive an ad valorem tax limitation, then the applicable historic site tax exemption ends, effective on the date on which the special valuation or ad valorem tax limitation becomes effective, such that the historic site tax exemption will not be included in calculating any such tax limitation.
(5) Description of historic site tax exemption.
a. During the term of the historic site tax exemption, the Structure and Land will receive an exemption in an amount equal to the difference between the following:
1. The City of Fort Worth current-year taxable value after application of any other applicable exemptions, including, without limitation, the homestead exemption; and
2. The City of Fort Worth base-year taxable value after application of any other applicable exemptions, including, but not limited to, the homestead exemption.
b. Below are examples of the intended application of the tax exemption as applied to a property receiving the city's homestead exemption of 20% on the appraised value and no other exemptions (other than the historic site tax exemption).
1. Base year: assume appraised value of $100,000.
Base year appraised value $100,000
- Homestead exemption - $20,000
Base year taxable value $80,000
2. Year 3: assume appraised value increases to $120,000.
Appraised value $120,000
- Homestead exemption - $24,000
Current year taxable value $96,000
- Base year taxable value - $80,000
Historic site tax exemption $16,000
3. Year 5: assume appraised value increases to $140,000.
Appraised value $140,000
- Homestead - $28,000
Current year taxable value $112,000
- Base year taxable value - $80,000
Historic site tax exemption $32,000
4. Year 6: assume appraised value decreases to $80,000.
Appraised value $80,000
- Homestead - $16,000
Current year taxable value $64,000
- Base year taxable value - $80,000
Historic Site Tax Exemption $0
5. Year 10: assume appraised value increases to $110,000.
Appraised value $110,000
- Homestead - $22,000
Current year taxable value $88,000
- Base year taxable value - $80,000
Historic Site Tax Exemption $8,000
c. As reflected in the examples above, a historic site tax exemption only applies in those years during the exemption's term in which the property's taxable value (after application of other applicable exemptions) is greater than the property's base-year taxable value.
d. As shown in Example 4 above, if in any year a property's taxable value (after application of other applicable exemptions) is less than the property's base-year taxable value, no historic site tax exemption will apply. The term of a historic site tax exemption will not be extended on the basis that the property's taxable value was less than the property's base-year taxable value in one or more years.
e. As reflected in Example 5 above, if a property's taxable value subsequently exceeds the base-year taxable value, the historic property tax exemption will again apply to the extent the property's taxable value (after application of all other applicable exemptions) is greater than the property's base-year taxable value.
(6) Term.
a. Base term. The base term for the tax exemption is ten years, commencing on January 1 of the tax year immediately following verification and approval of the tax exemption by the Fort Worth city council.
b. Extended term. To encourage early treatment of structures and land, if substantial treatment is completed and the Fort Worth city council verifies and approves the historic site tax exemption within two years after being designated as HSE, then the Structure and Land are eligible for an extended term of five years following expiration of the base term, resulting in a total duration of 15 years. Otherwise, the Structure and Land will only be eligible for the ten year base term.
(7) Application process.
a. Step 1: submission and review of application for tax exemption.
1. An applicant may initiate the application process for a historic site tax exemption by submitting a fully completed and signed application to the HPO, which will be in a form promulgated and approved by the HPO. The application for a historic site tax exemption must be submitted prior to commencing treatment.
2. An application for a historic site tax exemption may be processed concurrently with an application for any COA for the same structure.
3. Once an application for a historic site tax exemption is deemed complete by the HPO, the HPO will send the property owner a letter that sets forth the date that the HPO determined the application to be complete, the base-year taxable value, the projected term of the historic site tax exemption, and the deadline for completion of substantial treatment.
b. Step 2: deadline to complete substantial treatment. The deadline to complete substantial treatment will run concurrently with the deadline associated with a COA for the same treatment project in § 4.401(d)(8).
c. Step 3: Verification of Substantial Treatment by the HPO.
1. After the subject Structure and Land has been substantially treated, the applicant must submit a sworn statement of completion to the HPO attesting to the fact that the Structure and Land that is the subject of the application for a historic site tax exemption has been substantially treated as required herein.
2. The sworn statement must be in a form promulgate and approved by the HPO; provided, however, that the form must, at the very least, require the applicant to provide copies of all receipts for costs and be signed and sworn to by the property owner of the Structure and Land that is the subject of the application.
3. No later than 30 business days after receiving the sworn statement of completion and any required supporting documents from the historic property owner, the HPO must make an investigation of the subject Structure and Land to verify whether the treatment project has been completed. If the HPO finds that the Structure and Land that is the subject of the application for the historic site tax exemption have not been substantially treated or the treatment does not comply with the applicable COA, then the HPO must notify the applicant, in writing, of its decision, along with the reasons supporting any such findings. The applicant will have until the applicable deadline to complete the treatment project or remedy any identified deficiencies. If the HPO finds that the Structure and Land that is the subject of the application for the historic site tax exemption have been substantially treated in accordance with the applicable COA, then the HPO must recommend approval of such tax exemption to the HCLC and the Fort Worth city council.
d. Step 4: consideration by the HCLC.
1. Once the HPO verifies that the Structure and Land that is the subject of an application for a historic site tax exemption have been substantially treated, then the HPO will schedule a hearing before the HCLC for consideration of the exemption.
2. The HCLC must conduct a hearing and recommend approval or denial of the historic site tax exemption to the city council or continue the case to a date certain.
e. Step 5: consideration by city council.
1. No less than once per calendar year, the HPO must submit to the Fort Worth city council for consideration any outstanding applications for verification of historic site tax exemptions that have received a recommendation from the HCLC.
2. The city council may declare the property to be entitled to the historic site tax exemption as provided herein upon verification of completion of treatment project.
f. Step 6: execution of commitment to repay.
1. Following approval of a historic site tax exemption by the Fort Worth city council, the property owner must record a commitment to repay document provided by the HPO as a notice of the historic site tax exemption and commitment to repay taxes in the event of default. Failure to record such a document in the official property records of the county where the property is located may result in the delay of receipt of a historic site tax exemption.
2. The purpose of the commitment to repay is to provide information on the approved scope of treatment work, the terms of the historic site tax exemption, and penalties for negligently or willfully destroying the subject property during the term of the exemption.
3. The commitment to repay must be filed by the owner in the official property records of the county where the property is located, will run with the land, and will bind the owner and any heirs and assigns. Within ten calendar days of filing, the owner must provide the HPO with a copy of the receipt or invoice proving that the commitment to repay has been filed. Any unpaid amount will constitute a lien against the property. Failure to record such a document may result in the delay of receipt of the historic site tax exemption.
g. Step 7: notification of taxing authorities.
1. The HPO will give written notice of approval of the historic site tax exemption to the chief appraiser of the appraisal district for the county in which the property is located and designated staff for the City of Fort Worth.
2. Thereafter, the property owner will be entitled to the applicable historic site tax exemption, commencing on January 1 of the tax year immediately following verification and approval by the Fort Worth city council.
3. Nothing in this section relieves the property owner from the responsibility to apply to the appraisal district for the county in which the property is located each year for the historic site tax exemption pursuant to the terms of the Texas Tax Code.
(8) Transferability of historic site tax exemption. The benefits of the historic site tax exemption are transferrable to subsequent owners of the same property.
(9) Expiration of historic site tax exemption. Upon expiration of the base term or extended term, as applicable, the historic site tax exemption automatically expires without further action by the city, and the Structure and Land will be taxed in accordance with all applicable laws.
(10) Loss of historic site tax exemption.
a. Where a historic property designated as HSE or HC is partially destroyed or altered or completely demolished as a result of willful or negligent acts or omissions without the appropriate city approvals, the HPO will notify the owner of violations in writing and specify a deadline for correction of such violations if such a correction is feasible. The HPO may amend the deadline as needed. If satisfactory corrective measures are not undertaken within the time specified or corrective measures are not feasible, then the HPO may initiate procedures to terminate the historic site tax exemption by scheduling the case for review by the HCLC. The HCLC must make a recommendation to city council concerning whether to terminate the tax exemption. Upon approval of the termination of the exemption by Fort Worth city council, the HPO will notify the chief appraiser of the appropriate appraisal district of the termination of the exemption and the property owner will be required to repay the greater of the city taxes exempted, plus interest calculated at the rate of ten percent per year, or the maximum amount allowed by law pursuant to the terms of the commitment to repay. The city's remedies pursuant to the commitment to repay will be in addition to all rights and remedies pursuant to the Texas Tax Code.
b. Where a historic property designated as HSE or HC is completely demolished, partially destroyed, or altered due to an event that is not the result of a willful act or negligence, and it is determined that repair is unfeasible, or the damage is irreversible and has caused the property to lose historical significance or status as a contributing historic property to a HC District, the HPO will notify the chief appraiser of the appraisal district of the termination of the historic site tax exemption. Repayment of the tax revenues and interest is not required.
(1) Appeal of the HPO. An applicant may appeal the decision of the HPO to the HCLC. A written notice of appeal must be filed with the Fort Worth City Secretary's Office and the HPO within 15 calendar days after the HPO mails written notification of such decision to the applicant. The written notice of appeal must specify the grounds for appeal. Any appeal to the HCLC will be reviewed de novo.
(2) Appeal of the HCLC.
a. Eligibility. An interested party may appeal all decisions of the HCLC to the Board of Adjustment, except those relating to historic designations and tax exemptions (which are decided by the Fort Worth city council). A written notice of appeal must be filed with the Fort Worth city secretary's office and the HPO within 15 calendar days after the HPO mails written notification of the decision to the applicant. The written notice of appeal must specify the grounds for appeal.
b. Public hearing. A hearing on such appeal will be scheduled with the Board of Adjustment within 30 calendar days after the city secretary's office and the HPO receive the written notice of appeal, or as soon thereafter as is reasonably practicable. The HPO will forward a complete record of the matter, including, but not limited to, a transcript of the hearing before the HCLC, to the board of adjustment. At the hearing, the city and the applicant, will have the opportunity to be heard. The board of adjustment may consider the testimony and evidence concerning the previous recommendations and actions of city staff and the HCLC.
c. Standard of review. The standard of review before the board of adjustment is the substantial evidence test. The burden of proof is on the appealing party to establish that the record reflects the lack of substantial evidence in support of the HCLC decision.
d. Decision of the board of adjustment.
1. The board of adjustment may affirm or reverse any decision of the HCLC or remand any case, either in whole or in part, back to the HCLC for further review.
i. The board of adjustment must remand the matter back to the HCLC in instances where testimony and evidence material to the matter is presented that was not previously available at the time of the HCLC hearing.
ii. The board of adjustment must reverse the decision of the HCLC if the HCLC's decision is not reasonably supported by substantial evidence, considering the record as a whole.
iii. The board of adjustment may not substitute its judgment for the judgment of the HCLC on the weight of the evidence on questions committed to the HCLC's discretion.
2. Administrative remedies exhausted. An appeal hearing before the board of adjustment will exhaust the administrative remedies of the appellant under this Historic Preservation Ordinance.
(1) Fines. Any person or entity that fails to comply with the provisions of this Historic Preservation Ordinance will be subject to the fines set out in § 1-6 of the city code.
(2) Restrictions on future development.
a. If a historic property is demolished or relocated without a COA, then the following restrictions set forth below will be applicable to the property at the site where the property was formerly located:
1. No building or other permits will be issued for construction on the property, with the exception of a permit to restore such property after obtaining a COA, for a period of five years after the date of such demolition or relocation;
2. No permits will be issued by the city for any curb cuts on the property for a period of three years from and after the date of such demolition or relocation;
3. No parking lot for vehicles will be operated on the property for a period of three years from and after the date of such demolition or relocation; and
4. The owner of the property must maintain the same in a clean and orderly state and must properly maintain all existing trees and landscaping on the site.
b. When these restrictions become applicable to a particular property, the HPO will cause to be filed a verified notice thereof in the real property records of the county where the property is located and such restrictions will then be binding on future owners of the property. The restrictions imposed by this section will be in addition to any applicable fines.
(3) Cumulative remedies. The provisions of this section are cumulative of all other enforcement procedures and penalties that are available at law or in equity, including, but not limited to, those available for adversely affecting historic structures or property under Tex. Local Gov’t Code §§ 54.001 et seq., 211.001 et seq., 214.001 et seq., and 315.006 and Tex. Gov’ Code § 442.016.
(Ord. 19026, eff. 2-9-2010; Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012; Ord. 20735-05-2013, §§ 1—4, passed 5-7-2013, eff. 5-21-2013; Ord. 21086-12-2014, § 1, passed 1-7-2014, eff. 2-7-2014; Ord. 21272-06-2014, § 3, passed 6-3-2014; Ord. 21272-06-2014, § 5, passed 6-3-2014; Ord. 23166-04-2018, § 2, passed 4-3- 2018)